General Aviation Revitalization Act of 1994 Term Paper

General Aviation Revitalization Act of 1994 - Term Paper Example Eventually, the impact of GARA 1994 on the socio-economic welfare of the manufacturers of general aviation aircraft before and after the Act was enacted will be thoroughly discussed. About General Aviation Revitalization Act (GARA) of 1994 With the purpose of amending the Federal Aviation Act of 1958, the General Aviation Revitalization Act of 1994 (GARA)1 was enacted (Angelley, 2011; Clinton, 1994). Under GARA of 1994, the term â€Å"general aviation† includes all types of aircrafts with no more than 20 passengers that had received an airworthiness certificate from the Federal Aviation Administration (FAA) (Kovarik, 2008; Clinton, 1994; Kister, 1998). The said Act applies to all aircrafts 18 years old or more when the accident happens (Angelley, 2011; Clinton, 1994). GARA is an Act of Congress that was made under the Senate Bill S. 1458 – 103rd Congress. Aside from preserving the rights of the pilots and passengers, the main reason why the Act was created is to protect the aircraft manufacturers from the prolonged adverse socio-economic impact of product liability in small aircrafts of not more than 20 passengers (Angelley, 2011; Kister, 1998). ... In fact, the enactment of GARA 1994 has made a lot of general aviation aircraft victims and their attorneys become frustrated for failing to receive justice for losing the lives of their loved ones or facing the consequences of physical injuries caused by the general aviation aircraft accidents (Kovarik, 2008). The main purpose of implementing the GARA of 1994 is to create some exceptions wherein the general aviation manufacturers can be protected from the risks of lawsuits caused by manufacturing designs created more than 18 years since the aircraft was released from the warehouse of general aviation companies2. On top of the number of years when the general aviation aircraft was manufactured, other important considerations that will not protect the general aviation manufacturers under the GARA of 1994 include the following conditions: (1) in case the manufacturer of general aviation aircraft can prove that there has been a misrepresentation or withheld information coming from the F AA that could somehow have triggered the plane to crash; (2) in case the victims of the plane crash is a passenger who is at the time of the crash receiving emergency or medical treatment; (3) in case the person who died or was physically injured in the plane crash was not a passenger of the aircraft; and (4) in case the lawsuit has a written warranty that directly involve a specific aircraft3 (Angelley, 2011; Kovarik, 2008). With regards to the future maintenance requirements of the aircraft, the said Act does not protect the owners of the general aviation aircraft for not being able to perform their responsibility in maintaining the quality of the aircraft’s engine

James Hurst’s short story “The Scarlet Ibis” Essay Example for Free

James Hurst’s short story â€Å"The Scarlet Ibis† Essay People with pride always do the right things. Sometimes they can make they pride better, but they are cover with a sorrow in their mind for what they have done. These people often have a happy life, but they are holding sadness. In James Hurst’s short story â€Å"The Scarlet Ibis† Brother helps Doodle because it makes Brother feel good about himself. Helping Doodle makes Brother feel good because he was embarrass for having a handicap brother. For instance, bother was ashamed for â€Å"having a brother of that age who couldn’t walk. †(557).This shows that brother hates Doodle because Doodle cannot walk. This also shows that brother did not want Doodle to be alive because he was embarrassed for having a cripple brother. An example of Brother embarrassed because of Doodle was when he â€Å"having a cripple brother.†(559).This show that Brother was mad about Doodle could not walk. This also shows that people could kill someone for their pride. Another example of Brother was embarrass for having a handicap brother was when Brother taught Doodle how to walk and saying that the people â€Å" did not know that I did it for myself.†(558). This shows that brother was helping Doodle to walk. When Doodle started walking, he was not embarrassed anymore because he having a normal brother now. This also shows that Brother take his own hand to help Doodle, but he did it for his pride. Brother was a bad person for what he had done for his pride, but not for Doodle. Brother was selfish for what he had done for himself. This visualized how Doodle had trying hard to learn to walk for Brother pride. Brother help Doodle to do thing and it makes him feel good because the other people were happy for what he had done. For instance, the family was happy because Brother â€Å" had taught him how to walk.†(559).This shows that Doodle start walking makes the family and Brother really happy. This also shows that Doodle was not thinks that Brother taught him how to walk because of Brother pride. Another example about the family was happy about what brother had done was when the family hugs Brother, so he â€Å"began to cry.†(559).this shows that brother was happy to have a normal brother, he was happy because everyone thought he was a hero. This also show that Brother was ashamed because of what he did it for himself, but not for Doodle, so he cried. Furthermore, the family was happy about What brother had done, and the family â€Å" Dance together quite well†¦Ã¢â‚¬ (559). This show that the family is celebrating for Doodle and cheering for Brother, so brother was really happy. This also shows that Bother is proud of himself, he realize that Doodle is really special for him because Doodle make him happy. Brother was happy and also sad for what he had done for Doodle Helping Doodle makes Brother feel good because he wants Doodle to be normal like other kids. For instance, Bother was happy to teach Doodle â€Å"to run, to swim, to climb trees, and to fight.†(559). This shows that brother have faith in Doodle to do other things beside walking. This also shows that brother believed himself and Doodle ability. He knows that he could done more for Doodle. In the same way, Brother wants Doodle to be normal so he gave Doodle â€Å"swimming lesson or showed him how to row a boat.†(560). This shows that Brother begin to teach Doodle how to do things, so Doodle does not have any problem later. This also shows that Brother cares more about Doodle more than his pride. He pushed Doodle to be normal like other kids. Furthermore, Brother wants Doodle to be normal and Brother made Doodle to â€Å"swim until he turned blue and row until he couldn’t lift an oar.†(560).This shows that Brother pushes Doodle over the limit to make him to do things. This also shows that Brother makes Doodle tired even if Doodle has physical problem. It is too much for Doodle to handle. Brother was pushing Doodle too much to learn stuff even if Doodle is tired. Doodle could be dead because he was sick. Pride makes life meaningful for people, but sometime their pride can be bad because of what people did I life. Like Brother, people can take advantage to make their pride better. Sometime these people care about their pride, but not the other.

The Cosmos: Creation :: essays research papers

The Cosmos: Creation Where is the universe from? Where is it going? How is it put together? How did it get to be this way. These are Big questions. Very easy to ask but almost impossible to answer. We want answers for philosophical reason having nothing to do with science. No one will get rich from discovering the structure of the universe unless they right a book about it. The area of science dealing with Big questions is called cosmology. The reason for it's study is found in the fact that: The universe was born at a specific time in the past and has expanded ever since. The Expansion of the Universe Edwin Hubble established the existence of other galaxies. He noted that the light from these galaxies was shifted toward the red. That is it's wavelength was longer than that of the light emitted from the corresponding atoms in the lab. Furthermore he found that the farther away the galaxy was the more it was shifted toward the red end of the spectrum. Hubble attributed this shift to the doppler effect. Hubble saw this and concluded that all galaxies are rushing away from us and the universe is expanding as a whole. Modern equipment has observed and verified this so-called Hubble expansion exists throughout the observable universe. This shows three important things. First there is no significance to the fact that earth seems to be the center of the universal expansion. In any galaxy it would look as if you were standing still and all others were rushing away from you. Second the movement of the universe is not like an explosion. Galaxies are not moved through the universe but expand with the universe. Third the galaxies themselves do not expand only the space between them. Finally if you ask where the expansion started the only answer is everywhere. In the words of the fifteenth-century philosopher Nicholas of Cusa, "the universe has its center everywhere and its edge nowhere." This theory has one fact that is inescapable. The universe was not always there but did have an beginning. This has come to be known as the Big-Bang theory. Universal Freezing When the universe was younger it was smaller. When matter and energy are compacted the temperature inevitably rises. Thus when the universe was younger it was hotter. We can see six crucial events called "freezing's" where the fabric of the universe changed in a fundamental way. The most recent occurred when the universe was about 500,000 years old, about 14,999,500,000 years ago. After 500,000 years permanent atoms started to form. Before 500,000 years matter existed as loose electrons and nuclei in a

Anne of Green Gables Essay -- L.M. Montgomery Anne of Green Gables Ess

Anne of Green Gables Mind over Matter. As clichà © as this statement sounds, L.M. Montgomery’s Anne of Green Gables proves the idea to be true. Throughout the novel, Anne continually uses her imagination to help her persevere through difficult situations. This novel also highlights the importance and power one’s attitude has in shaping the outcome of a situation or event, and carries a powerful message that people control their own happiness. Numerous times, Anne, the protagonist, is faced with less than ideal circumstances, but she is determined to have an optimistic attitude and make the best of each situation. As a result of this positive determination, the outcome is always in Anne’s favor. Anne Shirley is an eleven year-old orphan who lived in the early 1900s, in very poor conditions in several foster homes and then an orphan asylum, yet maintained a bright outlook on life. While in the foster homes where she was treated as a servant, and then in the orphan asylum, Anne used her imagination to get her through daily life. She developed imaginary friends who she talked to about her hopes, fears, and dreams for the future. According to Anne, these friendships were, â€Å"the comfort and consolation of my life† (Montgomery 58). Anne’s imagination was her survival instinct enabling her to persevere through the trials of being orphaned early in life. Explaining her history, Anne stated, â€Å"It was a very lonely place, I am sure I never could have lived there if I hadn’t an imagination† (40). While reflecting on her own experience, Anne remarked that a child with less imagination than herself would not have survived her circumstances. After a traumatic experience early in her life in two, cheerless foster homes, and then an orphan... ...tude does affect the outcome of your circumstance, as her positive attitude always leads her to find the best in a situation: â€Å"When I left Queen’s my future seemed to stretch out before me like a straight road. I thought I could see along it for many a milestone. Now there is a bend in it. I don’t know what lies around the bend, but I am going to believe that the best does† (303). If you continue to read the Anne of Green Gables series, you will discover that Anne’s positive attitude prevails, and that life holds much joy for her. Life is not fair, and people will still experience difficult times regardless of their attitude, but Anne shows society that people are responsible for their own joy, and a positive attitude and a little imagination can help make the best of each situation. Works Cited Montgomery, L.M. Anne of Green Gables. Toronto: Seal Books, 1908

Does Cerumen have a risk for transmission of diseases? Essay

I learned in the A & P course that ear wax (or cerumen) is a waxy secretion by ceruminous gland (= modified sebaceous gland), mixed with sloughed epithelial cells, which inhibits the growth of certain bacteria due to its acidic pH. It also protects the skin of the external auditory canal by providing a waterproof layer, so, it’s something beneficial to us. Sure enough, there appear to be a number of articles written to support this – â€Å"Bactericidal activity of cerumen†, Chai & Chai (ref 1), â€Å"Bactericidal activity of wet cerumen†, Stone & Fulghun (ref 2), etc. (though this concept is refuted by a later study! (ref 3))On the other hand, I could find only very few articles that discuss the role that ear wax plays in disease transmission or as a portal of exist for pathogens. I started with an article by Kemp & Bankaitis (ref 4), in which it is stated that cerumen is not considered an infectious agent until it becomes contaminated with blood or mucus, and it can even be placed in the regular trash unless significant amount of blood or mucous is present. So, it appears the danger is not in cerumen itself but in blood/mucous contaminant. CDC lists Hepatitis B, Hepatitis C, HIV and Viral Hemorrhagic Fever(VHF) as infectious diseases by bloodborne pathogens (ref 5). On the topic of cerumen itself transmitting bloodborne viruses, I could find only two articles, both by the same group of researchers, Beyindir, Kalcioglu et al. First article is on the study of possible transmission of Hepatitis B (ref 6), in which the authors conclude that cerumen can be a potential source of transmission and further investigation for horizontal, nosocomial, and occupational transmission is necessary. The second article is on Hepatitis C, and it concludes that cerumen has no risk, even in patients with high HCV RNA serum levels. I could not find any articles to confirm/deny cerumen as a source of transmission for HIV or VHF. I think our text book lists ear wax as a portal of exit for pathogens, because of more than minimal potential risk of contamination by blood, during treatment of otitis, removal of impacted ear wax etc. performed by otolaryngologists/audiologists on a regular basis. Referrences ———–1: Antimicrobial Agents and Chemotherapy, 1980 Oct;18(4): 638-412: The Annals of otology, rhinology, and laryngology, 1984 Mar-Apr;93(2 Pt 1): 183-63: â€Å"Influence of human wet cerumen on the growth of common and pathogenic bacteria of the ear†, Campos, Betancor, et al., The Journal of laryngology and otology, 2000 Dec;114(12): 925-94: â€Å"Infection Control in Audiology†, http://web.clas.ufl.edu/users/sgriff/infectioncontrol.pdf5: http://www.cdc.gov/ncidod/hip/Blood/blood.htm6: â€Å"Does cerumen have a risk for transmission of hepatitis B?†, The Laryngoscope, 2004 Mar;114(3): 577-807: â€Å"Detection of HCV-RNA in cerumen of chronically HCV-infected patients†, The Laryngoscope, 2005 Mar;115(3): 508-11

Meat Tenderness essays

Meat Tenderness essays Numerous consumer surveys done in recent years indicate that meat tenderness is the most important consideration made by shoppers and consumers when mealtime decisions are made. Tenderness, juiciness, and flavor are the three main factors contributing to palatability, however, much more variation from cut to cut can be found in the tenderness category than in the other two. Causes for variation can range from age of carcass, genetics, muscle stress, and handling after kill to suspension of the carcass, rigor mortis, and enzyme soaking and radiation treatments. This paper will focus primarily on the tenderness factor in beef; however, pork will be addressed when applicable. Beef is essentially a muscle food. In order to fully understand the tenderness factor of beef, one must have working knowledge of the properties of muscle structure. One of the primary factors in tenderness levels is the amount of connective tissue in the cut of beef. Connective tissue surrounds the myofibrils, and another layer of connective tissue covers the muscle fiber. Still more layers cover the muscle bundles, and the entire muscle itself. Different parts of the beef animal have different amounts of connective tissue. Generally speaking, the more connective tissue present, the less tender beef is when cooked (Beef production/management d.). For example, the psoas major, the multifidis dorsi, and the gluteus medius are some muscles that contain the least amount of connective tissue, and are therefore some of the most tender. The cutaneous, the trapezius, and the super pectoral have large amounts of connective tissue, and therefore are some of the toughest cuts of bee f. These variations in toughness between and even within muscles place a higher importance on cutting practices. Meat should be cut to ensure uniform tenderness throughout the cut, so that proper cooking practices to increase tenderness can reap their maximum benefit (s...

Government Securities Market of Kazakhstan

Government Securities Market of Kazakhstan Free Online Research Papers 1. The importance of the research The global practice shows, that the security markets are the effective mechanism of mobilization of financial resources and savings of the population, optimum redistribution of means in a national economy. However, today, the economy of Kazakhstan is facing the problem of having more money in circulation than it is required. Moreover, most of this money is not earning, but rather kept in people’s hands. This paper is aimed at analyzing one of the tools to solve this problem – government securities. It will consider the past and the present situation of the market for government securities. Also, it will consider the ways to improve and enlarge the market for further development of national economy as a whole. One of the important tools of the security market is government security. All over the world governments and their establishments are the largest borrowers of the capital. With the help of the markets of government securities, the state borrows temporarily free money resources from commercial banks, financial companies and population. The received money resources are used for non-inflationary financing of government and local budget deficits. Besides, the given sector of the security markets is especially important for a national economy as the tool of monetary policy, as a key parameter of a status of a financial system of the state, and also as a guide for the foreign investors. 2. Government Securities The types of government securities circulating since 2000 1. MEAKAM – government special bonds of Ministry of Finance of the Republic of Kazakhstan with 10 years of maturity 2. MEIKAM government treasury bonds of Ministry of Finance of the Republic of Kazakhstan indexed to inflation 3. MEKABM government currency treasury bonds of Ministry of Finance of the Republic of Kazakhstan indexed to inflation 4. MEKAM government treasury bonds of Ministry of Finance of the Republic of Kazakhstan with all types of maturity 5. MEKKAM government short-term treasury bonds of Ministry of Finance of the Republic of Kazakhstan with up to 1-year maturity included 6. MEOKAM government middle-term treasury bonds of Ministry of Finance of the Republic of Kazakhstan with from 1-year to 10-year maturities. 3. Development of GS in primary and secondary markets In 1994 creation of a home security market begun in Kazakhstan, which would be capable to carry out the above-stated functions considerably to reduce volumes of direct crediting by National Bank of the Ministry of Finance. The market of government securities was formed gradually. ? First, the volumes addressed on the security market were increased. It concerns both the primary, and the secondary government securities market. Figure # 1 On results of 2000, the volume of the issued government securities has made already 200099 million tenge, and volume of the trades in the secondary market 524360 million tenge. Whereas in 1994 the given parameters did not exceed 233, 7 million and 1, 7 million tenge, accordingly. ? Second, a variety of tools of borrowing grew. If right at the beginning of formation of government securities markets, state offered the three-monthly exchequer obligations and notes of National Bank only in tenge, by the end of 2000 the spectrum of financial tools considerably has extended. It is important to note occurrence in Kazakhstan in 1999 of a new category of government securities bonds of local executive bodies. The data is kindly provided by the State Statistics Agency ? Third, in process of development of the market of the state liabilities its infrastructure developed also: technical and legal. 4. The technical infrastructure. The basic components of the technical infrastructure, generated in Kazakhstan, of the security markets are a National commission of Republic of Kazakhstan on securities, Ministry of the finance acting by the emitter of government securities on behalf of government; national bank which is carrying out functions of the financial agent on service of release; CJSC Central deposits of securities, carrying out account of movement of the property rights on securities; the Kazakhstan stock exchange acting by the organizer of secondary tenders on republican securities and primary accommodation on the bonds of local bodies of authority, and also primary dealers. 5. The legal base The legal base of functioning of the security markets is submitted by a package of the documents regulating to all spectrum of the legal relations of the participants, order of accommodation of government securities, repayment, secondary tenders and realization of accounts. Among the basic normative acts it is possible to name the: Civil code of Republic of Kazakhstan, Law of Republic of Kazakhstan On the security markets , Law of Republic of Kazakhstan On state and guaranteed state borrowings and duty, Rules on the order of release, manipulation and repayment of various kinds of government securities, and also Rules of realization of operations REPO and opposite REPO and government securities of the Republic of Kazakhstan 6. Development of external borrowing of the Ministry of Finance Already it is possible to tell, that the home market of state securities is generated and corresponds to a modern level of development of national economy. Besides for today it is the most advanced and large part of all financial markets of Kazakhstan. Analyzing the market of the state liabilities, it is necessary to mention a question on development of external borrowings of the Ministry of the Finance, which is carried out with the help of emission of euro securities. The preferability of the euro-bonded loans is explained to that only in euro markets it is possible to attract long-term and rather cheap financial resources. The release of external borrowings on a market basis directly and indirectly reduces cost of the debt. Direct effect attraction of additional sources of financing of deficiency of the budget. Indirect effect decrease of profitability of all tools of the state debt and strengthening of a position of the Ministry of Finance at accommodation of new releases in a home market. At the same time, except for the economy of the internal savings, successful accommodation of the external loans gives a positive signal for direct and indirect portfolio of the investments. The question on development of the given direction of state borrowings has risen in 1996, as by then home market of government securities yet did not give an opportunity to attract means for longer terms. In total for years of independence Kazakhstan made four releases of sovereign euro-bonds, which have allowed to occupy the niche in the international capital market. Date of issue 20.12.1996 02.10.1997 18.10.1998 11.05.2000 Maturity date 20.12.1999 02.10.2002 18.10.2004 11.05.2007 Coupon rate 9.25 8.375 13.625 11.125 Number of pmt p.a. 2 2 2 2 Currency $ $ $ $ Initial spread 350 245 825 500 Total value $200 mln. $350 mln. $275 mln. $350 mln. Exchange listing Amsterdam Luxemburg Amsterdam Luxemburg Luxemburg Amsterdam Luxemburg Managers ABN AMRO Bank J.P. Morgan Deutsche Bank Deutsche Bank ABN AMRO J.P. Morgan The data is kindly provided by the State Statistics Agency In whole all four issues were appreciated by the experts as successful, despite of the negative corrective amendments, which have been brought in a situation by global financial crisis. Certainly creation for rather short time of the satisfactorily functioning market of government securities is plus for a national economy. Nevertheless given market has the contradiction, which should be eliminated by its further improvement. Firstly, this market concentrates the most part of all free market resources, distracting them thus from investment funds in real sector of economy. On this control will be kept to ensure that the issue of government securities remained in borders not undermining investment prospects. Secondly, the constant escalating of release of government bonds results in increase of the charges of the state on service of the debt, and as it breaks a parity of flows of financial resources between the state and enterprises. The contradiction of functioning of the market of government securities can be overcome by the further perfection of its segments of the financial market. 7. The basic direction of the further development of GS market. The basic directions of the further development of a home market of government securities in our point of view become: Decrease of profitability of government securities; Re-structuring of the internal debt for the benefit of more long-term borrowings; Expansion of a number of the holders of government securities; Development of sector of government securities of local bodies of management (municipal securities) The basic condition of development of the financial market is the decrease in profitability of government securities. And as high profitability conducts not only to increase of cost of service of the state debt but also raises a general price level on extra resources. Now many commercial banks consider the market of government securities as most reliable and sufficiently profitable object of an investment of free financial resources. For this reason in the arsenal they in most cases have 2 basic sources of the incomes contributions to tools of the market of government securities and commission for granting of services. All this considerably complicates a situation with investment in real sector of economy. It is necessary to note, that during development nevertheless it was possible considerably to lower the profitability of government securities, at the expense of activization in the market of pension funds, the given tendency will be possible to be kept. However, to reach an optimum level of profitability appropriate to real opportunities of economic system, for today yet it was not possible. One of the measures on reduction of cost of service of the state debt is its re-structuring for the benefit of more long-term borrowings. The Ministry of Finance takes steps on prolongation of terms of the loans. Nevertheless now as before in structure of the market of government securities short-term tools borrow the most part. Besides cost of service of the state debt needs to be reduced, having increased number of the investors wishing to participate in crediting the state. For today it is important to attract to the market the population and not the residents. As to the population that today, it practically does not participate in the market of government bonds. In Kazakhstan as before, the basic share of government primary dealers at their own expense purchase securities. Earlier, till April, 1999, Ministry of Finance of the Republic of Kazakhstan the national savings bonds were issued and were intended for accommodation, including the physical persons, but in connection with transition to a mode of the freely floating exchange rate of tenge, now data valuable securities have appeared practically dead. Therefore, for attraction of the savings of the population it is necessary to use new liquid tools, which can be returned to the emitter at any time or on the expiration of the certain term of maturity. T hus, the important role is played by the price of the state bonds, which should be minimal. That is, accessible to the majority of the citizens. Besides attraction of the savings of the population considerably to increase opportunities of the investment mechanism, the participation of non-residents in the market of securities should be allowed. The first step in a direction of the decision of the given task already is made the decision on the admission of non-residents in a home market of government securities is accepted. Prospect of participation of the foreign investors in the market of government securities directly depends on skills to overcome the crisis of trust on the part of western investors who are still very badly familiar with conditions and features of domestic market, so that they would be involved in the large scales in the operations with tools, new to them. 9. Summary It is necessary to mention a question on prospects of borrowing in an international capital market. The prospects Kazakhstan euro bonded releases will be dependent on the state approach to regulation of the external loans and on the tendencies of development of the global markets after recent crisis. Relative profitability euro bonds in relation to internal government securities will be dependent on comparative dynamics of their profitability and on rates of a gain of foreign currencies. As a whole, the formation of the advanced and steady market of the state liabilities in the long term will be dependent on a general economic situation in the country. It is necessary to the state to create all conditions for development of stimulus to the savings to be accumulated and transform them into the investment. Reference: 1. Kazakhstan Stock Exchange, Annual Report 2001 2. Security Markets, Magazine, December 2001 3. State Statistics Agency, Report on movement of securities for 2001 4. Zh. N. Aytjanova, G. M. Adilova: â€Å"The Role of securities in Stock companies†, Study manual, 1997 5. Kazkhstan Sector Research, Kazakhstan Financial Markets, Government securities, May 1998. 6. Aljanova A. â€Å"Municipal bonds as alternative source of financing in capital markets†, 1998 7. Nurdin D. â€Å"Euro – obligations in Kazakhstan: Theory and Practice†, 1997 8. Berzon N.I., Bulkova E. A., Kojevnikov N. A., Chalenko A. V.: â€Å"Stock Exchange†, 1998 1. Introduction 2. The types of government securities 3. Development of GS in primary and secondary markets 4. The technical infrastructure 5. The legal base 6. Development of external borrowing of the Ministry of Finance 7. The basic direction of the further development of GS market 8. Summary Research Papers on Government Securities Market of KazakhstanDefinition of Export QuotasTwilight of the UAWPETSTEL analysis of IndiaNever Been Kicked Out of a Place This NiceAnalysis of Ebay Expanding into AsiaInfluences of Socio-Economic Status of Married MalesIncorporating Risk and Uncertainty Factor in CapitalQuebec and CanadaMarketing of Lifeboy Soap A Unilever ProductThe Effects of Illegal Immigration

An Elephant of a Different Color

An Elephant of a Different Color An Elephant of a Different Color An Elephant of a Different Color By Maeve Maddox The word elephant is one of my favorites. I love the magnificent creature to which it refers, and it’s fun to say. English has several metaphorical expressions that refer to elephants. pink elephants: hallucinations supposedly experienced by those who have drunk to excess white elephant: a possession of little use that is costly to maintain; property that is difficult to sell The expression is usually explained by citing a king of Siam who used to make a present of a white elephant to courtiers whom he wished to ruin. White elephants were considered sacred, so they couldn’t be put to work, and they were costly to care for. The term is used in the real estate industry to refer to overpriced properties belonging to celebrities: â€Å"what in the industry are called ‘white elephants’–properties that are rare, large, expensive and hard to move.† white elephant sale: a rummage sale A rummage sale provides the opportunity to get rid of useless objects by selling them to others who must then take care of them. rogue elephant: a vicious dangerous elephant that lives apart from the herd. The term rogue elephant is not metaphorical, but one use of the word rogue derives from it. In the essay â€Å"Shooting an Elephant,† Orwell explains the difference between a rogue elephant and a tame bull elephant experiencing must. (Musth or must is a periodic condition in bull elephants characterized by highly aggressive behavior.) The tame elephant will be violent for a time, but then return to a docile state. During the 2008 U.S. presidential campaign, a campaign aide described Sarah Palin as â€Å"going rogue†; Palin later used the expression as a book title. to see the elephant: to go on an adventure; to gain experience of life Young men leaving home to seek wealth in the California gold fields said they were â€Å"going to see the elephant.† When their dreams didn’t pan out, and they returned home empty-handed, they said they’d â€Å"seen the elephant.† The expression probably originated from much earlier times when elephants were an extremely rare sight, and people who wanted to see one had to undertake an arduous, adventurous journey. the elephant in the room: a serious topic that everyone is aware of, but which no one wishes to talk about openly According to the Ngram Viewer, â€Å"elephant in the room† was in use as early as 1859, but its climb to its present popularity began in the 1980s. So ubiquitous has it become, speakers are running variations on it, talking about the â€Å"big elephant in the room,† the â€Å"ginormous elephant in the room,† the â€Å"pink elephant in the room,† the â€Å"white elephant in the room,† and even the â€Å"blue elephant in the room.† Sometimes the variations are meant to be clever, like calling a pink mansion difficult to sell, a â€Å"pink elephant,† or calling the problem of pornography and cursing a â€Å"blue elephant,† because cursing is said to turn the air blue. Sometimes the variations seem the result of mere confusion. For example, the adjective pink is added so often as to suggest that the association of â€Å"pink elephants† with delirium tremens has been forgotten. For example, Actually, if your organization is currently going through a change,  employees and customers are probably talking about it as you read this. So it would be best if you addressed that â€Å"pink elephant†Ã‚  in the room and nip that â€Å"water cooler† talk in the bud as soon as possible! While it might be the pink elephant in the room, it is important to point out the increased likelihood, or at least temptation, of corruption when the teacher is administering both the pretest and post-test. (This is from an article that suggests that teachers may be cheating when administering standardized tests.) The meaning of the elephant in the room seems to be slipping away. At a writing conference, I heard an author refer to Amazon.com as â€Å"the elephant in the room,† not in the sense of something not to be talked about, but as â€Å"the largest presence† in publishing. The once vivid expression â€Å"the elephant in the room† has become so clichà ©d that writers who can’t come up with a new metaphor to express the idea would do better to say, â€Å"the problem no one wants to acknowledge.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Expressions category, check our popular posts, or choose a related post below:100 Beautiful and Ugly Words"Latter," not "Ladder"Shore It Up

Delectables Corp Essay Example | Topics and Well Written Essays - 1500 words

Delectables Corp - Essay Example Current financial data indicate that Delectables is losing its US market share to its major competitor Prince’s Fare. In this situation, even a mild flaw would severely affect Delectables’ business interests in the US market. The company has a recent history of food safety problems despite the fact that none of them were confirmed. Unsurprisingly, food poising issues (Salmonella poisoning) would damage the market reputation of a food company and hence the Delectables may lose its further business to Prince’s Fare. Although the firm’s newly hired Quality Control Director has suggested comprehensive measures to the upper management to ensure the food safety, his supervisors refused to accept the suggestions arguing that they were too expensive. In addition, workers are indifferent to the new quality control system and are not willing to abide by the instructions given by the QC Director. In order to satisfy their personal financial interests, factory employe es including foremen clear even contaminated products for the market. This practice increases the chances of food safety issues, which in turn would impact the market stature of the organization. In addition, the Georgia plant has poor infrastructural facilities and hence its food products are exposed to contaminants including Salmonella. Once the Delectables’ goodwill is affected by food poisoning issues, the demand for its products would decline in the market and ultimately this situation would hurt the interests of company stakeholders, particularly shareholders. Therefore, I would not sign the quality control form. However, whistle blowing can have some risks too. This practice is likely to contribute to the financial burden of the company which is already challenged by financial shortages. Sometimes, whistle blowing may end up in even winding up of the Delectables’ Georgia plant. As a result, thousands of employees may be laid off. However, it is vital to prioriti ze the interests of the firm’s stockholders. Referring to the stockholder theory which â€Å"supports the notion of the manager of a business being the agent for the stockholders of the company† (as qtd in Dunham-Taylor and Inczuk, 257), it is inevitable to blow the whistle and thereby to add to shareholder values. The risks of blowing whistle would be outweighed by its benefits. Evidently, lack of effective control mechanisms is the root cause of the food safety and quality control problem at Delectables. From the case scenario it is clear that QC Director has designed comprehensive procedures to separate between pure, contaminated, and mildly contaminated food products. However, factory workers are unwilling to follow these procedures and they clear all the batches of products for the market. It is observed that QC Director has little influence on factory workers and therefore he fails to ensure that quality control measures are executed effectively. It is the duty o f the QC Director to make sure that the organization completely complies with the stated quality control guidelines. In addition, the upper management does not pay particular attention to the factory’s product quality; rather it focuses only on financial returns. Currently, the firm’s foremen – who are responsible for clearing the food products for the market – are evaluated and remunerated on the basis of number of finished product boxes per day. Therefore, foremen try to increase the number of product boxes finished a day but not to improve the product quality. In order to address this issue, it is advisable for the management to pay foremen on an hourly or monthly basis. Similarly, the management should promote employee participation using the tools of financial incentives or other strategies in order to change their attitude

Environmental Science Essay Example | Topics and Well Written Essays - 500 words - 2

Environmental Science - Essay Example Denver has taken many initiatives in the past in an effort to become self-sufficient in terms of energy needs. For example, Greenprint Denver promoted the development of a joint group of businesses, and city departments. This group was called the Neighborhood Energy Action Partnership (NEAP). The objective of NEAP is to make use of the local non-profits so that community outreach can be organized. Providing the residents with energy audits is a potential way to increase their awareness and motivation to save energy. Denver should install subsidized smart meters to lower their cost for the residents and hence, enhance their adoption. The best way for Denver to reduce its carbon footprint as well as the demand for fuel is by introducing the public bike-sharing system, regulation of traffic jams and reduction of carbon emissions being two of the major requirements of sustainable development. The bike system saves on gasoline through its link with buses and trains so that a whole web of substitute transportation is spinned in Denver. This builds resilience into the transport system so that the reliance on one type of transportation is reduced. Presently, over 400 bikes have been located at 50 bike stations in the public areas to ensure maximal usability. Success of the Denver Bike Sharing program can be estimated from the fact that more than 96000 single rides have been recorded along with a procurement of over 1765 yearly memberships (Peterson, Matthews and Weingard 17). A significant population of the residents of Denver acquires the bikes on per-day basis and pays the fee accordingly. In order to increase the popularity of energy-conservation programs among the residents, there needs to be a concerted effort made by Denver. This can be achieved by creating awareness in the masses through demonstration of the usability of such programs on TV, schools and all

Corporate risk management Essay Example | Topics and Well Written Essays - 1750 words

Corporate risk management - Essay Example It also aims at keeping exposure to an acceptable level in a cost-effective way. As the nature of risk is highly varying in nature depending upon the context and corporate environment, the case study of any important disaster and the risk management strategies followed before the happening of such incident may be of high relevance. This will certainly through a light on best alternate risk management measures which would have minimized the exposure to the risk. Keeping these points in view, Chernobyl disaster which devastated several millions of human lives has been selected for the case study. Attempt has been made to find out the causes and consequences of disaster, risk management measures taken and lessons learnt from this incident. One of the major objectives of the study is to remember the tragedy of Chernobyl and to make risk management plan in order to improve security of all nuclear power plants all over the world and this horror and pain are not to be repeated. The biggest disaster experienced in nuclear power plant situated in Chernobyl on 25th April, 1986 is named as Chernobyl disaster. It happened due to ill made technology and resulted in killing of several thousands of people. The Chernobyl power station is located near the Belarus-Ukraine border and four kilometres away from the town of Pripyat, which was built especially for the power station employees. At the time of the accident, 45 000 people were housed there. The accident took place in reactor no. 4 at the Chernobyl nuclear power during a test. The operating staff wanted to test whether the turbines could produce sufficient energy to keep the coolant pumps running in the event of a loss of power until the emergency diesel generator was activated. The safety systems were intentionally switched off to prevent the test run of the reactor being interrupted. For conducting the test, the reactor had to be powered down to

Why people marry, and what follows marriages or more interesting WHY Research Paper

Why people marry, and what follows marriages or more interesting WHY PEOPLE CHEAT - Research Paper Example This however, has seemed to diminish in recent years. The high rates of divorce and empty shell marriages leave a person wondering just how important this institution is nowadays. Cohabitation, single parent families, separated spouses or even divorced couples are now common to find. This report aims to focus on both the causes and effects and the situations and circumstances that lead to the spouses cheating in marriage. However, there are various causes as to why this trend is increasing and how these affect us. The way these broken families affect the individuals, the family, and the community as a whole is farfetched and the effects are not just for the time being. The stress in our lives today is a major cause for everyone going into their own shell and becoming isolated to a certain level, which results in marriages breaking down and people subjecting to cheating on their spouse. The number of people found with having extra marital affairs has increased in the last decade. The reasons for this may be numerous (Chappel, pp. 170). Often either of the spouses either is unhappy with the marriage or feels suffocated and frustrated. In the fast-paced world today, people have become more self-absorbed and the time to bond and spend a healthy time together has greatly diminished. When one of the spouses is feeling lonely, suffocated, or feels that the relationship is not giving a positive outcome, it results as one of the spouses feeling the need to cheat or seek that attention from an outer source (Chappel, pp. 170). There are times when the person vents out to a friend either of the opposite sex or a colleague or someone who has gone through a similar incident and the bond develops and sometimes leads to an extra marital affair. In some instances, after the couple has a child, the woman’s time is absorbed in the care taking of the baby, which causes the couple to start spending lesser and lesser time together. The man may result in feeling that he is not getting any attention and feels neglected. In such cases, he may start seeking that love and attention from an outer source. Sometimes, the reason may just be to gain the attention of the spouse, or it may actually be that the spouse gets involved in someone else, which gradually leads to problems, fights and may end up in separation or divorce (Meyer, 2001). Another reason why people may cheat in marriages is the â€Å"lack of intimacy† (Meyer, 2001). If one of the spouses does not show interest in sex or withholds it, the other might get frustrated and seek for the fulfillment of that pleasure elsewhere. It is therefore essential that both of them take care of each other’s needs and fulfill them in order to provide that level of satisfaction that they would be compelled to find elsewhere as a result if they do not get it within the marriage. In some cases, one of the spouses may stop giving attention to their physical appearance and that attractive instinct (Swartz, pp. 145). The person dealing with the stresses of life or business or any other aspect might become involved in tension, exhaustion or depression and stops giving the attention to the looks or the qualities that attract the spouse. When this need lacks at home, it results in the person starting to find other people attractive and start taking interest towards them because that quality begins to lack in their own partner. This also leads to cheating and the marriage becoming a problematic arena. Sometimes, this problem might arise due to natural problems and might not be the intentional or deliberate act of one person. The pressures and strains of the marriage relationship sometimes cause fights and

Outline Coursework Example | Topics and Well Written Essays - 250 words

Outline - Coursework Example Industrialization, which picked up drastically in the 19th century, is the key factor that has increased the impacts of global warming (Maslin, 2007). Some scientists have argued that global warming stopped the moment increase of anthropogenic carbon dioxide into the atmosphere seized being the cause of the warming. These scientists argue that the activities thereafter are a mere continuation of the natural cycles in the previous years (Maslin, 2007). The scientific point of view towards global warming causes has become questionable for the past couple of years. This is mainly because of the contradicting effects that have occurred. For instance, the fact that global warming occurs due to emission of excess carbon dioxide is questionable, since global warming effects have occurred in countries with low industrialization activities (Maslin, 2007). Most of the G8 countries have come out strongly in campaigns to eradicate effects of global warming through the enactment of legislation that control emission of gases into the air. Governments have even put aside resources in national budgets specifically to control global warming and its effects (Maslin, 2007). Scientists are still looking for solutions to controlling global warming, since, despite implementing some of the suggestions, the world has still experienced massive impacts of global warming (Maslin, 2007). In the present world, the percentage of global warming from man-made emissions exceeds that form solar activity. This calls for the need for governments to control emissions by all means available to them (Maslin, 2007). Global warming is a world crisis that needs the willingness of all individuals to control it. Unless all countries come together in the war against the effects of global warming, the world should be ready to suffer from many other attacks form the environmental

Why people marry, and what follows marriages or more interesting WHY Research Paper

Why people marry, and what follows marriages or more interesting WHY PEOPLE CHEAT - Research Paper Example This however, has seemed to diminish in recent years. The high rates of divorce and empty shell marriages leave a person wondering just how important this institution is nowadays. Cohabitation, single parent families, separated spouses or even divorced couples are now common to find. This report aims to focus on both the causes and effects and the situations and circumstances that lead to the spouses cheating in marriage. However, there are various causes as to why this trend is increasing and how these affect us. The way these broken families affect the individuals, the family, and the community as a whole is farfetched and the effects are not just for the time being. The stress in our lives today is a major cause for everyone going into their own shell and becoming isolated to a certain level, which results in marriages breaking down and people subjecting to cheating on their spouse. The number of people found with having extra marital affairs has increased in the last decade. The reasons for this may be numerous (Chappel, pp. 170). Often either of the spouses either is unhappy with the marriage or feels suffocated and frustrated. In the fast-paced world today, people have become more self-absorbed and the time to bond and spend a healthy time together has greatly diminished. When one of the spouses is feeling lonely, suffocated, or feels that the relationship is not giving a positive outcome, it results as one of the spouses feeling the need to cheat or seek that attention from an outer source (Chappel, pp. 170). There are times when the person vents out to a friend either of the opposite sex or a colleague or someone who has gone through a similar incident and the bond develops and sometimes leads to an extra marital affair. In some instances, after the couple has a child, the woman’s time is absorbed in the care taking of the baby, which causes the couple to start spending lesser and lesser time together. The man may result in feeling that he is not getting any attention and feels neglected. In such cases, he may start seeking that love and attention from an outer source. Sometimes, the reason may just be to gain the attention of the spouse, or it may actually be that the spouse gets involved in someone else, which gradually leads to problems, fights and may end up in separation or divorce (Meyer, 2001). Another reason why people may cheat in marriages is the â€Å"lack of intimacy† (Meyer, 2001). If one of the spouses does not show interest in sex or withholds it, the other might get frustrated and seek for the fulfillment of that pleasure elsewhere. It is therefore essential that both of them take care of each other’s needs and fulfill them in order to provide that level of satisfaction that they would be compelled to find elsewhere as a result if they do not get it within the marriage. In some cases, one of the spouses may stop giving attention to their physical appearance and that attractive instinct (Swartz, pp. 145). The person dealing with the stresses of life or business or any other aspect might become involved in tension, exhaustion or depression and stops giving the attention to the looks or the qualities that attract the spouse. When this need lacks at home, it results in the person starting to find other people attractive and start taking interest towards them because that quality begins to lack in their own partner. This also leads to cheating and the marriage becoming a problematic arena. Sometimes, this problem might arise due to natural problems and might not be the intentional or deliberate act of one person. The pressures and strains of the marriage relationship sometimes cause fights and

The Monetary Union and UKs Defiance Essay Example | Topics and Well Written Essays - 1500 words

The Monetary Union and UKs Defiance - Essay Example The free movement of goods, services, capital and labour which resulted from the Single Market Programme meant that the member state would be constrained from imposing increases in taxes and regulation which would surely reduce benefits due to increase domestic production costs. To facilitate further trade, the European Union embarked on a venture of establishing a single currency for its members. The result of the EU monetary union was the euro. This currency is currently used by Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, and Spain. Monaco, San Marino while the Vatican City are licensed to issue and use the euro (UK DTI). It would be the interest of this paper to explore whether this move by UK affected its foreign direct investments economy due to its refraining from a supposedly beneficial single currency. It will also delve, to a limited degree, in the effects of EU enlargement in the UK's FDI. Business Aversion: The Case for Toyota and Nissan In the year 2000, the United Kingdom was threatened with pullouts from major industry players. Industrialists, one after the other, have warned that unless the UK joins Euroland, they will be forced to move their operations out of the country. One of the most prominent of this pro-Euro group is the Nissan Motor Company (UK) which manufactures automobiles from its plant in Sunderland. In April 2000, John Cushnaghan, managing director of Nissan (UK) announced that the high value of the pound was imposing an "unsupportable burden" brought about by exchange rates fluctuations. By May of the same year, the company claimed the strength of the Sterling against the Euro necessitated the need to cut costs by 30 percent. This loss, according to them, could force the company to transfer the production of the next generation of the Micra to be built in French and Spanish Factories transferring a 150 million investment (North, 2005). Another case would be that of the Toyota Motor Manufacturing (UK) LTD which required its British suppliers to use euro for its financial transactions with the company. The move was brought about by the 1999 operating loss in British operations (BBC, 2000). The requirement, Toyota claims, would reduce the risk to the company that it could lose money when converting euros to sterling in order to pay British suppliers (CNN, 2000). Toyota (UK) has a passenger car plant in Derbyshire producing Avensis and Corolla with an initial investment of 1.1billion. It also has an Engine Plant in North Wales with an initial investment of 400m. (Toyota Online, 2006) Toyota has also expressed its propensity to shop around in euro-friendly countries for cheaper goods if the pound remained high. Yoshio Ishizaka, a senior managing director for Toyota, said his

Classroom Management Essay Example for Free

Classroom Management Essay Classroom rules and procedures shape the learning experience, allowing students to understand what is expected of them and foster a positive learning environment within the classroom. Rules are necessary within the classroom and society in general. The classroom is often times one of the first experiences that students have to teach them about life and expectations as members of society. For this topic, two in classroom activities and the behavioral expectations for these will be examined: the use of learning centers and cooperative learning groups. We will also consider two out of classroom activities and the behavioral expectations associated with these: field trips and assemblies. Finally, we will discuss evaluation methods that can be put in place to determine the level of understanding of behavioral expectations for these situations. For the first in-class activity, learning centers, we will first take into consideration the size of the group. Learning centers are most commonly small group activities consisting of three to four students. Learning centers should be areas in which students can complete simple tasks that support and reinforce material that is being taught in the classroom. Say, for example a class is learning about plant life. The teacher lectures on the topic and has a whole class activity that is to be completed by the end of the week. Learning centers can reinforce this topic across a wide variety of subjects. There could be a writing center in which students are given a topic such as the stages of plant growth. A math center which might include counting seeds or other plant related material and a science center that could outline the stages of plant growth would reinforce material covered in large group instruction. There could be a computer learning center where there might be a matching game, where students match stages of a plant’s life cycle with vocabulary words. Throughout all of these activities, rules of behavior would be of utmost importance. Small group activities such as these learning centers usually have minimal teacher supervision. Here is a situation in which behavioral expectations are crucial. Rules such as stay in your assigned area, complete the assigned task and assist peers in your station would be critical for students to understand. Cooperative learning groups are the second topic that will be covered. This is similar to learning centers in that students would need to assist their peers within the group, stay in their assigned groups and complete the task assigned. However, another important rule might be to complete your individual task assigned. In cooperative learning groups, many times a large topic or task is broken down into individual jobs and these are assigned to each student who researches a particular topic and comes back to the group to inform them of their findings. The first out of class activity we will look at is field trips. Field trips are an exciting part of the learning experience, often times bringing to life what has been taught in the classroom. This is an experience that mandates students understanding specific rules of behavior. First and foremost, is the rule to stay with your group. Students need to understand the importance of staying close to your teacher/other authorized school adult so that they return safely. Another rule would be to behave appropriately as the environment calls. For example, a student would behave very differently visiting a library vs. visiting an arcade. Discussion on the location that the field trip takes place would be crucial. How one should dress, what noise level is appropriate and other topics would need to be explained to students. The next out of class activity is assemblies. An assembly is an activity that requires multiple classrooms and hence, differing age levels of a school to come together. This can be a situation that is ripe for negative behavior. There are many purposes for assemblies including special appearances of community members or other recognized individuals, or award ceremonies or special recognitions. Since most assemblies include the whole school, they tend to include large numbers of people and are often quite noisy. Rules that students would need to know include keeping a moderate noise level, walking in an orderly and appropriate fashion and keeping an eye on the teacher to know when to enter and exit an area. During the assembly ceremony, rules that need to be outlined include being attentive to the speaker and participating, if appropriate. The question arises of how we can accurately gauge a student’s understanding of behavioral expectations. The old adage of practice makes perfect would be appropriate here. For situations such as assemblies or field trips, a teacher could utilize practice sessions, coaching students on appropriate behavior in those situations, even having a mock assembly or similar activity to gauge how well students understand their responsibilities in that environment. The teacher could provide tips and tricks for the students to attend to such as always keep your eye on the speaker, which shows respect for the person giving the presentation. A more tangible method might be a multiple choice test given to the class. Depending on the age level of students, scenarios could be written asking students to circle the appropriate behaviors and cross out inappropriate behaviors. Rules and procedures are a vitally important lesson taught in classrooms. They are usually the building blocks of kids becoming productive members of society.

Should capital punishment be reintroduced in the UK

Should capital punishment be reintroduced in the UK Capital punishment is a practise of which criminals, when, convicted of a serious crime known as a capital crime are executed. The term capital originates from the Latin word capitalis, meaning the head and a capital crime was originally punishable by the severing of the head. Although not always used, 58 countries still uphold capital punishment as a sentence according to Amnesty Internationals figures in December 2009, and, since 1985, over 50 countries have abolished capital punishment. The six main execution methods still used since 2000, are; electrocution, lethal injection, beheading, shooting, hanging and stoning. In the U.K hanging was the preferred way of executing a person. This was found to be of simple and quick preparation and an extremely quick process of dying for the prisoner. Capital punishment in the U.K was abolished in 1969. Nowadays capital punishment is considered a barbaric and inhumane sentence. The question of whether capital punishment should be reintroduced has been widely debated, argued and many reasons given for support and against its practise. This essay will provide the history of capital punishment in the U.K, and evaluate the arguments for and against reintroducing capital punishment to the U.K. The following steps were taken to acquire the information needed to complete this assignment: Questionnaires were distributed on the 19th October 2010 and collected on the 25th October 2010. Internet sources were accessed on the 17th, 21st, 22nd, 23rd, 24th and 25th of October 2010. Capital punishments abolition in the U.K William the Conqueror first abolished capital punishment in the U.K in the 11th Century but this was reinstated by his son. Several proposals were put forward to parliament from the late 1700s but all were opposed. In the 1800s hangings were seen as great days out and people of all classes would enjoy watching a criminal strung up by the neck and would be very disappointed to see him/her die too quickly. From the 1800s to the 1900s many capital crimes were reduced from the death penalty to imprisonment (see below table) and murder was the only capital crime still punishable by death. By the end of the Second World War, attitudes had changed towards accepting the abolition of capital punishment as people were concerned by the holocaust of Nazi Germany. The last executions to happen in the U.K were that of two men who were hanged in Walton Gaol in Liverpool. Capital Punishment Abolished Notable Date Notable Event 1908 People under 16 are no longer liable for hanging. 1922 Infanticide (Mother killing her child) is no longer a capital offence. 1931 Pregnant Women are no longer hanged. 1933 People under 18 are not executed. Sentenced to Her/his Majestys Pleasure. 1948 House of Commons suspends capital punishment. Overruled by House of Lords. 9 March 1950 Timothy John Evans hanged at Pentonville Prison. 28 January 1953 Derek Bentley hanged at Wandsworth Prison for the murder of P.C. Miles. 13 July 1955 Last Women hanged in U.K (Ruth Ellis at Holloway Prison). 1956 The passing of Death Penalty (Abolition) Bill is overturned by Lords. 1957 Homicide Act 1957 restricts use of capital punishment. 23 July 1957 First execution under the 1957 act: John Vickers. 5 November 1959 Last execution for murder of police officer: Gunther Podola. 13 August 1964 Last executions: Peter Anthony Allen Gwynne Owen Evans. 1965 Capital punishment in murder cases is suspended for 5 years. 1966 Timothy John Evans receives a posthumous pardon. 1969 Capital punishment for murder is abolished. February 1998 Mahmood Mattan receives a posthumous pardon. July 1998 Derek Bentley receives a posthumous pardon. Capital list. Available from http://stephen.stratford.co.uk/capital -list.htm (accessed 24th October 2010). Mps decided on May 20th 1998, to adopt human rights provisions, outlawing capital punishment for murder except for times of war or imminent threat of war. Capital punishment ended effectively with the criminal justice bill on the 31st July 1998 and on the 27th January 1999, the 6th protocol was signed by the home secretary formally abolishing capital punishment in the U.K. Arguments for capital punishment Cost: It can be argued that the cost of keeping a criminal incarcerated is cheaper than giving them the death penalty but this is not the case. Studies have shown that the complicated legal process of pre trial and trials are tremendously expensive. The additional cost of confining an inmate to death row, as compared to the maximum security prisons where those sentenced to life without possibility of parole ordinarily serve their sentences, is $90,000 per year per inmate. With Californias current death row population of 670, that accounts for $63.3 million annually. (Commission on the Fair Administration of Justice, June 30, 2008). Available from http://www.deathpenaltyinfo.org/costs-death-penalty. (Accessed 25th October 2010). Retribution: Murderers get what they deserve, punishment should fit the crime and an eye for an eye. This seems an debateable argument worldwide for many criminals to be given the death penalty as the punishment does not always fit the crime for example people who assault, are not assaulted and rapists who raped, are not raped. The Justice Centre of the University of Alaska at Anchorage, in its website section titled The Death Penalty: Specific Issues Retribution Justice for Murder Victims, offered the following: Death penalty advocates justify capital punishment under the principle of lex talionis, or an eye for an eye the belief that punishment should fit the crime. In particular, people who favor capital punishment argue that murderers should be executed in retribution for their crimes and that such retribution serves justice for murder victims and their survivors. Death penalty opponents emphasize the sacredness of life, arguing that killing is always wrong whether by individual or by the state, and that justice is best served through reconciliation. Justice center of the University of Alaska at Anchorage. Available from: http://www.deathpeanlty.procon.org/view.answers.php?questionID=0010004. (Accessed on the 25th October 2010). However there is a serious risk of executing the innocent and the adage People getting their just desserts pose a serious drawback for the retribution argument. Deterrence: Does the death penalty act as a deterrent and that by executing convicted criminals will deter would be murderers from killing people. Many people believe that this is correct and in 2000 George W Bush stated: I think the reason to support the death penalty is because it saves other peoples lives, and further that Its the only reason to be for it. The Berkeley electronic press available at: http://www.deathpenaltyinfo.org/donohue Deter.pdf. (Accessed on the 25th October 2010). Studies have failed to provide any evidence that deterrence works and research has found that if a crime is not pre-meditated it is unlikely that the criminal who most probably at the time of his/hers capital crime was not thinking logically and heedless to any consequences that would occur later. Persons who commit pre meditated murder often concentrate on escaping any detection or conviction and thus the threat of punishment by death does not deter them as they are convinced they will not be caught. John McAdams stated: If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call. Marquette University/Department of Political Science, on deterrence available at: http://www.prodeathpenalty.com. (Accessed on 24th October 2010). Prevention of re-offending: Those who commit heinous crimes and are executed cannot commit any more crimes it is said but imprisonment for life does not necessarily make for a peaceful society either. In the U.K life imprisonment usually means a sentence of a minimum time which is set by a sentencing judge usually 15-20 years, the person who committed his/her crime then becomes eligible for parole. For example: Jon Venables after murdering Jamie Bulger along with his accomplice Robert Thompson was given a sentence of just eight years. There has been a public outcry about the sentence given and early this year Jon was recalled back to custody after breaching the terms of his release. Denise Bulger, Jamies mother stated nine years ago: If released they would reoffend Interview available at: http://www.thesun.co.uk/sol/homepage/news/2884530/jon-venables-recognised-by-a-localhtm. (Accessed on the 25th October 2010). Arguments against capital punishment Wrongly convicted: DNA testing has opened a large window into a persons claim of innocence and has literally changed the justice system. People have been motivated by external influences to confess or admit to a murder that they didnt commit only to be exonerated possibly years later. In the case of Frank Sterling, a New York truck driver convicted on a confession that he gave in 1992 that he had strangled a four year old girl. Frank served 19 years in jail only to be freed earlier this year with the help of the innocence project when DNA proved that he in fact did not murder her and another inmate Mark Christie had. Picture 12 Frank Sterling Freed After DNA proves His InnocenceFrank Sterling Image available at: http://www.genpop-org/2010/04frank-sterling-freed-after-dna-proves-hiinnocence/ (Accessed 17th October 2010). There is ample evidence now that proves there are and have been errors and flaws throughout the legal system, Frank Sterling is just one of countless numbers of people who are innocent. It is also inevitable that innocent people will be convicted and sentenced to death in the world and such mistakes cannot be put right. The right to live: It has been stated that the right to live is the most significant right of them all when it comes to the death penalty, but it can also be argued with the adage an eye for an eye. Professor van den Haag stated in an interview: I hold life sacred, and because I hold it sacred, I feel that anyone who takes some ones life should know that thereby he forsakes his own and does not just suffer an inconvenience about being put into prison for sometime http://www.prodeathpenalty.com/ornellaspaper.htm.(Accessed 21st October 2010). In the United Kingdom, Article 2 of the human rights act 1998 which states everyones right to life shall be protected by law was enforced in 2000 meaning that no one in the U.K can be sentenced to death. A Questionnaire was posted online on the 17th October. The graph below shows the results of the 120 people who were sent and replied to the questionnaire. C:UsersOwnerAppDataLocalMicrosoftWindowsTemporary Internet FilesLowContent.IE5ELA6NUIH20101024211242[1].jpg If capital punishment were to be re introduced into the U.K many questions would be raised for example: will innocent people be executed? can the legal system be trusted? and will it ever be proved as a deterrent etc? I personally dont believe that any of these questions can be answered with the upmost truth and above all proof and you have to take into account that each and every person in the world is capable of murder if faced with, for example: self defence. Whether or not capital punishment would deter would be criminals prior to their offense, I do believe that the death penalty should be reintroduced into the U.K. In the interest of the people, criminals who have committed acts of such a heinous nature should be given a punishment proportionate to fit the crime. I would go as far as to say that the U.K justice system should, when giving out a life sentence to an offender, mean it is for life and, when a life is taken in such a monstrous way, the offender should be sentenced to death. The reintroduction of U.K capital punishment would not come without its mistakes, and, it could cause misery to the offenders families. But I personally think that if it was reintroduced with strict laws and guidelines and only for offenders, who have committed terrible crimes, then there could be some retribution, it would permanently incapacitate them, and, maybe it could save some money that could be spent on rehabilitating other less serious criminals . Commision on the fair administration of Justice.http://www.deathpenaltyinfo.org/costs-death-penalty (Accessed 25th October 2010). http://abouthumanrights.co.uk/right-life.html (Accessed 25th October 2010). http://www.amnesty.org/en/death-penalty/numbers (Accessed 24th October 2010). http://www.genpop-org/2010/04frank-sterling-freed-after-dna-proves-his-innocence (Accessed 17th October 2010). http://www.deathpenaltyinfo.org/DonohueDeter.pdf http://www.prodeathpenalty.com/ornellaspaper.htm (Accessed 21st October 2010). http://stephen.stratford.co.uk/capital -list.htm (Accessed 24th October 2010). http://www.thesun.co.uk/sol/homepage/news/2884530/jon-venables-recognised-by-a-localhtm (Accessed 24th October 2010). http://users.rcn.com/mwood/deathpen.html#Retribution John McAdams Marquette University/Department of Political Science, on deterrence. http://www.prodeathpenalty.com (Accessed on the 24th October 2010). Justice Center of the University of Alaska at Anchorage. http://www.deathpeanlty.procon.org/view.answers.php?questionID=0010004 (Accessed 25th October 2010). The Berkeley electronic press. http://www.deathpenaltyinfo.org/donohuedeter.pdf (Accessed 25th October 2010). I would like to thank all my friends on facebook who answered my questions posted on the internet on the 17th of October 2010.

Miracles: When Faith Contradicts Reason :: Essays Papers

Miracles: When Faith Contradicts Reason When the term "miracle" comes to mind, the average person doesn’t quite know what to say. After all, a miracle is something unexplained that is looked upon in awe. Webster’s Universal Dictionary defines a miracle as: . "an extraordinary event attributed to the supernatural; an unusual or astounding event." 1 In today’s society, though, everyone has their own definition of astounding. Perhaps some people contribute certain events to the supernatural while others do not. So in today’s times, Webster’s New World Dictionary provides a clearer meaning of a miracle: . "an event or action that apparently contradicts known scientific laws." 2 In other words, it is a gap between faith and scientific reasoning. In modern medicine, a miracle is described as any occurrence where a higher power, God, for example, takes over and intervenes benevolently in the fate of the patient.3 The doctor, along with everyone else, can only marvel. As a generality, it can be said that miracles are modern examples of the continuing contradiction between faith and reason. When People Lose Hope in Modern Medicine At a certain point during a person’s illness, a doctor will say that there is just no more that can be done. Modern medicine, scientific technology, and healing techniques have done all they can, but tragically, the fate of the person looks grim, and death is rapidly approaching. It is then that people will hope for a miracle. Terri McFaddin, a minister, expresses the feelings of those seriously ill when saying that "We are living in desperate times where people are going to believe in things they can’t see because they can’t trust the things they can see. Miracles happen where natural resources end. One will walk into the realm of miracles when all natural resources have been exhausted." 4 When scientific reasoning and human knowledge have failed people and no cure can be found, that is when people will turn to their faith and hope for a miracle. They grip hope that is beyond reason and logic.5 Praise and worship leader Ron Kenoly says that more people are reali zing that to be helped with the great problems they face, they need to go beyond the limits of reason and the abilities of man.6 Today the largest percentages of Americans in a decade profess the existence of God and miracles, according to a poll commissioned by the Pew Research Center. Miracles: When Faith Contradicts Reason :: Essays Papers Miracles: When Faith Contradicts Reason When the term "miracle" comes to mind, the average person doesn’t quite know what to say. After all, a miracle is something unexplained that is looked upon in awe. Webster’s Universal Dictionary defines a miracle as: . "an extraordinary event attributed to the supernatural; an unusual or astounding event." 1 In today’s society, though, everyone has their own definition of astounding. Perhaps some people contribute certain events to the supernatural while others do not. So in today’s times, Webster’s New World Dictionary provides a clearer meaning of a miracle: . "an event or action that apparently contradicts known scientific laws." 2 In other words, it is a gap between faith and scientific reasoning. In modern medicine, a miracle is described as any occurrence where a higher power, God, for example, takes over and intervenes benevolently in the fate of the patient.3 The doctor, along with everyone else, can only marvel. As a generality, it can be said that miracles are modern examples of the continuing contradiction between faith and reason. When People Lose Hope in Modern Medicine At a certain point during a person’s illness, a doctor will say that there is just no more that can be done. Modern medicine, scientific technology, and healing techniques have done all they can, but tragically, the fate of the person looks grim, and death is rapidly approaching. It is then that people will hope for a miracle. Terri McFaddin, a minister, expresses the feelings of those seriously ill when saying that "We are living in desperate times where people are going to believe in things they can’t see because they can’t trust the things they can see. Miracles happen where natural resources end. One will walk into the realm of miracles when all natural resources have been exhausted." 4 When scientific reasoning and human knowledge have failed people and no cure can be found, that is when people will turn to their faith and hope for a miracle. They grip hope that is beyond reason and logic.5 Praise and worship leader Ron Kenoly says that more people are reali zing that to be helped with the great problems they face, they need to go beyond the limits of reason and the abilities of man.6 Today the largest percentages of Americans in a decade profess the existence of God and miracles, according to a poll commissioned by the Pew Research Center.

Health care cost Analysis Essay -- essays research papers

Health Care Costs Analysis   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Healthcare is expensive and Americans want the best possible healthcare they can get. Consumers are demanding more tests, better drugs and insurance coverage. Americans desire a high quality of life and insurers/employers are trying to provide the means, but cost effectively and without raising costs. In order to do this, â€Å"consumers will have to make more decisions, pay more and perhaps demand greater value† (Barr, Paul).   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"The common forces driving utilization and costs are medical technology advancement, demanding consumers, and an aging population† (Barr). Advancements can be seen all over the medical field in areas such as MRIs, new cardiology procedures, highly specialized drugs, cancer treatments, and new laboratory procedures. Consumers are savvy and know their options. There is advertising from pharmaceutical companies and medical technology corporations promoting their drugs and products nationally via the Internet, magazine and television ads. The aging population is also living longer.   Ã‚  Ã‚  Ã‚  Ã‚  This population is living longer due to technological advances and insurance coverage. A huge portion of this coverage provided is by Medicare. Generations have paid into and depended upon this source of funding for years. It is projected that Medicare will be exhausted within the next 14 years. Currently Medicare â€Å"is the biggest single p... Health care cost Analysis Essay -- essays research papers Health Care Costs Analysis   Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Healthcare is expensive and Americans want the best possible healthcare they can get. Consumers are demanding more tests, better drugs and insurance coverage. Americans desire a high quality of life and insurers/employers are trying to provide the means, but cost effectively and without raising costs. In order to do this, â€Å"consumers will have to make more decisions, pay more and perhaps demand greater value† (Barr, Paul).   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"The common forces driving utilization and costs are medical technology advancement, demanding consumers, and an aging population† (Barr). Advancements can be seen all over the medical field in areas such as MRIs, new cardiology procedures, highly specialized drugs, cancer treatments, and new laboratory procedures. Consumers are savvy and know their options. There is advertising from pharmaceutical companies and medical technology corporations promoting their drugs and products nationally via the Internet, magazine and television ads. The aging population is also living longer.   Ã‚  Ã‚  Ã‚  Ã‚  This population is living longer due to technological advances and insurance coverage. A huge portion of this coverage provided is by Medicare. Generations have paid into and depended upon this source of funding for years. It is projected that Medicare will be exhausted within the next 14 years. Currently Medicare â€Å"is the biggest single p...

Metabical Case Study Summary Essay

The Cambridge Sciences Pharmaceuticals (â€Å"CSP†) is an international healthcare company that had completed successful clinical trials for its newest weight loss prescription drug, Metabical. With the final FDA approval expected, Metabical’s launch was set for January 2009 and a clear marketing communications strategy needed to be in place before the launch. With 10 years and $400 million spent on research and development, it was imperative that CSP positions Metabical correctly in the marketplace. Optimal segmentation, targeting, and positioning were important factors to consider in order to ensure that the launch as well as post-launch marketing of the drug yielded strong sales and product longevity. Key Issues Analyzing the market and segmentation, and identifying the needs of the customers. The optimal marketing campaign would guarantee a better-off position of Metabical after the information search and alternative valuation that customers may perform. Furthermore, Metabical needs to be affordable and effective as it will only be available as a prescription drug and, at least initially, the patients would be required to purchase it as an â€Å"out of pocket† expense. Customers †¢General United Sates population struggling with excess weight (By 2000, 34% of the population was overweight, 25.8% classified as obese, and 4.7% was in the severely obese category) †¢End consumer (the patient): Moderately overweight people with the BMI of 25-30 †¢Men and women between the age 45-74 †¢Individuals with income between $40,000 and $80,000+   Ã¢â‚¬ ¢Health care providers who would prescribe the medication as this is not a over-the-counter (â€Å"OTC†) drug †¢Managed healthcare insurance companies Customer decision making process: Need Recognition and problem awareness: a. Overweight Consumers – Many health and social stigmas are centered around excess weight. 35% of the respondents of the CSP sponsored market research are trying to lose weight and 15% of those are comfortable using drugs to reach ideal weight. The campaign must be focused in activating the latent needs of this segment (see Table 1, Annex). b. Healthcare providers – Health care providers are already aware of the benefits that a reduction in weight would play in their client’s health. However, they are not successful in counseling them to establish long-term healthy diet habits and exercise routines. Information search a.Overweight consumers – Once the customer has recognized the information and the need then he/she can research through personal sources such as family, friends, testimonials, advertising, promotions, and sales persons or contact the expert healthcare providers. b.Healthcare providers – Healthcare providers receive information reading through medical journals, attending conferences, and speaking with science and medical sales representatives and other experts. Evaluation of Alternatives: a.Overweight consumers An alternative for Metabical would be a plethora of OTC solutions such as Alli, the only FDA approved OTC drug, and a dietary supplement ephedra. These alternatives, however, are associated with various and serious negative side effects. The fact that Metabical is the only weight loss product that requires prescription may be a point in its favor, as a sign of safety and effectiveness. Metabical is also only required to be taken once a day. b.Healthcare providers: The vast majority of alternatives for Metabical either have a negative effect or are not regulated by the FDA. Metabical represents a safer choice, in legal terms, to recommend its use. As the only FDA approved drug, Metabical can stimulate substantial weight loss in customers and provides a comprehensive support and long-term weight maintenance program that enhances the success of the drug.

Living Trust

trust agreement THIS TRUST AGREEMENT, MADE THIS _____ DAY OF _____________, 20XX, BETWEEN ____________________________, PRESENTLY RESIDING AT _________ ________________ ________________________ (SETTLOR), _____________ ___________________, PRESENTLY RESIDING AT __________________________________ ______ (TRUSTEE), AND ________________ __________, PRESENTLY RESIDING AT ________ ___________________________ (SUCCESSOR TRUSTEE).THE TRUST CREATED BY THIS AGREEMENT SHALL BE KNOWN AS THE ______________________ TRUST. W I T N E S S E T H: WHEREAS, THE SETTLOR DESIRES TO CREATE AND ESTABLISH A REVOCABLE INTER VIVOS TRUST OF THE PROPERTY DESCRIBED IN SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF, WHICH PROPERTY, TOGETHER WITH THE INVESTMENTS, REINVESTMENTS, ACCUMULATED INCOME AND PROCEEDS THEREOF, AND ADDITIONS THERETO, SHALL HEREINAFTER CONSTITUTE THE PROPERTY OF THIS TRUST (THE TRUST FUND); ANDWHEREAS, the Trustee has agreed to hold, manage, invest, and reinvest the Trust Fund to collect the income therefrom and after paying all expenses properly attributable thereto, to distribute the Trust Fund in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, Settlor has assigned and delivered, and the Trustee acknowledges receipt of the Trust Fund, in Trust, nevertheless, for the following purposes and under the following terms and conditions: ARTICLE I [Description] A)The Trust Fund shall be maintained by the Trustee in one (1) trust for the exclusive benefit of Settlor. Settlor reserves the right to add additional beneficiaries hereunder and Trustee agrees to undertake the duties and responsibilities of Trustee in accepting, holding, managing, and disbursing the principal and interest of the Trust Fund in accordance with the terms and conditions of this Trust Agreement. (B)Trustee may receive any other real or personal property from Settlor or from any other person or perso ns, by lifetime gift, under a will or trust or from any other source.Such property shall be indicated by adding same to Schedule A which shall be held by Trustee subject to the terms of this Trust Agreement. Trustee agrees, if he accepts such additions, to hold and manage such additions in trust for the uses and in the manner set forth herein. (C) Trustee shall receive any real or personal property derived as income produced by the Trust Fund. Such accumulated income shall be added to the Trust Fund and held by Trustee subject to the terms of this Trust Agreement. ARTICLE II [Description]The Trustee shall pay the entire net income arising from the Trust Fund in approximately equal monthly installments to or for Settlor during Settlor's entire lifetime, or as directed by Settlor from time to time, retain and reinvest designated portions thereof, provided, however, that if the net income from the principal of the said Trust Fund, together with such other income as may be available to Settlor and Settlor's spouse (Settlor's spouse) from other sources be insufficient for their comfortable support, welfare, and maintenance, then, and in such case, Trustee is authorized to pay to or use for the benefit of Settlor and Settlor's spouse during Settlor's lifetime so much of the principal of the said Trust Fund as, in Trustee's sole discretion, Trustee may deem necessary for such purposes, or to provide for an emergency of any sort, nature, or description; provided, however, subject to Article IV but notwithstanding anything else contained in this Trust Agreement to the contrary, Settlor may, at any time and from time to time during the existence of said Trust Fund, withdraw all or any part of the principal and accumulated income, if any, by filing with the Trustee a notice to that effect and filing subsequently with said Trustee a receipt for the funds so disbursed.If either or both Settlor and Settlor's spouse shall be determined, in accordance with Article III hereof, to be incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age, impaired health, or mental or physical disability, then the Successor Trustee is specifically authorized and empowered, acting in his sole and absolute discretion, to retain all or such part of the income and principal as he deems best, and then to distribute all or part of the income and/or principal for the suitable support, welfare, and maintenance of Settlor and/or Settlor's spouse in such of the following ways as the Successor Trustee shall deem best: a)directly to such beneficiary; b)to such person as such beneficiary may nominate in writing; c)to the legally appointed guardian(s) or conservator(s) of such beneficiary; d)to some person(s) having the care of such beneficiary; or e)by the Successor Trustees using the amounts involved for or on behalf of such beneficiary for his suitable support, comfort, health, welfare, and maintenance. ARTICLE III [Descr iption]During such period that Settlor is the sole Trustee, and if in the judgment of the Successor Trustee, such step is deemed necessary, then the Successor Trustee may appoint three (3) doctors of medicine licensed to practice in the State of Settlor's then current residence, one of whom shall be Settlor's personal physician, if possible, to determine whether Settlor has become incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age or impaired health or mental or physical disability. If the three (3) doctors unanimously determine in writing, as evidenced by signed Certificate(s) of Incapacity, that Settlor has become incapable as herein defined, of the care, custody, and management of the principal of the Trust Fund or any income from theTrust Fund, or upon the determination of a court of competent jurisdiction of the physical or mental incapacity of Settlor, then Settlor shall no longer be Trustee nor shall Settlor ha ve the right to become Trustee, and the Successor Trustee shall possess and be subject to those rights, duties, and obligations which they or it would assume if they or it had been nominated as initial Trustee under the terms of this Trust Agreement; provided, however, upon the revocation of the court order hereinabove referred to, or upon the revocation of two (2) of said Certificate(s) of Incapacity, either by any two (2) of the original certifying doctors or by any two (2) duly licensed doctors selected by the Successor Trustee, the rights and powers under this Trust Agreement shall become operative again and shall revert to Settlor. In addition to the above, Settlor is authorized, at any time and from time to time, voluntarily to relinquish his investment control by an acknowledged, written instrument to that effect, delivered to the Successor Trustee. Said instrument shall be known as a Certificate of Authorization. Such Certificate of Authorization shall specify a date after i ts delivery to the Successor Trustee, as the date on which investment control is to be relinquished.From and after such specified date, Settlor shall not possess investment control, unless and until he reassumes investment control by a subsequent acknowledged, written instrument to that effect, delivered to the Successor Trustee. Such subsequent instrument shall specify a later date after its delivery to the Successor Trustee, as the date on which investment control is to be reassumed. From and after such specified date, Settlor shall again possess investment control. ARTICLE IV [Description] During such period of time that Successor Trustee is in possession of an apparently proper and effective court order ruling Settlor to be physically or mentally incompetent to act on his behalf, or is in possession of the three (3) Certificate(s) of Incapacity, as provided in Article III, supra, at least two (2) of which are not revoked, any attempt by Settlor to xercise any reserved rights and powers under this Trust Agreement, including, but not by way of limitation, the right of modification, revocation, amendment, withdrawal of principal and/or income, or the sale of principal of the Trust Fund, shall be void and during such period of time this Trust Agreement shall be irrevocable and not amendable; provided that during such period of time that Settlor is incapacitated as hereinabove referred to Settlor shall have the power to appoint to any person(s), including his estate, any and all assets of the Trust Fund upon his death, but only by specific reference to said Power of Appointment in Settlor's Last Will and Testament, duly proved and allowed for probate.During such period of time that the Successor Trustee is in possession of a properly executed Certificate of Authorization signed by Settlor, Settlor shall retain all reserved rights and powers under this Trust Agreement with the exception of the investment control of the assets of the Trust Fund pursuant to the te rms of this Trust Agreement which shall be reserved to the Successor Trustee. ARTICLE V [Description] Upon Settlor's death, the Successor Trustee shall hold and dispose of the Trust Fund as follows: (A)If Settlor's spouse survives Settlor, the Successor Trustee shall hold, manage, and invest the Trust Fund, collect the income thereon, and pay to or apply for the benefit of Settlor's spouse the net income thereof, in quarterly or other convenient installments (but at least annually), for and during the term of Settlor's spouse's life.In addition, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, maintenance, health, welfare, and benefit of Settlor's spouse. Settlor's spouse, in Settlor's spouse's individual capacity, is hereby authorized by instrument in writing delivered to the Successor Trustee, to wit hdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such year, whichever is the greater amount. This right shall be noncumulative.Upon the death of Settlor's spouse, the Successor Trustee shall distribute any undistributed net income of this trust, whether collected or accrued, to Settlor's spouse's Personal Representative and shall pay over and distribute the entire remaining principal to such of my issue, in such shares and proportions and either outright or in trust as Settlor's spouse, by specific reference in her will to said special power of appointment, hereby created, may designate and appoint, or, to the extent, if any, that Settlor's spouse may fail to effectively exercise this said special power of appointment, the remaining principal of this Trust established in this Article V, paragraph (A), sup ra, shall be distributed by my Successor Trustee as follows: (1)In the event that any portion of this Trust referred to in this Article V, paragraph (A), supra, is included in Settlor's spouse's estate, the Successor Trustee shall pay to the Personal Representative of Settlor's spouse's estate, out of the principal of the Trust, an amount equal to the estate, inheritance, transfer, succession, or other death taxes (death taxes), federal, state, or other, payable by reason of the inclusion of the value of the trust property in her estate.Such payment shall be equal to the amount by which (i) the total of such death taxes paid by Settlor's spouse's estate exceeds (ii) the total death taxes which would have been payable if the value of the trust property had not be included in Settlor's spouse's estate. The determination of the Settlor's spouse's Personal Representative of the amount payable hereunder shall be final. The Successor Trustee is directed to pay such amount promptly upon wr itten request of Settlor's spouse's Personal Representative. The final determination of the amount due hereunder shall be based upon the values as finally determined for federal estate tax purposes in Settlor's spouse's estate. After payment of the amount finally determined to be due hereunder, the Successor Trustee shall be discharged from any further liability with respect to such payment. Settlor's spouse may waive Settlor's spouse's state's right to payment under this paragraph by a will, executed after Settlor's death, in which Settlor's spouse specifically refers to the right to payment hereby given to Settlor's spouse's estate. (2)Any then remaining principal, after payment of the taxes as specified in this Article V, paragraph (A)(1), supra, shall be divided, administered, and managed as part of the trust established in Article VI, infra. Notwithstanding anything contained in this Article V, paragraph (A), if Settlor's spouse renounced Settlor's spouse's interest in any port ion of the property passing under this Article V, paragraph (A), such portion shall not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (B), infra.Notwithstanding anything contained in this Article V, paragraph (A), if a reduction of the property passing to the Successor Trustee under this Article V, paragraph (A), would not result in any increase in the federal estate tax upon Settlor's estate (after taking into account the unified credit and the credit for state death taxes, but only to the extent that the use of such credit does not increase state death taxes payable by Settlor's estate, and all other estate tax credits available to Settlor's estate and after assuming for this purpose only that all property passing under this paragraph will be qualified for the federal estate tax marital deduction), said property shall be reduced by the largest amount which will result in no such increase, and such amount sh all not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (C), infra.In determining the amount of any such reduction, the final determination of the federal estate tax proceeding relating to Settlor's estate shall control, and there shall be taken into account all property passing (or which shall have passed) to or for the benefit of Settlor's spouse (under Settlor's will, this Trust, or otherwise); however, there shall not be taken into account any renunciation by Settlor's spouse or any interest in any portion of Settlor's residuary estate which, but for such renunciation, would have passed under the provisions of this Article V, paragraph (A), and such determination shall be made on the assumption that there was no such renunciation. Such reduction shall be deemed a dollar amount reduction, and the property passing as a result thereof to the trust created under Article V, paragraph (C), infra, shall not partic ipate in increases or decreases during the administration of Settlor's estate.To the extent possible, assets with respect to which the marital deduction is not allowable for purposes of federal estate tax on Settlor's estate, or with respect to which a credit for foreign death taxes is allowable for such purposes, shall be allocated to the property passing to the trust created under Article VI, infra. It is Settlor's intention that this Trust qualify for the marital deduction allowable in determining the federal estate tax upon Settlor's estate. Accordingly, Settlor hereby authorizes the Settlor's Personal Representative to elect that any amount passing under this Article V, paragraph (A), be treated as qualified terminable interest property for the purposes of qualifying for said marital deduction.If Settlor's spouse is not living at the time of Settlor's death, the foregoing provisions of this Article V, paragraph (A), shall be of no effect and the property otherwise segregated fo r and allocated to the trust created in this Article V, paragraph (A), shall rather be held, administered, and disposed of under and in accordance with the provisions of the trust established in Article VI, infra. In the event that Settlor or Settlor's spouse shall die under circumstances that the order of death cannot be established by adequate proof, it shall be conclusively presumed that Settlor's spouse [survived] [predeceased] Settlor, and this Trust Agreement shall be administered as though Settlor's spouse [survived] [predeceased] Settlor, and its terms shall be so interpreted and construed. Such presumption shall be conclusive and binding upon all parties having an interest under this Trust Agreement. B)If Settlor's spouse survives Settlor and renounces her interest in any amount or any portion which would otherwise have passed under the provisions of Article V, paragraph (A), supra, or renounces any portion of Settlor's estate passing to Settlor's spouse pursuant to Settlor 's Last Will and Testament, such renounce amount or portion shall be held, managed, and invested by the Successor Trustee, IN TRUST, NEVERTHELESS, upon the terms and conditions and for the uses and purposes hereinafter set forth. The Successor Trustee shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at least as often as quarter annually, pay or apply all of such net income to or for the use and benefit of Settlor's spouse.If the principal of the Trust established under the provisions of Article V, paragraph (A), supra, is exhausted for any reason, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse, so much or all of the principal as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. With regard to any property passing under this Article V, paragra ph (B), Settlor directs Settlor's Personal Representative not to elect to have the same treated as qualified terminable interest property for the purposes of qualifying for the marital deduction allowable in determining the federal estate tax on Settlor's estate. Upon the death of Settlor's spouse any then remaining principal of the trust referred to in this Article V, paragraph (B), shall be held, administered, and distributed as part of the trust established in Article VI, infra. C)If Settlor's spouse survives Settlor, and if any amount is directed to be disposed of under and governed by the provisions of this Article V, paragraph (C), said amount shall be held, managed, and administered by the Successor Trustee, IN TRUST, NEVERTHELESS. The Successor Trustee shall collect the income thereon and pay to or apply for the benefit of Settlor's spouse so much or all of the net income thereof as Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for Sett lor's spouse's support, health, welfare, and benefit. Any balance of net income not so paid or applied shall be added to principal annually.If the principal of the trusts established under the provisions of Article V, paragraphs (A) and (B), supra, is exhausted for any reason whatsoever, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee, to withdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such yea r (which principal shall not be deemed to include undistributed income of the current year), whichever is the greater amount. This right shall be noncumulative.Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee during Settlor's spouse's lifetime, to direct the Successor Trustee to pay over and distribute, at any time or from time to time during her lifetime, so much or all of the principal of this trust to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, in Settlor's spouse's sole and absolute discretion, may designate and appoint, provided that, no such appointment shall be effective to the extent it relieves Settlor's spouse of any obligations she may have to support any of the Settlor's then living issue. If, in Successor Trustee's sole and absolute discretion, the financial security of Settlor's spouse would not be je opardized, the Successor Trustee may, at any time or from time to time, pay to or apply for the benefit of any one or more of Settlor's then living issue so much or all or any accumulated income and so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, education, welfare, and benefit of such then living issue or any of them.Upon the death of Settlor's spouse, the Successor Trustee shall pay over and distribute the principal of this trust as then constituted, together with any undistributed net income, whether collected or accrued, to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, by express reference to this provision in her will, may designate and appoint, or, to the extent, if any, that Settlor's spouse shall fail to effectively exercise this power of appointment, the remaining principal of this Trus t established in this Article V, paragraph (C), shall be held, administered, and distributed as part of the trust established in Article VI, infra. ARTICLE VI [Description]Upon the death of the Settlor's spouse after Settlor's death or if Settlor's spouse does not survive the Settlor then upon the death of the Settlor, the Successor Trustee shall divide the Trust Fund, as then constituted, into separate trusts, equal in value, one for each then living child of Settlor and one for the issue, collectively, of each child of Settlor who predeceases Settlor or Settlor's spouse leaving issue who survive Settlor. The share or portion of a share allocated to each beneficiary shall constitute and be administered as a separate trust. Separate books and records shall be kept for each trust, but it shall not be necessary that physical division of the assets be made to each trust. These trusts shall be administered as follows: (A)Each share so provided for a then living child of the Settlor who has not then attained the age of __________________ (___) years shall be paid over and distributed to such child, outright and free of trust. (B)Each share so provided for a then living child of Settlor who has not hen attained the age of __________________ (___) years shall be held, managed, invested, and reinvested by the Successor Trustee, who shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at any time and from time to time, pay or apply to or for the support, health, education (including college and professional education), and maintenance of the child for whom such share has been placed in trust so much (even to the extent of the whole) of the net income of such share and/or principal of such share as the Successor Trustee, in his sole and absolute discretion, shall deem advisable for such purposes. The Successor Trustee need not consider such child's other sources of income when determining whether to invad e the principal of such share. The Successor Trustee shall accumulate and add to the principal of such share any balance of such net income not so paid or applied. From such time as such child attains the age of __________________ (___) years until such time as such child's share is terminated, the Successor Trustee shall pay over and distribute to such child, outright and free of trust, all income of such child's share, at least as frequently as quarter annually.At such time as such child attains the age of __________________ (___) years, the Successor Trustee shall pay over and distribute to such child outright and free of trust, all then remaining principal and undistributed income, if any, of said share. Upon the death of such child, said child's share, if not previously distributed in full pursuant to the foregoing provisions hereof, shall then be distributed as follows: The Successor Trustee shall pay over and distribute all then remaining principal and undistributed income, i f any, of said share, outright and free of trust, to the then living issue of such child, subject to the provisions of Article VII, paragraph (A), infra, per stirpes; or, if none, outright and free of trust, to the then living children of Settlor, per stirpes; or, if none, outright and free of trust , to the Settlor's heirs.Such distributions to Settlor's surviving children or to their surviving issue shall be made by the Successor Trustee herein appointed if any portion of the trust of such child or children hereinbefore established has not been distributed. If, however, such trust has been distributed, then such share shall pass directly to Settlor's then living children or their surviving issue, if any. (C)Each share so provided for the then living issue of a child of the Settlor who is then deceased shall, subject to the provisions of Article VII, paragraph (D), infra, be paid over and distributed, outright and free of trust, to such then living issue, per stirpes. D)Recognizing the possibility that the amount of the funds or property held in the trust created under this Article VI may be insufficient to justify the continuance of the trust, the Successor Trustee, in his discretion, may terminate any trust created hereunder whenever in his judgment such trust no longer serves a useful purpose, and upon any such termination, distribute the trust assets to the beneficiary of the trust, free and clear of any trust. (E)If neither Settlor's spouse, Settlor's children, nor any of the issue of Settlor's children survive Settlor, the entire Trust Fund shall be paid over and distributed by the Successor Trustee, outright and free of trust, to Settlor's heirs. ARTICLE VII [Description] (A)If any part of the Trust Fund is distributable to a person who is under the age of __________________ (___) years, then, in each case where it shall be lawful to do so, such property shall continue to be held IN TRUST by the Trustees.The Trustees shall hold, invest, and reinvest th e same, collect the income therefrom and, after deducting from said income all amounts properly chargeable thereto, at any time and from time to time, pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much of the net income as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees shall accumulate and add to the principal of said Trust any balance of such net income not so paid or applied. The provisions of this Article VII, paragraph (A), shall not refer to any child of the Settlor who is a beneficiary of a trust created under Article VI, supra.In addition, the Trustees shall be authorized, at any time and from time to time, to pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much (even to the extent of the whole) of the principal of said Trust as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees need not consider such person's other sources of income when determining whether to invade the principal of said Trust. The Trust hereunder with respect to property shall terminate when such person attains the age of __________________ (___) years or sooner dies, but in no event later than the time set forth in Article VII, paragraph (B), infra.Upon such termination, the Trustees shall pay over and distribute outright and free of trust, the then remaining principal and undistributed income, if any, of said Trust to the person for whose benefit said Trust was established, if he or she is then living; or if deceased, to his or her then living issue, per stirpes; or, if none, to any other issue of the Settlor then living, per stirpes; or, in default of all issue of the Settlor, to such deceased person's estate. (B)Notwithstanding any designation of age or distribution or any other provision contained he rein, if the creation of interests herein in any person shall violate the Rule Against Perpetuities or any other rule of law, then the interest of that person shall be accelerated and shall be deemed to vest within such time as will not violate the Rule Against Perpetuities or any other rule of law.In no event shall any such trust created pursuant to the terms of this Trust Agreement terminate later than twenty one (21) years after the death of the last to survive of the group consisting of Settlor's spouse, Settlor's children, and the issue of Settlor's children living at the time of the death of the Settlor. Upon such termination, the Successor Trustee shall pay over and distribute the then remaining principal and undistributed income, if any, of such trust, outright and free of trust, to the person for whose benefit said trust was so provided, if he or she is then living; or, if then deceased, to his or her then living issue, per stirpes; or, if none, to any descendant of the Set tlor, per stirpes; or, if one, to any then living issue of Settlor, per stirpes; or, if none, outright and free of trust, pursuant to Article VI, paragraph (E), supra. (C)Notwithstanding the foregoing provisions of this Article VII, whenever, upon the death of a beneficiary of any trust created under this Trust Agreement, all or any part of the then remaining principal and undistributed income, if any, of such trust shall be payable or distributable to a person for whose benefit the Successor Trustee is then holding property in trust under this Trust Agreement, then and in that event (in each case where it may lawfully be done) the same shall not be paid or distributed to such person, but shall instead be added to and thereafter constitute a part of the principal of the trust for such person. D)Whenever any property may be distributed to or for the support, health, welfare, education, and maintenance of a person under the age of __________________ (___) years (minor), or the net inc ome or principal of any trust created under this Trust Agreement may be paid or applied to or for the support, health, welfare, education, and maintenance of a minor, there shall be no necessity for the appointment of a guardian to receive distributions, payments, or applications for any on behalf of such minor. Rather, any such distribution, payment, or application may be made by distributing the same or paying the amount thereof to a parent, the guardian (if there is one), or any other person then caring for or having custody of such minor.Any distribution payment or application made to such parent, guardian, other person, or directly to such minor, pursuant to this paragraph (D), shall constitute a complete discharge and acquittance to the Successor Trustee, with respect to such distribution of the sum so paid or applied. (E)Except for the trust created in Article V, paragraph (A), supra, any trust created under this Trust Agreement shall be construed as a spendthrift trust. No p art of the income, accumulated income, or principal of such trust is ever to be subject to transfer, assignment, sale, pledge, or anticipation in any manner by any beneficiary or remainderman, nor is the interest of any beneficiary or remainderman, prior to the termination of such trust, to be seized in any manner or held liable for the debts, contracts, obligations, or engagements of any kind whatsoever of any beneficiary or remainderman hereunder.If any beneficiary or remainderman should execute any document by which he attempts to transfer, assign, sell, pledge, or anticipate his or her interest hereunder, the Successor Trustee is to immediately terminate all payments to said beneficiary or remainderman, and the Successor Trustee thereafter may pay over to any person such sums of money or other property which the Successor Trustee, in his sole and absolute discretion, deems to be in the interest of said beneficiary or remainderman. (F)For all purposes of this Trust Agreement, the terms child or children are defined to mean a lawful descendant or lawful descendants in the first degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the parent designated, and the term issue is defined to mean a lawful descendant or lawful descendants in the first, second, or any other degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the ancestor designated.The provisions of the preceding sentence to the contrary notwithstanding, for all purposes of this Trust Agreement, any child born to or adopted by persons who are holding themselves out as husband and wife after the performance of a marriage ceremony between them shall be considered as a lawful descendant in first degree of such persons, and therefore a child (as defined in the preceding sentence) of such person even though any divorce or annulment proceeding purporting to termin ate a prior marriage of one or both of such persons is or may be invalid; and a blood descendant in the first degree of a person shall be deemed to be a lawful descendant in the first degree of such person, and therefore a child (as defined in the preceding sentence) of such person, if it is established that such person has openly and continuously held out such descendant as his or her own son or daughter. For all purposes of this Trust Agreement the term Settlor's children and terms of like import shall refer not only to the [children / child] of the Settlor now living (viz. , ________________________________) but also to any child of Settlor (as defined in this paragraph (F)) born or adopted after the execution of this Trust Agreement. (G) For all purposes of this Trust Agreement, an infant in gestation who is later born alive shall be deemed to have been in being during such period of gestation for the purposes of qualifying such infant, after its birth, as a beneficiary of any t rusts created hereunder. H) Any reference in this Trust Agreement to Settlor's heirs means those persons, other than creditors, who would take Settlor's person property under the laws of the jurisdiction of Settlor's domicile at the time of Settlor's death if Settlor had died at the time stipulated for distribution, unmarried, intestate, and domiciled in such jurisdiction; and distribution to such persons shall be made in the same manner and in the same proportion that Settlor's personal property would be distributed under the laws of such jurisdiction if Settlor had died at the time stipulated for distribution, unmarried, intestate, owning the property available for distribution and no other property, without creditors, and domiciled in such jurisdiction.ARTICLE VIII [Description] Notwithstanding any other provisions of this Trust Agreement to the contrary: (A) On receipt of a written request from the Settlor's spouse, any unproductive property held as a part of the trust created i n Article V, paragraph (A), supra, shall be made productive or converted within a reasonable time into productive property. (B) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause the trust created in Article V, paragraph (A), supra, to fail to qualify for the estate tax marital deduction in the computation of the federal estate tax on the estate of the Settlor. C) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause any property remaining in the trust created under Article V, paragraph (C), supra, at the death of Settlor's spouse to be included in the Settlor's spouse's estate for federal estate tax purposes. ARTICLE IX [Description] In addition to and not in limitation of the rights, powers, privileges, and discretions vested in trustees by law, Settlor gives to the Trustee, in the administration of any trust created hereunder, the following powers, to be exercised, without application to any court, to such extent, at such time or times, upon such terms, and in such manner as the Trustee, shall in his absolute discretion, deem advisable. A)To retain, for so long as is deemed advisable, any property, real or personal, included in the Trust Fund, to abandon any property, to change investments and to invest and reinvest from time to time in such other property, real or personal, within or without the United States (including, but not limited to, improved or unimproved real estate directly or through partnerships, limited liability companies, or joint ventures), stocks of any classification and shares of or interest in any discretionary common trust fund or mutual fund, without being limited in such retention, investment, or reinvestment to property authorized for the investment of trust funds or any applicable local law, without regard to diversification of assets, even though such assets are not income-producing. B) To sell, with o r without notice, at public or private sale, for cash or on credit, with or without security, to exchange and to grant options to purchase any property, real or personal, at any time held hereunder, and in so doing to execute all necessary deeds or other instruments. (C)To borrow money, to mortgage or pledge as security, otherwise encumber, any property held hereunder, and, if money is borrowed from the Trustee, to pay interest thereon at the prevailing rate. (D) To lease for any period (without regard to the duration of any trust created hereunder or to any statutory restriction), exchange, partition, divide, alter, demolish, develop, dedicate (even without consideration), improve, repair, maintain, grant easements on, or otherwise deal with real property. E) To make contracts and agreements, to compromise, settle, release, arbitrate, or accept arbitration of any debts or claims in favor of or against any trust created hereunder, to sue on behalf of any trust created hereunder and to defend any suit against the same, to foreclose any mortgage, deed of trust, or other lien securing any obligation and to bid on the property at foreclosure sale or acquire the property by deed without foreclosure, and to extend, modify, or waive the terms of leases, bonds, mortgages, and their obligations or liens. (F) To vote, in person or by proxy, any stock or securities held hereunder, and to exercise or delegate all rights and privileges (such as subscription rights and conversion privileges) and discretionary powers in connection therewith. (G) To exercise any options or warrants for the purchase of securities on such terms and conditions as the Trustee deems advisable and in the best interests of the beneficiary of any trusts created hereunder; or alternatively, not to exercise any such options or warrants (and allow them to lapse) if the Trustee deems such non-exercise to be in the best interest of such beneficiaries. H) To consent to and participate in any reorganization , consolidation, merger, dissolution, sale, lease, mortgage, purchase, or other action affecting any stock or securities held hereunder, and to make payments in connection therewith. (I) To deposit property with any protective, reorganization, or similar committee, to exercise or delegate discretionary powers in connection therewith, and to share in paying the compensation and expenses of such committee. (J) To employ agents, attorneys, accountants, brokers, counsel, including investment counsel, or others, whether individual or corporate, and to pay their reasonable compensation and expenses. The Trustee may serve in any such additional capacity and be so compensated for services rendered in such additional capacity. K) To hold any property, real or personal, in the name of a nominee, or in his name as Trustee or to take stock or securities and keep the same unregistered in such condition that such stock or securities will pass by delivery. (L) In dividing or distributing principal of any trust created hereunder, to make such division or distribution in money, kind, or partly in money and partly in kind, or by allotting or assigning undivided interests in the property, even if one or more shares be composed in whole or in part of property different in kind from that of any other share. (M) To hold, in solido, for convenience of investment and administration, property constituting principal of two or more trusts created hereunder, or to make joint or common investments in which the separate trusts shall have undivided interests. N) To perform and carry out the provisions of any business agreements to which Settlor was a party and which may be in force at the time of Settlor's death (including, but not limited to, agreements of partnership, limited partnership, or joint venture, and agreements arising out of Settlor's interest as an officer, director , stockholder, or member of any corporation or limited liability company), and to reorganize or continue to oper ate any business, whether a sole proprietorship, partnership, limited partnership, joint venture, limited liability company, or corporation, in which Settlor may have an interest at the time of his death, under such terms and conditions, with such other persons and in such manner as the Trustee, may determine. The Trustee is authorized to have a personal interest as partner, venturer, stockholder, member, owner or investor in, to be employed by, or otherwise to serve any business referred to herein, and to receive compensation for such employment or other services rendered to or for such business. The Settlor owns at the date of execution of this Trust certain business known as _________ _____________________________________________.In the event that at the time of the death of the Settlor he owns a controlling interest in said business or successor thereto or in another business enterprise (whether operated in the form of a corporation, a partnership, limited liability company, or a sole proprietorship), the Settlor hereby desires that the Successor Trustee shall continue to hold and operate each such business as a part of the Trust Fund herein created. The Settlor hereby vests the said Successor Trustee, severally, including any successors to either, with the following powers and authority, as supplemental to the ones contained in this Article IX the applicability of which to the business of the Settlor confirms without limitation by reason of specification, and in addition to powers conferred by law, all of which may be exercised with respect to every such business, whether a corporation, a partnership, limited liability company, or a sole proprietorship. 1.To retain and continue to operate the business for such period as the Successor Trustee, as the case may be, may deem advisable. 2. To control, direct, and manage the business. In this connection, the Successor Trustee, in his sole and absolute discretion, shall determine the manner and extent of its act ive participation in the operation, and the Successor Trustee may delegate all or any part of his power to supervise and operate, to such person or persons as he may select, including any associate, partner, officer, member, or employee of the business. 3. To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate nd discharge agents, attorneys, consultants, accountants and such other representatives as the Successor Trustee may deem appropriate; including the right to employ any beneficiary (or individual Trustee) in any of the foregoing capacities. 4. To invest other estate or Trust funds in such business; to pledge other assets of the estate or Trust as security for loans made to such business; and to loan funds from the Trust Fund to such business and to borrow from any bank or other lending institution, on such terms as are currently competitive. 5. To organize a corporation under the law of this or any othe r state or country and to transfer thereto all or any part of the business or other property held in the estate or Trust, and to receive in exchange therefor such stocks, bonds and other securities as the Trustee may deem advisable. 6.To take any action required to convert any corporation or limited liability company into a partnership or sole proprietorship. 7. To treat the business as an entity separate from the estate or trusts. In its accountings to the court and to any beneficiaries, the Successor Trustee shall only be required to report the earnings and conditions of the business in accordance with standard corporate accounting practice. 8. To purchase, process, and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures, and supplies of all kinds. 9. To liquidate all or any part of any business at such time and price and upon such terms and conditions (including credit) as the Successor Trustee may determine.The Successor Trustee is specifically authorized and empowered to make such sale to any partner, officer, member, or employee of the business (or to any Trustee) or to any beneficiary hereunder. 10. To exercise any of the rights and powers herein contained in conjunction with another or others. 11. To diminish, enlarge, or change the scope or nature of any business. The Settlor is aware of the fact that certain risks are inherent in the operation of any business and expects that decisions will be required of a businessman's risk nature as contrasted with prudent man rule. Therefore, the Settlor directs that the Trustee shall not be held liable for any loss resulting from the retention and operation of any business unless such loss shall result directly from the Successor Trustee's bad faith and willful misconduct.In determining any question of liability for losses, it should be considered that the Successor Trustee, as the case may be, is engaging in a speculative enterprise at the Set tlor's request. If any business operated by the Successor Trustee pursuant to the authorization contained in this Trust shall be unincorporated, then the Settlor directs that all liabilities arising therefrom shall be satisfied first from the business itself and second out of the estate or Trust Fund; it being the Settlor's intention that in no event shall any liability be enforced against the Successor Trustee personally. If the Successor Trustee shall be held personally liable, he shall be entitled to indemnify first from the business and second from the estate or Trust Fund.It is recognized that any business interest which may be included in any estate or trust may require additional efforts and expertise on the part of the fiduciary. Accordingly, it is recognized that additional fees may be required. Such fees shall be taken as a director's fee, which shall be remitted to the fiduciary and/or as a management consultant charge by the fiduciary. (O) To make any loans, either secur ed or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations, as is deemed advisable. (P) To receive, receipt for, and collect any and all income of every kind and character whatsoever, which shall, from time to time, be produced by or arise out of the trust estate. Q) The Settlor, while acting as Trustee, shall have the exclusive power and authority (1) to establish and maintain one or more accounts, which may be margin accounts, for the purpose of purchasing, investing in, or otherwise acquiring, selling (including short sales), possessing, transferring, exchanging, pledging, or otherwise disposing of, or turning to account of, or realizing upon, and generally dealing in and with (a) any and all forms of securities, including but not by way of limitation, shares, stocks, bonds, debentures, notes, script, participation certificates, rights to subscribe, options, warrants, certificates of deposit, mortgages, choses in actio n, evidences of indebtedness, commercial paper, certificates of indebtedness, and certificates of interest of any kind and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise, and (b) any and all commodities and/or contracts for the future delivery thereof, whether represented by trust, participating and/or other certificates or otherwise; (2) to pledge trust property as collateral for any personal or business loans of Settlor, or for the benefit of any other person or entity designated by Settlor; and (3) to delegate to any agent of Settlor's choice by power of attorney or otherwise, the conducting of banking activities for Trustee, or the hiring, cancellation or use of entry of a safe deposit box or other storage facilities in the name of Trustee. Said power and authority shall be peculiar to Settlor while acting as initial Trustee. (R) To form, renew, or extend the life of any corporation or bu siness entity while under the laws of any state and/or to subscribe for, or otherwise acquire, all or any part of the capital stock, bonds, or other securities of any corporation or business entity. (S) To pay, satisfy, and discharge all taxes and assessments upon the property comprising the trust estate or upon the income derived therefrom, and, in connection with any estate, inheritance, succession, or other imilar taxes that may be imposed upon Settlor's estate, the Successor Trustee shall make provisions and payment therefor if and to the extent that the Personal Representative of Settlor's probate estate, if any, so desires; provided, further, in the event that there shall be included in the trust property and estate any United States Treasury Bonds or other obligations redeemable at par value in payment of the United States Estate Tax imposed upon or with respect to all or any part of the trust property and estate, the Successor Trustee is hereby directed to apply such Bonds o r other obligations toward the payment of said tax in an amount not to exceed the total of such tax and any interest accrued thereon, which Bonds or other obligations may be so applied directly by the Successor Trustee, or, in the Successor Trustee's discretion, may be delivered to the Personal Representative of Settlor's probate estate, if any, in which latter case the Successor Trustee may rely upon any written representations made to it by such Personal Representative as to the total of said tax and shall be under no duty to verify the same. Further, where it is permitted by law to claim expenses as either income or estate tax deductions, Settlor's Successor Trustee may, but shall not be required to, make such adjustment between income and principal as Successor Trustee shall deem proper. Settlor's Successor Trustee shall not be accountable or responsible to any person interested in Settlor's property for the manner in which it shall exercise such election, and the decisions with respect to adjustment between income and principal shall be binding and conclusive upon all persons interested in Settlor's property. T) To determine what part of cash or other property received by it is income and what part is principal, and to determine what expenses and other charges, including Trustee's fees and disbursements, shall be a charge against principal and what against income; provided, however, that stock dividends, rights to subscribe for any stock or securities, or any profit or gain which may accrue from any sale, exchange, or other disposition of assets and property comprising or included in the Trust Fund, shall not be determined to be income subject to distribution, but shall be determined to be principal and shall be added thereto and treated in all respects in the same manner as the original principal of the Trust Fund after deduction therefrom as a charge against the same of all income taxes payable with respect thereto, and all losses sustained as a result of the sale, exchange, or other disposition of assets and property comprising a part of the Trust Fund shall be charged against the income of the Trust Fund or reduce the amount of such income subject to distribution. All cash dividends except liquidating dividends shall be considered as income. U) To pay, satisfy, and discharge all last illness and funeral expenses resulting from Settlor's death, and all debts, just claims, and administration expenses outstanding at the time of Settlor's death or resulting from Settlor's death, and to pay or otherwise satisfy all specific bequests under Settlor's will, as admitted to probate, in the Successor Trustee's discretion, to the extent that the fiduciary of Settlor's estate so desires, or to the extent that there are insufficient funds in Settlor's estate to pay said aforementioned items, without requiring any reimbursement from the Settlor's executors or administrators or other persons receiving property as a result of Settlor's death, pr ovided that no qualified pension or profit-sharing plan comprising a part of the trust estate, which are deemed not to be a lump-sum distribution as defined under the Internal Revenue, and otherwise not subject to Federal Estate Tax, or life insurance proceeds shall be used for such purposes. (V) To construe the trust provisions of this Trust Agreement and any construction thereof, any action taken thereon by the Trustee in good faith shall be final and conclusive, and the Trustee may correct any defect, supply any omission, or reconcile any inconsistencies in said trust provisions in such manner, and to such extent, as the Trustee shall deem expedient to carry the same into effect, and the Trustee shall be the sole, final and conclusive judge of such expediency. W) To make all discretionary decisions provided for or required by the provisions of this Trust Agreement, in their sole, absolute and uncontrolled discretion. (X) Generally to do any and all acts and things and to execute any and all written documents with respect to any property at any time held hereunder which the Trustee would be entitled to do were such property owned absolutely by the Trustee. (Y) To elect or not to elect to treat all or any portion of estimated tax paid by any trust created hereunder as a payment by a beneficiary of such trust, which election may be made pro rata among the beneficiaries or otherwise in the discretion of the Trustee, whose decision shall be conclusive and binding upon all parties in interest.It is the Settlor's intention and purpose, except as otherwise provided in this Trust Agreement, to confer upon the Trustee and Successor Trustee the broadest and fullest power and authority with respect to each trust created hereunder which it is possible for an individual to exercise over his own property and the Trustee and the Successor Trustee shall exercise such powers and authority in their sole discretion, in such manner, and to such extent, as they shall deem advisa ble. The provisions of this Article IX shall continue in effect with respect to any property at any time held hereunder until the execution or termination of the trust with respect thereto shall have been completed by the payment or distribution thereof pursuant to the terms of this Trust Agreement.No powers of the Trustee enumerated herein or now or hereafter conferred upon the Trustee generally shall be construed to enable Settlor, or Trustee, or Successor Trustee, or any of them, or any other person to purchase, exchange, or otherwise deal with or dispose of all or any part of the Trust Fund for less than an adequate consideration in money or money's worth, or to enable Settlor to borrow all or any part of the principal or income of this Trust, directly or indirectly without adequate interest or security. No person other than Trustee shall have or exercise the power to vote or direct the voting of any shares or other securities of this Trust, to control the investment of this Tru st either by directing investments or reinvestments or by vetoing proposed investments or reinvestments, or to reacquire or exchange any property of this Trust by substituting other property of an equivalent value. ARTICLE X [Description]This Trust has been accepted by the Trustee in the State of Maryland and it is the intention of the parties hereto that this Trust Agreement shall in all respects be construed, interpreted, and administered according to the laws of the State of Maryland and that the parties in all things in respect thereto shall be governed by such laws. This Article, however, shall not be deemed a limitation upon any of the powers of the Trustee or Successor Trustee, or to prevent their investing in properties, real or personal, located outside of the State of Maryland. ARTICLE XI [Description] The Trust created by this Trust Agreement is revocable by the Settlor who, at any time, may execute such further instruments as shall be necessary to revoke it.Settlor reser ves the right to alter, amend, or revoke this Trust Agreement in whole or in part, at any time or times, and from time to time, by a letter or memorandum in writing delivered to the Successor Trustee; provided that the duties, powers, and liabilities of the Successor Trustee shall not be materially or substantially changed by such alteration or amendment without Settlor's consent thereto in writing. ARTICLE XII [Description] (A) No bond or other security shall be required of the original Trustee hereunder or of any Successor Trustee. (B) The majority of the adult beneficiaries entitled to receive or have the benefit of the income from the Trust estate may approve the accounts of any individual Trustee at any time resigning as such hereunder. The approval of such accounts shall be full and complete discharge of such Trustee and shall have the same effect as if the Trustee had presented and had its accounts approved by a court of competent jurisdiction. C) In the event any corporate T rustee shall merge or become consolidated with any other corporation, such merged or consolidated corporation is hereby appointed successor corporate Trustee, with all powers, titles, privileges, immunities, discretions, and authorities conferred upon such corporate Trustee so merging or consolidating. (D) Whenever there are co-Trustees hereunder and any Trustee is absent or unavailable, the other Trustee may act without such absent or unavailable Trustee. Any persons dealing with the co-Trustees may rely on a certificate by any one or more of them that he or they have sole authority to act because of the absence or unavailability of the other Trustee, and such certificate shall be binding on the Trust and shall require the Trustee to make fully valid the transaction with any person relying on such certificates. E) The Trustees, and any partnership, firm, corporation, limited liability company, or other business entity in which the Trustees, or any of them are interested, directly o r indirectly, whether as a partner, principal, stockholder, member, creditor, employee, or otherwise, may deal with the Trust in the same manner as a third party might, including (by way of illustration and not limitation) purchasing property from and selling services for the Trust, and joining with the Trust in a joint venture, limited partnership, partnership, limited liability company, syndicate, corporation, or other business or non-business arrangement; provided, however, that no such transaction shall take place unless the Trustees decide that the transaction is fair to the Trust and is in the best interests of the beneficiaries. (F) Any Successor Trustee may resign at any time by giving not less than thirty (30) days written notice to the Settlor, if living; and if the Settlor is then deceased, then to the remaining Successor Trustee, if any; and if there is no remaining Successor Trustee, then to all competent adult persons and the parents or guardians of all minor or incomp etent persons who are at the time entitled to receive income or principal hereunder.Upon the resignation, death, or incapacity of any Trustee or any Successor Trustee, the Settlor shall promptly designate a Successor Trustee; in the event that the Settlor is then deceased, a Successor Trustee shall be promptly designated by the remaining Successor Trustee, if any; and in the event there is no remaining Successor Trustee or if the remaining Successor Trustee fails to designate a Successor Trustee within thirty (30) days, then a Successor Trustee shall be promptly designated by majority vote of all persons who would be entitled to notice of the resignation of a Trustee if a Trustee then resigned. (G) The Settlor shall have the right at any time (i) with the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a Successor Trustee(s) to serve in place of the Successor Trustee(s) who was or were removed, and (ii) with or without the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a bank or trust company having fiduciary powers as a Successor Trustee to serve in place of Successor Trustee(s) who was or were removed. (H) The Trustees (or any of them) shall be paid a fair and reasonable compensation for services performed hereunder. I) No Successor Trustee under this Trust Agreement shall be liable for any act or omission of his predecessor, nor for any loss or expense from or occasioned by any act or omission of his predecessor, nor shall any Successor Trustee be obligated to inquire into the validity or propriety of any such act or omission. Any such Successor Trustee shall be entitled to accept as conclusive any accounting and statement of assets furnished to such Successor Trustee by his predecessor or by the personal representative of such predecessor and shall further be entitled to receipt only for those assets included in such statement. (J) The use of any gend er herein shall be deemed to include the other genders, and the use of the singular shall be deemed to include the plural (and vice versa), wherever appropriate. K) Wherever the term Trustees is employed herein, it shall be deemed to refer to the original Trustee and any Successor Trustee or Successor co-Trustee named herein or other Trustees or co-Trustees appointed hereunder. ARTICLE XIII [Description] Any Successor Trustee shall have all the duties and powers assumed by and conferred upon the Trustee under this Trust Agreement. The appointment of a Successor Trustee shall be made by a duly acknowledged instrument delivered to the beneficiaries. IN WITNESS WHEREOF, Settlor has signed and sealed this Trust Agreement and, to evidence acceptance of the terms and conditions of this Trust, the Trustee and Successor Trustee have signed and sealed this Trust Agreement, all on the day and year indicated below. witness: | |SETTLOR: