Thursday, December 26, 2019
Democrats and Ethical Views - Free Essay Example
Sample details Pages: 4 Words: 1087 Downloads: 9 Date added: 2018/12/28 Category Ethics Essay Type Research paper Level High school Did you like this example? Introduction According to Robinson Dowson (2012), ethics refers to doing what is right, at the right time, and in the right place in accordance with the codes/standards of social norms. In ethics, the principles of integrity and morality are always prioritized while applying the set polices governing various institutions/organization in their day to day activities. However, one cannot be able to assess how ethical polices of a particular organization are until he/she clearly knows exactly the key role the set polices plays in that organization (Robinson Dowson, 2012). Donââ¬â¢t waste time! Our writers will create an original "Democrats and Ethical Views" essay for you Create order Hence in this paper, my primary focus will be assessing the ethicality of certain institutionalized polices by using religious differences as an example of ethical dilemma in Dirac, an entertainment and hospitality company. Lastly, for purposes of anonymity and because of the sensitivity as well as the confidentiality of the information, I have decided not to use the real name of the company. Parameter of various ethical decisions making approaches To start with, justice approach is typically based on the principle historically theorized by Aristotle, one of the great Greek philosophers, that all that embraces equity in the society should be equally treated as well. Similarly, those who tend to be unequal in the society to others should also be unequally treated. Second is the right approach. This one on the other hand arrives at the best decision by evaluating the respect of human dignity in the alternative options present. That is, it is primarily concerned with how people freely lead their lives, with all human rights respected, as well as respecting others. Thirdly, ethical decision making based on the approach of virtue simply involves assessing the how the decision will affect the character of an individual. The decision should be such that integrity, honesty, tolerance, generosity, courageousness, and many more other virtues are showcased in the end. Forth is the approach of common good. In this case, a decision is made based on the welfare of the people as an entire community and not as specific individuals. The common approach champions for welfares such as health, education, security and social-economic development agendas. Finally, a utilitarian approach can also be used in ethical decision making process. Here the principle primarily aims at ensuring that the greatest goodness is achieved in the greatest number of people while cutting down the harm-bearing in mind that consequences of the decision can be either of great benefit or quite detrimental to people. Utilitarian approach thus largely focuses on positive ramifications associated with the decision (Thomson et al., 2013). An example of ethical issue and solution to it Based on Wu et al. (2010), Dirac is a very versatile and contemporary hospitality/entertainment company based in Miami, Florida-United States of America. The company majorly deals with entertaining local/regional visitors as well as international tourists who usually come to enjoy the cool breeze at the beaches, amazing architectural buildings at the island, and many more other spectacular natural features of Miami environs. Concisely, Dirac offers housing, guides tourists around Miami using lavish Ferraris, security, traditional cultural entertainments and lastly preparing various food/cuisines for its clients. The company has three hundred employees distributed all over in Miami. Ninety percent of its employees are Adventists while ten percent are the Pentecost i.e., categorizing them based on their religious believes. It operates full time-both week days and weekends. Dirac makes an average profit of hundred million dollars per month. The profit made during Saturdays is almost dou ble the profit the company makes during the week days plus that made in Sunday. This is because most of the people tend to be busy at work during the weekdays as compared to weekends. The majority of the people is Pentecost; go to church in Sundays, while the minority is the Adventist who goes to church in Saturdays. The stakeholder are forcing all the employees to turn up every day and be given offs only at random specific time so as to maximize at profits. The Adventist employees on the other hand are strictly adhering to their religious rules and regulations of not going to work during Saturdays. As a way of blackmailing its employees, the company has promised to reward them with good salaries and other forms of allowances. Unfortunately, no single employee is heeding to their plea. Instead, they are insisting that they wont turn up at work in Saturdays. Dirac is now at the apex of organization ethical dilemma. That is, it has to decide on whether to fire a substantive number of its stubborn Adventist employee and employ Pentecost so as to maximize profits, or continue making losses due to high absentees during Saturdays. Firing of employees on the grounds of their religious affiliations is uncouth and unethical as it does not only infringe on their constitutional freedom/right to worshiping, but also unnecessarily profiling divisive polarization among the people. It is also unethical for the employees to boycott church services during Saturdays and work for a nice salary. Here the two parties to come to consensus for them to move forward. For instance, the stakeholders shoul d have work shifts during the weekend. This can only be achieved and effectively implemented by equally recruiting employees from both sides of the religious divide. Equal number of Pentecost and Adventist will eliminate the current ethical dilemma on whether advents should report at work in Saturday. In this case, half of the employee will come on Saturday and enable the company to still significantly make recognizable profits as usual. By doing so, Dirac will avoid divisions among the employees as to whether one is a Pentecost or an Adventist, promote equality as well as foster unity within the organization which will in turn spearhead the company to move towards prosperity(Wu et al., 2010). Conclusion Ethics, more especially ethical dilemmas, are sensitive societal issues that can not only create hatred among the people, but also make great companies and organizations to collapse instead of making progressive strides. Thus, it should be handled with a lot of keenness and vigilance in order to avert unnecessary conflicts. References Robinson, S., Dowson, P. (2012). Business ethics in practice. London: CHARTERED Institute OF PERSONNEL DEVELOPMENT. Thomson, M. H., Adams, B. D. B. D., Sartori, J. A., Baranski, J. V., Defence R D Canada Toronto., Canada. (2013). Moral and ethical decision making: Literature review. Toronto, Ont: Defence Research and Development Canada. Wu, X., Qi, S., 2010 International Conference on E-Business and E-Government (ICEE 2010). (May 01, 2010). Notice of RetractionHuman Nature and Incentive Mechanism Design for Knowledge Workers. 954-957.
Tuesday, December 17, 2019
Minimum Requirement Infant / Toddler Child Development...
Toddler Teacher. Minimum requirement: Infant/Toddler Child Development Associate (CDA). Then on to complete 15 credits, 30 credits, 45 credits up to an Associate or Bachelor Degree in Early Childhood Education or a related field. Two years of experience working with young children. Excellent interpersonal skills, flexible hours, and basic computer skills required. Ability to: complete basic paperwork, respond to emergency situations, analyze and solve problems, move and play with small children. Perform multiple tasks and meet deadlines. Special requirements: Ability to work and cooperate with others, required to pass physical examination, T.B. test, MI state police ICHAT and MI Dept. of Human Services Child Abuse/Neglect screenings. An Equal Opportunity Employer AA M/F Vet/Disability Auxiliary aids and services are available upon request to individuals with disabilities. Other essential duties and responsibilities of Toddler Teachers: â⬠¢ Maintain individual portfolios of each child and gauge their weekly progress in various skills via anecdotal observations â⬠¢ Bring creative ideas to make learning fun and interesting for the children â⬠¢ Conduct large and small group activities and also provide individualized activities for targeted skills development in each child â⬠¢ Communicate effectively with the parents to discuss the progress and needs of children â⬠¢ Maintain the classroom according to state and program approved standards of orderliness, cleanliness and hygiene â⬠¢Show MoreRelatedElementary Education With Special Education1462 Words à |à 6 Pagesminimum of 124 semester hours and must earn at least a 2.00 grade point average. The 124 hours are subdivided into approximately 27-48 semester hours in a discipline major. Students choosing the Child Development major must have a 2.0 GPA or above in all major coursework, a score of 75% or above for their development program, successfully complete 12 units (60 days) of clinically field-based experiences in a daycare, nursery, or K-3 setting. Those of who, complete the Child Development program of
Monday, December 9, 2019
Role of Technology in Education free essay sample
The Role of Technology in Quality Education Quality education is a universal goal. It is common to hear arguments that instructional technology will be the key to educational quality as we enter the new millenium (cf. Fiske and Hammond, 1997). Investment in educational technology is urged upon policy-makers as the path to educational quality (Mergendollar, 1996). In fact, enthusiasts for educational technology argue that quality has and will continue to increase rapidly, creating a new educational culture (Connick, 1997). Whatever problems exist are seen as ones which can be handled through better administrative and technological planning that is, technology believers perceive no intrinsic obstacles to total quality assurance using information technology in higher education (ex. , Roth and Sanders, 1996). Other voices question educational technology as a panacea. Cardenas (1998), for instance, has written on the problems associated with technology in the college classroom in terms of issues such as poorly functioning equipment, over-promotion of technology-based learning to students, and lack of quality in courses delivered by technology. A recent article in the Chronicle of Higher Education reported on critics of educational technology who say students choosing online courses are not getting the education they pay for, and question whether universities should be providing such instruction (Guernsey, 1998). The American Federation of Teachers and other faculty organizations have also raised serious cautions about web-based education (Mingle and Gold, 1996) and have even gone on strike over it. The unruly growth of online distance education is the basis of these concerns. One has only to look at popular books like, The Best Distance Learning Graduate Schools: Earning Your Degree without Leaving Home (Phillips and Yager, 1998). This work profiles 195 accredited institutions that offered graduate degrees via distance learning as of 1997-98. It acknowledges that diploma mills are a danger. Even accredited programs from recognized institutions of higher learning may have been thrown together as experiments or simply in quick response to administrative fiat. Caveat emptor is definitely a precept for student consumers of online education. In response to growing criticism of the recent, rapid, unregulated growth of distance education, a number of recognized higher education organizations have formulated quality standards and guidelines. A prominent example is the document Principles of Good Practice for Electronically Offered Academic Degree and Certificate Programs, from the Western Cooperative for Educational Telecommunications; http://www. wiche. edu/telecom/projects/balancing/principles. htm; see Johnstone and Krauth, 1996; Zuniga and Krauth, 1996; WCET, 1997). These principles have been endorsed by a number of higher education governing and policymaking bodies in the western United States, as well as by the regional accrediting community. The core assumption of these guidelines is that, The institutions programs holding specialized accreditation meet the same requirements when offered electronically. Since these guidelines are a widely-accepted definition of quality as applied to online education, they are quoted below: * Each program of study results in learning outcomes appropriate to the rigor and breadth of the degree or certificate awarded. An electronically offered degree or certificate program is coherent and complete. The program provides for appropriate real-time or delayed interaction between faculty and students and among students. * Qualified faculty provide appropriate oversight of the program electronically offered. * The program is consistent with the institutions role and mission. * Review and approval processes ensure the appropriateness of the technology being used to meet the programs objectives. * The program provides faculty support services specifically related to teaching via an electronic system. The program provides training for faculty who teach via the use of technology. * The program ensures that appropriate learning resources are available to students. The program provides students with clear, complete, and timely information on the curriculum, course and degree requirements, nature of faculty/student interaction, assumptions about technological competence and skills, technical equipment requirements, availability of academic support services and financial aid resources, and costs and payment policies. * Enrolled students have reasonable and adequate access to the range of tudent services appropriate to support their learning. * Accepted students have the background, knowledge, and technical skills needed to undertake the program. * Advertising, recruiting, and admissions materials clearly and accurately represent the program and the services available. Policies for faculty evaluation include appropriate consideration of teaching and scholarly activities related to electronically offered programs. * The institution demonstrates a commitment to ongoing support, both financial and technical, and to continuation of the program for a period sufficient to enable students to complete a degree/certificate. The institution evaluates the programs educational effectiveness, including assessments of student learning outcomes, student retention, and student and faculty satisfaction. Students have access to such program evaluation data. * The institution provides for assessment and documentation of student achievement in each course and at completion of the program. Similar guidelines may be found in connection with the worlds largest experiment in online distance education, the Open Learning experiment in the U. K. In reviewing this experiment, Mayes and Banks (1998) concluded that three factors combine to maintain quality and integrity of Open Learning courses: (1) common, structured course materials; (2) open assessment using a competency-based methodology; and (3) an extensive support and monitoring network. Numerous other efforts exist regarding quality assurance in distance education (Tait, 1997). An inspection of leading quality-in-online-education guidelines reveals three central themes. 1. Quality is defined in terms of appropriate and complete online education, with appropriateness and completeness to be adjudged by faculty. Faculty agreement, of course, is apt to refer to faculty with interests in promotion of online education, with tacit consent of peers in a typical academic culture which strongly encourages faculty course development autonomy and an administration more interested in getting into the online education game than in creating quality standards impediments to launching online offerings. Using the same textbook as the traditional course is often sufficient to meet this criterion.
Monday, December 2, 2019
Rifkin Animals free essay sample
Rifkin portrays his view that animals must be given a time of love when he states, ââ¬Å"They crave affection and are easily depressed if isolatedââ¬âthe government is encouragingââ¬âto provide them with toys. â⬠These words that have been deeply written from his heart reveal his pursuit in equality for animals, to the point that animals, like pigs, must be loved, therefore we must express this love in speaking to them daily and buying them toys. Rifkin speaks truth in his belief that we must care for animals, but before revealing love to animals and blossoming equality upon them, we must shower the endowed promise of equality amongst our nation. What about the people who suffer from depression and are consumed by suicidal thoughts? We must first speak with our lips to those who have been isolated, because humanity is in deep need of caring for each other. Another point that strikes his view is that he believes we should provide toys for animals, but there are masses of homeless children within our country that have never even glimpsed a toy, therefore if we canââ¬â¢t fix our internal humane issues, then how can we shower all these privileged gifts on animals? Before desiring to open the eyes of others to care about animals, Rifkin must first open his eyes and see that humanity is already drenched with enough chaos as it is, and our minds should be set on bringing healing to our nation than making animals our priority. We will write a custom essay sample on Rifkin Animals or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page His stand on helping animals carried strength, and we can do this by stopping abuse upon them, but going as far as giving them absolute equality contains fallacy.
Tuesday, November 26, 2019
Selecting the right tools to learn French
Selecting the right tools to learn French So you already asked I want to learn French, where do I start? and answeredà fundamental questions on why you want to learn, and what your goal is - learning to pass test, learning to read French or learning to actually communicate in French. Now, you are ready to pick a learning method. There are so many French learning method available out there that it can be overwhelming. Here are my tips on selecting a French learning method which best suits YOUR needs and goals. Selecting the right method to learn French Its really worth spending some time researching and sorting through the ton of French material out there to find what is good for you. Look at the customer reviews, and also what experts recommend.Be smart and make sure you dont fall for paid advertising (like Google ads) or affiliate links (links to product which giveà the referring site a percentage of the saleâ⬠¦ Many very popularà audio methods such as Rosetta Stone use this marketing techniqueâ⬠¦ It doesnt mean they are necessarily bad, but it means you cannot trust the rating they are getting because the person wrote the review to get the affiliate feeâ⬠¦).Doing your own research here is essential because at the end, you can only trust yourself!à Make sure you know what you are buying: a decent site should have samples, and plenty of VERIFIED customers reviews.Many methods offer a 100% money back guarantee or free trial - thats always a good thing.Ask and you shall receive - if the method you are interested in doesnt offer samples or free trial, contact them and ask them for some. If there is no customer support, in our days and age, its a ve ry bad sign... Look for the right method for your own needs I dont believe there is only one good method. But there is one best suited for each student. If you speak Spanish for example, the structure of French, the logic of the tenses is going to be quite easy for you. You need a method that will give you the facts, lists, but you wont need much grammatical explanations.à On the contrary, if you only speak English, chances are that you will say at one point French grammar is so difficult (and I am being extremely polite hereâ⬠¦). So you need a method that truly explains grammar (both French and English, a method that doesnt assume you know what a direct object is, for exampleâ⬠¦) and then gives you plenty of practice. Learning with level appropriate tools Many people will tell you to read the newspapers, watch French movies, speak with your French friends. I personally disagree.à There are always exceptions of course, but in my experience (20 years teaching French to adults) for the majority of people, that is not how you should START to learn French. Its what you do when you are a confident French speaker, but not how you start.à Studying with something too difficult, speaking with people who cannot adapt their language to your present level mayà destroy your emerging self confidence in French. You have to nurture this confidence, so that you can one day get over your - only natural - fear of actually speaking French with someone else. You must always feel you are progressing, not running into a wall.à Nurturing methods do exists, but finding them will require a little research and sorting from your part. For beginners/intermediate students of French, I personally recommend my own method - Moi Paris downloadable audiobooks. Otherwise, I really like what they did at Fluentz. In my opinion, whatever your level may be, learning French with audio is an absolute must.
Saturday, November 23, 2019
Hernando Cortez - Spanish Conquistador
Hernando Cortez - Spanish Conquistador Hernando Cortez was born in 1485 into a poor noble family and was educated at the University of Salamanca. He was an able and ambitious student that focused on a military career. With the stories of Christopher Columbus and the land across the Atlantic Ocean he became enamored with the idea of traveling to the territories of Spain in the new world. Cortez spent the next few years working as a minor legal official in Hispaniola before joining Diego Velazquezs expedition to conquer Cuba. Conquering Cuba In 1511 Velazquezââ¬â¢s conquered Cuba and was made governor of the island. Hernando Cortez was a capable officer and distinguished himself during the campaign. His efforts placed him in a favorable position with Velazquez and the governor made him clerk of the treasury. Cortez continued to distinguish himself and became a secretary to Governor Velazquez. During the next few years, he also became a capable administrator in his own right with responsibility for the second largest settlement on the island, the garrison town of Santiago. Expedition to Mexico In 1518, Governor Velazquez decided to give Hernando the coveted position of commander of the third expedition to Mexico. His charter gave him the authority to explore and secure the interior of Mexico for later colonization. However, the relationship between Cortez and Velazquez had chilled over a preceding couple of years. This was the result of the very common jealousy that existed between conquistadors in the new world. As ambitious men, they were continually jockeying for position and were concerned with anyone becoming a potential rival. Despite marrying the sister-in-law of Governor Velazquez, Catalina Juarez the tension still existed. Interestingly, right before Cortez set sail his charter was revoked by Governor Velazquez. Cortez ignored the communication and left on the expedition anyway. Hernando Cortez used his skills as a diplomat to gain native allies and his military leadership to secure a foothold at Veracruz. He made this new town his base of operations. In a severe tactic to motivate his men, he burned the ships making it impossible for them to return to Hispaniola or Cuba. Cortez continued to use a combination of force and diplomacy to work his way toward the Aztec capital of Tenochtitlan. In 1519, Hernando Cortez entered the capital city with a mixed force of disgruntled Aztecs and his own men for a meeting with Montezuma II the emperor of the Aztecs. He was received as a guest of the emperor. However, the possible reasons for being received as guest vary wildly. Some have reported that Montezuma II allowed him into the capital to study his weakness with an eye to crushing the Spaniards later. While other reasons given relate to the Aztecs viewing Montezuma as an incarnation of their god Quetzalcoatl. Hernando Cortez, despite entering the city as a guest feared a trap and took Montezuma prisoner and began to rule the kingdom through him. Meanwhile, Governor Velazquez sent another expedition to bring Hernando Cortes back under control. This forced Cortez to leave the capital to defeat this new threat. He was able to defeat the larger Spanish force and force the surviving soldiers to join his cause. While away the Aztecââ¬â¢s rebelled and forced Cortez to recapture the city. Cortez with the use of a bloody campaign and a siege lasting eight months was able to retake the capital. He renamed the capital to Mexico City and installed himself absolute ruler of the new province. Hernando Cortez had become a very powerful man in the new world. News of his accomplishments and power has reached Charles V of Spain. The intrigues of the court began to work against Cortez and Charles V was convinced that his valued conquistador in Mexico might set up his own kingdom. Despite repeated assurances from Cortez, he was eventually forced to return to Spain and plead his case and ensure his loyalty. Hernando Cortez traveled with a valuable horde of treasure as gifts for the king to demonstrate his loyalty. Charles V was suitably impressed and decided that Cortez was indeed a loyal subject. Cortez was not awarded the valuable position of Governor of Mexico. He was actually given lower titles and land in the new world. Cortez returned to his estates outside Mexico City in 1530. Final Years of Hernando Cortez The next years of his life were spent quarreling over rights to explore new lands for the crown and legal troubles related to debts and abuses of power. He spent a significant portion of his own money to finance these expeditions. He explored the Baja peninsula of California and afterward made a second trip to Spain. By this time he had fallen out of favor in Spain again and could barely even gain an audience with the king of Spain. His legal troubles continued to plague him, and he died in Spain in 1547.
Thursday, November 21, 2019
Business Law Essay Example | Topics and Well Written Essays - 2000 words - 4
Business Law - Essay Example informs the seller the particular objective or need for which the goods are being requisitioned , so as to show that the buyer places trust and faith on sellerââ¬â¢s skill or judgment, and the goods are of a description which it is in the course of the sellerââ¬â¢s business to supply (whether he is the manufacturer or not), there is an implied condition that the supplied product will serve this purpose...â⬠(Modification of Act for Certain Contract: Implied Terms About Quality of Terms. 1979). It could be said that the clients had relied on the skill and expertise of the vendor company, Ace Computer Ltd., but unfortunately fourteen of the twenty computers supplied turned out to be defective. In such a situation, it is possible that by applying the Warranty clause that is in force, Ace Computers would need to replace the defective computers with good ones. It needs to be argued that under such circumstances, the question of taking back the defective computers and repaying the amount does not arise, since the contractual obligation between Ace Computers Ltd. and the clients, Stevens, Wiley and Company, does not consider refund of the purchase price. The contract does not enjoin that costs of defective goods would be refunded, but it is possibly that replacements of four defective computers could be made, and also the models supplied to Damien, could be replaced. It could be argued in this case, that the contractual obligations under the agreement signed between the parties are binding, and there being no clause that specifically provides for refund of purchase price, it may be not be enforceable under law. However, when considering arguments from point of view of the clients, their main allegations would be in terms of the fact that they are not in the regular business of buying computers, but Ace Computers are in the business of providing computer business solutions for years. They have placed the order on the basis of assurances provided by Gerald, the director,
Tuesday, November 19, 2019
The effect of increased bank deposits ration with Chinese Central Bank Essay
The effect of increased bank deposits ration with Chinese Central Bank - Essay Example The effect of increased bank deposits ration with Chinese Central Bank If Chinese banks make more deposits with the central, the level of their total assets increase by the amount of deposits made to the central bank. Consequently, the central bankââ¬â¢s liabilities increase by the same amount of banks deposits. In most cases, the move will ensure that excess reserves within the banking system are reduced. In fact, banks will have to reduce their lending to households and firms by an equivalent amount deposited with the central bank. This policy measure could be realized if the central bank opts to sell bonds to banks from its portfolio to reduce excess reserves. For instance, the central bank might sell government bonds from available portfolios and the bonds could in turn be purchased by Chinese commercial banks. When banks make bonds payments by depositing an equivalent amount in reserves to the central bank, banks liabilities will increase by the amount of deposits made to the central whereas assets will increase by the amount of interest bearing bonds. However, the central bankââ¬â¢s assets will increase by the amount of deposits made while the assets will reduce by an equivalent amount of bonds issued. There are also numerous economic impacts ensuing from the decision made by Peopleââ¬â¢s Central Bank. The effects are apparently depicted on the economic equilibrium (GDP) and expenses incurred. Indeed, the Peopleââ¬â¢s Central Bank decision announcement that banks needs to hold extra deposits with Chinaââ¬â¢s central bank causes considerable economic impact.
Sunday, November 17, 2019
An Element of Art and Science Essay Example for Free
An Element of Art and Science Essay Astrology provides a very debatable kind of knowledge that is generally assessed by the intelligent as a useless kind of knowledge, which only makes sense for the ignorant. At the same time astrology is usually associated with gypsies and hucksters, who are known for their deceptive and fake knowledge, as they try to deceive people for their own financial interest. On the other hand, we find people with high education attempting to study astrology and very much respect the kind of knowledge it offers them. Whether such knowledge offered through teaching astrology in universities is worth doing or to be considered an inapplicable knowledge for high education is a critical decision to make, which requires obtaining a great insight about astrology it self as an academic field in order to be able to make a correct assessment. Astrology is actually a combined form of knowledge that both combine both the element of art and of science in its essence. It contains the mathematical element as well as the artistic element o symbolism (Astrology? 891). Scientists usually disregard the art side of astrology and focus on the basic mathematical part of it, as they judge it as useless and insignificant. This actually destroys the wholeness and balance within the realm itself. This may be considered a reason for misunderstanding the real value of knowledge in astrology. It is also a fact that every field is vulnerable to be used by ignorant people who devoid it totally of its meaning and value, in order to sell it as cheap as possible in a market of ignorance that unfortunately have many customers who are wiling to buy, again this helps in misunderstanding Astrology (Astrology? 891); and as there is the presence of the competent and the incompetent in every field, and people usually search for the best in every profession, so why exclude Astrology (Astrology? 896). Astrology requires a sophisticated kind of thinking as it combines artistic and scientific knowledge, it can therefore never be considered as insignificant knowledge. It may not be appreciated by scientists due to the artistic element provided within it, and their total dependence on reason for discovering reality since the onset of the renaissance; thus reviving such forms of knowledge actually, shows the evolution of knowledge and thinking that reflects the significance of intuitive forms of knowledge besides the pure rational ones. The astrological knowledge in itself consists of a natural balance between intuitive and rational knowledge, and disturbing this balance will only lead to the production of inconsistent forms of knowledge that seem to appear on the surface to help in the generation of misunderstandings regarding astrology. The argument of scientists against Astrology reflects the on going disagreement between scientific knowledge and intuitive forms of knowledge. Scientists never admit the truth in any intuitive understanding, and they usually regarded as invalid. They never accept the fact the mystery is part of reality and that the rational mind can never be able to reach full understanding of the universe. Astrology is a balanced kind of knowledge as it respects both forms of thinking, which in fact a respect for nature and for the human being as part of that nature. I feel that the purpose of a reading is to understand ones life challenges And potential, to provide an opportunity for self reflection and life Evaluation, as well as to confirm ones intuitive sense of what ones Life is about (Astrology? 895). Human beings as well as nature are made of matter and soul that can never be detached from each other as long as life is there. How can scientists reach the truth if they are actually altering the natural balance in life by looking for material proof and ignoring the intuitive reality of nature? The soul remains a mystery that can never be explained by scientific truth, and science can not resolve the question of life and death. There fore, accepting astrology as a significant form of knowledge by a scientist is truly a question of him admitting intuition as a part of reality. From another side, if the issue had not been on intuition, regarding astrology, it is still a form of knowledge that surely provides the individual with some insight about life and introduces him to different kinds of thinking; it should be even credited for this reason alone, my studies in Astrology, as well as in other fields, are attempts to understand the grand design of the whole (Astrology? 894). Scientists also accuse Astrological interpretive knowledge of not being exact stars incline but do not compel (A critical? 882), and this fact works against scientific logic which is sharp and determinant. But actually, life in it self is never exact or straight forward and clear as mathematical knowledge entails for instance. Astrology may actually provide the best for of understanding of life and nature; it allows people to understand reality the way it is without trying to alter its nature. The whole issue of prediction and future related knowledge can never be definite or fully explainable, to discuss future probabilities is much like giving a weather report (Astrology? 896). On the other hand, it should be admitted that Astrological knowledge may help in creating dependent and weak individuals, if they used it wrongly. It might lead them to spin in a cycle, which they might not be able to break. People can stress too much on the intuitive knowledge in Astrology and thus once again altering its balance of logic and intuition and thus getting again a wrong insight about life and nature, with an accompanied change in personality and attitude to life Astrology, when practiced as completely as possible, takes away from ach of us our right and duty to make our own personal decisions (A Critical? 882). In the case of a scientist who puts great emphasis on logic and excludes intuition, makes him a rough and rigid person who stands weak in front of the scientifically unexplained mysteries of the world; while in the case of the ignorant who does the opposite to give too much significance to intuition and disregards reason suffers another kind of weakness that creates a dependent and shattered personality. But again we must also admit that this would be the case with any field if wrongly interpreted. All in all, I believe that Astrology is a sophisticated form of knowledge that should be respected for the special thinking abilities it provides an individual who studies it. It also reflects on the importance of providing a balance between Art and Science, and thus between logic and intuition, which is found deep within the nature of man and the universe he lives in. I would very strongly recommend all institutions of high education to teach Astrology in order to correct the misunderstanding entitled to it, and thus expose the rich and deep knowledge it provides. Works Cited Bok, Bart J. A Critical Look at Astrology. The Humanist Costello, Priscilla. Astrology, Science or Abracadabra? Wellesley College.
Thursday, November 14, 2019
Hawthorneââ¬â¢s The Ministers Black Veil â⬠Solitude of the Protagonist and the Author :: Ministers Black Veil Essays
ââ¬Å"The Ministerââ¬â¢s Black Veilâ⬠ââ¬â Solitude of the Protagonist and the Authorà à à à à à à à à à à à à Isnââ¬â¢t it more than coincidental that the protagonist in Nathaniel Hawthorneââ¬â¢s ââ¬Å"The Ministerââ¬â¢s Black Veilâ⬠and the author himself are both given to solitude and isolation? à Literary critics seem to come to a consensus on the subject of Hawthorneââ¬â¢s preference for solitude. Edmund Fuller and B. Jo Kinnick in ââ¬Å"Stories Derived from New England Livingâ⬠state that ââ¬Å"Hawthorne was essentially of a solitary nature, and group life was not for him. . .â⬠(30) Sculley Bradley, Richmond Croom Beatty and E. Hudson Long in ââ¬Å"The Social Criticism of a Public Manâ⬠say that ââ¬Å"a young man engrossed in historical study and in learning the writerââ¬â¢s craft is not notably queer if he does not seek society. . . .â⬠(47) Stanley T. Williams in ââ¬Å"Hawthorneââ¬â¢s Puritan Mindâ⬠states: ââ¬Å"Soon after Hawthorneââ¬â¢s birth in 1804, circumstances intensified his innate Puritan characteristics: his analysis of the mind, his somber outlook on living, his tendency to withdraw from his fellowsâ⬠(40). According to A.N. Kaul in his Introduction toà Hawthorne ââ¬â A Collection of Critical Essays, the themes of isolation and alienation were ones which Hawthorne was ââ¬Å"deeply preoccupied withâ⬠in his writings (2). à At the outset of the tale, ââ¬Å"The Ministerââ¬â¢s Black Veil,â⬠the sexton is tolling the church bell and simultaneously watching Mr. Hooperââ¬â¢s door, when suddenly he says, ``But what has good Parson Hooper got upon his face?'' The surprise which the sexton displayed is repeated in the astonishment of the onlookers: ââ¬Å"With one accord they started, expressing more wonder. . .â⬠The reason is this: ââ¬Å"Swathed about his forehead, and hanging down over his face, so low as to be shaken by his breathâ⬠is a black veil. The 30 year old, unmarried parson receives a variety of reactions from his congregation: à ``I can't really feel as if good Mr. Hooper's face was behind that piece of crape'' ``He has changed himself into something awful, only by hiding his face'' à ``Our parson has gone mad!'' Few could refrain from twisting their heads towards the door. . . . . . . more than one woman of delicate nerves was forced to leave the meeting-house. à Hawthorne, after exposing the surprised people to the sable veil, develops the protagonist through a description of some of his less exotic and curious characteristics:
Tuesday, November 12, 2019
5 Stages of Team Development – Summary
Five Stages of Team Development December 17, 2012 Abstract This paper will evaluate the five stages of team development; Forming stage, Storming stage, Norming stage, Performing stage and Adjourning stage. ââ¬Å"Building effective, cohesive teams has never played such a pivotal role in a companyââ¬â¢s success as it does todayâ⬠. PI Worldwide 2010 Retrieved from http://www. piworldwide. com/Solutions/Leadership-Development/Team-Building. aspx on December 17, 2012. Team building is an important part of ensuring success within an organization.All the stages may not be used in every instance, however it is a guideline that, if used correctly, will ensure better communication, decision making, increased productivity and overall success. PI Worldwide 2010 Retrieved from http://www. piworldwide. com/Solutions/Leadership-Development/Team-Building. aspx on December 17, 2012. I will evaluate each stage and compare it with real-life experiences to show how effective this system can be. Forming Stage The forming stage is where a group of people come together to work on a project.In this initial stage of team development the members take a more formal approach to how they communicate with each other, ââ¬Å"there would be no clear idea of goals or expectationsâ⬠. Management Study Guide 2008-2010 Retrieved from http://www. managementstudyguide. com/team-development. htm on December 17, 2012. This stage reminds me of a project I was chosen to be part of. A group of us were chosen to develop a plan of action geared toward increasing patient satisfaction in the hospital, due to poor results from a survey taken.During this Forming stage, we took the time to get to know each otherââ¬â¢ what our strengths were, and by doing this we were able to create a mission statement for the team and begin our creative process. Storming Stage ââ¬Å"The storming stage of team development is a period of high emotionality and tension among group membersâ⬠ââ¬Å"Organizatio nal Behaviorâ⬠(Schermerhorn J 2012,pg. 156). Competition and resistance to the ideas offered by other team members begin to occur in this stage. Everyone wants their own ideas or that of their friend to be chosen.In my experience with team work, this stage is where member began to become more relaxed and sure of themselves, throwing ideas on the table and thinking their ideas are the best ones. Norming Stage In this stage, members start to remember the reason they are there and re-focus on the task at hand. ââ¬Å"While enjoying a new sense of harmony, team members will strive to maintain positive balanceâ⬠ââ¬Å"Organizational Behaviorâ⬠(Schermerhorn J 2012, pg 156). Members begin to feel like they have perfected the ability to work in groups at this time, developing a premature sense of accomplishment.At this stage my team started putting a plan in place to revamp how patients are treated during their hospital visits. Performing Stage In this stage of development , the team becomes more mature and organized. They know what the goals of the team are and work together to achieve success. Team members are able to do their own problem solving since they are sure of themselves and what their duties are. Team members came together and all the ideas that we shared now became a plan of action to improve patient satisfaction at our Hospitalââ¬â¢s six facilities. Adjourning StageAt this stage team members learn to come together, get the job done quickly and go about their own business. ââ¬Å"Their willingness to disband when the job is done and to work well together in future responsibilities, team or otherwise, is a long-term test of team success. â⬠ââ¬Å"Organizational Behaviorâ⬠(Schermerhorn J 2012, pg 157) The five stages of team development really helped me to put the process of team work in perspective. Knowing what these stages all means and represents, gives me a better understanding of how to organize projects and what stage we are at in any given project.
Sunday, November 10, 2019
Living Trust
trust agreement THIS TRUST AGREEMENT, MADE THIS _____ DAY OF _____________, 20XX, BETWEEN ____________________________, PRESENTLY RESIDING AT _________ ________________ ________________________ (SETTLOR), _____________ ___________________, PRESENTLY RESIDING AT __________________________________ ______ (TRUSTEE), AND ________________ __________, PRESENTLY RESIDING AT ________ ___________________________ (SUCCESSOR TRUSTEE).THE TRUST CREATED BY THIS AGREEMENT SHALL BE KNOWN AS THE ______________________ TRUST. W I T N E S S E T H: WHEREAS, THE SETTLOR DESIRES TO CREATE AND ESTABLISH A REVOCABLE INTER VIVOS TRUST OF THE PROPERTY DESCRIBED IN SCHEDULE A ATTACHED HERETO AND MADE A PART HEREOF, WHICH PROPERTY, TOGETHER WITH THE INVESTMENTS, REINVESTMENTS, ACCUMULATED INCOME AND PROCEEDS THEREOF, AND ADDITIONS THERETO, SHALL HEREINAFTER CONSTITUTE THE PROPERTY OF THIS TRUST (THE TRUST FUND); ANDWHEREAS, the Trustee has agreed to hold, manage, invest, and reinvest the Trust Fund to collect the income therefrom and after paying all expenses properly attributable thereto, to distribute the Trust Fund in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements contained herein, Settlor has assigned and delivered, and the Trustee acknowledges receipt of the Trust Fund, in Trust, nevertheless, for the following purposes and under the following terms and conditions: ARTICLE I [Description] A)The Trust Fund shall be maintained by the Trustee in one (1) trust for the exclusive benefit of Settlor. Settlor reserves the right to add additional beneficiaries hereunder and Trustee agrees to undertake the duties and responsibilities of Trustee in accepting, holding, managing, and disbursing the principal and interest of the Trust Fund in accordance with the terms and conditions of this Trust Agreement. (B)Trustee may receive any other real or personal property from Settlor or from any other person or perso ns, by lifetime gift, under a will or trust or from any other source.Such property shall be indicated by adding same to Schedule A which shall be held by Trustee subject to the terms of this Trust Agreement. Trustee agrees, if he accepts such additions, to hold and manage such additions in trust for the uses and in the manner set forth herein. (C) Trustee shall receive any real or personal property derived as income produced by the Trust Fund. Such accumulated income shall be added to the Trust Fund and held by Trustee subject to the terms of this Trust Agreement. ARTICLE II [Description]The Trustee shall pay the entire net income arising from the Trust Fund in approximately equal monthly installments to or for Settlor during Settlor's entire lifetime, or as directed by Settlor from time to time, retain and reinvest designated portions thereof, provided, however, that if the net income from the principal of the said Trust Fund, together with such other income as may be available to Settlor and Settlor's spouse (Settlor's spouse) from other sources be insufficient for their comfortable support, welfare, and maintenance, then, and in such case, Trustee is authorized to pay to or use for the benefit of Settlor and Settlor's spouse during Settlor's lifetime so much of the principal of the said Trust Fund as, in Trustee's sole discretion, Trustee may deem necessary for such purposes, or to provide for an emergency of any sort, nature, or description; provided, however, subject to Article IV but notwithstanding anything else contained in this Trust Agreement to the contrary, Settlor may, at any time and from time to time during the existence of said Trust Fund, withdraw all or any part of the principal and accumulated income, if any, by filing with the Trustee a notice to that effect and filing subsequently with said Trustee a receipt for the funds so disbursed.If either or both Settlor and Settlor's spouse shall be determined, in accordance with Article III hereof, to be incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age, impaired health, or mental or physical disability, then the Successor Trustee is specifically authorized and empowered, acting in his sole and absolute discretion, to retain all or such part of the income and principal as he deems best, and then to distribute all or part of the income and/or principal for the suitable support, welfare, and maintenance of Settlor and/or Settlor's spouse in such of the following ways as the Successor Trustee shall deem best: a)directly to such beneficiary; b)to such person as such beneficiary may nominate in writing; c)to the legally appointed guardian(s) or conservator(s) of such beneficiary; d)to some person(s) having the care of such beneficiary; or e)by the Successor Trustees using the amounts involved for or on behalf of such beneficiary for his suitable support, comfort, health, welfare, and maintenance. ARTICLE III [Descr iption]During such period that Settlor is the sole Trustee, and if in the judgment of the Successor Trustee, such step is deemed necessary, then the Successor Trustee may appoint three (3) doctors of medicine licensed to practice in the State of Settlor's then current residence, one of whom shall be Settlor's personal physician, if possible, to determine whether Settlor has become incapable of the care, custody, and management of the principal and income of the Trust Fund because of advanced age or impaired health or mental or physical disability. If the three (3) doctors unanimously determine in writing, as evidenced by signed Certificate(s) of Incapacity, that Settlor has become incapable as herein defined, of the care, custody, and management of the principal of the Trust Fund or any income from theTrust Fund, or upon the determination of a court of competent jurisdiction of the physical or mental incapacity of Settlor, then Settlor shall no longer be Trustee nor shall Settlor ha ve the right to become Trustee, and the Successor Trustee shall possess and be subject to those rights, duties, and obligations which they or it would assume if they or it had been nominated as initial Trustee under the terms of this Trust Agreement; provided, however, upon the revocation of the court order hereinabove referred to, or upon the revocation of two (2) of said Certificate(s) of Incapacity, either by any two (2) of the original certifying doctors or by any two (2) duly licensed doctors selected by the Successor Trustee, the rights and powers under this Trust Agreement shall become operative again and shall revert to Settlor. In addition to the above, Settlor is authorized, at any time and from time to time, voluntarily to relinquish his investment control by an acknowledged, written instrument to that effect, delivered to the Successor Trustee. Said instrument shall be known as a Certificate of Authorization. Such Certificate of Authorization shall specify a date after i ts delivery to the Successor Trustee, as the date on which investment control is to be relinquished.From and after such specified date, Settlor shall not possess investment control, unless and until he reassumes investment control by a subsequent acknowledged, written instrument to that effect, delivered to the Successor Trustee. Such subsequent instrument shall specify a later date after its delivery to the Successor Trustee, as the date on which investment control is to be reassumed. From and after such specified date, Settlor shall again possess investment control. ARTICLE IV [Description] During such period of time that Successor Trustee is in possession of an apparently proper and effective court order ruling Settlor to be physically or mentally incompetent to act on his behalf, or is in possession of the three (3) Certificate(s) of Incapacity, as provided in Article III, supra, at least two (2) of which are not revoked, any attempt by Settlor to xercise any reserved rights and powers under this Trust Agreement, including, but not by way of limitation, the right of modification, revocation, amendment, withdrawal of principal and/or income, or the sale of principal of the Trust Fund, shall be void and during such period of time this Trust Agreement shall be irrevocable and not amendable; provided that during such period of time that Settlor is incapacitated as hereinabove referred to Settlor shall have the power to appoint to any person(s), including his estate, any and all assets of the Trust Fund upon his death, but only by specific reference to said Power of Appointment in Settlor's Last Will and Testament, duly proved and allowed for probate.During such period of time that the Successor Trustee is in possession of a properly executed Certificate of Authorization signed by Settlor, Settlor shall retain all reserved rights and powers under this Trust Agreement with the exception of the investment control of the assets of the Trust Fund pursuant to the te rms of this Trust Agreement which shall be reserved to the Successor Trustee. ARTICLE V [Description] Upon Settlor's death, the Successor Trustee shall hold and dispose of the Trust Fund as follows: (A)If Settlor's spouse survives Settlor, the Successor Trustee shall hold, manage, and invest the Trust Fund, collect the income thereon, and pay to or apply for the benefit of Settlor's spouse the net income thereof, in quarterly or other convenient installments (but at least annually), for and during the term of Settlor's spouse's life.In addition, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, maintenance, health, welfare, and benefit of Settlor's spouse. Settlor's spouse, in Settlor's spouse's individual capacity, is hereby authorized by instrument in writing delivered to the Successor Trustee, to wit hdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such year, whichever is the greater amount. This right shall be noncumulative.Upon the death of Settlor's spouse, the Successor Trustee shall distribute any undistributed net income of this trust, whether collected or accrued, to Settlor's spouse's Personal Representative and shall pay over and distribute the entire remaining principal to such of my issue, in such shares and proportions and either outright or in trust as Settlor's spouse, by specific reference in her will to said special power of appointment, hereby created, may designate and appoint, or, to the extent, if any, that Settlor's spouse may fail to effectively exercise this said special power of appointment, the remaining principal of this Trust established in this Article V, paragraph (A), sup ra, shall be distributed by my Successor Trustee as follows: (1)In the event that any portion of this Trust referred to in this Article V, paragraph (A), supra, is included in Settlor's spouse's estate, the Successor Trustee shall pay to the Personal Representative of Settlor's spouse's estate, out of the principal of the Trust, an amount equal to the estate, inheritance, transfer, succession, or other death taxes (death taxes), federal, state, or other, payable by reason of the inclusion of the value of the trust property in her estate.Such payment shall be equal to the amount by which (i) the total of such death taxes paid by Settlor's spouse's estate exceeds (ii) the total death taxes which would have been payable if the value of the trust property had not be included in Settlor's spouse's estate. The determination of the Settlor's spouse's Personal Representative of the amount payable hereunder shall be final. The Successor Trustee is directed to pay such amount promptly upon wr itten request of Settlor's spouse's Personal Representative. The final determination of the amount due hereunder shall be based upon the values as finally determined for federal estate tax purposes in Settlor's spouse's estate. After payment of the amount finally determined to be due hereunder, the Successor Trustee shall be discharged from any further liability with respect to such payment. Settlor's spouse may waive Settlor's spouse's state's right to payment under this paragraph by a will, executed after Settlor's death, in which Settlor's spouse specifically refers to the right to payment hereby given to Settlor's spouse's estate. (2)Any then remaining principal, after payment of the taxes as specified in this Article V, paragraph (A)(1), supra, shall be divided, administered, and managed as part of the trust established in Article VI, infra. Notwithstanding anything contained in this Article V, paragraph (A), if Settlor's spouse renounced Settlor's spouse's interest in any port ion of the property passing under this Article V, paragraph (A), such portion shall not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (B), infra.Notwithstanding anything contained in this Article V, paragraph (A), if a reduction of the property passing to the Successor Trustee under this Article V, paragraph (A), would not result in any increase in the federal estate tax upon Settlor's estate (after taking into account the unified credit and the credit for state death taxes, but only to the extent that the use of such credit does not increase state death taxes payable by Settlor's estate, and all other estate tax credits available to Settlor's estate and after assuming for this purpose only that all property passing under this paragraph will be qualified for the federal estate tax marital deduction), said property shall be reduced by the largest amount which will result in no such increase, and such amount sh all not pass under this Article V, paragraph (A), but shall pass under and be governed by the provisions of Article V, paragraph (C), infra.In determining the amount of any such reduction, the final determination of the federal estate tax proceeding relating to Settlor's estate shall control, and there shall be taken into account all property passing (or which shall have passed) to or for the benefit of Settlor's spouse (under Settlor's will, this Trust, or otherwise); however, there shall not be taken into account any renunciation by Settlor's spouse or any interest in any portion of Settlor's residuary estate which, but for such renunciation, would have passed under the provisions of this Article V, paragraph (A), and such determination shall be made on the assumption that there was no such renunciation. Such reduction shall be deemed a dollar amount reduction, and the property passing as a result thereof to the trust created under Article V, paragraph (C), infra, shall not partic ipate in increases or decreases during the administration of Settlor's estate.To the extent possible, assets with respect to which the marital deduction is not allowable for purposes of federal estate tax on Settlor's estate, or with respect to which a credit for foreign death taxes is allowable for such purposes, shall be allocated to the property passing to the trust created under Article VI, infra. It is Settlor's intention that this Trust qualify for the marital deduction allowable in determining the federal estate tax upon Settlor's estate. Accordingly, Settlor hereby authorizes the Settlor's Personal Representative to elect that any amount passing under this Article V, paragraph (A), be treated as qualified terminable interest property for the purposes of qualifying for said marital deduction.If Settlor's spouse is not living at the time of Settlor's death, the foregoing provisions of this Article V, paragraph (A), shall be of no effect and the property otherwise segregated fo r and allocated to the trust created in this Article V, paragraph (A), shall rather be held, administered, and disposed of under and in accordance with the provisions of the trust established in Article VI, infra. In the event that Settlor or Settlor's spouse shall die under circumstances that the order of death cannot be established by adequate proof, it shall be conclusively presumed that Settlor's spouse [survived] [predeceased] Settlor, and this Trust Agreement shall be administered as though Settlor's spouse [survived] [predeceased] Settlor, and its terms shall be so interpreted and construed. Such presumption shall be conclusive and binding upon all parties having an interest under this Trust Agreement. B)If Settlor's spouse survives Settlor and renounces her interest in any amount or any portion which would otherwise have passed under the provisions of Article V, paragraph (A), supra, or renounces any portion of Settlor's estate passing to Settlor's spouse pursuant to Settlor 's Last Will and Testament, such renounce amount or portion shall be held, managed, and invested by the Successor Trustee, IN TRUST, NEVERTHELESS, upon the terms and conditions and for the uses and purposes hereinafter set forth. The Successor Trustee shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at least as often as quarter annually, pay or apply all of such net income to or for the use and benefit of Settlor's spouse.If the principal of the Trust established under the provisions of Article V, paragraph (A), supra, is exhausted for any reason, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse, so much or all of the principal as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. With regard to any property passing under this Article V, paragra ph (B), Settlor directs Settlor's Personal Representative not to elect to have the same treated as qualified terminable interest property for the purposes of qualifying for the marital deduction allowable in determining the federal estate tax on Settlor's estate. Upon the death of Settlor's spouse any then remaining principal of the trust referred to in this Article V, paragraph (B), shall be held, administered, and distributed as part of the trust established in Article VI, infra. C)If Settlor's spouse survives Settlor, and if any amount is directed to be disposed of under and governed by the provisions of this Article V, paragraph (C), said amount shall be held, managed, and administered by the Successor Trustee, IN TRUST, NEVERTHELESS. The Successor Trustee shall collect the income thereon and pay to or apply for the benefit of Settlor's spouse so much or all of the net income thereof as Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for Sett lor's spouse's support, health, welfare, and benefit. Any balance of net income not so paid or applied shall be added to principal annually.If the principal of the trusts established under the provisions of Article V, paragraphs (A) and (B), supra, is exhausted for any reason whatsoever, then, from and after such exhaustion, the Successor Trustee may pay to or apply for the benefit of Settlor's spouse so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, welfare, and benefit of Settlor's spouse. Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee, to withdraw in the month of December of each calendar year any part of all of the principal of the trust to the extent of Five Thousand Dollars ($5,000) or five percent (5%) of the value of the principal of the trust on the last day of such yea r (which principal shall not be deemed to include undistributed income of the current year), whichever is the greater amount. This right shall be noncumulative.Settlor's spouse is hereby authorized, in Settlor's spouse's individual capacity, by instrument in writing delivered to the Successor Trustee during Settlor's spouse's lifetime, to direct the Successor Trustee to pay over and distribute, at any time or from time to time during her lifetime, so much or all of the principal of this trust to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, in Settlor's spouse's sole and absolute discretion, may designate and appoint, provided that, no such appointment shall be effective to the extent it relieves Settlor's spouse of any obligations she may have to support any of the Settlor's then living issue. If, in Successor Trustee's sole and absolute discretion, the financial security of Settlor's spouse would not be je opardized, the Successor Trustee may, at any time or from time to time, pay to or apply for the benefit of any one or more of Settlor's then living issue so much or all or any accumulated income and so much or all of the principal of this trust as the Successor Trustee, in his sole and absolute discretion, deems necessary or desirable for the support, health, education, welfare, and benefit of such then living issue or any of them.Upon the death of Settlor's spouse, the Successor Trustee shall pay over and distribute the principal of this trust as then constituted, together with any undistributed net income, whether collected or accrued, to such of Settlor's then living issue, in such shares and proportions and either outright or in trust, as Settlor's spouse, by express reference to this provision in her will, may designate and appoint, or, to the extent, if any, that Settlor's spouse shall fail to effectively exercise this power of appointment, the remaining principal of this Trus t established in this Article V, paragraph (C), shall be held, administered, and distributed as part of the trust established in Article VI, infra. ARTICLE VI [Description]Upon the death of the Settlor's spouse after Settlor's death or if Settlor's spouse does not survive the Settlor then upon the death of the Settlor, the Successor Trustee shall divide the Trust Fund, as then constituted, into separate trusts, equal in value, one for each then living child of Settlor and one for the issue, collectively, of each child of Settlor who predeceases Settlor or Settlor's spouse leaving issue who survive Settlor. The share or portion of a share allocated to each beneficiary shall constitute and be administered as a separate trust. Separate books and records shall be kept for each trust, but it shall not be necessary that physical division of the assets be made to each trust. These trusts shall be administered as follows: (A)Each share so provided for a then living child of the Settlor who has not then attained the age of __________________ (___) years shall be paid over and distributed to such child, outright and free of trust. (B)Each share so provided for a then living child of Settlor who has not hen attained the age of __________________ (___) years shall be held, managed, invested, and reinvested by the Successor Trustee, who shall collect the income therefrom and, after deducting all charges and expenses properly attributable thereto, shall, at any time and from time to time, pay or apply to or for the support, health, education (including college and professional education), and maintenance of the child for whom such share has been placed in trust so much (even to the extent of the whole) of the net income of such share and/or principal of such share as the Successor Trustee, in his sole and absolute discretion, shall deem advisable for such purposes. The Successor Trustee need not consider such child's other sources of income when determining whether to invad e the principal of such share. The Successor Trustee shall accumulate and add to the principal of such share any balance of such net income not so paid or applied. From such time as such child attains the age of __________________ (___) years until such time as such child's share is terminated, the Successor Trustee shall pay over and distribute to such child, outright and free of trust, all income of such child's share, at least as frequently as quarter annually.At such time as such child attains the age of __________________ (___) years, the Successor Trustee shall pay over and distribute to such child outright and free of trust, all then remaining principal and undistributed income, if any, of said share. Upon the death of such child, said child's share, if not previously distributed in full pursuant to the foregoing provisions hereof, shall then be distributed as follows: The Successor Trustee shall pay over and distribute all then remaining principal and undistributed income, i f any, of said share, outright and free of trust, to the then living issue of such child, subject to the provisions of Article VII, paragraph (A), infra, per stirpes; or, if none, outright and free of trust, to the then living children of Settlor, per stirpes; or, if none, outright and free of trust , to the Settlor's heirs.Such distributions to Settlor's surviving children or to their surviving issue shall be made by the Successor Trustee herein appointed if any portion of the trust of such child or children hereinbefore established has not been distributed. If, however, such trust has been distributed, then such share shall pass directly to Settlor's then living children or their surviving issue, if any. (C)Each share so provided for the then living issue of a child of the Settlor who is then deceased shall, subject to the provisions of Article VII, paragraph (D), infra, be paid over and distributed, outright and free of trust, to such then living issue, per stirpes. D)Recognizing the possibility that the amount of the funds or property held in the trust created under this Article VI may be insufficient to justify the continuance of the trust, the Successor Trustee, in his discretion, may terminate any trust created hereunder whenever in his judgment such trust no longer serves a useful purpose, and upon any such termination, distribute the trust assets to the beneficiary of the trust, free and clear of any trust. (E)If neither Settlor's spouse, Settlor's children, nor any of the issue of Settlor's children survive Settlor, the entire Trust Fund shall be paid over and distributed by the Successor Trustee, outright and free of trust, to Settlor's heirs. ARTICLE VII [Description] (A)If any part of the Trust Fund is distributable to a person who is under the age of __________________ (___) years, then, in each case where it shall be lawful to do so, such property shall continue to be held IN TRUST by the Trustees.The Trustees shall hold, invest, and reinvest th e same, collect the income therefrom and, after deducting from said income all amounts properly chargeable thereto, at any time and from time to time, pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much of the net income as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees shall accumulate and add to the principal of said Trust any balance of such net income not so paid or applied. The provisions of this Article VII, paragraph (A), shall not refer to any child of the Settlor who is a beneficiary of a trust created under Article VI, supra.In addition, the Trustees shall be authorized, at any time and from time to time, to pay to or apply to the support, health, education (including college and professional education), and maintenance of such person so much (even to the extent of the whole) of the principal of said Trust as the Trustees, in their sole and absolute discretion, shall deem advisable for such purposes. The Trustees need not consider such person's other sources of income when determining whether to invade the principal of said Trust. The Trust hereunder with respect to property shall terminate when such person attains the age of __________________ (___) years or sooner dies, but in no event later than the time set forth in Article VII, paragraph (B), infra.Upon such termination, the Trustees shall pay over and distribute outright and free of trust, the then remaining principal and undistributed income, if any, of said Trust to the person for whose benefit said Trust was established, if he or she is then living; or if deceased, to his or her then living issue, per stirpes; or, if none, to any other issue of the Settlor then living, per stirpes; or, in default of all issue of the Settlor, to such deceased person's estate. (B)Notwithstanding any designation of age or distribution or any other provision contained he rein, if the creation of interests herein in any person shall violate the Rule Against Perpetuities or any other rule of law, then the interest of that person shall be accelerated and shall be deemed to vest within such time as will not violate the Rule Against Perpetuities or any other rule of law.In no event shall any such trust created pursuant to the terms of this Trust Agreement terminate later than twenty one (21) years after the death of the last to survive of the group consisting of Settlor's spouse, Settlor's children, and the issue of Settlor's children living at the time of the death of the Settlor. Upon such termination, the Successor Trustee shall pay over and distribute the then remaining principal and undistributed income, if any, of such trust, outright and free of trust, to the person for whose benefit said trust was so provided, if he or she is then living; or, if then deceased, to his or her then living issue, per stirpes; or, if none, to any descendant of the Set tlor, per stirpes; or, if one, to any then living issue of Settlor, per stirpes; or, if none, outright and free of trust, pursuant to Article VI, paragraph (E), supra. (C)Notwithstanding the foregoing provisions of this Article VII, whenever, upon the death of a beneficiary of any trust created under this Trust Agreement, all or any part of the then remaining principal and undistributed income, if any, of such trust shall be payable or distributable to a person for whose benefit the Successor Trustee is then holding property in trust under this Trust Agreement, then and in that event (in each case where it may lawfully be done) the same shall not be paid or distributed to such person, but shall instead be added to and thereafter constitute a part of the principal of the trust for such person. D)Whenever any property may be distributed to or for the support, health, welfare, education, and maintenance of a person under the age of __________________ (___) years (minor), or the net inc ome or principal of any trust created under this Trust Agreement may be paid or applied to or for the support, health, welfare, education, and maintenance of a minor, there shall be no necessity for the appointment of a guardian to receive distributions, payments, or applications for any on behalf of such minor. Rather, any such distribution, payment, or application may be made by distributing the same or paying the amount thereof to a parent, the guardian (if there is one), or any other person then caring for or having custody of such minor.Any distribution payment or application made to such parent, guardian, other person, or directly to such minor, pursuant to this paragraph (D), shall constitute a complete discharge and acquittance to the Successor Trustee, with respect to such distribution of the sum so paid or applied. (E)Except for the trust created in Article V, paragraph (A), supra, any trust created under this Trust Agreement shall be construed as a spendthrift trust. No p art of the income, accumulated income, or principal of such trust is ever to be subject to transfer, assignment, sale, pledge, or anticipation in any manner by any beneficiary or remainderman, nor is the interest of any beneficiary or remainderman, prior to the termination of such trust, to be seized in any manner or held liable for the debts, contracts, obligations, or engagements of any kind whatsoever of any beneficiary or remainderman hereunder.If any beneficiary or remainderman should execute any document by which he attempts to transfer, assign, sell, pledge, or anticipate his or her interest hereunder, the Successor Trustee is to immediately terminate all payments to said beneficiary or remainderman, and the Successor Trustee thereafter may pay over to any person such sums of money or other property which the Successor Trustee, in his sole and absolute discretion, deems to be in the interest of said beneficiary or remainderman. (F)For all purposes of this Trust Agreement, the terms child or children are defined to mean a lawful descendant or lawful descendants in the first degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the parent designated, and the term issue is defined to mean a lawful descendant or lawful descendants in the first, second, or any other degree, whether by blood or adoption (and whether born or adopted before or after the execution of this Trust Agreement), of the ancestor designated.The provisions of the preceding sentence to the contrary notwithstanding, for all purposes of this Trust Agreement, any child born to or adopted by persons who are holding themselves out as husband and wife after the performance of a marriage ceremony between them shall be considered as a lawful descendant in first degree of such persons, and therefore a child (as defined in the preceding sentence) of such person even though any divorce or annulment proceeding purporting to termin ate a prior marriage of one or both of such persons is or may be invalid; and a blood descendant in the first degree of a person shall be deemed to be a lawful descendant in the first degree of such person, and therefore a child (as defined in the preceding sentence) of such person, if it is established that such person has openly and continuously held out such descendant as his or her own son or daughter. For all purposes of this Trust Agreement the term Settlor's children and terms of like import shall refer not only to the [children / child] of the Settlor now living (viz. , ________________________________) but also to any child of Settlor (as defined in this paragraph (F)) born or adopted after the execution of this Trust Agreement. (G) For all purposes of this Trust Agreement, an infant in gestation who is later born alive shall be deemed to have been in being during such period of gestation for the purposes of qualifying such infant, after its birth, as a beneficiary of any t rusts created hereunder. H) Any reference in this Trust Agreement to Settlor's heirs means those persons, other than creditors, who would take Settlor's person property under the laws of the jurisdiction of Settlor's domicile at the time of Settlor's death if Settlor had died at the time stipulated for distribution, unmarried, intestate, and domiciled in such jurisdiction; and distribution to such persons shall be made in the same manner and in the same proportion that Settlor's personal property would be distributed under the laws of such jurisdiction if Settlor had died at the time stipulated for distribution, unmarried, intestate, owning the property available for distribution and no other property, without creditors, and domiciled in such jurisdiction.ARTICLE VIII [Description] Notwithstanding any other provisions of this Trust Agreement to the contrary: (A) On receipt of a written request from the Settlor's spouse, any unproductive property held as a part of the trust created i n Article V, paragraph (A), supra, shall be made productive or converted within a reasonable time into productive property. (B) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause the trust created in Article V, paragraph (A), supra, to fail to qualify for the estate tax marital deduction in the computation of the federal estate tax on the estate of the Settlor. C) The powers and discretions of the Trustee or Successor Trustee shall not be exercised in such a manner as would cause any property remaining in the trust created under Article V, paragraph (C), supra, at the death of Settlor's spouse to be included in the Settlor's spouse's estate for federal estate tax purposes. ARTICLE IX [Description] In addition to and not in limitation of the rights, powers, privileges, and discretions vested in trustees by law, Settlor gives to the Trustee, in the administration of any trust created hereunder, the following powers, to be exercised, without application to any court, to such extent, at such time or times, upon such terms, and in such manner as the Trustee, shall in his absolute discretion, deem advisable. A)To retain, for so long as is deemed advisable, any property, real or personal, included in the Trust Fund, to abandon any property, to change investments and to invest and reinvest from time to time in such other property, real or personal, within or without the United States (including, but not limited to, improved or unimproved real estate directly or through partnerships, limited liability companies, or joint ventures), stocks of any classification and shares of or interest in any discretionary common trust fund or mutual fund, without being limited in such retention, investment, or reinvestment to property authorized for the investment of trust funds or any applicable local law, without regard to diversification of assets, even though such assets are not income-producing. B) To sell, with o r without notice, at public or private sale, for cash or on credit, with or without security, to exchange and to grant options to purchase any property, real or personal, at any time held hereunder, and in so doing to execute all necessary deeds or other instruments. (C)To borrow money, to mortgage or pledge as security, otherwise encumber, any property held hereunder, and, if money is borrowed from the Trustee, to pay interest thereon at the prevailing rate. (D) To lease for any period (without regard to the duration of any trust created hereunder or to any statutory restriction), exchange, partition, divide, alter, demolish, develop, dedicate (even without consideration), improve, repair, maintain, grant easements on, or otherwise deal with real property. E) To make contracts and agreements, to compromise, settle, release, arbitrate, or accept arbitration of any debts or claims in favor of or against any trust created hereunder, to sue on behalf of any trust created hereunder and to defend any suit against the same, to foreclose any mortgage, deed of trust, or other lien securing any obligation and to bid on the property at foreclosure sale or acquire the property by deed without foreclosure, and to extend, modify, or waive the terms of leases, bonds, mortgages, and their obligations or liens. (F) To vote, in person or by proxy, any stock or securities held hereunder, and to exercise or delegate all rights and privileges (such as subscription rights and conversion privileges) and discretionary powers in connection therewith. (G) To exercise any options or warrants for the purchase of securities on such terms and conditions as the Trustee deems advisable and in the best interests of the beneficiary of any trusts created hereunder; or alternatively, not to exercise any such options or warrants (and allow them to lapse) if the Trustee deems such non-exercise to be in the best interest of such beneficiaries. H) To consent to and participate in any reorganization , consolidation, merger, dissolution, sale, lease, mortgage, purchase, or other action affecting any stock or securities held hereunder, and to make payments in connection therewith. (I) To deposit property with any protective, reorganization, or similar committee, to exercise or delegate discretionary powers in connection therewith, and to share in paying the compensation and expenses of such committee. (J) To employ agents, attorneys, accountants, brokers, counsel, including investment counsel, or others, whether individual or corporate, and to pay their reasonable compensation and expenses. The Trustee may serve in any such additional capacity and be so compensated for services rendered in such additional capacity. K) To hold any property, real or personal, in the name of a nominee, or in his name as Trustee or to take stock or securities and keep the same unregistered in such condition that such stock or securities will pass by delivery. (L) In dividing or distributing principal of any trust created hereunder, to make such division or distribution in money, kind, or partly in money and partly in kind, or by allotting or assigning undivided interests in the property, even if one or more shares be composed in whole or in part of property different in kind from that of any other share. (M) To hold, in solido, for convenience of investment and administration, property constituting principal of two or more trusts created hereunder, or to make joint or common investments in which the separate trusts shall have undivided interests. N) To perform and carry out the provisions of any business agreements to which Settlor was a party and which may be in force at the time of Settlor's death (including, but not limited to, agreements of partnership, limited partnership, or joint venture, and agreements arising out of Settlor's interest as an officer, director , stockholder, or member of any corporation or limited liability company), and to reorganize or continue to oper ate any business, whether a sole proprietorship, partnership, limited partnership, joint venture, limited liability company, or corporation, in which Settlor may have an interest at the time of his death, under such terms and conditions, with such other persons and in such manner as the Trustee, may determine. The Trustee is authorized to have a personal interest as partner, venturer, stockholder, member, owner or investor in, to be employed by, or otherwise to serve any business referred to herein, and to receive compensation for such employment or other services rendered to or for such business. The Settlor owns at the date of execution of this Trust certain business known as _________ _____________________________________________.In the event that at the time of the death of the Settlor he owns a controlling interest in said business or successor thereto or in another business enterprise (whether operated in the form of a corporation, a partnership, limited liability company, or a sole proprietorship), the Settlor hereby desires that the Successor Trustee shall continue to hold and operate each such business as a part of the Trust Fund herein created. The Settlor hereby vests the said Successor Trustee, severally, including any successors to either, with the following powers and authority, as supplemental to the ones contained in this Article IX the applicability of which to the business of the Settlor confirms without limitation by reason of specification, and in addition to powers conferred by law, all of which may be exercised with respect to every such business, whether a corporation, a partnership, limited liability company, or a sole proprietorship. 1.To retain and continue to operate the business for such period as the Successor Trustee, as the case may be, may deem advisable. 2. To control, direct, and manage the business. In this connection, the Successor Trustee, in his sole and absolute discretion, shall determine the manner and extent of its act ive participation in the operation, and the Successor Trustee may delegate all or any part of his power to supervise and operate, to such person or persons as he may select, including any associate, partner, officer, member, or employee of the business. 3. To hire and discharge officers and employees, fix their compensation and define their duties; and similarly to employ, compensate nd discharge agents, attorneys, consultants, accountants and such other representatives as the Successor Trustee may deem appropriate; including the right to employ any beneficiary (or individual Trustee) in any of the foregoing capacities. 4. To invest other estate or Trust funds in such business; to pledge other assets of the estate or Trust as security for loans made to such business; and to loan funds from the Trust Fund to such business and to borrow from any bank or other lending institution, on such terms as are currently competitive. 5. To organize a corporation under the law of this or any othe r state or country and to transfer thereto all or any part of the business or other property held in the estate or Trust, and to receive in exchange therefor such stocks, bonds and other securities as the Trustee may deem advisable. 6.To take any action required to convert any corporation or limited liability company into a partnership or sole proprietorship. 7. To treat the business as an entity separate from the estate or trusts. In its accountings to the court and to any beneficiaries, the Successor Trustee shall only be required to report the earnings and conditions of the business in accordance with standard corporate accounting practice. 8. To purchase, process, and sell merchandise of every kind and description; and to purchase and sell machinery and equipment, furniture and fixtures, and supplies of all kinds. 9. To liquidate all or any part of any business at such time and price and upon such terms and conditions (including credit) as the Successor Trustee may determine.The Successor Trustee is specifically authorized and empowered to make such sale to any partner, officer, member, or employee of the business (or to any Trustee) or to any beneficiary hereunder. 10. To exercise any of the rights and powers herein contained in conjunction with another or others. 11. To diminish, enlarge, or change the scope or nature of any business. The Settlor is aware of the fact that certain risks are inherent in the operation of any business and expects that decisions will be required of a businessman's risk nature as contrasted with prudent man rule. Therefore, the Settlor directs that the Trustee shall not be held liable for any loss resulting from the retention and operation of any business unless such loss shall result directly from the Successor Trustee's bad faith and willful misconduct.In determining any question of liability for losses, it should be considered that the Successor Trustee, as the case may be, is engaging in a speculative enterprise at the Set tlor's request. If any business operated by the Successor Trustee pursuant to the authorization contained in this Trust shall be unincorporated, then the Settlor directs that all liabilities arising therefrom shall be satisfied first from the business itself and second out of the estate or Trust Fund; it being the Settlor's intention that in no event shall any liability be enforced against the Successor Trustee personally. If the Successor Trustee shall be held personally liable, he shall be entitled to indemnify first from the business and second from the estate or Trust Fund.It is recognized that any business interest which may be included in any estate or trust may require additional efforts and expertise on the part of the fiduciary. Accordingly, it is recognized that additional fees may be required. Such fees shall be taken as a director's fee, which shall be remitted to the fiduciary and/or as a management consultant charge by the fiduciary. (O) To make any loans, either secur ed or unsecured, in such amounts, upon such terms, at such rates of interest, and to such persons, firms or corporations, as is deemed advisable. (P) To receive, receipt for, and collect any and all income of every kind and character whatsoever, which shall, from time to time, be produced by or arise out of the trust estate. Q) The Settlor, while acting as Trustee, shall have the exclusive power and authority (1) to establish and maintain one or more accounts, which may be margin accounts, for the purpose of purchasing, investing in, or otherwise acquiring, selling (including short sales), possessing, transferring, exchanging, pledging, or otherwise disposing of, or turning to account of, or realizing upon, and generally dealing in and with (a) any and all forms of securities, including but not by way of limitation, shares, stocks, bonds, debentures, notes, script, participation certificates, rights to subscribe, options, warrants, certificates of deposit, mortgages, choses in actio n, evidences of indebtedness, commercial paper, certificates of indebtedness, and certificates of interest of any kind and every kind and nature whatsoever, secured or unsecured, whether represented by trust, participating and/or other certificates or otherwise, and (b) any and all commodities and/or contracts for the future delivery thereof, whether represented by trust, participating and/or other certificates or otherwise; (2) to pledge trust property as collateral for any personal or business loans of Settlor, or for the benefit of any other person or entity designated by Settlor; and (3) to delegate to any agent of Settlor's choice by power of attorney or otherwise, the conducting of banking activities for Trustee, or the hiring, cancellation or use of entry of a safe deposit box or other storage facilities in the name of Trustee. Said power and authority shall be peculiar to Settlor while acting as initial Trustee. (R) To form, renew, or extend the life of any corporation or bu siness entity while under the laws of any state and/or to subscribe for, or otherwise acquire, all or any part of the capital stock, bonds, or other securities of any corporation or business entity. (S) To pay, satisfy, and discharge all taxes and assessments upon the property comprising the trust estate or upon the income derived therefrom, and, in connection with any estate, inheritance, succession, or other imilar taxes that may be imposed upon Settlor's estate, the Successor Trustee shall make provisions and payment therefor if and to the extent that the Personal Representative of Settlor's probate estate, if any, so desires; provided, further, in the event that there shall be included in the trust property and estate any United States Treasury Bonds or other obligations redeemable at par value in payment of the United States Estate Tax imposed upon or with respect to all or any part of the trust property and estate, the Successor Trustee is hereby directed to apply such Bonds o r other obligations toward the payment of said tax in an amount not to exceed the total of such tax and any interest accrued thereon, which Bonds or other obligations may be so applied directly by the Successor Trustee, or, in the Successor Trustee's discretion, may be delivered to the Personal Representative of Settlor's probate estate, if any, in which latter case the Successor Trustee may rely upon any written representations made to it by such Personal Representative as to the total of said tax and shall be under no duty to verify the same. Further, where it is permitted by law to claim expenses as either income or estate tax deductions, Settlor's Successor Trustee may, but shall not be required to, make such adjustment between income and principal as Successor Trustee shall deem proper. Settlor's Successor Trustee shall not be accountable or responsible to any person interested in Settlor's property for the manner in which it shall exercise such election, and the decisions with respect to adjustment between income and principal shall be binding and conclusive upon all persons interested in Settlor's property. T) To determine what part of cash or other property received by it is income and what part is principal, and to determine what expenses and other charges, including Trustee's fees and disbursements, shall be a charge against principal and what against income; provided, however, that stock dividends, rights to subscribe for any stock or securities, or any profit or gain which may accrue from any sale, exchange, or other disposition of assets and property comprising or included in the Trust Fund, shall not be determined to be income subject to distribution, but shall be determined to be principal and shall be added thereto and treated in all respects in the same manner as the original principal of the Trust Fund after deduction therefrom as a charge against the same of all income taxes payable with respect thereto, and all losses sustained as a result of the sale, exchange, or other disposition of assets and property comprising a part of the Trust Fund shall be charged against the income of the Trust Fund or reduce the amount of such income subject to distribution. All cash dividends except liquidating dividends shall be considered as income. U) To pay, satisfy, and discharge all last illness and funeral expenses resulting from Settlor's death, and all debts, just claims, and administration expenses outstanding at the time of Settlor's death or resulting from Settlor's death, and to pay or otherwise satisfy all specific bequests under Settlor's will, as admitted to probate, in the Successor Trustee's discretion, to the extent that the fiduciary of Settlor's estate so desires, or to the extent that there are insufficient funds in Settlor's estate to pay said aforementioned items, without requiring any reimbursement from the Settlor's executors or administrators or other persons receiving property as a result of Settlor's death, pr ovided that no qualified pension or profit-sharing plan comprising a part of the trust estate, which are deemed not to be a lump-sum distribution as defined under the Internal Revenue, and otherwise not subject to Federal Estate Tax, or life insurance proceeds shall be used for such purposes. (V) To construe the trust provisions of this Trust Agreement and any construction thereof, any action taken thereon by the Trustee in good faith shall be final and conclusive, and the Trustee may correct any defect, supply any omission, or reconcile any inconsistencies in said trust provisions in such manner, and to such extent, as the Trustee shall deem expedient to carry the same into effect, and the Trustee shall be the sole, final and conclusive judge of such expediency. W) To make all discretionary decisions provided for or required by the provisions of this Trust Agreement, in their sole, absolute and uncontrolled discretion. (X) Generally to do any and all acts and things and to execute any and all written documents with respect to any property at any time held hereunder which the Trustee would be entitled to do were such property owned absolutely by the Trustee. (Y) To elect or not to elect to treat all or any portion of estimated tax paid by any trust created hereunder as a payment by a beneficiary of such trust, which election may be made pro rata among the beneficiaries or otherwise in the discretion of the Trustee, whose decision shall be conclusive and binding upon all parties in interest.It is the Settlor's intention and purpose, except as otherwise provided in this Trust Agreement, to confer upon the Trustee and Successor Trustee the broadest and fullest power and authority with respect to each trust created hereunder which it is possible for an individual to exercise over his own property and the Trustee and the Successor Trustee shall exercise such powers and authority in their sole discretion, in such manner, and to such extent, as they shall deem advisa ble. The provisions of this Article IX shall continue in effect with respect to any property at any time held hereunder until the execution or termination of the trust with respect thereto shall have been completed by the payment or distribution thereof pursuant to the terms of this Trust Agreement.No powers of the Trustee enumerated herein or now or hereafter conferred upon the Trustee generally shall be construed to enable Settlor, or Trustee, or Successor Trustee, or any of them, or any other person to purchase, exchange, or otherwise deal with or dispose of all or any part of the Trust Fund for less than an adequate consideration in money or money's worth, or to enable Settlor to borrow all or any part of the principal or income of this Trust, directly or indirectly without adequate interest or security. No person other than Trustee shall have or exercise the power to vote or direct the voting of any shares or other securities of this Trust, to control the investment of this Tru st either by directing investments or reinvestments or by vetoing proposed investments or reinvestments, or to reacquire or exchange any property of this Trust by substituting other property of an equivalent value. ARTICLE X [Description]This Trust has been accepted by the Trustee in the State of Maryland and it is the intention of the parties hereto that this Trust Agreement shall in all respects be construed, interpreted, and administered according to the laws of the State of Maryland and that the parties in all things in respect thereto shall be governed by such laws. This Article, however, shall not be deemed a limitation upon any of the powers of the Trustee or Successor Trustee, or to prevent their investing in properties, real or personal, located outside of the State of Maryland. ARTICLE XI [Description] The Trust created by this Trust Agreement is revocable by the Settlor who, at any time, may execute such further instruments as shall be necessary to revoke it.Settlor reser ves the right to alter, amend, or revoke this Trust Agreement in whole or in part, at any time or times, and from time to time, by a letter or memorandum in writing delivered to the Successor Trustee; provided that the duties, powers, and liabilities of the Successor Trustee shall not be materially or substantially changed by such alteration or amendment without Settlor's consent thereto in writing. ARTICLE XII [Description] (A) No bond or other security shall be required of the original Trustee hereunder or of any Successor Trustee. (B) The majority of the adult beneficiaries entitled to receive or have the benefit of the income from the Trust estate may approve the accounts of any individual Trustee at any time resigning as such hereunder. The approval of such accounts shall be full and complete discharge of such Trustee and shall have the same effect as if the Trustee had presented and had its accounts approved by a court of competent jurisdiction. C) In the event any corporate T rustee shall merge or become consolidated with any other corporation, such merged or consolidated corporation is hereby appointed successor corporate Trustee, with all powers, titles, privileges, immunities, discretions, and authorities conferred upon such corporate Trustee so merging or consolidating. (D) Whenever there are co-Trustees hereunder and any Trustee is absent or unavailable, the other Trustee may act without such absent or unavailable Trustee. Any persons dealing with the co-Trustees may rely on a certificate by any one or more of them that he or they have sole authority to act because of the absence or unavailability of the other Trustee, and such certificate shall be binding on the Trust and shall require the Trustee to make fully valid the transaction with any person relying on such certificates. E) The Trustees, and any partnership, firm, corporation, limited liability company, or other business entity in which the Trustees, or any of them are interested, directly o r indirectly, whether as a partner, principal, stockholder, member, creditor, employee, or otherwise, may deal with the Trust in the same manner as a third party might, including (by way of illustration and not limitation) purchasing property from and selling services for the Trust, and joining with the Trust in a joint venture, limited partnership, partnership, limited liability company, syndicate, corporation, or other business or non-business arrangement; provided, however, that no such transaction shall take place unless the Trustees decide that the transaction is fair to the Trust and is in the best interests of the beneficiaries. (F) Any Successor Trustee may resign at any time by giving not less than thirty (30) days written notice to the Settlor, if living; and if the Settlor is then deceased, then to the remaining Successor Trustee, if any; and if there is no remaining Successor Trustee, then to all competent adult persons and the parents or guardians of all minor or incomp etent persons who are at the time entitled to receive income or principal hereunder.Upon the resignation, death, or incapacity of any Trustee or any Successor Trustee, the Settlor shall promptly designate a Successor Trustee; in the event that the Settlor is then deceased, a Successor Trustee shall be promptly designated by the remaining Successor Trustee, if any; and in the event there is no remaining Successor Trustee or if the remaining Successor Trustee fails to designate a Successor Trustee within thirty (30) days, then a Successor Trustee shall be promptly designated by majority vote of all persons who would be entitled to notice of the resignation of a Trustee if a Trustee then resigned. (G) The Settlor shall have the right at any time (i) with the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a Successor Trustee(s) to serve in place of the Successor Trustee(s) who was or were removed, and (ii) with or without the consent of the Successor Trustee(s), to remove any or all of the Successor Trustee(s) and to appoint a bank or trust company having fiduciary powers as a Successor Trustee to serve in place of Successor Trustee(s) who was or were removed. (H) The Trustees (or any of them) shall be paid a fair and reasonable compensation for services performed hereunder. I) No Successor Trustee under this Trust Agreement shall be liable for any act or omission of his predecessor, nor for any loss or expense from or occasioned by any act or omission of his predecessor, nor shall any Successor Trustee be obligated to inquire into the validity or propriety of any such act or omission. Any such Successor Trustee shall be entitled to accept as conclusive any accounting and statement of assets furnished to such Successor Trustee by his predecessor or by the personal representative of such predecessor and shall further be entitled to receipt only for those assets included in such statement. (J) The use of any gend er herein shall be deemed to include the other genders, and the use of the singular shall be deemed to include the plural (and vice versa), wherever appropriate. K) Wherever the term Trustees is employed herein, it shall be deemed to refer to the original Trustee and any Successor Trustee or Successor co-Trustee named herein or other Trustees or co-Trustees appointed hereunder. ARTICLE XIII [Description] Any Successor Trustee shall have all the duties and powers assumed by and conferred upon the Trustee under this Trust Agreement. The appointment of a Successor Trustee shall be made by a duly acknowledged instrument delivered to the beneficiaries. IN WITNESS WHEREOF, Settlor has signed and sealed this Trust Agreement and, to evidence acceptance of the terms and conditions of this Trust, the Trustee and Successor Trustee have signed and sealed this Trust Agreement, all on the day and year indicated below. witness: | |SETTLOR:
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