Problem, solution and resolution
I need to talk about 3 discussion first tow paragraphs about personal problem.
Second tow paragraphs talk about solution for personal problem.
Third tow paragraphs talk about resolution.
I will upload my friend journal assignment. I need similar to it.
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Monday 31 March 2014
10 traits of highly effective principals
From this book: McEwan, Elaine K. (2003). 10 traits of highly effective principals: From good to great performance. Thousand Oaks, CA: Corwin Press.
write summary about chapter 5 and what this chapter focus on (on one paragraph ), Then write some important sentences from the chapter with the number of the page and write reflection about these sentences (on other paragraph), Finally write three questions to make students thinking and starting the discussion.
write summary about chapter 5 and what this chapter focus on (on one paragraph ), Then write some important sentences from the chapter with the number of the page and write reflection about these sentences (on other paragraph), Finally write three questions to make students thinking and starting the discussion.
Childhood Obesity
Please use simple language. Develop a research paper that will help in in-depth understanding the topic which is childhood obesity. Discuss the epidemic of childhood obesity. What has caused it and how can it be controlled.
You may include governmental involvement pros and cons.
Please include some pictures and statistics that is related to the topic.
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You may include governmental involvement pros and cons.
Please include some pictures and statistics that is related to the topic.
CLICK HERE to get this paper!!
Primer on business ethics
Read "Primer on business ethics"
Author: Machan
Publisher: Rowmn
Copyright:2002
Read page 222 on case study 7 " Big Time enterprises"
1) Re write the facts of the case more concisely; list the essential specific facts, deleting the unnecessary verbiage
2) Identify and spell out the conflicting moral issues. What facts are open to interpretation?
3) Examine the list of 6 moral principles found on page 219
4) Identify any of the moral principles that can apply to the case
5) Try to develop at least 2 alternative resolutions and describe them
6) Select the resolution you feel is morally the best result and state why
Author: Machan
Publisher: Rowmn
Copyright:2002
Read page 222 on case study 7 " Big Time enterprises"
1) Re write the facts of the case more concisely; list the essential specific facts, deleting the unnecessary verbiage
2) Identify and spell out the conflicting moral issues. What facts are open to interpretation?
3) Examine the list of 6 moral principles found on page 219
4) Identify any of the moral principles that can apply to the case
5) Try to develop at least 2 alternative resolutions and describe them
6) Select the resolution you feel is morally the best result and state why
Resume/cover letter for the job application
For this assignment, you should search the Internet or print media (newspapers and magazines) to look for advertisements on job vacancies. It is appropriate for you to choose advertisements that relate to you career interest. When you find one that you are interested in, bring it to class. We shall brainstorm over that advertisement and find possible means to use it to do the assignment, and you will write a resume and application letter, in response to the advert you choose. In this sense, the assignment will be related to something concrete, which will challenge you to pay attention to the rhetorical factors that are likely to influence your writing style. See this assignment as a conduit pipe to getting a job during or after school. This assignment will be done based on the discussions in chapter 15 of the class textbook.
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Basically I've already chosen the job application, I'll link that and I'll upload the book so you can see the format.
Really you're just making a resume/cover letter for the job application I'm going to link in the format of the ones in chapter 15.
You can just put in random information or whatever pertains to the job & I'll just cut out that content and add in my own information when it's done.
http://h30631.www3.hp.com/houston/engineering/jobid4047265-software-systems-engineer-%28recent-graduate%29-jobs
Basically I've already chosen the job application, I'll link that and I'll upload the book so you can see the format.
Really you're just making a resume/cover letter for the job application I'm going to link in the format of the ones in chapter 15.
You can just put in random information or whatever pertains to the job & I'll just cut out that content and add in my own information when it's done.
http://h30631.www3.hp.com/houston/engineering/jobid4047265-software-systems-engineer-%28recent-graduate%29-jobs
Discussion Question 10: A bank in California has 13 branches spread throughout northern California, each with its own minicomputer where its data are stored. Another bank has ten branches spread throughout California, with the data being stored on a mainframe in San Francisco. Which system do you think is more vulnerable to unauthorized access? Excessive losses from disaster?
Discussion Question 15: An organization’s internal audit department is usually considered an effective control mechanism for evaluating the organization’s internal control structure. Birch Company’s internal auditing function reports directly to the controller. Comment on the effectiveness of this organizational structure.
Problem 2 INTERNAL CONTROL Required: Identify the control weaknesses present and make a specific recommendation for correcting each of the control weaknesses.
Discussion Question 15: An organization’s internal audit department is usually considered an effective control mechanism for evaluating the organization’s internal control structure. Birch Company’s internal auditing function reports directly to the controller. Comment on the effectiveness of this organizational structure.
Problem 2 INTERNAL CONTROL Required: Identify the control weaknesses present and make a specific recommendation for correcting each of the control weaknesses.
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Problem 5 DISASTER RECOVERY PLAN:
Required:
a. Describe the computer security weaknesses present at Hill Crest Corporation that made it possible for a disastrous data loss.
b. List the components that should have been included in the disaster recovery plan at Hill Crest Corporation to ensure computer recovery within 72 hours.
c. What factors, other than those included in the plan itself, should a company consider when formulating a disaster recovery plan?
Problem 6: Per the article The Kiss of Identity Theft – Password Simplicity and Redundancy, which of the following statements is true?
I. Hackers who use powerful computers can break passwords containing dictionary words 100 times faster.
II. Adding just one capital letter and one asterisk would change the processing time (for a hacker) from 2.4 days to 2.1 centuries.
Both are true.
Neither are true.
I.
II.
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Review Question 1: Why is human behavior considered one of the biggest potential threats to operating system integrity?
Review Question 2: Why would a systems programmer create a back door if he or she has access to the program in his or her day- to- day tasks?
Chapter 16 Problem 4 INTERNAL CONTROL AND FRAUD
Required:
a. What weaknesses in the organization’s control struc-ture must have existed to permit this type of embez-zlement?
b. What specific control techniques and procedures could have helped prevent or detect this fraud?
Chapter 16 Problem 6 PREVENTIVE CONTROLS Listed here are five scenarios. For each scenario, discuss the possible damages that can occur. Suggest a pre-ventive control.
a. An intruder taps into a telecommunications device and retrieves the identifying codes and personal identification numbers for ATM cardholders. ( The user subsequently codes this information onto a magnetic coding device and places this strip on a piece of cardboard.)
b. Because of occasional noise on a transmission line, electronic messages received are extremely garbled.
c. Because of occasional noise on a transmission line, data being transferred is lost or garbled.
d. An intruder is temporarily delaying important strategic messages over the telecommunications lines.
e. An intruder is altering electronic messages before the user receives them
Problem 5 DISASTER RECOVERY PLAN:
Required:
a. Describe the computer security weaknesses present at Hill Crest Corporation that made it possible for a disastrous data loss.
b. List the components that should have been included in the disaster recovery plan at Hill Crest Corporation to ensure computer recovery within 72 hours.
c. What factors, other than those included in the plan itself, should a company consider when formulating a disaster recovery plan?
Problem 6: Per the article The Kiss of Identity Theft – Password Simplicity and Redundancy, which of the following statements is true?
I. Hackers who use powerful computers can break passwords containing dictionary words 100 times faster.
II. Adding just one capital letter and one asterisk would change the processing time (for a hacker) from 2.4 days to 2.1 centuries.
Both are true.
Neither are true.
I.
II.
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Review Question 1: Why is human behavior considered one of the biggest potential threats to operating system integrity?
Review Question 2: Why would a systems programmer create a back door if he or she has access to the program in his or her day- to- day tasks?
Chapter 16 Problem 4 INTERNAL CONTROL AND FRAUD
Required:
a. What weaknesses in the organization’s control struc-ture must have existed to permit this type of embez-zlement?
b. What specific control techniques and procedures could have helped prevent or detect this fraud?
Chapter 16 Problem 6 PREVENTIVE CONTROLS Listed here are five scenarios. For each scenario, discuss the possible damages that can occur. Suggest a pre-ventive control.
a. An intruder taps into a telecommunications device and retrieves the identifying codes and personal identification numbers for ATM cardholders. ( The user subsequently codes this information onto a magnetic coding device and places this strip on a piece of cardboard.)
b. Because of occasional noise on a transmission line, electronic messages received are extremely garbled.
c. Because of occasional noise on a transmission line, data being transferred is lost or garbled.
d. An intruder is temporarily delaying important strategic messages over the telecommunications lines.
e. An intruder is altering electronic messages before the user receives them
Monday 10 March 2014
Lab Assignment 2: Methods
Purpose
The purpose of this assignment is to help you design an instrument that will allow you to collect data to answer your research question. We will provide you with feedback that should help you improve your instrument, so we ask that you do not begin collecting data before receiving your feedback and grade.
The purpose of this assignment is to help you design an instrument that will allow you to collect data to answer your research question. We will provide you with feedback that should help you improve your instrument, so we ask that you do not begin collecting data before receiving your feedback and grade.
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Format
Your assignment should be no more than 1-2 double spaced pages. Please note the 1-2 pages does not include your instrument. Feel free to use more space to create a well-designed instrument. You must type all assignments and make full use of spell check/grammar check features. We will not waste time trying to interpret poor grammar. All assignments must be in APA format. We do not require cover sheets, but you must use appropriate section headings and references when appropriate.
Directions
For this assignment, you will be asked to prepare for data collection. You should plan on collecting data from 10-15 people if you are doing a survey and 3-6 people if you are doing an interview. If you plan on making observations, plan a minimum of 3 observations at least 5-10 minutes in length, but feel free to make more or longer observations as well. Just keep in mind that you will have to code your observations for emerging themes, so it is important to only collect as much information as you think you can handle.
Format
Your assignment should be no more than 1-2 double spaced pages. Please note the 1-2 pages does not include your instrument. Feel free to use more space to create a well-designed instrument. You must type all assignments and make full use of spell check/grammar check features. We will not waste time trying to interpret poor grammar. All assignments must be in APA format. We do not require cover sheets, but you must use appropriate section headings and references when appropriate.
Directions
For this assignment, you will be asked to prepare for data collection. You should plan on collecting data from 10-15 people if you are doing a survey and 3-6 people if you are doing an interview. If you plan on making observations, plan a minimum of 3 observations at least 5-10 minutes in length, but feel free to make more or longer observations as well. Just keep in mind that you will have to code your observations for emerging themes, so it is important to only collect as much information as you think you can handle.
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Your assignment must include:
• Revised research question and hypothesis
o Your paper must begin with your research question and hypothesis.
o Revise the research question and hypothesis if necessary according to your TA’s feedback.
o Please note: You are not resubmitting your entire Assignment 2. We are only asking you to revise your research question and hypothesis if necessary.
• Description of your methodological approach and design
o State whether your method is quantitative, qualitative, or mixed methods.
Be sure to demonstrate correct understanding of this approach.
o Explain why you have chosen this method.
o Indicate your chosen design (e.g., descriptive, correlational, experimental, case study, interview, focus group, ethnography).
Be sure to demonstrate correct understanding of this design.
o Identify your independent and dependent variables.
o Explain why this design is appropriate to answering your research question.
Your assignment must include:
• Revised research question and hypothesis
o Your paper must begin with your research question and hypothesis.
o Revise the research question and hypothesis if necessary according to your TA’s feedback.
o Please note: You are not resubmitting your entire Assignment 2. We are only asking you to revise your research question and hypothesis if necessary.
• Description of your methodological approach and design
o State whether your method is quantitative, qualitative, or mixed methods.
Be sure to demonstrate correct understanding of this approach.
o Explain why you have chosen this method.
o Indicate your chosen design (e.g., descriptive, correlational, experimental, case study, interview, focus group, ethnography).
Be sure to demonstrate correct understanding of this design.
o Identify your independent and dependent variables.
o Explain why this design is appropriate to answering your research question.
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• Description of your sample
o Describe who will be in your sample (e.g., gender, age, race/ethnicity, profession)
o Describe where you will locate your sample.
o Describe how you will recruit people to be included. This is separate from where you will locate them.
o Explain why this sample is appropriate to answering your research question and tell us why you are interested in this specific population.
• Create Your Instrument
o Create the instrument you plan on using for your study. Do not simply describe it. Be sure that it will elicit quality data that will help you answer your research question. In addition, pay attention to how your instrument is formatted. It should be well organized and easily interpreted.
o If you are doing a survey, include the survey you will be using.
Surveys should include 5-15 items.
o If you are doing interviews, include your interview questions.
Interviews should include 5-10 questions.
o If you are doing observations, include an example of what your field notes will look like.
Field notes should include a description of the location of the observation, the time of day, the number of people, and what they are doing. You must include all relevant information from the setting that you think will help address your research question. Be sure to include your thoughts about your observations.
o If you are doing an experiment, include the procedure and describe how you will measure your variables.
Be sure to define your independent and dependent variables.
Procedures must include step-by-step instructions for conducting the experiment.
• Description of your sample
o Describe who will be in your sample (e.g., gender, age, race/ethnicity, profession)
o Describe where you will locate your sample.
o Describe how you will recruit people to be included. This is separate from where you will locate them.
o Explain why this sample is appropriate to answering your research question and tell us why you are interested in this specific population.
• Create Your Instrument
o Create the instrument you plan on using for your study. Do not simply describe it. Be sure that it will elicit quality data that will help you answer your research question. In addition, pay attention to how your instrument is formatted. It should be well organized and easily interpreted.
o If you are doing a survey, include the survey you will be using.
Surveys should include 5-15 items.
o If you are doing interviews, include your interview questions.
Interviews should include 5-10 questions.
o If you are doing observations, include an example of what your field notes will look like.
Field notes should include a description of the location of the observation, the time of day, the number of people, and what they are doing. You must include all relevant information from the setting that you think will help address your research question. Be sure to include your thoughts about your observations.
o If you are doing an experiment, include the procedure and describe how you will measure your variables.
Be sure to define your independent and dependent variables.
Procedures must include step-by-step instructions for conducting the experiment.
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*Note: Do not complete this assignment using bullet points. This assignment needs to be conducted in an essay format. In addition, please attempt to keep your writing organized. Every paragraph should have a clear purpose. You may want to think of every black bullet point as its own paragraph if it helps you to keep your writing focused.
*Note: Do not complete this assignment using bullet points. This assignment needs to be conducted in an essay format. In addition, please attempt to keep your writing organized. Every paragraph should have a clear purpose. You may want to think of every black bullet point as its own paragraph if it helps you to keep your writing focused.
Goals: What Is Your Primary Aim?
I've been thinking of a good way to begin this entry, and there's probably no better way to start than by sharing with you what Michael Gerber wrote in his book, The E-Myth Revisited:
"I’d like you to imagine that you are about to attend one of the most important occasions of your life.
It will be held in a room sufficiently large to seat all of your friends, your family, your business associates -- anyone and everyone to whom you are important and who is important to you.
Can you see it?
The walls are draped with deep golden tapestries. The lighting is subdued, soft, causing a warm glow on the faces of your expectant guests. Their chairs are handsomely upholstered in a golden fabric that matches the tapestries. The golden carpeting is deeply piled.
At the front of the room is a dais, and on the dais a large, beautifully decorated table, with candles burning at either end.
That’s your Primary Aim.
"I’d like you to imagine that you are about to attend one of the most important occasions of your life.
It will be held in a room sufficiently large to seat all of your friends, your family, your business associates -- anyone and everyone to whom you are important and who is important to you.
Can you see it?
The walls are draped with deep golden tapestries. The lighting is subdued, soft, causing a warm glow on the faces of your expectant guests. Their chairs are handsomely upholstered in a golden fabric that matches the tapestries. The golden carpeting is deeply piled.
At the front of the room is a dais, and on the dais a large, beautifully decorated table, with candles burning at either end.
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On the table, in the center, is the object of everyone’s attention. A large, shining, ornate box. And in the box is . . . you! Stiff as the proverbial board.
Do you see yourself lying in the box, not a dry eye in the room?
Now, listen.
From the four corners of the room comes a tape recording of your voice. Can you hear it? You’re addressing your guests. You’re telling them the story of your life.
How would you like that story to go?
That’s your Primary Aim.
What would you like to be able to say about your life after it’s too late to do anything about it?
That’s your Primary Aim.
If you were to write a script for the tape to be played for the mourners at your funeral, how would you like it to read?
On the table, in the center, is the object of everyone’s attention. A large, shining, ornate box. And in the box is . . . you! Stiff as the proverbial board.
Do you see yourself lying in the box, not a dry eye in the room?
Now, listen.
From the four corners of the room comes a tape recording of your voice. Can you hear it? You’re addressing your guests. You’re telling them the story of your life.
How would you like that story to go?
That’s your Primary Aim.
What would you like to be able to say about your life after it’s too late to do anything about it?
That’s your Primary Aim.
If you were to write a script for the tape to be played for the mourners at your funeral, how would you like it to read?
That’s your Primary Aim.
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And once you’ve created the script, all you need to do is make it come true.
All you need to do is begin living your life as if it were important.
All you need to do is take your life seriously. To create it intentionally. To actively make your life into the life you wish it to be."
What is your primary aim?
At a restaurant, a waiter comes to your table and asks, “Which entrée would you like?” Pretend, for a moment, that I’m your waiter, at the restaurant of life. And now I’m asking you: What do you want? Who do you want to become? Note, I’m not asking for your opinion on what is possible and what isn’t, or your opinion on what you think you’re capable of and what you aren’t. I’m asking you: What do you truly and seriously want in life?
Do you know? Have you ever taken the time to seriously examine what it is you want most? To sit down quietly with pen and paper in hand and write down -- as specific and as detailed as possible -- your aspirations, your goals?
If not, why? It’s been said that Americans spend more time planning their vacations than they do planning their lives. Does that include you?
And once you’ve created the script, all you need to do is make it come true.
All you need to do is begin living your life as if it were important.
All you need to do is take your life seriously. To create it intentionally. To actively make your life into the life you wish it to be."
What is your primary aim?
At a restaurant, a waiter comes to your table and asks, “Which entrée would you like?” Pretend, for a moment, that I’m your waiter, at the restaurant of life. And now I’m asking you: What do you want? Who do you want to become? Note, I’m not asking for your opinion on what is possible and what isn’t, or your opinion on what you think you’re capable of and what you aren’t. I’m asking you: What do you truly and seriously want in life?
Do you know? Have you ever taken the time to seriously examine what it is you want most? To sit down quietly with pen and paper in hand and write down -- as specific and as detailed as possible -- your aspirations, your goals?
If not, why? It’s been said that Americans spend more time planning their vacations than they do planning their lives. Does that include you?
CLICK HERE to get this paper!!
This task is not easy. It’s absolutely amazing, as I’ve found from my own experience, how difficult it can be to figure out what we want in life. But we absolutely must do this, because if we do not, what will become of us? How would we spend our time?
Zig Ziglar wrote:
Howard Hill was probably the greatest archer who ever drew a bowstring. He was so accurate, he killed a bull elephant, a Bengal tiger, and a Cape buffalo with a bow and arrow. In newsreels, I have seen him repeatedly hit the target dead center. After sending the first arrow to the center of the bullseye, he would then literally split that arrow with his next shot.
Now, I have never shot the bow and arrow to any degree. But I’m here to tell you that if your health is good and your eyesight is good, I could spend 30 minutes with you, and at the end of those 30 minutes, I would have you hitting the bullseye more consistently than Howard Hill did on the best day he ever had.
Provided, we first blindfolded Howard Hill. And spun him around a few times so that he would have no idea which way he was facing.
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I hear you saying, “Zig, that’s ridiculous! Of course he’d lose! How on earth could you possibly hit a target you couldn’t see?” That’s a good question. Here’s a better one:
How can you hit a target you don’t even have?
-Zig Ziglar
This task is not easy. It’s absolutely amazing, as I’ve found from my own experience, how difficult it can be to figure out what we want in life. But we absolutely must do this, because if we do not, what will become of us? How would we spend our time?
Zig Ziglar wrote:
Howard Hill was probably the greatest archer who ever drew a bowstring. He was so accurate, he killed a bull elephant, a Bengal tiger, and a Cape buffalo with a bow and arrow. In newsreels, I have seen him repeatedly hit the target dead center. After sending the first arrow to the center of the bullseye, he would then literally split that arrow with his next shot.
Now, I have never shot the bow and arrow to any degree. But I’m here to tell you that if your health is good and your eyesight is good, I could spend 30 minutes with you, and at the end of those 30 minutes, I would have you hitting the bullseye more consistently than Howard Hill did on the best day he ever had.
Provided, we first blindfolded Howard Hill. And spun him around a few times so that he would have no idea which way he was facing.
CLICK HERE to get this paper!!
I hear you saying, “Zig, that’s ridiculous! Of course he’d lose! How on earth could you possibly hit a target you couldn’t see?” That’s a good question. Here’s a better one:
How can you hit a target you don’t even have?
-Zig Ziglar
The Victorian world in which Kate Chopin lived and wrote was one of strong social restraints. The rules and expectations of marriage, the exaltation of romantic love, and the dominance of the husband over the wife prevented many Victorian women from viewing their circumstances honestly. Write an essay in which you show that Mrs. Mallard in “The Story of an Hour” is–or is not–a victim of Victorian attitudes toward marriage. Support your argument with evidence from Mrs. Mallard’s thoughts in the aftermath of her husband’s presumed death.
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Requirements:
(1) 2-3 pages MLA format (with a Works Cited page)
(2) textual support (summary, paraphrase, AND direct quotes--all with page numbers) in every body paragraph
(3) at least three of the four methods of quote integration
Requirements:
(1) 2-3 pages MLA format (with a Works Cited page)
(2) textual support (summary, paraphrase, AND direct quotes--all with page numbers) in every body paragraph
(3) at least three of the four methods of quote integration
Visual Impression and Organization Analysis
Visual Impression and Organization Analysis
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Task: Choose a short brochure OR choose a home page on the web. Imagine that you are an
external media consultant who has been asked to critique the brochure or home page.
Concentrate your analysis on visual impression and organization (which should be related to
who you think the audience is, what context it’s for, and how it’s used). Skip all direct comment
about content, style and conventions, even though they would matter in reality.
Task: Choose a short brochure OR choose a home page on the web. Imagine that you are an
external media consultant who has been asked to critique the brochure or home page.
Concentrate your analysis on visual impression and organization (which should be related to
who you think the audience is, what context it’s for, and how it’s used). Skip all direct comment
about content, style and conventions, even though they would matter in reality.
Discussion: In any critique, point out good and bad things and explain why you think things are
good or bad. Organize your observations carefully. Lumping your analysis into two huge
paragraphs of “good things” and “bad things” or critiquing your brochure page-by-page are both
bad approaches. Since you plan to continue working with this organization, word your
observations carefully – and ethically. Provide enough detail to show you have considered this in
depth (go beyond the obvious or surface features)
1Parameters: Because this is external, it’s a letter.
Include a copy of your brochure or a printout of your home page w/ the url.
If you wish, you may do this assignment with a partner (one copy, one grade).
Grading criteria are the eight aspects, applied to what you write.
Evaluation: Your content is assessed by…
What you notice (look closely)
How well you explain why things are good and/or bad
What suggestions you might have for keeping/changing things.
good or bad. Organize your observations carefully. Lumping your analysis into two huge
paragraphs of “good things” and “bad things” or critiquing your brochure page-by-page are both
bad approaches. Since you plan to continue working with this organization, word your
observations carefully – and ethically. Provide enough detail to show you have considered this in
depth (go beyond the obvious or surface features)
1Parameters: Because this is external, it’s a letter.
Include a copy of your brochure or a printout of your home page w/ the url.
If you wish, you may do this assignment with a partner (one copy, one grade).
Grading criteria are the eight aspects, applied to what you write.
Evaluation: Your content is assessed by…
What you notice (look closely)
How well you explain why things are good and/or bad
What suggestions you might have for keeping/changing things.
Submit 1 reply that are 300–600 words in response to a classmates' thread. In the reply, indicate whether you agree with the other classmates' opinions, why their assessment of the situation is or is not accurate, why the original posting is or is not in agreement with your assessment of the situation, and what should be done differently. For each thread and each reply, you must support your assertions with at least 3 outside sources (other than the text and course materials) and cited in current APA format. Acceptable sources include: books, legal cases, articles, the Bible, etc. Sources should be more substantial than basic internet dictionaries.
--- I will upload the STUDENT's PAPER and the GRADING RUBRIC that needs to be met.
--- 1 source needs to be from the Bible (any version).
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--- I will upload the STUDENT's PAPER and the GRADING RUBRIC that needs to be met.
--- 1 source needs to be from the Bible (any version).
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Continuous Assessment Instructions:
• MS Word Format. Approx 2000 words.
• Must include the cover page provided and a bibliography.
• Students must sign the plagiarism declaration on the cover page.
• Use only appropriate academic references.
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Irelands building control system failed and needed reform. However, the new building control regulations place significant burdens on architects and designers.
Evaluate this statement making reference to relevant legal authority in support of your evaluation.
Use only these references
:
http://www.matheson.com/
http://www.mccannfitzgerald.ie/
http://www.williamfry.ie/gns/home.aspx
http://www.algoodbody.ie/
http://www.arthurcox.com/
• MS Word Format. Approx 2000 words.
• Must include the cover page provided and a bibliography.
• Students must sign the plagiarism declaration on the cover page.
• Use only appropriate academic references.
CLICK HERE to get this paper!!
Irelands building control system failed and needed reform. However, the new building control regulations place significant burdens on architects and designers.
Evaluate this statement making reference to relevant legal authority in support of your evaluation.
Use only these references
:
http://www.matheson.com/
http://www.mccannfitzgerald.ie/
http://www.williamfry.ie/gns/home.aspx
http://www.algoodbody.ie/
http://www.arthurcox.com/
CONFIDENTIALITY, NON-COMPETITION AND INVENTIONS AGREEMENT[1]
This Confidentiality, Non-Competition, and Inventions Agreement (“Agreement”) is entered into this 17th day of February 2014 between Joseph Martin (“Employee”) and Concordat Company, a corporation organized and existing under the laws of Arizona.
A. Concordat Company and its subsidiaries are collectively referred to as “Concordat” in this Agreement.
B. Concordat desires to employ Employee as Vice President of Marketing, and Employee desires to be employed in that capacity.
C. As an employee of Concordat, Employee would have access to Confidential Information (as defined below).
D. Concordat provides, develops, sells, and markets clothing products and accessories. Much of the marketing work of Concordat is done through the Internet, which is global in coverage and can be accessed by people throughout the world.
E. As a condition of Employee's employment by Concordat, Employee and Concordat enter into this Agreement, the terms of which Employee acknowledges are reasonable and necessary for the protection of the legitimate interests of Concordat.
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AGREEMENT
In consideration of Concordat's employing Employee, the parties agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, the following terms have the following meanings:
a. “Confidential Information” means information proprietary to Concordat and not generally known (including trade secret information) about Concordat's business, customers, products, services, personnel, pricing, sales strategy, marketing efforts, technology, methods, processes, research, development, finances, systems, software, techniques, accounting, purchasing, business strategies, and plans. All information disclosed to Employee or to which Employee obtains access during Employee's Concordat employment, whether originated by Employee or by others, shall be presumed to be Concordat Confidential Information if it is treated by Concordat as being Concordat Confidential Information or if Employee has a reasonable basis to believe it to be Concordat Confidential Information.
d. “Competitor” means any person, corporation, not-for-profit organization, or other entity that provides, develops, sells, or markets clothing products and accessories in any country in which Concordat did business or had customers at any time the last 12 months of Employee’s Concordat employment.
2. CONFIDENTIAL INFORMATION. Except as required in Employee's duties of Concordat employment or as authorized in writing by the Chief Executive Officer or his designee, Employee shall not, either during the Employee's employment by Concordat or at any time thereafter, use or disclose to any person any Confidential Information for any purpose. Employee shall follow all procedures and policies adopted by Concordat from time to time regarding the treatment and protection of Confidential Information.
3. RESTRICTIONS ON COMPETITION. For a period of 12 months after the Employee's Concordat employment ends for any reason, Employee shall:
a. inform any prospective new employer, prior to accepting employment, of the existence of this Agreement and provide such employer a copy of this Agreement;
b. not, directly or indirectly, as employee, consultant, contractor or otherwise, perform services for any Competitor; and
c. not directly or indirectly solicit or attempt to solicit any employee or independent contractor of Concordat to cease working for Concordat.
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4. INVENTIONS.
a. With respect to Inventions developed, made, created, authored, conceived, or reduced to practice by Employee, in whole or in part, either by Employee or in connection with others, during Employee's employment by Concordat (regardless of whether during normal working hours or whether at Concordat premises) or within one year after the termination of that employment for any reason, Employee shall:
(i) keep complete and accurate records of such Inventions, which records shall be Concordat property (except for records related solely to Non-Assigned Inventions, which records must be kept but are not Concordat property);
(ii) comply with all of Concordat's policies and guidelines related to inventions and copyrights, as they may be revised from time to time;
(iii) promptly disclose in writing such Inventions to Concordat;
(iv) assign (and Employee hereby does assign) to Concordat all of Employee's rights to such Inventions (except for Non-Assigned Inventions) and to letters patent and copyrights granted upon such Inventions (except for Non-Assigned Inventions) in all countries; and
(v) execute such documents and do such other acts as may be necessary in the opinion of Concordat to establish and preserve its property rights and to obtain and maintain letters patent and copyrights in favor of Concordat.
Concordat Company
By:
/s/ Chris Fellows
Name:
Chris Fellows
Title:
Executive Vice President and Chief Financial Officer
[1] Based on a June 20, 2006 agreement between Reed Watson and Capella Education Company found online at onecle.com
This Confidentiality, Non-Competition, and Inventions Agreement (“Agreement”) is entered into this 17th day of February 2014 between Joseph Martin (“Employee”) and Concordat Company, a corporation organized and existing under the laws of Arizona.
A. Concordat Company and its subsidiaries are collectively referred to as “Concordat” in this Agreement.
B. Concordat desires to employ Employee as Vice President of Marketing, and Employee desires to be employed in that capacity.
C. As an employee of Concordat, Employee would have access to Confidential Information (as defined below).
D. Concordat provides, develops, sells, and markets clothing products and accessories. Much of the marketing work of Concordat is done through the Internet, which is global in coverage and can be accessed by people throughout the world.
E. As a condition of Employee's employment by Concordat, Employee and Concordat enter into this Agreement, the terms of which Employee acknowledges are reasonable and necessary for the protection of the legitimate interests of Concordat.
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AGREEMENT
In consideration of Concordat's employing Employee, the parties agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, the following terms have the following meanings:
a. “Confidential Information” means information proprietary to Concordat and not generally known (including trade secret information) about Concordat's business, customers, products, services, personnel, pricing, sales strategy, marketing efforts, technology, methods, processes, research, development, finances, systems, software, techniques, accounting, purchasing, business strategies, and plans. All information disclosed to Employee or to which Employee obtains access during Employee's Concordat employment, whether originated by Employee or by others, shall be presumed to be Concordat Confidential Information if it is treated by Concordat as being Concordat Confidential Information or if Employee has a reasonable basis to believe it to be Concordat Confidential Information.
b. “Inventions” means discoveries, improvements, ideas, concepts, processes, formulas, methods, analyses, software, and works of authorship (whether or not reduced to writing or put into practice, and whether or not copyrighted, copyrightable, patented, or patentable) that (1) relate directly to the business of Concordat; (2) relate to Concordat's actual or demonstrably anticipated research or development; (3) result from any work performed by Employee for Concordat; (4) for which equipment, supplies, facilities, or trade secret information of Concordat is used; (5) are developed, created, conceived or reduced to practice using any time for which Employee is compensated by Concordat; or (6) are developed, created, conceived, or reduced to practice during the period in which Employee is employed by Concordat or within one year after the termination of that employment for any reason.
c. “Non-Assigned Inventions” means as any invention for which no equipment, supplies, facility or trade secret information of Concordat was used and which was developed entirely on Employee's own time, and (1) which does not relate (a) directly to the business of Concordat or (b) to Concordat's actual or demonstrably anticipated research and development, or (2) which does not result from any work performed for Concordat.
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c. “Non-Assigned Inventions” means as any invention for which no equipment, supplies, facility or trade secret information of Concordat was used and which was developed entirely on Employee's own time, and (1) which does not relate (a) directly to the business of Concordat or (b) to Concordat's actual or demonstrably anticipated research and development, or (2) which does not result from any work performed for Concordat.
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d. “Competitor” means any person, corporation, not-for-profit organization, or other entity that provides, develops, sells, or markets clothing products and accessories in any country in which Concordat did business or had customers at any time the last 12 months of Employee’s Concordat employment.
2. CONFIDENTIAL INFORMATION. Except as required in Employee's duties of Concordat employment or as authorized in writing by the Chief Executive Officer or his designee, Employee shall not, either during the Employee's employment by Concordat or at any time thereafter, use or disclose to any person any Confidential Information for any purpose. Employee shall follow all procedures and policies adopted by Concordat from time to time regarding the treatment and protection of Confidential Information.
3. RESTRICTIONS ON COMPETITION. For a period of 12 months after the Employee's Concordat employment ends for any reason, Employee shall:
a. inform any prospective new employer, prior to accepting employment, of the existence of this Agreement and provide such employer a copy of this Agreement;
b. not, directly or indirectly, as employee, consultant, contractor or otherwise, perform services for any Competitor; and
c. not directly or indirectly solicit or attempt to solicit any employee or independent contractor of Concordat to cease working for Concordat.
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4. INVENTIONS.
a. With respect to Inventions developed, made, created, authored, conceived, or reduced to practice by Employee, in whole or in part, either by Employee or in connection with others, during Employee's employment by Concordat (regardless of whether during normal working hours or whether at Concordat premises) or within one year after the termination of that employment for any reason, Employee shall:
(i) keep complete and accurate records of such Inventions, which records shall be Concordat property (except for records related solely to Non-Assigned Inventions, which records must be kept but are not Concordat property);
(ii) comply with all of Concordat's policies and guidelines related to inventions and copyrights, as they may be revised from time to time;
(iii) promptly disclose in writing such Inventions to Concordat;
(iv) assign (and Employee hereby does assign) to Concordat all of Employee's rights to such Inventions (except for Non-Assigned Inventions) and to letters patent and copyrights granted upon such Inventions (except for Non-Assigned Inventions) in all countries; and
(v) execute such documents and do such other acts as may be necessary in the opinion of Concordat to establish and preserve its property rights and to obtain and maintain letters patent and copyrights in favor of Concordat.
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If for any reason any such assignment is invalid or ineffective for any reason, then Employee hereby grants Concordat a perpetual, royalty-free, non-exclusive, worldwide license fully to exploit any intellectual property or proprietary rights in such Invention and any copyrights or patents (or other intellectual property or proprietary registrations or applications) resulting therefrom.
b. Concordat shall compensate employees for assigning their rights in inventions that Concordat seeks to protect under patent laws in an amount not to exceed $100 per invention (evenly allocated among all inventors).
If for any reason any such assignment is invalid or ineffective for any reason, then Employee hereby grants Concordat a perpetual, royalty-free, non-exclusive, worldwide license fully to exploit any intellectual property or proprietary rights in such Invention and any copyrights or patents (or other intellectual property or proprietary registrations or applications) resulting therefrom.
b. Concordat shall compensate employees for assigning their rights in inventions that Concordat seeks to protect under patent laws in an amount not to exceed $100 per invention (evenly allocated among all inventors).
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c. If Concordat in good faith believes that any Invention constitutes a Non-Assigned Invention, then Concordat shall inform Employee of that fact within thirty (30) days of receiving a disclosure under subparagraph a(iii) of this Paragraph 4 (unless the parties agree on a different period of time on a case-by-case basis). If Concordat does not so notify Employee and Employee nonetheless in good faith believes that such Invention constitutes a Non-Assigned Invention, then Employee shall inform Concordat within thirty (30) days of the end of the period set forth in the preceding sentence, setting forth reasons for such belief. If within thirty (30) days of Concordat's receipt thereof Concordat informs Employee that it disagrees, then the parties shall attempt in good faith to resolve their disagreement. Employee shall bear the burden of proving that such Invention constitutes a Non-Assigned Invention.
d. Unless proven otherwise, any Invention shall be presumed to have been conceived during Employee's employment with Concordat if within one (1) year after termination of such employment such Invention is disclosed to others, is completed, or has a patent application filed thereon.
c. If Concordat in good faith believes that any Invention constitutes a Non-Assigned Invention, then Concordat shall inform Employee of that fact within thirty (30) days of receiving a disclosure under subparagraph a(iii) of this Paragraph 4 (unless the parties agree on a different period of time on a case-by-case basis). If Concordat does not so notify Employee and Employee nonetheless in good faith believes that such Invention constitutes a Non-Assigned Invention, then Employee shall inform Concordat within thirty (30) days of the end of the period set forth in the preceding sentence, setting forth reasons for such belief. If within thirty (30) days of Concordat's receipt thereof Concordat informs Employee that it disagrees, then the parties shall attempt in good faith to resolve their disagreement. Employee shall bear the burden of proving that such Invention constitutes a Non-Assigned Invention.
d. Unless proven otherwise, any Invention shall be presumed to have been conceived during Employee's employment with Concordat if within one (1) year after termination of such employment such Invention is disclosed to others, is completed, or has a patent application filed thereon.
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e. When developing a product or service for Concordat, (i) Employee shall abide by all of the terms, conditions and policies of Concordat related to development; (ii) Employee shall abide by the terms of any separate agreement between Employee and Concordat related to the development; and (iii) if Employee chooses to include or refer to any materials for which Employee owns the copyright, then Employee hereby grants, and agrees to grant, to Concordat a royalty-free, perpetual, irrevocable, nonexclusive, and fully sublicensable right to use, reproduce, adapt, publish, translate, create derivative works of, distribute, perform, and display such materials (in whole or in part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed, solely in connection with marketing the products.
5. RETURN OF PROPERTY. Upon termination of employment with Concordat, Employee shall deliver promptly to Concordat all records, manuals, books, forms, documents, letters, memoranda, data, tables, photographs, video tapes, audio tapes, computer disks and other computer storage media, and copies thereof, that are the property of Concordat, or that relate in any way to the business, products, services, personnel, customers, practices, or techniques of Concordat, and all other property of Concordat (such as, for example, computers, mobile telephones, tablets, pagers, credit cards, and keys), whether or not containing Confidential Information, that are in Employee' possession or under his control.
e. When developing a product or service for Concordat, (i) Employee shall abide by all of the terms, conditions and policies of Concordat related to development; (ii) Employee shall abide by the terms of any separate agreement between Employee and Concordat related to the development; and (iii) if Employee chooses to include or refer to any materials for which Employee owns the copyright, then Employee hereby grants, and agrees to grant, to Concordat a royalty-free, perpetual, irrevocable, nonexclusive, and fully sublicensable right to use, reproduce, adapt, publish, translate, create derivative works of, distribute, perform, and display such materials (in whole or in part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed, solely in connection with marketing the products.
5. RETURN OF PROPERTY. Upon termination of employment with Concordat, Employee shall deliver promptly to Concordat all records, manuals, books, forms, documents, letters, memoranda, data, tables, photographs, video tapes, audio tapes, computer disks and other computer storage media, and copies thereof, that are the property of Concordat, or that relate in any way to the business, products, services, personnel, customers, practices, or techniques of Concordat, and all other property of Concordat (such as, for example, computers, mobile telephones, tablets, pagers, credit cards, and keys), whether or not containing Confidential Information, that are in Employee' possession or under his control.
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6. REASONABLENESS OF RESTRICTIONS. Employee acknowledges and agrees that the terms of this Agreement are reasonable and necessary for the protection of Confidential Information and business and to prevent damage or loss to Concordat as a result of any action of Employee. Employee specifically acknowledges and agrees that because of the world-wide coverage and accessibility of the Internet, it is not possible to limit further the geographic scope of the restrictions described in Paragraph 3 above in a manner that would still provide reasonable protection for the legitimate interests of Concordat.
7. REMEDIES FOR BREACH. Employee hereby acknowledges and agrees that any breach by Employee of the provisions of this Agreement may cause Concordat irreparable harm for which there is no adequate remedy at law. Therefore, Concordat shall be entitled, in addition to any other remedies available, to injunctive or other equitable relief to require specific performance or to prevent a breach of the provisions of this Agreement. Any delay by Concordat in asserting a right under this Agreement or any failure by Concordat to assert a right under this Agreement will not constitute a waiver by Concordat of any right hereunder, and Concordat may subsequently assert any or all of its rights under this Agreement as if the delay or failure to assert rights had not occurred.
6. REASONABLENESS OF RESTRICTIONS. Employee acknowledges and agrees that the terms of this Agreement are reasonable and necessary for the protection of Confidential Information and business and to prevent damage or loss to Concordat as a result of any action of Employee. Employee specifically acknowledges and agrees that because of the world-wide coverage and accessibility of the Internet, it is not possible to limit further the geographic scope of the restrictions described in Paragraph 3 above in a manner that would still provide reasonable protection for the legitimate interests of Concordat.
7. REMEDIES FOR BREACH. Employee hereby acknowledges and agrees that any breach by Employee of the provisions of this Agreement may cause Concordat irreparable harm for which there is no adequate remedy at law. Therefore, Concordat shall be entitled, in addition to any other remedies available, to injunctive or other equitable relief to require specific performance or to prevent a breach of the provisions of this Agreement. Any delay by Concordat in asserting a right under this Agreement or any failure by Concordat to assert a right under this Agreement will not constitute a waiver by Concordat of any right hereunder, and Concordat may subsequently assert any or all of its rights under this Agreement as if the delay or failure to assert rights had not occurred.
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8. NO EMPLOYMENT RIGHTS. This Agreement does not require Concordat to employ Employee for any particular length of time and does not restrict the ability of Concordat to terminate the employment relationship. Except as provided in a separate written agreement signed by the Concordat Chief Executive Officer or his designee, Employee's Concordat employment is at-will.
9. PARTIAL INVALIDITY. In the event that any portion of this Agreement is held to be invalid or unenforceable for any reason, that invalidity or unenforceability shall not affect the other portions of this Agreement and the remaining terms and conditions, or portions thereof, shall remain in full force and effect. A court of competent jurisdiction may so modify the objectionable provision as to make it valid, reasonable, and enforceable. It is the intention of the parties that the restrictions imposed by this Agreement be enforced to the maximum permissible extent.
10. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall be enforceable by the parties hereto and their respective successors and assigns.
11. GOVERNING LAW. This Agreement and any disputes arising out of it shall be governed by the laws of the State of Arizona without regard for the conflicts of law principles of any state.
8. NO EMPLOYMENT RIGHTS. This Agreement does not require Concordat to employ Employee for any particular length of time and does not restrict the ability of Concordat to terminate the employment relationship. Except as provided in a separate written agreement signed by the Concordat Chief Executive Officer or his designee, Employee's Concordat employment is at-will.
9. PARTIAL INVALIDITY. In the event that any portion of this Agreement is held to be invalid or unenforceable for any reason, that invalidity or unenforceability shall not affect the other portions of this Agreement and the remaining terms and conditions, or portions thereof, shall remain in full force and effect. A court of competent jurisdiction may so modify the objectionable provision as to make it valid, reasonable, and enforceable. It is the intention of the parties that the restrictions imposed by this Agreement be enforced to the maximum permissible extent.
10. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and shall be enforceable by the parties hereto and their respective successors and assigns.
11. GOVERNING LAW. This Agreement and any disputes arising out of it shall be governed by the laws of the State of Arizona without regard for the conflicts of law principles of any state.
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12. FORUM SELECTION. Any disputes arising out of or related to this Agreement shall be litigated only in Arizona state courts or in the United States District Court for the District of Arizona, and Concordat and Employee hereby consent to the exercise of personal jurisdiction over them for that purpose by Arizona state courts and the United States District Court for the District of Arizona. Neither employee nor Concordat shall commence litigation against the other arising out of or related to this Agreement in any court outside the state of Arizona.
EMPLOYEE
By:
/s/ JOSEPH MARTIN
12. FORUM SELECTION. Any disputes arising out of or related to this Agreement shall be litigated only in Arizona state courts or in the United States District Court for the District of Arizona, and Concordat and Employee hereby consent to the exercise of personal jurisdiction over them for that purpose by Arizona state courts and the United States District Court for the District of Arizona. Neither employee nor Concordat shall commence litigation against the other arising out of or related to this Agreement in any court outside the state of Arizona.
EMPLOYEE
By:
/s/ JOSEPH MARTIN
Concordat Company
By:
/s/ Chris Fellows
Name:
Chris Fellows
Title:
Executive Vice President and Chief Financial Officer
[1] Based on a June 20, 2006 agreement between Reed Watson and Capella Education Company found online at onecle.com
LICENSE AGREEMENT[1]
THIS AGREEMENT is effective as of the 17th day of February 2014, by and between the Janessa Bailey (hereinafter called "LICENSOR"), and Concordat Company, a corporation organized and existing under the laws of Arizona (hereinafter called "LICENSEE").
THIS AGREEMENT is effective as of the 17th day of February 2014, by and between the Janessa Bailey (hereinafter called "LICENSOR"), and Concordat Company, a corporation organized and existing under the laws of Arizona (hereinafter called "LICENSEE").
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WHEREAS, LICENSOR is the owner of service marks (the "Marks") which are likenesses of Janessa Bailey, one of which has been registered by the U.S. Patent and Trademark Office (Registration No. 9,876,543) for use in connection with "retail clothing store services; licensing others the right to use and/or exploit the likeness of Janessa Bailey," and another of which has been registered by the U.S. Patent and Trademark Office (Registration No. 7,654,321) for use in connection with accessories and clothing alterations; and
WHEREAS, LICENSEE is desirous of continuing to use the Marks in its business in connection with the activities denominated by the Marks;
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter set forth, the parties agree as follows:
JANESSA BAILEY
By:
/s/ JANESSA BAILEY
Janessa Bailey
Concordat Company
By:
/s/ Chris Fellows
Name:
Chris Fellow
Title:
Executive Vice President and Chief Financial Officer
[1] Based on a November 5, 2010 agreement between the Janessa Bailey 1988 Living Trust, and The Men's Wearhouse, Inc.
WHEREAS, LICENSOR is the owner of service marks (the "Marks") which are likenesses of Janessa Bailey, one of which has been registered by the U.S. Patent and Trademark Office (Registration No. 9,876,543) for use in connection with "retail clothing store services; licensing others the right to use and/or exploit the likeness of Janessa Bailey," and another of which has been registered by the U.S. Patent and Trademark Office (Registration No. 7,654,321) for use in connection with accessories and clothing alterations; and
WHEREAS, LICENSEE is desirous of continuing to use the Marks in its business in connection with the activities denominated by the Marks;
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter set forth, the parties agree as follows:
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1. GRANT OF LICENSE
LICENSOR grants to LICENSEE and its affiliates and subsidiaries a worldwide exclusive, nontransferable license to use the Marks in connection with the services listed in the above mentioned registrations and applications. LICENSEE shall, however, have the right to assign the license to its affiliates and subsidiaries or to a purchaser of the majority of LICENSEE's assets. LICENSEE accepts the license subject to the following additional terms and conditions.
2. LICENSEE FEE
LICENSEE shall pay LICENSOR an annual license fee of $10,000 payable by February 28 of each year, beginning February 28, 2014, as long as Janessa Bailey remains an employee of LICENSEE. After Janessa Bailey ceases to be an employee of LICENSEE, whether as a result of death, disability, retirement or otherwise, LICENSEE shall pay to LICENSOR, or its successor in interest, as the case may be, $250,000 per year for a period of four years, payable in annual installments as follow: (a) if Janessa Bailey ceases to be an employee of LICENSEE as a result of the death of Janessa Bailey, the first annual installment shall be paid on the last day of the month in which Janessa Bailey dies and the remaining installment payments shall be paid annually on the corresponding day of the same month in each of the three following years and (b) if Janessa Bailey ceases to be an employee of LICENSEE for any other reason, the first annual installment shall be paid on the date that is six months following the date that Janessa Bailey incurs a Separation From Service from LICENSEE and the remaining installment payments shall be paid annually in each of the three following years on the last day of the month in which occurs the anniversary of the date that Janessa Bailey incurred a Separation From Service from LICENSEE.
1. GRANT OF LICENSE
LICENSOR grants to LICENSEE and its affiliates and subsidiaries a worldwide exclusive, nontransferable license to use the Marks in connection with the services listed in the above mentioned registrations and applications. LICENSEE shall, however, have the right to assign the license to its affiliates and subsidiaries or to a purchaser of the majority of LICENSEE's assets. LICENSEE accepts the license subject to the following additional terms and conditions.
2. LICENSEE FEE
LICENSEE shall pay LICENSOR an annual license fee of $10,000 payable by February 28 of each year, beginning February 28, 2014, as long as Janessa Bailey remains an employee of LICENSEE. After Janessa Bailey ceases to be an employee of LICENSEE, whether as a result of death, disability, retirement or otherwise, LICENSEE shall pay to LICENSOR, or its successor in interest, as the case may be, $250,000 per year for a period of four years, payable in annual installments as follow: (a) if Janessa Bailey ceases to be an employee of LICENSEE as a result of the death of Janessa Bailey, the first annual installment shall be paid on the last day of the month in which Janessa Bailey dies and the remaining installment payments shall be paid annually on the corresponding day of the same month in each of the three following years and (b) if Janessa Bailey ceases to be an employee of LICENSEE for any other reason, the first annual installment shall be paid on the date that is six months following the date that Janessa Bailey incurs a Separation From Service from LICENSEE and the remaining installment payments shall be paid annually in each of the three following years on the last day of the month in which occurs the anniversary of the date that Janessa Bailey incurred a Separation From Service from LICENSEE.
The term "Separation From Service" shall have the meaning ascribed to such terms in section 409A of the Internal Revenue Code of 1986, as amended, and the rules, regulations and guidance issued thereunder by the Internal Revenue Service and the Department of Treasury. At its option and in its sole discretion, LICENSEE may continue the License and this License Agreement in effect, after the four year period, for consecutive annual periods by giving LICENSOR or its successor in interest, as the case may be, 60 days written notice of LICENSEE'S intention to continue the License prior to the end of the initial four year period and prior to the end of each additional one year period and by continuing to pay LICENSOR or its successor in interest, as the case may be, $250,000 a year in equal monthly installments. LICENSEE may continue to exercise its option to extend the License and this License Agreement for one year periods indefinitely; provided that if at any time the LICENSEE fails to extend the License or fails to make the payment required to extend the License, LICENSOR or its successor in interest, as the case may be, shall have the right to terminate the License and this License Agreement upon written notice to the LICENSEE.
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3. OWNERSHIP OF THE MARKS
LICENSEE acknowledges the ownership of the Marks in LICENSOR, agrees that it will do nothing inconsistent with such ownership and that all use of the Marks by LICENSEE shall inure to the benefit of and be on behalf of LICENSOR. LICENSEE agrees to assist LICENSOR in registering the Marks or in recording this License Agreement with appropriate government authorities, if any. LICENSEE agrees that nothing in this License Agreement shall give LICENSEE any right, title or interest in the Marks other than the right to use the Marks in accordance with this License Agreement and LICENSEE agrees that it will not attack the title of LICENSOR to the Marks or attack the validity of this License Agreement.
4. QUALITY STANDARDS
LICENSEE agrees that the nature and quality of all products it produces related to the Marks and all related advertising, promotional and other related uses of the Marks shall conform to reasonable standards set by LICENSOR. The parties agree that the quality of LICENSEE's uses of the Marks as of the day this License Agreement is executed are, and shall continue to be, acceptable.
5. QUALITY MAINTENANCE
LICENSEE agrees to cooperate with LICENSOR to facilitate LICENSOR's control of such nature and quality, to permit reasonable inspection of LICENSEE's operation, and to supply LICENSOR with specimens of all uses of the Marks upon request. LICENSEE shall comply with all applicable laws and regulations to obtain all appropriate government approvals pertaining to the sale, distribution and advertising of goods and services covered by this License Agreement.
3. OWNERSHIP OF THE MARKS
LICENSEE acknowledges the ownership of the Marks in LICENSOR, agrees that it will do nothing inconsistent with such ownership and that all use of the Marks by LICENSEE shall inure to the benefit of and be on behalf of LICENSOR. LICENSEE agrees to assist LICENSOR in registering the Marks or in recording this License Agreement with appropriate government authorities, if any. LICENSEE agrees that nothing in this License Agreement shall give LICENSEE any right, title or interest in the Marks other than the right to use the Marks in accordance with this License Agreement and LICENSEE agrees that it will not attack the title of LICENSOR to the Marks or attack the validity of this License Agreement.
4. QUALITY STANDARDS
LICENSEE agrees that the nature and quality of all products it produces related to the Marks and all related advertising, promotional and other related uses of the Marks shall conform to reasonable standards set by LICENSOR. The parties agree that the quality of LICENSEE's uses of the Marks as of the day this License Agreement is executed are, and shall continue to be, acceptable.
5. QUALITY MAINTENANCE
LICENSEE agrees to cooperate with LICENSOR to facilitate LICENSOR's control of such nature and quality, to permit reasonable inspection of LICENSEE's operation, and to supply LICENSOR with specimens of all uses of the Marks upon request. LICENSEE shall comply with all applicable laws and regulations to obtain all appropriate government approvals pertaining to the sale, distribution and advertising of goods and services covered by this License Agreement.
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6. FORM OF USE
LICENSEE agrees to use the Marks only in the form and manner and with appropriate legends as prescribed from time to time by LICENSOR. Those uses existing as of the day this License Agreement is executed are deemed acceptable and representative of the types of uses LICENSOR has approved and such uses together with any other uses approved by LICENSOR thereafter, shall continue to be deemed to be approved even though Janessa Bailey may cease to be an employee for any reason, including death.
7. INFRINGEMENT PROCEEDINGS
LICENSEE agrees to notify LICENSOR of any unauthorized use of the Marks by others as it comes to LICENSEE's attention. LICENSEE shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the Marks. All costs of such proceedings shall be borne by LICENSEE and all benefits received from such proceedings shall be received by LICENSEE.
8. TERM
This License Agreement shall be perpetual unless terminated as provided for herein.
6. FORM OF USE
LICENSEE agrees to use the Marks only in the form and manner and with appropriate legends as prescribed from time to time by LICENSOR. Those uses existing as of the day this License Agreement is executed are deemed acceptable and representative of the types of uses LICENSOR has approved and such uses together with any other uses approved by LICENSOR thereafter, shall continue to be deemed to be approved even though Janessa Bailey may cease to be an employee for any reason, including death.
7. INFRINGEMENT PROCEEDINGS
LICENSEE agrees to notify LICENSOR of any unauthorized use of the Marks by others as it comes to LICENSEE's attention. LICENSEE shall have the sole right and discretion to bring infringement or unfair competition proceedings involving the Marks. All costs of such proceedings shall be borne by LICENSEE and all benefits received from such proceedings shall be received by LICENSEE.
8. TERM
This License Agreement shall be perpetual unless terminated as provided for herein.
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9. TERMINATION FOR CAUSE
LICENSOR shall have the right to terminate this License Agreement upon ten (10) days written notice to LICENSEE (i) if LICENSEE were to use the Marks in a way in violation of the provisions of Section 4 or 6 and shall not have cured such violation within thirty (30) days of written notice thereof, (ii) in the event of any affirmative act of insolvency by LICENSEE, (iii) upon the appointment of any receiver or trustee to take possession of the properties of LICENSEE or upon the winding-up, sale, consolidation, merger (other than a merger in which LICENSEE is the surviving corporation) or any sequestration by governmental authority with respect to LICENSEE, (iv) upon a material breach of any of the other provisions hereof by LICENSEE or (v) upon the occurrence of a Change-in-Control, other than an approved Change-in-Control, but only within the first year after such Change-in-Control. For purposes hereof, an Approved Change-in-Control shall be a Change-in-Control of LICENSEE with respect to which Janessa Bailey either caused a majority of the shares of voting stocks of LICENSEE held directly or indirectly by him to be voted for the transaction giving rise to the Change-in-Control or, as director of LICENSEE, voted in favor thereof. Change-in-Control shall mean, with respect to the LICENSEE, (a) any person or group, as defined under the Securities Exchange Act of 1934, of persons, other than Janessa Bailey or any affiliates of Janessa Bailey, owning or controlling the right to vote 25% or more of the voting stock of LICENSEE; (b) the merger or consolidation of LICENSEE with another person if after giving effect thereto, a person or a group of persons, other than Janessa Bailey or any affiliates of Janessa Bailey, owns or has the power to vote 25% or more of the capital stock of the surviving corporation, (c) the sale of all or substantially all the assets of LICENSEE; or (d) a majority of the members of the board of directors of LICENSEE are persons who were neither approved for nomination by, nor elected to the board of directors of LICENSEE by, a majority of the board of directors who were directors on October 20, 2010, or directors nominated by or elected by a majority of such directors.
9. TERMINATION FOR CAUSE
LICENSOR shall have the right to terminate this License Agreement upon ten (10) days written notice to LICENSEE (i) if LICENSEE were to use the Marks in a way in violation of the provisions of Section 4 or 6 and shall not have cured such violation within thirty (30) days of written notice thereof, (ii) in the event of any affirmative act of insolvency by LICENSEE, (iii) upon the appointment of any receiver or trustee to take possession of the properties of LICENSEE or upon the winding-up, sale, consolidation, merger (other than a merger in which LICENSEE is the surviving corporation) or any sequestration by governmental authority with respect to LICENSEE, (iv) upon a material breach of any of the other provisions hereof by LICENSEE or (v) upon the occurrence of a Change-in-Control, other than an approved Change-in-Control, but only within the first year after such Change-in-Control. For purposes hereof, an Approved Change-in-Control shall be a Change-in-Control of LICENSEE with respect to which Janessa Bailey either caused a majority of the shares of voting stocks of LICENSEE held directly or indirectly by him to be voted for the transaction giving rise to the Change-in-Control or, as director of LICENSEE, voted in favor thereof. Change-in-Control shall mean, with respect to the LICENSEE, (a) any person or group, as defined under the Securities Exchange Act of 1934, of persons, other than Janessa Bailey or any affiliates of Janessa Bailey, owning or controlling the right to vote 25% or more of the voting stock of LICENSEE; (b) the merger or consolidation of LICENSEE with another person if after giving effect thereto, a person or a group of persons, other than Janessa Bailey or any affiliates of Janessa Bailey, owns or has the power to vote 25% or more of the capital stock of the surviving corporation, (c) the sale of all or substantially all the assets of LICENSEE; or (d) a majority of the members of the board of directors of LICENSEE are persons who were neither approved for nomination by, nor elected to the board of directors of LICENSEE by, a majority of the board of directors who were directors on October 20, 2010, or directors nominated by or elected by a majority of such directors.
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10. EFFECT OF TERMINATION
Upon termination of this License Agreement, LICENSEE agrees to promptly discontinue all use of the Marks, to cooperate with LICENSOR or its appointed agent to apply to the appropriate authorities to cancel recording of this License Agreement from all government records, to destroy all materials bearing the Marks, and that all rights in the Marks and the goodwill connected therewith shall remain the property of LICENSOR.
11. INTERPRETATION OF AGREEMENT
It is agreed that this License Agreement shall be interpreted according to the laws of the State of Arizona.
12. ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and supersedes and terminates all prior agreements, arrangements or understandings and all obligations, both written and oral, between the parties with respect to the Marks.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the day and year first above written.
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10. EFFECT OF TERMINATION
Upon termination of this License Agreement, LICENSEE agrees to promptly discontinue all use of the Marks, to cooperate with LICENSOR or its appointed agent to apply to the appropriate authorities to cancel recording of this License Agreement from all government records, to destroy all materials bearing the Marks, and that all rights in the Marks and the goodwill connected therewith shall remain the property of LICENSOR.
11. INTERPRETATION OF AGREEMENT
It is agreed that this License Agreement shall be interpreted according to the laws of the State of Arizona.
12. ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement of the parties regarding the subject matter hereof, and supersedes and terminates all prior agreements, arrangements or understandings and all obligations, both written and oral, between the parties with respect to the Marks.
IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed as of the day and year first above written.
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JANESSA BAILEY
By:
/s/ JANESSA BAILEY
Janessa Bailey
Concordat Company
By:
/s/ Chris Fellows
Name:
Chris Fellow
Title:
Executive Vice President and Chief Financial Officer
[1] Based on a November 5, 2010 agreement between the Janessa Bailey 1988 Living Trust, and The Men's Wearhouse, Inc.
ACC 205
ACC 205
Assignment 2
Due Date: ______
For assignment 2 you are to read the two contracts in the BbLearn Shell and answer the following questions. These questions relate to the contracts themselves as well as to the subject matter of the contract. You may be required to look up terminology and review or read ahead in the book. Point values are listed after each question.
Use the Confidentiality Agreement to answer questions 1-9.
1) What is the consideration in this contract (something must go both ways – what is it each way)? (4 points)
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2) In February 2014, Joseph Martin quits and leaves Concordat Company. According to the agreement between Concordat and Martin, for how long must he refrain from working for a competitor? (2 points).
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3) There are several things that Martin must do if he quits Concordat (in addition to the non-compete in the above question). List 5 of those things and the paragraph (including subparagraph numbers) where you found those requirements. (10 points)
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4) If Martin develops an invention in April 2014 (after he leaves the company) and he files a patent application on it, what is the status of that invention? In what paragraph is that information found: (2 points)
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5) What is the geographic restriction of the noncompete and how is it that it will not be considered too broad. In what two paragraphs is that information? (4 points)
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6) Martin and three others worked together at Concordat to develop 200 inventions. When Martin leaves, how much money will he get if Concordat decides to protect those patents and in what paragraph is that information found? (6 points)
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7) In paragraph 7, Remedies for Breach, it states that Concordat can obtain injunctive relief. What does that mean? (4 points)
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8) What is the effect of Paragraph 8? (6 points)
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9) What is the effect of Paragraph 9? (6 points)
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10) If Martin leaves the company and assigns his rights in writing to Concordat, but something is wrong with the written assignment and all of the copyright assignments are considered invalid, how does this contract handle that and where did you find the answer? (6 points)
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Assignment 2
Due Date: ______
For assignment 2 you are to read the two contracts in the BbLearn Shell and answer the following questions. These questions relate to the contracts themselves as well as to the subject matter of the contract. You may be required to look up terminology and review or read ahead in the book. Point values are listed after each question.
Use the Confidentiality Agreement to answer questions 1-9.
1) What is the consideration in this contract (something must go both ways – what is it each way)? (4 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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2) In February 2014, Joseph Martin quits and leaves Concordat Company. According to the agreement between Concordat and Martin, for how long must he refrain from working for a competitor? (2 points).
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
3) There are several things that Martin must do if he quits Concordat (in addition to the non-compete in the above question). List 5 of those things and the paragraph (including subparagraph numbers) where you found those requirements. (10 points)
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_____________________________________________________________________
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4) If Martin develops an invention in April 2014 (after he leaves the company) and he files a patent application on it, what is the status of that invention? In what paragraph is that information found: (2 points)
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5) What is the geographic restriction of the noncompete and how is it that it will not be considered too broad. In what two paragraphs is that information? (4 points)
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6) Martin and three others worked together at Concordat to develop 200 inventions. When Martin leaves, how much money will he get if Concordat decides to protect those patents and in what paragraph is that information found? (6 points)
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_____________________________________________________________________
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7) In paragraph 7, Remedies for Breach, it states that Concordat can obtain injunctive relief. What does that mean? (4 points)
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8) What is the effect of Paragraph 8? (6 points)
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_____________________________________________________________________
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9) What is the effect of Paragraph 9? (6 points)
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10) If Martin leaves the company and assigns his rights in writing to Concordat, but something is wrong with the written assignment and all of the copyright assignments are considered invalid, how does this contract handle that and where did you find the answer? (6 points)
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_____________________________________________________________________
_____________________________________________________________________
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Use the License Agreement to answer questions 10 – 20.
11) If a competing company starts to market a brand of clothing and puts a picture of a woman who looks remarkably like Janessa Bailey on the product, what are the responsibilities of the parties to this contract? Who has the right to sue for the third party and in what paragraph did you find this information? (6 points)
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12) If Ms. Bailey sets forth reasonable standards for the use of the marks and then Concordat uses the marks in a way that does not comply with the standards, what can Ms. Bailey do about it and where did you find this information? (6 points)
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13) Janessa puts together a list of standards that should control how she wants her picture to be used. Three weeks later, she changes the standards a bit. Then three weeks later she does it again. If this is a violation of the agreement, what provision would Concordat point to and what is the argument that this is a violation? (6 points)
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14) If Janessa dies on March 15, 2018, what responsibility does Concordat have and where did you find that information? (6 points)
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15) If Janessa terminates the agreement for cause, what does Concordat have to do and where do you find that information? (4 points)
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16) What is the consideration in this contract? (4 points)
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17) What is the evidence of capacity in this contract? (4 points)
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18) The contract uses the terms “worldwide exclusive, nontransferable” to describe the license (see paragraph 1). What does that mean? (6 points)
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19) What are the exceptions to the nontransferable description and where did you find it? (4 points)
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20) If there is a dispute between Janessa and Concordat, in what forum is it likely to be heard? Why? (2 points)
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21) If Concordat uses the marks as intended, and Janessa maintains reasonable standards, how long will the agreement last and where do you find that information? (2 points)
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11) If a competing company starts to market a brand of clothing and puts a picture of a woman who looks remarkably like Janessa Bailey on the product, what are the responsibilities of the parties to this contract? Who has the right to sue for the third party and in what paragraph did you find this information? (6 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
12) If Ms. Bailey sets forth reasonable standards for the use of the marks and then Concordat uses the marks in a way that does not comply with the standards, what can Ms. Bailey do about it and where did you find this information? (6 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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13) Janessa puts together a list of standards that should control how she wants her picture to be used. Three weeks later, she changes the standards a bit. Then three weeks later she does it again. If this is a violation of the agreement, what provision would Concordat point to and what is the argument that this is a violation? (6 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
14) If Janessa dies on March 15, 2018, what responsibility does Concordat have and where did you find that information? (6 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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15) If Janessa terminates the agreement for cause, what does Concordat have to do and where do you find that information? (4 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
16) What is the consideration in this contract? (4 points)
_____________________________________________________________________
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_____________________________________________________________________
_____________________________________________________________________
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17) What is the evidence of capacity in this contract? (4 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
18) The contract uses the terms “worldwide exclusive, nontransferable” to describe the license (see paragraph 1). What does that mean? (6 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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19) What are the exceptions to the nontransferable description and where did you find it? (4 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
20) If there is a dispute between Janessa and Concordat, in what forum is it likely to be heard? Why? (2 points)
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
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21) If Concordat uses the marks as intended, and Janessa maintains reasonable standards, how long will the agreement last and where do you find that information? (2 points)
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___________________________________________
you have to read the two contracts, Shell and answer the following questions.
there will be 3 attachment,
Use the Confidentiality Agreement to answer questions 1-9.
Use the License Agreement to answer questions 10 – 20.
Question 1
From the confidentiality agreement, a consideration can be deduced by a keen leaner. The consideration has not been explained vividly but in my own opinion, any contract has terms. The employee is required to abide by the agreements in return for a prolonged engagement with the firm. The organization will benefit and at the same time, the employee benefits.
Question 2
According to the document, an employee is not expected to work for a competitor until a period of 12 months elapses since the time the employee left concordat.
Question 3
The five things that the employee is expected to do are:
i. Martin should notify his new employer about the existence of the agreement. In addition, he should provide the employer a copy of the agreement.
ii. Martin should not provide any form of assistance to the competitor until 12 months are over.
iii. He should not in any way try to convince current concordat employees to stop working for the organization (Sub paragraph 3)
iv. Martin is expected to return the property which belongs to the organization ( sub paragraph 5)
v. The employee will shall not request for any additional compensation.
there will be 3 attachment,
Use the Confidentiality Agreement to answer questions 1-9.
Use the License Agreement to answer questions 10 – 20.
Question 1
From the confidentiality agreement, a consideration can be deduced by a keen leaner. The consideration has not been explained vividly but in my own opinion, any contract has terms. The employee is required to abide by the agreements in return for a prolonged engagement with the firm. The organization will benefit and at the same time, the employee benefits.
Question 2
According to the document, an employee is not expected to work for a competitor until a period of 12 months elapses since the time the employee left concordat.
Question 3
The five things that the employee is expected to do are:
i. Martin should notify his new employer about the existence of the agreement. In addition, he should provide the employer a copy of the agreement.
ii. Martin should not provide any form of assistance to the competitor until 12 months are over.
iii. He should not in any way try to convince current concordat employees to stop working for the organization (Sub paragraph 3)
iv. Martin is expected to return the property which belongs to the organization ( sub paragraph 5)
v. The employee will shall not request for any additional compensation.
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Question 4
It will be deemed that he made the invention while still working at concordat because 12 months are not over since he left (paragraph number 4a).
Question 5
According to the terms, it is not possible to define the exact geographic borders because the use of the internet may not assure geographic protection (Paragraph 6)
Question 6
The agreement reveals that an amount not exceeding $100 per invention will be given out evenly among all those who participated in the invention (paragraph 4, b). Therefore he will receive at most $20000.
Question 7
It means that Concordat can take appropriate actions against those who breached the contract.
Question8
Concordat does not offer permanent jobs. It can hire and fire at its discretion.
Question 4
It will be deemed that he made the invention while still working at concordat because 12 months are not over since he left (paragraph number 4a).
Question 5
According to the terms, it is not possible to define the exact geographic borders because the use of the internet may not assure geographic protection (Paragraph 6)
Question 6
The agreement reveals that an amount not exceeding $100 per invention will be given out evenly among all those who participated in the invention (paragraph 4, b). Therefore he will receive at most $20000.
Question 7
It means that Concordat can take appropriate actions against those who breached the contract.
Question8
Concordat does not offer permanent jobs. It can hire and fire at its discretion.
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Question 9
It means that the agreement may contain inapplicable premises but that will not affect the validity of the agreement. The agreement will always be termed correct.
Question 10
If the rights were considered invalid by the law, then the agreement will be overruled because the laws of the state are superior (paragraph 11). In addition, the employee shall grant a royalty fee to the organization (paragraph 4)
Question 11
The licensee should use the marks appropriately as indicated by the licensor (paragraph 6) the licensee has a responsibility to notify the licensor of any unauthorized use of the mark. The licensee should also initiate unfair competition proceedings where he/she will bear the costs. The benefits from the proceedings shall also be enjoyed by the licensee (paragraph 7)
Question 12
The licensor may terminate the agreement once 10 days of written notice to the licensee elapses. It is a violation of section 4 and six (paragraph 9)
Question 13
It is not a violation of agreement (paragraph 6). The licensee shall accept the marks in the form that is prescribed by the licensor.
Question 9
It means that the agreement may contain inapplicable premises but that will not affect the validity of the agreement. The agreement will always be termed correct.
Question 10
If the rights were considered invalid by the law, then the agreement will be overruled because the laws of the state are superior (paragraph 11). In addition, the employee shall grant a royalty fee to the organization (paragraph 4)
Question 11
The licensee should use the marks appropriately as indicated by the licensor (paragraph 6) the licensee has a responsibility to notify the licensor of any unauthorized use of the mark. The licensee should also initiate unfair competition proceedings where he/she will bear the costs. The benefits from the proceedings shall also be enjoyed by the licensee (paragraph 7)
Question 12
The licensor may terminate the agreement once 10 days of written notice to the licensee elapses. It is a violation of section 4 and six (paragraph 9)
Question 13
It is not a violation of agreement (paragraph 6). The licensee shall accept the marks in the form that is prescribed by the licensor.
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Question 14
1. Concord shall pay a specified interest to the licensor (paragraph 2).
2. The initial installment (annual installment) at a specified date.
Question 15
Concord shall discontinue the use of the marks. It is also expected to destroy anything that has the marks (paragraph 10)
Question 16
The consideration is that both parties must honor the terms of the contract.
Question 17
The evidence comes out from the fact that both parties meet the terms of the contract. The licensor has what the licensee wants. The licensee has also confirmed that it will abide by what is required.
Question 18
It refers to something that has no geographical boundaries and that its rights cannot be transferred to the other party.
Question 14
1. Concord shall pay a specified interest to the licensor (paragraph 2).
2. The initial installment (annual installment) at a specified date.
Question 15
Concord shall discontinue the use of the marks. It is also expected to destroy anything that has the marks (paragraph 10)
Question 16
The consideration is that both parties must honor the terms of the contract.
Question 17
The evidence comes out from the fact that both parties meet the terms of the contract. The licensor has what the licensee wants. The licensee has also confirmed that it will abide by what is required.
Question 18
It refers to something that has no geographical boundaries and that its rights cannot be transferred to the other party.
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Question 19
Paragraph 2, If Janessa ceases to be an employee of concord, then new terms shall be arranged.
Question 20
The dispute will be held in a forum comprising parties from the licensee. They will discuss the matter while considering results that will occur if Janessa leaves the organization.
Question 21
This contract will last for one year (paragraph 2). However, it is perpetual in nature. If the licensee abides by the requirements, the contract shall be renewed (paragraph 8)
Question 19
Paragraph 2, If Janessa ceases to be an employee of concord, then new terms shall be arranged.
Question 20
The dispute will be held in a forum comprising parties from the licensee. They will discuss the matter while considering results that will occur if Janessa leaves the organization.
Question 21
This contract will last for one year (paragraph 2). However, it is perpetual in nature. If the licensee abides by the requirements, the contract shall be renewed (paragraph 8)
501: DIVERSITY OF AMERICAN EDUCATION
501: DIVERSITY OF AMERICAN EDUCATION
2. The family and the school are examples of
A. microcultures.
B. ethnic groups.
C. minority groups.
D. subcultures.
PART A: MULTIPLE-CHOICE QUESTIONS
1. Which of the following are examples of subcultures?
A. German and French
B. corporate and drug cultures
C. male and female
D. Catholic and Jewish
1. Which of the following are examples of subcultures?
A. German and French
B. corporate and drug cultures
C. male and female
D. Catholic and Jewish
2. The family and the school are examples of
A. microcultures.
B. ethnic groups.
C. minority groups.
D. subcultures.
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3. Members of an ethnic group share
A. a sense of peoplehood and shared identity.
B. a common future.
C. a common history and heritage.
D. a sense of peoplehood and shared identity as well as a common history and heritage.
4. The term minority group refers to
A. a group that experiences discrimination and separation from the larger society.
B. a group that may occupy a subordinate position in society.
C. a group that has minority status, yet may have a majority population.
D. All of the answers are correct.
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5. The term people of color is the preferred term in use today because
A. it refers to all minority groups within the United States.
B. it refers to nonwhite groups within the United States, which may in some communities, be the majority.
C. it is a broad term used for all ethnic group identification within the United States.
D. it enables people to be less specific when referring to minority groups.
6. How do subjective elements of culture differ from elements of objective culture?
A. Subjective elements refer to the less tangible aspects of people’s culture, such as their thoughts, attitudes, and values.
B. Subjective elements are products of all people, while objective elements are products of only certain groups.
C. Subjective elements refer to the visible and tangible products that people make, such as their artifacts and the food they eat.
D. Subjective elements are of most interest to the cross-cultural psychologist, while
objective elements are of interest to anthropologists.
3. Members of an ethnic group share
A. a sense of peoplehood and shared identity.
B. a common future.
C. a common history and heritage.
D. a sense of peoplehood and shared identity as well as a common history and heritage.
4. The term minority group refers to
A. a group that experiences discrimination and separation from the larger society.
B. a group that may occupy a subordinate position in society.
C. a group that has minority status, yet may have a majority population.
D. All of the answers are correct.
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5. The term people of color is the preferred term in use today because
A. it refers to all minority groups within the United States.
B. it refers to nonwhite groups within the United States, which may in some communities, be the majority.
C. it is a broad term used for all ethnic group identification within the United States.
D. it enables people to be less specific when referring to minority groups.
6. How do subjective elements of culture differ from elements of objective culture?
A. Subjective elements refer to the less tangible aspects of people’s culture, such as their thoughts, attitudes, and values.
B. Subjective elements are products of all people, while objective elements are products of only certain groups.
C. Subjective elements refer to the visible and tangible products that people make, such as their artifacts and the food they eat.
D. Subjective elements are of most interest to the cross-cultural psychologist, while
objective elements are of interest to anthropologists.
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7. How do culture-general concepts differ from culture-specific concepts?
A. Culture-general concepts are more numerous, and therefore, more useful.
B. Culture-general concepts are ones that can be applied to all cultural groups.
C. Culture-general concepts are most applicable in the educational setting.
D. Culture-general concepts are the only ones supported by research.
8. In a pluralistic society such as the United States, individuals tend to identify with
A. only one group.
B. no groups at all.
C. more than one group.
D. None of the answers are correct.
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9. Socialization refers to
A. the process by which people get to know one another.
B. the process by which teachers get to know their students.
C. the process by which sociologists interview people.
D. the process by which children learn to be a member of their group(s).
10. Ethnocentrism refers to
A. the tendency people have to look to ethnicity as a reason to explain school failure.
B. the tendency people have to think that the world revolves around them.
C. the tendency people have to judge others according to their own criteria.
D. the tendency people have to prefer to socialize with others that are like themselves.
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11. Categorization is
A. the process by which people make judgments of others.
B. the process by which people learn what is expected of them in a new role.
C. the process by which people report what stimulates their senses.
D. the process by which people sort and group stimuli to simplify their world.
12. Although the socialization process is powerful, it does have limits. Which of the following exemplify one of those limits?
A. Human beings are passive recipients of their socialization.
B. Human beings pay little attention to their socialization.
C. Human beings are not passive recipients of their socialization.
D. Human beings are not limited by physical characteristics.
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13. When teachers are acting as cultural mediators, they
A. pay little attention to the needs of diverse learners.
B. are knowledgeable about the role of culture in teaching and learning.
C. keep students with different backgrounds apart from one another.
D. seek to find differences among their students.
14. Acculturation refers to the changes that take place as a result of
A. continuous firsthand contact between individuals of different cultures.
B. the study of multiple cultures, such as in a college-level cultural diversity course.
C. the implementation of multicultural programs in public schools such as Black History Month.
D. participating in a foreign language class at the high school or college level.
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15. Some researchers suggest that developing an in-depth understanding of other cultures may
A. be easier than one believes it will be.
B. not be worth the trouble.
C. take as long as two years.
D. make us entirely different people.
16. The following are culture-general themes that reflect people’s emotional responses:
A. time and spatial orientation, anxiety, and prejudice.
B. belonging, prejudice, and communication.
C. disconfirmed expectations, belonging, and categorization.
D. belonging, disconfirmed expectations, and ambiguity.
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17. The degree to which one has prestige and power in one’s social group is referred to as
A. differentiation.
B. social status.
C. categorization.
D. roles.
18. Which of the following is not an area in which adjustments may be made as one reshapes one’s cultural identity?
A. categorization
B. differentiation
C. attribution
D. All of the answers are correct.
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19. The major goal of the culture-general model is to
A. encourage world peace.
B. make everyone on the planet one “people.”
C. assist individuals in identifying commonalities in other people.
D. None of the answers are correct.
20. Another goal of the culture-general model is to
A. introduce multicultural education to the world.
B. assist individuals in identifying “invisible” differences that may make a difference.
C. keep individuals from thinking about difference.
D. promote more cohesion among ethnic groups.
21. Developmental models provide a
A. model of child development.
B. hierarchical scheme whereby an individual progresses from one level to the next.
C. way of understanding psychology.
D. None of the answers are correct.
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22. Developmental models have recently begun to emerge with respect to
A. adolescent identity.
B. adult identity.
C. religious identity.
D. ethnic and racial identity.
23. Individuals who have a strong sense of their own ethnicity, as well as a healthy understanding and respect for others can be said to be in Banks’ category of development called
A. ethnic psychological captivity.
B. biethnicity.
C. ethnic encapsulation.
D. ethnic identity clarification.
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24. In the Cross-Spring model of ethnic and racial identity, the pre-encounter stage is one in which
A. one assumes a new ethnic identity.
B. one is confronted by an incident that forces questioning of beliefs.
C. one internalizes negative stereotypes from the mainstream society.
D. one lives comfortably in two worlds.
25. The ability to adapt to and value cultural differences is a characteristic of a
A. member of a pluralistic society.
B. person who has grown up in a monocultural environment.
C. person who dislikes people who are different.
D. person who is interculturally competent.
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26. In general, an increase in cultural awareness is accompanied by a/an
A. increase in emotional intelligence.
B. increase in cognitive sophistication.
C. decrease in emotional intelligence.
D. decrease in cognitive sophistication.
27. Early studies of intercultural competence suggest that effectively working across cultures
means that
A. one can manage psychological stress.
B. one is able to communicate effectively.
C. one can develop new and essential interpersonal relationships.
D. All of the answers are correct.
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28. All of the following are examples of interculturally competent skills, except
A. the ability to be nonjudgmental.
B. the ability to interpret behavior from more than one perspective.
C. the ability to be intolerant of those who are different from oneself.
D. the ability to mediate conflicts.
29. Bennett’s Developmental Model of Intercultural Sensitivity (DMIS) provides a continuum
from
A. individual to social development.
B. ethnocentric to ethnorelative development.
C. insensitive to sensitive development.
D. None of the answers are correct.
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30. According to Bennett, the inability or unwillingness to see cultural differences is called
A. defense.
B. minimization.
C. denial.
D. acceptance.
31. When one can accept superficial cultural differences but still assert that people are more alike than they are different, one is in the
A. denial stage of the DMIS.
B. adaptation stage of the DMIS.
C. minimization stage of the DMIS.
D. acceptance stage of the DMIS.
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32. When one can see cultural categories as flexible and becomes more competent in one’s
ability to communicate with those who are different from oneself, it can be said that one is in the
stage of
A. adaptation.
B. acceptance.
C. integration.
D. minimization.
33. During the adaptation stage of the DMIS, the individual is able to
A. shift frames of reference.
B. treat all people exactly the same.
C. ignore his or her own ethnic identity.
D. internalize negative stereotypes.
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PART B: COMPLETE SHORT-ESSAY QUESTIONS.
1. In Cushner’s book, the authors discuss three problems with the culture-specific approach to understanding groups and increasing awareness of particular groups of people. Name the three problems and give examples from your life experience that demonstrate your understanding of the problems.
2. Reflect upon a time in your life when you made a major transition. Identify the phases of the U-curve as they applied to your transition experience. Why is it helpful for teachers to understand this process? Why is it helpful for students to understand this process?
7. How do culture-general concepts differ from culture-specific concepts?
A. Culture-general concepts are more numerous, and therefore, more useful.
B. Culture-general concepts are ones that can be applied to all cultural groups.
C. Culture-general concepts are most applicable in the educational setting.
D. Culture-general concepts are the only ones supported by research.
8. In a pluralistic society such as the United States, individuals tend to identify with
A. only one group.
B. no groups at all.
C. more than one group.
D. None of the answers are correct.
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9. Socialization refers to
A. the process by which people get to know one another.
B. the process by which teachers get to know their students.
C. the process by which sociologists interview people.
D. the process by which children learn to be a member of their group(s).
10. Ethnocentrism refers to
A. the tendency people have to look to ethnicity as a reason to explain school failure.
B. the tendency people have to think that the world revolves around them.
C. the tendency people have to judge others according to their own criteria.
D. the tendency people have to prefer to socialize with others that are like themselves.
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11. Categorization is
A. the process by which people make judgments of others.
B. the process by which people learn what is expected of them in a new role.
C. the process by which people report what stimulates their senses.
D. the process by which people sort and group stimuli to simplify their world.
12. Although the socialization process is powerful, it does have limits. Which of the following exemplify one of those limits?
A. Human beings are passive recipients of their socialization.
B. Human beings pay little attention to their socialization.
C. Human beings are not passive recipients of their socialization.
D. Human beings are not limited by physical characteristics.
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13. When teachers are acting as cultural mediators, they
A. pay little attention to the needs of diverse learners.
B. are knowledgeable about the role of culture in teaching and learning.
C. keep students with different backgrounds apart from one another.
D. seek to find differences among their students.
14. Acculturation refers to the changes that take place as a result of
A. continuous firsthand contact between individuals of different cultures.
B. the study of multiple cultures, such as in a college-level cultural diversity course.
C. the implementation of multicultural programs in public schools such as Black History Month.
D. participating in a foreign language class at the high school or college level.
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15. Some researchers suggest that developing an in-depth understanding of other cultures may
A. be easier than one believes it will be.
B. not be worth the trouble.
C. take as long as two years.
D. make us entirely different people.
16. The following are culture-general themes that reflect people’s emotional responses:
A. time and spatial orientation, anxiety, and prejudice.
B. belonging, prejudice, and communication.
C. disconfirmed expectations, belonging, and categorization.
D. belonging, disconfirmed expectations, and ambiguity.
CLICK HERE to get this paper!!
17. The degree to which one has prestige and power in one’s social group is referred to as
A. differentiation.
B. social status.
C. categorization.
D. roles.
18. Which of the following is not an area in which adjustments may be made as one reshapes one’s cultural identity?
A. categorization
B. differentiation
C. attribution
D. All of the answers are correct.
CLICK HERE to get this paper!!
19. The major goal of the culture-general model is to
A. encourage world peace.
B. make everyone on the planet one “people.”
C. assist individuals in identifying commonalities in other people.
D. None of the answers are correct.
20. Another goal of the culture-general model is to
A. introduce multicultural education to the world.
B. assist individuals in identifying “invisible” differences that may make a difference.
C. keep individuals from thinking about difference.
D. promote more cohesion among ethnic groups.
21. Developmental models provide a
A. model of child development.
B. hierarchical scheme whereby an individual progresses from one level to the next.
C. way of understanding psychology.
D. None of the answers are correct.
CLICK HERE to get this paper!!
22. Developmental models have recently begun to emerge with respect to
A. adolescent identity.
B. adult identity.
C. religious identity.
D. ethnic and racial identity.
23. Individuals who have a strong sense of their own ethnicity, as well as a healthy understanding and respect for others can be said to be in Banks’ category of development called
A. ethnic psychological captivity.
B. biethnicity.
C. ethnic encapsulation.
D. ethnic identity clarification.
CLICK HERE to get this paper!!
24. In the Cross-Spring model of ethnic and racial identity, the pre-encounter stage is one in which
A. one assumes a new ethnic identity.
B. one is confronted by an incident that forces questioning of beliefs.
C. one internalizes negative stereotypes from the mainstream society.
D. one lives comfortably in two worlds.
25. The ability to adapt to and value cultural differences is a characteristic of a
A. member of a pluralistic society.
B. person who has grown up in a monocultural environment.
C. person who dislikes people who are different.
D. person who is interculturally competent.
CLICK HERE to get this paper!!
26. In general, an increase in cultural awareness is accompanied by a/an
A. increase in emotional intelligence.
B. increase in cognitive sophistication.
C. decrease in emotional intelligence.
D. decrease in cognitive sophistication.
27. Early studies of intercultural competence suggest that effectively working across cultures
means that
A. one can manage psychological stress.
B. one is able to communicate effectively.
C. one can develop new and essential interpersonal relationships.
D. All of the answers are correct.
CLICK HERE to get this paper!!
28. All of the following are examples of interculturally competent skills, except
A. the ability to be nonjudgmental.
B. the ability to interpret behavior from more than one perspective.
C. the ability to be intolerant of those who are different from oneself.
D. the ability to mediate conflicts.
29. Bennett’s Developmental Model of Intercultural Sensitivity (DMIS) provides a continuum
from
A. individual to social development.
B. ethnocentric to ethnorelative development.
C. insensitive to sensitive development.
D. None of the answers are correct.
CLICK HERE to get this paper!!
30. According to Bennett, the inability or unwillingness to see cultural differences is called
A. defense.
B. minimization.
C. denial.
D. acceptance.
31. When one can accept superficial cultural differences but still assert that people are more alike than they are different, one is in the
A. denial stage of the DMIS.
B. adaptation stage of the DMIS.
C. minimization stage of the DMIS.
D. acceptance stage of the DMIS.
CLICK HERE to get this paper!!
32. When one can see cultural categories as flexible and becomes more competent in one’s
ability to communicate with those who are different from oneself, it can be said that one is in the
stage of
A. adaptation.
B. acceptance.
C. integration.
D. minimization.
33. During the adaptation stage of the DMIS, the individual is able to
A. shift frames of reference.
B. treat all people exactly the same.
C. ignore his or her own ethnic identity.
D. internalize negative stereotypes.
CLICK HERE to get this paper!!
PART B: COMPLETE SHORT-ESSAY QUESTIONS.
1. In Cushner’s book, the authors discuss three problems with the culture-specific approach to understanding groups and increasing awareness of particular groups of people. Name the three problems and give examples from your life experience that demonstrate your understanding of the problems.
2. Reflect upon a time in your life when you made a major transition. Identify the phases of the U-curve as they applied to your transition experience. Why is it helpful for teachers to understand this process? Why is it helpful for students to understand this process?
CLICK HERE to get this paper!!
3. Carlos Cortes suggests that the media functions much like the school curriculum and serves as a powerful teaching medium, especially with regards to multicultural understanding. In what ways has the media influenced your understanding of our multicultural society?
4. List the three types of defense that Bennett named in the denial phase of the DMIS. Give examples that depict each type of defense using characters from movies, literature, or television. Give a brief explanation of why you chose your examples.
3. Carlos Cortes suggests that the media functions much like the school curriculum and serves as a powerful teaching medium, especially with regards to multicultural understanding. In what ways has the media influenced your understanding of our multicultural society?
4. List the three types of defense that Bennett named in the denial phase of the DMIS. Give examples that depict each type of defense using characters from movies, literature, or television. Give a brief explanation of why you chose your examples.
CLICK HERE to get this paper!!
A description of the role of stories, case studies, and critical incidents is introduced on page 27 of your textbook. Each chapter has a few of these to help you synthesize the contents of the chapter. In chapter 4, on page 134, are examples of critical incidents and a discussion follows afterwards. Consider using 5 or more new concepts you have learned to describe then discuss two crticial incidents you could have experienced. The incidents do not need to be from you personal experience, but they need to be realistic.
A description of the role of stories, case studies, and critical incidents is introduced on page 27 of your textbook. Each chapter has a few of these to help you synthesize the contents of the chapter. In chapter 4, on page 134, are examples of critical incidents and a discussion follows afterwards. Consider using 5 or more new concepts you have learned to describe then discuss two crticial incidents you could have experienced. The incidents do not need to be from you personal experience, but they need to be realistic.
Please answer the following question and Space between questions for clarity. Answer the following question between 185 words.
Question 1 : Share an ad you find culturally offensive. It can be in a magazine, on the internet,.. or on TV. Explain which culture(s) is/are being represented and why you find the ad offensive. If you can, please post the ad or video here.
Question 2 : View all videos in Module Six as attached. Comment on one or more of them.
Question 3 : Read pages 304-308 in “Chapter 10” as attached. Provide an example from popular culture that illustrates one or more of the perspectives discussed there
Question 1 : Share an ad you find culturally offensive. It can be in a magazine, on the internet,.. or on TV. Explain which culture(s) is/are being represented and why you find the ad offensive. If you can, please post the ad or video here.
Question 2 : View all videos in Module Six as attached. Comment on one or more of them.
Question 3 : Read pages 304-308 in “Chapter 10” as attached. Provide an example from popular culture that illustrates one or more of the perspectives discussed there
Thursday 6 March 2014
Explication 1: Araby
This essay will be on the short story called Araby by James Joyce. Should be focus in great depth on the passages. an explication involves the close analysis and an unfolding or discovery of the language of written work. introduction, body, conclusion. begin with a general statement or thesis about the material you are examining, summarizing its significance and its connection to work as a whole, if it is a passage from a larger work.
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Examine the imagery evoked by the words and consider any connotations or associated meanings that might color the way a reader would interpret the piece. look ar the word choices or diction and try to discuss the sound of the language as well. which is often important in fiction and drama as well as poetry. look for figures of speech such as metaphors and similes and try to decode any allusions. write the explication of a detective unraveling the clues in the work. this often requires you to be imaginative and to pursue fully even the slights suggestions.
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