...Yeah, well, you can thank Non-Linear Pro for that. It’s just a garbage editing system. [00:16] Yeah, thank god we didn’t buy it. [00:18] Quick Takes Video didn’t buy the Non-Linear Pro editing system, but there are questions about a lease. [00:24] And it’s no small matter, as Janet is about to find out. [00:28] You’ve got a hell of a nerve sending me a bill for $5,000. Look, I didn’t lease that junk for three months. [00:34] It was here on a trial basis for three weeks, and it didn’t work. I should send you a bill for wasting my time. [00:39] Look, I can’t help it if you hire idiots who couldn’t run a donut shop, let alone an editing system. [00:44] Look, I have Janet Mason’s signature on a lease, which clearly stipulates that you’re liable for the minimum length of three months. [00:52] So listen, you either pay us, or you’ll hear from my lawyer. [00:56] No, no, you’re going to hear from my lawyer. I may sue you for loss of staff time. [00:61] Janet, will you come in here for a minute? [00:70] Janet, why did you sign a lease for that jerk from Non-Linear Pro? It was supposed to be a trial. Now why did you sign anything? [00:79] Hal, I didn’t sign any lease. [00:81] Well why is he telling me that you did? [00:83] Hal, honest to god, the only thing I signed was a slip when the system was delivered. One of the delivery men just handed me a clipboard. [00:90] Did you read it? [00:91] No. Oh god, Hal, I’m so sorry. What have I gotten us into? [00:99] Unless you want to pay...
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...University BUS215 Be Careful What You Sign Argosy University BUS215 Be Careful What You Sign Be Careful What You Sign Sudson Washer & Dryer Service which is the (lessor) and Letisha is the (lessee), entered into a contract together for a five-year period which according to Sudons is a Standard lease. Letisha is a young woman with her own apartment unit and I am sure she is very excited about doing an upgrade to keep her tenants satisfied with the updated washers and dryers. This contract is presented to Letisha on one page only. The front page of this contract was signed by both noting Letisha as the lessee and the salesman for Sudson as the lessor. Letisha should retain a signed copy of this contract for her records. Now, as a salesperson the salesman should have informed Letisha of all the detail pertaining to the contract so that she is full aware of what its states. He should have gone over the entire front and back page with her so she can be aware of the additional terms on the back side if she chooses not to renew her contract, which regarded the renewal clause to agreements made in that state. The salesman did not inform Letisha of that renewal clause. In that section on the back is where she would have taken notice of a provision of what happens if a 90-day written notice of termination is not received by Sudson company. In this agreement it specifically states that the company contracts are based on five-year leases; it is noted that it will renew...
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...EthicsBe Careful What You Sign| | Tiffany Sigala| 7/30/2014| The purpose of this essay will be to state my opinion of which country the dispute should be handled in.| If Letisha does not pay and Sudson sues her for breach of contract, what legal arguments could be raised in Letisha’s defense against the enforcement of the automatic renewal clause? According to definitions.us.legal.com, some state and local laws do not enforce automatic renewal clauses are. Without knowing what state or locality she lives in, it would be hard to tell for sure if this fact would help her or not. It is important to not only read the full contract before signing it, but also consult state and local laws. In an article found on www.kirchenbaumesq.com[->0], sometimes a renewal clause that shocks the court might not be enforced. This might be something that works in Letisha’s favor because part of Sudson’s renewal clause is that the lease will renew for three terms of five years each, which seems a bit outrageous. The same website says that some states also require companies to send out a notice advising customers of the provision for automatic lease renewal. It does look like Letisha may have a couple of ways that she might be able to get out of paying Sudson’s for another fifteen years. What legal arguments could be raised by Sudson in support of the enforcement of the automatic renewal clause against Letisha? The only argument I can find is that Letisha did not read the entire contract...
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...selected was reducing agency staff and changing the skill mix for Elijah Heart Center. The reason why I chose this option is because we can reduce some cost by not hiring so many contracting nurses to save on payroll and increase the unlicensed staff to be used in some areas more than others to save some revenue and not jeopardize the quality of care for the patients first. I picked loan option 1, which the loan is 1.5 million at 9.45% interest rate, monthly installments of 131,490 for 12 months and no prepayment limitation, so we put nothing up front initially (University of Phoenix, 2011). My outcome was making a smaller loan at a higher rate to defray cost while reducing contracting nurses and utilize the unlicensed staff to be diverse in multiple skills in the hospital and not cut quality of the patient’s care at this health facility. Funding Options for Equipment You do not have to buy a new CT scanner because this machine is the least expensive in the hospitals and it can be upgraded if need be for the life of this machinery (University of Phoenix, 2011), so I chose buying a refurbished scanner, plus you can upgrade when needed, and do not have to pay the fee that goes with it, which saves the hospital in the long run. Capital lease option for the x-ray machine I picked. Lease...
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...was reducing agency staff and changing the skill mix for Elijah Heart Center. The reason why I chose this option is because we can reduce some cost by not hiring so many contracting nurses to save on payroll and increase the unlicensed staff to be used in some areas more than others to save some revenue and not jeopardize the quality of care for the patients first. I picked loan option 1, which the loan is 1.5 million at 9.45% interest rate, monthly installments of 131,490 for 12 months and no prepayment limitation, so we put nothing up front initially (University of Phoenix, 2011). My outcome was making a smaller loan at a higher rate to defray cost while reducing contracting nurses and utilize the unlicensed staff to be diverse in multiple skills in the hospital and not cut quality of the patient’s care at this health facility. Funding Options for Equipment You do not have to buy a new CT scanner because this machine is the least expensive in the hospitals and it can be upgraded if need be for the life of this machinery (University of Phoenix, 2011), so I chose buying a refurbished scanner, plus you can upgrade when needed, and do not have to pay the fee that goes with it, which saves the hospital in the long run. Capital lease option for the x-ray machine I picked. Lease term is greater than 75% of the property's estimated economic life, the lease contains an option to purchase the...
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...show just how to go about making these changes to save money. I will explain as to why I choose what I did in this paper. The cost-cutting options I choose were changing the skill max and reducing agency staff. The reason as to why I choose changing the skill max is to allow the nurses to focus upon their more important tasks. Nurses do not need to be doing what another individual is capable of doing those people that do not have skills. Such as answering phones, faxing documents, scheduling appointments, and so on. Receptionists are mostly unskilled and do not require a lot of training, except hands on through the office training. The nurses and other skilled professionals need to focus more on the importance of their jobs by taking care of patients. Those who are unskilled do not expect to be paid like a skilled person; with this option it is saving money for the hospital. The second option I choose was to reduce agency staff that is contracted. It is stated in the cost cutting options menu that the agency staff salaries are double of what other staff in the hospital are getting paid. There is only a need for a few agency staff in the hospital. It would allow other people to have hospital jobs which are cheaper since they are not getting the doubled salary. Whenever a contracted worker is hired for any job they understand that the job is not permanent so at any time they can be laid off. The loan option I chose was option 1. To me this was the best way to save money on interest...
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...discussions, the four of us decided to set up a business catering to parties and weddings under the name of At Your Service. Unfortunately the business did not generate the expected profits therefore we are in the process of dissolving the business. How will we split the $15,000 left in the investment? It is unfortunate that we did not make a formal agreement that outlines an exit strategy. There is always risk in business and the best way to handle the unexpected is to plan for it ahead of time. If we think about the capital distribution at the beginning of the partnership, we put $25000 and the chefs put $10,000 plus $10,000 adding up to $45,000 for 100% of the shares. Each share is worth $450 , therefore we own 55.5% of the company while chefs own $45.5%. Now we have $15,000 left to be split. If we split this capital according to the ownership percentage, we should receive $8,325 and the chefs should receive $6,675. But we do not think the chefs deserve this as they caused the business to fail. Also we will need capital for our new venture, therefore we should only give them $3,000 and keep the $12,000. In order to get them agree on this distribution, we should use the kitchen equipment as a negotiation factor. We can not utilize the kitchen equipment in our flower shop, but it is essential for the chefs. How to handle the lease on the kitchen space, which has 18 months more to run? We will need to rent space for our flower shop, and the store front of the catering...
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...Real Estate Development and Investment Founded in 1807, John Wiley & Sons is the oldest independent publishing company in the United States. With offices in North America, Europe, Australia and Asia, Wiley is globally committed to developing and marketing print and electronic products and services for our customers’ professional and personal knowledge and understanding. The Wiley Finance series contains books written specifically for finance and investment professionals as well as sophisticated individual investors and their financial advisors. Book topics range from portfolio management to e-commerce, risk management, financial engineering, valuation and financial instrument analysis, as well as much more. For a list of available titles, please visit our Web site at www.Wiley Finance.com. Real Estate Development and Investment A Comprehensive Approach STEPHEN P. PECA John Wiley & Sons, Inc. Copyright # 2009 by Stephen P. Peca. All rights reserved. Published by John Wiley & Sons, Inc., Hoboken, New Jersey. Published simultaneously in Canada. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, without either the prior written permission of the Publisher, or authorization through payment of the appropriate per-copy fee to the Copyright Clearance...
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...24, 2012 Michael Kelley Contract Creation and Management Assignment (Option 2) Recently I reviewed a video about a Software company suing another Video company because they did not pay the amount owed for leasing editing equipment. According to personnel at the Video Company, the equipment did not work properly and they didn’t know the company signed a lease. They thought the equipment was provided for free on a 30-day trial basis. However, an employee of the company signed documents to receive the equipment and found out later that she actually signed the lease for the equipment. The Software Company assumed that the employee had the authority to act on behalf of the Video Company. However, she didn’t have the authority to sign the lease. The Video Company contacted their attorneys to review the case. The attorneys are trying to get the case reviewed through arbitration. One employee admitted that he told the salesperson “you can make the arrangements with her”. The attorneys stated that the acknowledgement gives the impression that the employee was allowed to act as an agent on behalf of the company. The following discussions in this paper will focus on contract formation, administration, and legal remedies. Contract Formation Based on my review of the video, the employee (Janet) did act as an agent for the company. She’s also ordered and received supplies and other items. Therefore, the company should establish an expressed agent contract with the employee...
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...Orendorff FROM: Jinlin Dai RE: chapter 9, #5, pg.243 Relevant Facts: You want to lease your automobile to a friend for the summer but do not want to pay a lawyer to draw up the lease. Joanna, a neighbor, is in law school. She is not licensed to practice law. She offers to draft a lease for you for $100, and you unwisely accept. Later, you refuse to pay her fee and she sues to collect. Problem or Issue: Who will win the lawsuits, and why? Apart from the law, was it morally right for the law student to try to help out by drafting the lease, and why? Was she acting helpfully, or foolishly, or fraudulently? Is it just for you to agree to her fee and then refuse to pay it? What is society’s interest in this dispute? Should a court be more concerned with the ethical issue raised by the conduct of the two parties or with the social consequences of this agreement? Answer or Resolution: I will win the lawsuit. Joanna and I have no contract of leasing. It is right on morally to try to help me out by drafting the lease. She has no license of a lawyer, so she acts foolishly. It is not just for me to agree to her fee and then refuse to pay it. The society interest in the law school student whether or not can draft a lease. The court should be more concerned with the ethical issue raised by the conduct of the two parties. Analysis: A car sale contract passes ownership of the car from seller to buyer. The contract can be drafted and signed by the buyer and seller without a lawyer or...
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...John Smith worked on a case for more than two years and received a lump sum payment of $300,000 for his work plus an additional $25,000 for pre-paid expenses. He wants to know how this money will be treated for tax purposes. John’s company is what is known as an LLC or Limited Liability Company, and for U.S. federal income tax purposes, an LLC is treated by default as a pass-through entity. Since John is the only person in the company, the LLC is treated as a “disregarded entity” for tax purposes, and an individual owner would report the LLC’s income or loss on Schedule C of his individual tax return. According to the IRS, Taxable earned income includes: • Wages, salaries, tips, and other taxable employee pay • Union strike benefits • Long-term disability benefits received prior to minimum retirement age • Net earnings from self-employment • Gross income received as a statutory employee (What is Earned Income?, 2012) According to the IRS description above, John earned a total of $325,000 from the case that would be considered taxable income. The $25,000 is included as income for the expenses that John has incurred over the past two years. However, John will only be able to deduct expenses that occurred during the current year and any prior year expenses should have been deducted in the tax year that they were incurred. If this was not completed, he should amend any previous year’s return to reflect the deductions. This money is reported as income and should be reported...
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...differ by industry and region? a. The area surrounding the old mill had been gentrified with upscale development and the property owners did not want to renew MPS'S expiring lease. A clean environmental bill of health would help the lease holders decide towards renewing the company's lease. ISO 14001 was the newly released standard for a company's EMS. Being certified by a third-party registrar as compliant would ensure the customer the MBP was environmentally responsible. b. Each industry has its own set of standards different from others. The region that it is also an impact. (Clean and Green vs. Industry Centers). 2. How does the “SmartWood” or FSC certification differ from ISO 14001 certification? a. SmartWood assures customers the “chain-of-custody” standards for forestry certification programs worldwide are followed. The importance of FSC certification to wood processors, assures product suppliers were managed in an environmentally friendly manner. b.ISO 14001 are the international standards for evaluating a company's environmental management systems(EMS'S) by third party registrars, assuring the customer that MBP's suppliers are environmentally responsible. 3. What role do “aspects” and “impacts” have in ISO 14001? What did Josh discover about the “right” and “wrong” way to identify environmental aspects? a. You must identify the aspects that need to be evaluated for significant impact on the environment. Impacts are the outcome of the aspects. Example...
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...Product Liability (Music) [00:08] Whatever kind of equipment you buy, you expect it to work for the purpose intended. [00:12] By selling or leasing an editing system to Quick Takes Video, Non-Linear Pro is implying that the system can be used to edit video. [00:20] How well it performs is another question. [00:23] So… you know, Hal thinks that this Non-Linear editing system is going to cut the time on every project in half, [00:31] but since everything’s got to be digitized first, it, ah, may not save as much time as he thinks. [00:37] Yeah, but you know, everything’s going digital these days, so, you know, we may as well get started. [00:42] That’s true. [00:43] You know, besides, once the video’s digitized, it should make editing a lot more fun. [00:48] Oh, you know what? I ran into John from Video to Go at Barney’s the other night, and he said that they have, like, all the A-Line systems, and he loves it. [00:58] So I wonder why we didn’t use A-Line instead of Non-Linear Pro. That’s… [00:62] Well, you know Hal. [00:64] What? [00:65] This is probably much cheaper. [00:67] It’s true (laughs). [00:68] Yeah. [00:69] Ah, let’s just cut the, cut the lights, and ah… watch this tutorial, okay? [00:75] Oh, hold on, let me just make sure that the drive is in place. The manual’s really clear about this, okay? [00:79] Okay. [00:80] Let’s see if I can get this… OUCH! [00:82] Oh, what happened? [00:84] Oh man, I cut my finger on this sharp piece of metal down there. Jeez...
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...Composition 1 Between Life and Death The first time I went hunting, I quickly learned that being aware of your surroundings is very important to having a safe hunt. There are many dangers that you must know how to deal with while hunting for wild animals. Hunting requires extreme caution. Many people think they know everything there is to know about the dangers of hunting, some even do it after consuming alcohol, but what many people do not really understand is how to get out of these dangerous situations. I had to solve a dangerous problem that I did not think would ever happen, to save my best friend. Dustin and I were invited to go hunting with his Dad and some of his Dad’s friends. I had just gotten a shotgun for my birthday, and I wanted to finally put it to some use. We set out to his Dad’s friend’s lease just outside a small town near San Angelo. I was excited to learn how to shoot a gun and, hopefully, be able to hunt my first dove. After hours of driving, we finally arrived at the lease. It was like something I had never seen. There were retired school busses pushed side-by-side in a square, turned into something like cabins. The owner of the lease had built bunk beds up and down both sides of the four school busses. We unpacked our things onto the busses, and Dustin’s dad took out his handgun. He showed Dustin and I how to handle it, unload it and shoot it. We shot the handgun at targets for a while, and then we began to practice shooting our shotguns...
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...percentage into their benefits depending on what they already contribute. I also relies when going through the hiring process people are not only looking at the salary’s offered they are also looking at the benefits offered by the company so that may deter new hires if the percentage they contribute is too high. For the second question of phase I the loan option I selected was option 1. The outcome of my choice is the total interest paid out is $11,813 and the saved is $66,073, during the first quarter the hospital will save $811,249. During phase II the selections I chose was to purchase a refurbished high speed CT scanner, to have a capital lease on an X-ray machine, and a operating lease on an ultrasound machine. “When it comes to acquiring the medical equipment and supplies you need to run your practice, is it best to buy or lease? It’s an important decision for...
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