...Case Study #3: Distribution Agreement Shed some light Raynonplus is a small, family-owned eyewear business located in Ottawa, Ontario, Canada. Started by Pierre Dupuis in 1952 under the name of Visionplus, the company has been exclusively owned and operated by the Dupuis family for over 50 years. Currently, the business—a sole proprietorship—is owned and managed by Gerald Dupuis, grandson of the original entrepreneur. The Dupuis’ changed the business name in 1957 to capitalize on a trend in polarized sunglasses that swept the neighbouring French speaking province of Quebec. Traditionally, Raynonplus sold a wide range of generic and brand name eyewear including prescription lenses, contact lenses, frames and sunglasses; but no proprietary goods. After Gerard took over the business in 2004, he and his fashion designer wife Dominique introduced their own brand of sunglasses under the trademarked name of Ray à Porter. Initially, the brand was marketed as an alternative to lower end or generic prescription sunglasses. The demand for these sunglasses, fueled by the bold and unconventional styles and materials used by Dominique in her original designs, soon elevated the Ray à Porter brand into designer label market status. Customers from Quebec made up a large part of the target audience, accounting for 35 percent of sales. I wear my sunglasses… in France One of Ray à Porter’s biggest customers is Quebec pop sensation Zoé, an international superstar in the French speaking...
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...entered into a five-year research and development agreement with Careway Pharma Inc. In connection with executing the research and development arrangement, SolvGen and Careway also entered into a five-year license and distribution agreement. Under the terms of the research and development agreement, SolvGen retains all intellectual rights to the results and is entitled to the following five nonrefundable milestone payments from Careway: 1. Exclusive negotiation payment — $1 million (paid December 1, 2005). 2. Contract signing payment — $2 million (paid January 1, 2006). 3. Commercial launch of instrument system Version 1 — $5 million (paid March 31, 2006, upon commercial launch of the instrument system). 4. Commercial launch of instrument system Version 2 — $5 million (not yet paid). 5. Commercial launch of instrument system Version 3 — $5 million (not yet paid). Under the license and distribution agreement, Careway will have the right to market and distribute the proprietary instrument systems. Careway is required to pay SolvGen for each proprietary instrument system as it is purchased by Careway. SolvGen recognizes the nonrefundable milestone payments when the payments are received over the remaining estimated contractual life of the agreements. Based on an evaluation of the circumstances, there are two deliverables in this arrangement that should be considered for separation: a. A license and distribution deliverable b. A research and development deliverable...
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...Katy Chilton Danle Case 08-9 Case 08-9 Fraud and Illegal Acts We have been hired to perform an audit of Jersey Johnnie’s Surfboards Inc. (the “Company”), which is an SEC registrant. Before completing the December 31, 2005, audit of the Company, Harry Hodad, the engagement partner, received a call from Tom Tube, the Company’s director of ethics and compliance. Mr. Tube said that the Company’s outside service provider that receives calls to the Company’s ethics and compliance hotline had informed him directly that the hotline had received a call alleging certain accounting improprieties as well as concerns about management’s overall commitment to accurate financial reporting. The transcript of the call was provided to the engagement partner and is included as Attachment I. Required: What steps should management, the Board of Directors, or the Audit Committee of the Board of Directors take in response to allegations of possible fraud or illegal acts? The steps that management, the Board of Directors, or the audit Committee of the Board of Directors should take in response to allegations of possible fraud or illegal acts are that they should pay extra attention to transactions, accounts, issues, or situations that could indicate fraudulent behavior or illegal acts. When they are more aware of information that could lead to a fraud discoveries or illegal acts they should determine if fraud or illegal acts are possible. The next step is to see if possible fraud and...
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...all of the major scientific journals, including Nature and Science. In 2004, Hotamisligil was able to demonstrate that excess fat, by itself can cause stress signals and medical problems. In the field of metabolic health and disease it is clear that Hotamisligil has played an extremely important role in its development, with his numerous contributions and many publications in the field. Since starting his career back in the 80s he helped to shape the modern view of metabolic health and took important steps towards understanding underlying causes of Type 2 diabetes and metabolic disease. 2. The agreements between Syndexa and Harvard were complex because the agreements required exemptions to many of Harvard’s internal policies and issues on conflicts of interest. Although both Harvard and Syndexa recognized that a simultaneous execution of a license and sponsored research agreement was necessary. The negotiations between Syndexa and Harvard was not atypical,...
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...acquire Nicholson while allowing them to retain control and management independence of the company. However for Cooper to be able to realize the benefits of such a deal they would need to increase the efficiency of the business through refining their product offering through cutting certain product lines and reducing employees who’s tasks have become redundant due to the merger as well as combining the two companies’ distribution networks. This will likely result in the retention of the Nicholson family’s shares since Cooper will probably not allow complete management independence. To take control of Nicholson, Cooper needs to obtain 265,000 more shares but if the Nicholson management does not accept Cooper’s terms then the 247,000 shares that are held by speculators and uncommitted shareholders will not be sufficient. This leaves them with the option of striking an agreement with H.K. Porter. Since Porter now has 177,000 shares that will be converted to VLN preferred shares if Nicholson accepts their offer, it would be beneficial for them to come to an agreement with Cooper since their preferred shares are a more attractive option. Porter’s position may leave room for negotiation, Cooper may be able to bring down their asking price of a tax free $50 per share. Besides the current issue of Cooper being able to acquire Nicholson, they may have to consider some other problems they may encounter post merger. Assuming the Cooper manages to acquire a controlling share of Nicholson...
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...Garima Sharma has quite some experience in terms of handling relationships : she was the head of human resources at Norton Network for 10 years before joining Ferro, and has been entrusted by her husband to organize Metal Star's representative, Sheikh Yusuf's trip to India to inspect the product he coveted. We believe her decision to release the shipment was a wise one for many reasons. First of all, 45% of Ferro's revenues come from foreign operations, 5 of the top 10 Ferro's clients are foreign, and although Metal Star isn't one of them, it cannot be ignored as the company had agreed to buy 6 machines for 10 million INR. Plus, with both the domestic and foreign competition that can offer pretty much the same high-quality machines at lower prices, Ferro needs every deal they can strike in order to manage to get the company through with its investment plan and get up to speed in terms of cutting-edge technology. In a nutshell, Ferro needs to find a solution which satisfies both parties. Garima is known to have a good and quick understanding of people's traits, which makes her able to offer customized treatments to her clients, even during turmoiled times (i.e payment crisis with Sheikh Yusuf). And this is exactly what she has done by finally agreeing to split the demurrages between Ferro and Metal Star before eventually releasing the machines to Yusuf, in hope of receiving payment. I don't think there would have been any better solution, as some other ways have already...
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...Dankers Our first meeting took place on the 20th of Febuary 2013. We discussed what parts each of us were doing and scheduled the tasks each of us have to complete. We are going to try and do most of the project as a group so that we agree with each other. We plan to meet twice a week to discuss our plans. Week 1 | March 4st-8th | Choose our particular operations model that best suits Dankers. | Week 2 | March 11th-15th | We will meet up and discuss the work and research we have all carried out. | Week 3 | March 18th-22nd | We will begin to combine and collect our information and start to build the plan. | Week 4 | March 25th-29th | At this stage we hope to have completed the plan giving us time before the due date. | We have divided the parts equally into the following parts: X will research different operations models, using course concepts and ACS. X will look at customers perspective and what would best suit them. X is going to look at market expectations and research what would be the best way for Dankers to forward into their new venture. Challenges: Some challenges that we might face is agreeing on the plan that best suits Dankers. This is why we have agreed to meet twice a week so that we all agree with each member is putting into the plan. We do have a due date so we have made a timetable that will make sure we have it done on...
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...Partnership Agreement THIS PARTNERSHIP AGREEMENT is made this __________ day of ___________, 20__, by and between the following individuals: | |Address: __________________________ | |___________________________ |City/State/ZIP:______________________ | | |Address: __________________________ | |___________________________ |City/State/ZIP:______________________ | 1. Nature of Business. The partners listed above hereby agree that they shall be considered partners in business for the following purpose: ______________________________________________________________________________ ______________________________________________________________________________ 2. Name. The partnership shall be conducted under the name of ________________ and shall maintain offices at [STREET ADDRESS], [CITY, STATE, ZIP]. 3. Day-To-Day Operation. The partners shall provide their full-time services and best efforts on behalf of the partnership. No partner shall receive a salary for services rendered to the partnership. Each partner shall have equal rights to manage and control the partnership and its business. Should there be differences between the partners concerning ordinary business matters, a decision...
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...First Nations peoples to a dedicated land claim elsewhere. As a result, Treaty Nine (also referred to as “The James Bay Treaty”) was established on July of 1905, between the Government of Canada, in the name of King Edward II, and various First Nations groups in Northern Ontario (Treaty Texts, n.d.). The Ojibwa and Cree were two key groups involved in the signing of this treaty, representing their people in agreement with the government's terms. They had the basic idea that the treaty was one of sharing and friendship and their goal was to establish a relationship with the government of the day, where they could share the land and take part in the decisions affecting it (The Mushkewgowuk and Anishinaabe Peoples, 2009). They were poor and needed assistance, blindly welcoming the opportunity to start a discussion and enter into a treaty with Canada, which was thought to be an agreement that would bind each party together in good faith (George MacMartin's Big Canoe Trip, 2014). Hunting, fishing and trapping rights were of great significance and needed to be secured in an agreement with the government but the Indians also needed monetary help, schools for their children and to know that they would not be interfered with in their traditional lifestyles on the land and waters. Nevertheless, oral understandings of the treaty show that what was discussed and agreed to by the Indian peoples was not reflected in the written treaty; there is a problem concerning the verbal promises and especially...
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...Assignment 1: Consensual Relationship Agreements Case Study Due Week 3 and worth 100 points Read the Consensual Relationship Agreements case study located in Chapter 2. In Questions 1 and 2, focus on non-ethical ramifications (save any discussion of ethics for Question 3). Write a six to eight (6-8) page paper in which you: • Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. • Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length. On the Written Assignment, "Consensual Relationship Agreements"; it's due this week Sunday, October 28th, by 11:59PM. Remember also to be sure to proofread your paper thoroughly because for each typographical mistake, incomplete sentence, or non-response to the assignment questions, points will be deducted. In addition, APA formatting has to be used which certainly includes in-text citations and a Reference page; check the Resource Center for an example of APA guidelines. Finally, once the paper is submitted, that will represent the final grade for the assignment; there are no-resubmissions allowed. Organizational Behavior Perceptions & Attributes by Tara Duggan, Demand Media http://smallbusiness...
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...* Negotiations * “The perfect negotiation” * Phase 1-Preparation * Decide what you want and prioritize your wants -High importance: those you must get if you are to agree at all. -Medium: those that you would prefer to attain, but are not critical -Low: those that you would like to attain, but would not let them jeopardize the deal Assign ranges of possible values to each want Ex: 100-150 euros or “will deliver by Friday” * Phase 1- Preparation Issues Wants Importance Entry Exit Problems your ideal high, med, low should be walk reasonable away * CHECKLIST FOR PREPARATION 1. What are the negotiable issues? 2. What do you want for each? 3. Rank each by it’s importance to you * -High absolutely critical – certain or no deal * -Medium – important but not critical * -Low – like to achieve but would not sacrifice the deal if not obtained 4. What are your entry and exit limits? 5. Entry terms should be reasonable 6. Exit terms are your “walking away” positions 7. All prepared positions could be revised if circumstances suggest changes are advisable * Phase 2-Discovery -Ask open ended questions “How’s business?” “What do you hope to get out of today’s negotiation?” -Listen for clues to what they really want, take notes, the more they talk the better -What criterion are you using? What are your priorities? How do you calculate those numbers? How do you feel about...
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...Corporate leaders today report feeling that they must consistently barter to extract complicated agreements from people with power over industries or individual careers. Sensing that theyre in continuing danger makes them want to act fast, project control ( even if they do not have any ), depend on duress, and defuse stress at any cost. The end result could be a compromise that fails to address the real problem or opportunity, raised resistance from the opposite side that makes agreement very unlikely, antagonism that sours future talks, a failure to develop relations based primarily on mutual respect and trust, or an agreement that creates great exposure to future risk. To avoid these risks, corporate executives can apply the same strategies used by well-trained military officials in hot spots like Afghanistan and Iraq. Those in fundamentalist negotiators angle for others perspectives, propose multiple solutions and invite their counterparts to critique them, use facts and elements of fairness to persuade the other side, methodically build up trust and commitments over the course of time and take steps to reform the negotiation process as well as the result. Get The Big Picture Avoid Presuming you have all of the facts : look, its plain that. presuming the other side is biased but youre no assuming the other sides inducements and aspirations are obvious and doubtless nefarious Instead Be curious : help me know how you see the situation. Be humble : what do I have...
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...In “I Spy” several themes can be discovered. However, the theme which our group noticed right away was the “Parent-child-relationship” and more specifically the “Father-son-relationship”. In the very beginning of the text we are told that the boy does not like his father (notice p. 534, lines 22-25) Several times in the short story it is outlined that Charlie is actually terrified of him. In contrary to this he adores his mother (see page 534, lines 25-27). Not until the father is taken away Charlie feels that he loves him (537 bottom). In our group we believe that this sudden feeling of love for the father is due to Charlie wanting his mother to himself. When talking about this with the other groups it led to a discussion whether or not this is a picture [jk4] of Freud’s Oedipus complex. Some did not agree on this since the complex occurs much earlier in life. Besides this some argued that Oedipus did not know his parents which Charlie does. But since Freud was just showing the main idea of the myth instead of using it literary,[jk5] the claim that the short story is also about “Freud’s Family Romance” is still supported. The fact that Freud was becoming very popular in England at that time could furthermore speak for this being the right interpretation. Therefore some agreed that Charlie could just be in the middle of an unsolved Oedipus complex. Another theme within the short story could be manhood. This theme is, however, slightly connected with the abovementioned...
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...Meeting held on the 20th of August 2015 Attended: Junior, Vijen, Ashley, AKA Joe, PV, Jackie and Inam 1 Trustees to assist 2 Nothing we agreed on gets done 3 Eton close and Ille De Capri should have a common guard at the entrance 4 Gate next to the skipper should be fitted by tomorrow 5 Quotes require for about 8 wireless cameras 6 Urgent plumbing should be sorted out urgently 7 Need to follow up on the roof leak at Unit 46 8 Need to get the agreement between Eton close and Ille De Capri for the use of Ille De Capri’s entrance 9 Speak to Eton close about installing boom gates 10 Sticker system should be in place by the 01/09/2015 11 We all must speak less, think more and not make accusations 12 We all should send emails to Inam to send a weekly email to Garreth, Garreth should give feedback within 7 days 13 Residents to speak to Jackie with issues, Jackie to contact Garreth, Garreth to mail the trustees 14 Cutting of electricity should be implemented, notice should be served to the owner before cutting. 15 Last agreement between ADT and Ille De Capri required 16 when having parties at the Lapa only a certain amount of people should be allowed. Once visitors parking is full visitors need to park outside the complex. If the lapa is not cleaned after a party the owner will be liable for the cost of cleaning. 17 Trustees to focus on their portfolios, other there are welcome to give...
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...German. The buyer makes it clear that he was not an expert on German paintings; although the seller should examine the painting himself before putting the painting up for sale. The buyer brought the painting which later on turned out to be forgery which is in fact illegal. The court of appeal held that he could not cover his purchase price from the seller since he had not relied on the description in making the purchase; therefore, it was a misleading sale by the description. Consumer credit acts 1974 and 2006 This act applies to businesses that give money or offer goods and services on credit; these kind of organisations need to be licensed by the Office of Fair Trading. This act regulates how their advertising must be done, credit agreements and all other...
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