Cause and Consequences of urbanization in Scotland Essay

This essay will explore relevant cause and consequences of urbanisation in Scotland from 1700-1860. A dictionary-defined term would be â€Å"the social process whereby cities grow and societies become more urban.†(1. 30/08/2005). Scotland went through huge political and economical changes from the 1700’s onwards. The country went from being a rural, agricultural society with an estimated population of 1.2 million in 1755, to being urbanised, with the population rising to over 2.6 million in 1841(Lenman, p281, 2001). This figure is what makes the urbanisation of Scotland so interesting. What were the main factors that caused the population to grow so rapidly? The expansion of population over such a short period and the social changes that occurred with this. The great Agrarian and Industrial revolutions had a major part’s to play in the urbanisation of Scotland and this essay will show some enlightenment on why it was so profoundly noticeable in Scotland. Another point that will be investigated is the consequences of urbanisation, how the country ultimately became a modern capitalised country from its rural beginnings. Before and up until 1750, Scotland was very much a feudalistic country. Lords rented tenants enough land for them to produce food to survive. In return, the tenant would have to labour the Lord’s land as well as his own. The Landlord would reap the benefits, the tenant would survive, and as the majority of the people depended on the land as their lively-hood, it was a means to survival. As Devine states,_† In 1750 only one Scot in eight lived in a town (population of 4000 or over) and there was only four towns with more than 10000 inhabitants†_ (Devine, 1999, p125). This shows the enormity of Scots who were living in rural communities, with the main labour being in agriculture, weaving and fishing. The changes to agriculture began with those known as the improvers, whose main outlook was to modernise the way the land was cultivated. As the population of the country began to accelerate quickly, the improvers were looking to produce mass food instead of the old way of cultivation. During the period between 1790-1840 new farming equipment was introduced and the land that was formally cultivated  using the â€Å"infield-outfield and rug and furrow method† was improved by enclosing the land into fields making it more productive for crops and for livestock Crop rotations were also introduced which was making use of the land at all times. The introduction of single tenant farming as opposed to ferm-touns meant the beginning of the clearances, as well as agricultural tools becoming more efficient. The introduction of threshing machines reduced manual labour and â€Å"the Small’s plough – a two horse plough replaced the Scot’s plough which required a team of oxen and horses† (Devine, 1998, p138). These new ideas did create more food but they also left people homeless and jobless, as there was less labour needed, which left people no choice but to move on into the towns and cities where industry had began creating jobs. The growth of the towns and cities were intricately linked with the agrarian revolution as the mass population relied on the land for the food it produced. The other main point that Devine makes is that as the agricultural market started to accelerate, the need for exchange centres that provided legal, commerce and financial facilities for the rural communities became more prominent, so several towns including Perth, Ayr and Dumfries became the provider of these services. This again contributed to expansion of towns, as people were required to work and live in the towns to facilitate these positions (Devine 1998, p32) Therefore, we can gather that three major changes occurred at the same time and they contributed towards urbanisation in Scotland: The agrarian revolution along with the population growth, and the expansion of the manufacturing industry. As T.M Devine States, _Urbanisation could not have taken place without a substantial increase in food production to sustain the needs of those who did not cultivate their own food supplies. At the same time, agrarian productivity had to improve in order to release a growing proportion of the population for non-agricultural tasks in towns and cities._ (Devine, 1998, p32) Along with theses changes the manufacturing industry began to grow rapidly. Scotland was a major player in the transatlantic trading industry and due to its geographical position, it was booming in the tobacco trade and it would go on to prosper in cotton and linen too. Scotland’s Geographical position at this time was very important as it is situated between the Atlantic and Europe, which meant trading from one to the other, was very successful. The two major factor’s of the Industrial Revolution were, the textile industry and the productivity of the steam engine, which was revolutionised by James Watt in 1769 (Watt James online, 2005). Textiles factories and coalmines could produce more goods and they did not need to be near a water source in order to run. Due to this, the larger towns and cities began to grow rapidly. _Greenock in 1700 had a population of 2000 and by 1831 it had rose to 27500._ _Glasgow went from 31700 to 147000._ _Paisley went from 6800 to 47000._ _Kilmarnock went from 4400 to 12700_ _Falkirk went from 3900 to 11500. All within the time period from 1740-1850 (Devine 1998, p35)_ The population growth over the short period is the most significant point here as this is what made urbanisation in Scotland different. There are many different factors that affected the population growth but some are more significant than others are. Irish Immigration was very prominent and the migration of people from the rural areas had a major impact. For example:_† The majority of the migrants were young adults more concentrated in the marriageable and childbearing age groups than were the native inhabitants. High Migration because of its age composition was therefore likely to fuel natural increase in the urban areas_†.(Devine 1998,p41) At the same time the  highlanders were leaving the land either through force as the lord’s applied the new cultivation techniques to the land or through choice. The majority chose to immigrate to America; this did not affect the population growth as many Irish migrants were coming to Scotland looking for employment in the bo oming industries. â€Å"_Urbanisation meant more jobs, a wider diversity of social contacts and infinitely greater colour and excitement in the lives of the masses_† (Devine 1998 p43) Mortality rates demonstrate their huge impact on population growth too. It has been suggested that lower death rates, through natural immunity to disease highly contributed to urbanisation, as in the early 1800’s the death rate had fallen to 25 per 1000. This suggests that natural immunity and high levels of unemployment accelerated the population growth (Devine, 1998, p48). The effect of industrialisation was economically good for the country, but with it came poverty. The majority of the working class lived in overcrowded housing areas known as slums with no sanitation, and were rife with disease. As Devine argues, during periods of industrial recession when employment had slumped, there were also periods of disease epidemic. These began in 1817-1820(Typhoid), 1826-27(Typhoid) and in 1830-1832, a cholera epidemic that wiped out 10000 people. Periods of recession run parallel, the first being 1816-1818, 1825 and then 1836 (Devine, 1999, p168). In 1839, Death rates rose to 29 per 1000. People were forced to live in abominable living conditions with huge sanitations problems, the towns and cities could not cope with the urban growth and disease was the outcome. Overcrowded, sub-divided housing was a problematic issue in all the major Towns and Cities, especially in Glasgow. _†I did not believe until I visited Glasgow, that so large an amount of filt h, crime, misery and disease existed in one spot in any one civilised country† (_Butt J, 1987 p41-42). People were customised to living in filthy dark, damp squalid conditions amongst disease. As the periods of recession were leaving thousands out of work in a state of poverty, the poor law amendment act was passed in 1845, which replaced the old poor relief laws of the parishes taking responsibly for the  poor. The new law allowed a claim to be made under supervision of a board of examiners, it came in the form of indoor relief, which would be admission to a poorhouse if subject had lost the ability to work, and outdoor relief, which was for short-term illness, and this may have been in the form of payment or medicine. It could be argued that the industrial revolution was the birth of the working class and capitalism in this country. Those who owned the factories and docks made a great profit and a middle class lifestyle was adopted. This could be said to be the division of the classes, with the help of the industrial revolution, people developed a â€Å"working† class or â €Å"middle† class attitude, In conclusion, the evidence points out that several major factors occurred that accelerated the urban growth of the nation. The Agrarian revolution started the mass migrating and the industrial revolution provided the work force in order for capitalism to evolve. The consequences of urbanisation were overwhelming, yes the economy did thrive, but at what cost to the working class people, death, disease and misery.

The nineteenth century in the US

The nineteenth century in the US had an unmistakable theme, immigration. Over 20 million immigrants, mostly European, came to the United States between 1820 and 1900. They came for a variety of reasons. Most came because the economies of many European countries were in crisis and workers had a very hard time finding work. As well, some fled religious and cultural persecution. Most of them decided to come to the US because of the opportunities they had heard abounded in the US. One immigrant put it well when he said, â€Å"We are in such bad shape and in need of so much that there is nothing left for us here, we must go. † Once they arrived in the US, the immigrants were seen as second class citizens by the vast majority of US citizens. As one American put it, â€Å"I can't understand those scum, those immigrants, for they talk differently and do things differently than I do. † The flood tide of Europeans also overwhelmed the limited charitable services available at the time. One historian referred to the settlement house movement as, â€Å"effective as bailing out the ocean with a teaspoon. Immigrants emigrated to America for the opportunity to improve themselves and found horrible working and living conditions that were a large price, although it was one they were willing to pay. Immigrants came to the US because of political persecution and economic hardships at home. Some European countries persecuted certain ethnic groups for no apparent reason. For example, both Yugoslavia and France blamed Jews for their economic problems. As the French Secretary of the Treasury put it, â€Å"Those Evil Jews who befoul our towns shall not work here, for they are second. Christians shall get the right. † Jews would get beaten by the police and as a result sought political asylum in the â€Å"land of the free†, the United States. It was also extremely difficult for many to get jobs in Europe where 50% of the workers were unemployed in some countries. The main exception was England which thrived on industry as the US did. Workers were encouraged to go to the US because of pamphlets that gave such promises as â€Å"Good work, a free life, a good life for all. † The demand of factory workers was constantly growing, and immigrants decided to take their chance. As one immigrant said, â€Å"We have nothing to lose, for we have nothing. The US is our greatest and only chance. † Immigrants came to the US expecting a higher standard of living but were forced into poor living and working conditions. The vast majority of immigrants, who lived in cities, lived in tenements. These were apartment buildings that were shabbily constructed and contained extremely small apartments. Twenty four to thirty two families were packed inside these six to eight storey structures, often referred to as dumbbell buildings due to the air shaft between the buildings that made them look like dumbbells from above. The residents were highly susceptible to disease, and life expectancy was significantly lower, by about 10 years, in these areas. Up to 4,000 people lived on some city blocks. Families had one, maybe two, small rooms. They had no privacy as the walls were thin as well. As one immigrant put it, â€Å"I can't even talk without my entire building knowing what I said, the walls are so thin. † Bathrooms were also usually outside, although around the turn of the century, some began to appear inside. Tenements were also susceptible to fires. Due to the required air shaft between buildings, the air got trapped which caused more fires. As the material that tenements were made of was very susceptible to fire, widespread fires were common. As one immigrant described it, â€Å"I watched it and as the flames struck it, the entire block seemed to go up in a flash. It was horrible. † Working conditions for the immigrants were also horrific. The immigrants generally did two kinds of work. The first were the jobs Americans wouldn†t do and the second were the unskilled jobs that almost any person, American or immigrant, could do. Immigrants were also willing to be paid less money for the same work. Immigrants were often used as strike breakers because many of them didn†t understand the concept of strikes since it wasn†t part of their culture. The immigrants saw these jobs as ones that had been abandoned and so they took them, provoking anger in Americans for â€Å"job stealing†. As Guillaume Fouchon said,†We do not strike because it challenges our honor. As well, in the old country, there were so few jobs and so many workers. † Also, immigrants misunderstood the process of striking because it was hard to organize people who spoke different languages. Immigrants also had very little in the way of political power. This was not much of a problem, however, for as one immigrant said, â€Å"I just want to succeed, and then I'll worry about how much political power I have. † With the exception of some groups like the Irish, the immigrants had no political power at first. However, near the turn of the century, immigrant votes became a factor as they represented 15% of the voting public in New York alone. This caused the immigrants to gain increased political power through the vote. The Chinese were often called the devils of the immigrants. They were different than all the other immigrant groups because they had a different complexion. As a result, they were subject to more prejudice. The Chinese, who mainly lived and worked in California, took many railroad jobs away from the preexisting Americans. This resulted in their being stoned and having their houses burned to the ground. Such actions were supported by both major parties. As a Democratic National Committee spokesman said, â€Å"We must fight to rid the earth of the evil Chinese. † This was significant because even the â€Å"party of the immigrants†, the Democrats, were against the Chinese. Also, most Chinese, unlike most Europeans, wanted to go to the US, earn money and then go back to China. The American public resented the Chinese and labeled them as a second-class race. As a result of all this prejudice, the Chinese were largely banned from immigrating. As Robert Ingersoll said, the Chinese were not allowed to follow the national progression that benefitted earlier immigrants. Immigrants hoped that by coming to America, they could still retain their culture which they were unable to do in large part due to the education system. Immigrants hoped that they could both move up socially to the same level as the Americans as well as keep their identity intact. When they first arrived, immigrants kept their cultural identity intact by creating ethnic neighborhoods such as Little Frances or Little Italies. These were places for people of one ethnic group, or even one town or one province, to retain their cultural values. These were very prominent, with 17 little Italies in Chicago alone. It was essential for these immigrants to have these places to attempt to avoid assimilation. As Italian immigrant Verduccio Marsongeri put it, â€Å"I need my little Italy because the old country is still so important to me. † In this way, the free education given in the US to most children, American or immigrant, was a mixed blessing. While it certainly prepared immigrant children for better jobs due to better education than their parents had had, education also resulted in a loss of cultural identity. Those children who were educated in the US were instilled with American and not old country values as well as English as the primary language. This was in fact an intended consequence of the education expansion, that the immigrant children be assimilated into American culture so as to eliminate the foreign influence on the US. While immigrants certainly didn†t want their children to be assimilated into American culture, they were willing to pay the price if it meant better education. This accounted largely for the 3 fold increase in students from 7 million in 1870 to 22 million in 1920, as well as a rise in participation from 57 to 78 percent. While the doors of primary education were open, the doors of higher education remained largely closed to the immigrant. Immigrants could go to some lower tier private colleges and state universities, but not in general to the big names such as Yale, Harvard or Stanford. Yet, still it was a major improvement for now the immigrants could be educated the same as Americans. In conclusion, the immigrants came to the US in search of opportunity but found harsh conditions. The opportunity and advances the immigrants made in the US came at a large price. Factory workers were not able to move up and were forced to work in horrid conditions for low pay. Many despaired and wanted to move back, but they couldn†t due to lack of money. Many more, however, willingly stayed. The real benefits of American opportunity and culture would be passed down to the succeeding generations. Overall, the immigration from the Europe and Asia to the US was the largest in world history. As Christa Jackstone, historian, said about the affect immigrants had on the US, â€Å"Immigration in the late 19th and early 20th century really made this country because they literally built this country. As the blacks had done in the years before the Civil War, the immigrants were doing the hard work behind the scenes while other people took credit for it. † Although the immigrants themselves paid a large price, they willingly took the first steps that would benefit future generations.

Does Social Inequality Exist in Jamaica

Introduction â€Å"Social Inequality allows for the exclusion of individuals and the formation of prejudices and discrimination. Carefully analyze and discuss the validity of this statement based on current events in the Jamaican society. † Social Inequality is the existence of socially created inequalities; it occurs when ideology and power combine to make one group of people feel inferior to another. From a sociological perspective people are able to assess both opportunities and constraints that characterize their lives as it relates to age, sex, gender, race and class and based on this, many ills that the world faces today are derived from some person’s blatant disregard for differences. A prejudice is a preconceived belief toward a particular group while discrimination is a behavior (an action), with reference to unequal treatment of people because they are members of a particular group. Some theories suggest that racism is a characteristic of an abnormal minority of the population and that this abnormality is psychological. This prejudice may lead to racial discrimination. We may be familiar with this form of discrimination being more prevalent in recent times (Apartheid, Hitler vs. Jews) than now. In answering the question this report will outline the causes of social inequality and show that Social Inequality is prevalent in all societies including Jamaica. Race & Ethnicity Within sociology, the term ethnic, race, minority, and dominant group have very specific meanings, different from the meanings the terms have in common, their usage. These concepts are important in the development of a sociological perspective on race and ethnicity. Race A race is a group of people treated as separate in society on the basis of certain characteristics, some of which may be biological, that have been assigned social importance. Because of presumed biologically or culturally inferior characteristics, a race is typically singled out for its uniqueness and unfortunately succumbs to unfair treatment. Therefore it is not biological characteristics per se that defines racial groups, but how groups ave been treated historically and socially over the years. Societies assign people racial categories such as Black, White, and so on. Not by science, logic or fact, but by opinion and social experiences. In other words, how racial groups are defined is a social process. This is what is meant when we acknowledge that race is â€Å"socially constructed†. The use of biological differences to judge an individual seems some what arbitrary. F or example we differentiate people based on skin color and not other characteristics such as personality traits or culture. Jamaica is made up of several races, but the majority is dark skinned. Most people interact with their own kind and do not get the opportunity to interface with others of a different race. However, for the ones who do, they may say that we are not a racist society but would more likely discriminate based on a persons’ socio-economic status. This may be true but there remains the irony that individuals with high socio-economic statuses are usually the light skinned (Caucasian, Indian, Chinese). Ethnicity This refers to a social category of people who share a common culture, for example a common language or dialect; a common religion; and common norms, practices, customs and history. Ethnic groups have a consciousness of their common cultural bond. Jamaicans, Americans, Trinidadians, Japanese, Mexican Americans and so forth, are examples of ethnic groups. However ethnic groups are also found in other societies, such as Pashtuns in Afghanistan or Shiites and Sunnie in Iraq whose ethnicity is based on religious differences. An ethnic group does not exist simply because of the common national or cultural origins of the group. These groups develop because of their unique historical, cultural origins or social experiences. These experiences become the basis of the group’s ethnic identity. PREJUDICE A prejudice is a preconceived belief, opinion, or judgment toward a group of people or a single person because of race, social class, gender, ethnicity, sexual orientation, age, disability, political beliefs , religion, line of work or other personal characteristics. It also means a priori beliefs (without knowledge of the facts) and includes â€Å"any unreasonable attitude that is unusually resistant to rational influence. Although positive and negative prejudice both exist, when used negatively, â€Å"prejudice† implies fear and antipathy toward such a group or person. †¢Cognitive Prejudice refers to what people believe to be true: for example, in adherence to a particular metaphysical or methodological philosophy at the expense of other philosophies which may offer a more complete theoretic al explanation. †¢Affective Prejudice refers to what people like and dislike: for example, in attitudes toward members of particular classes such as race, ethnicity, national origin, or creed. Conative Prejudice refers to how people are inclined to behave. It is regarded as an attitude because people do not act on their feelings. An example of conative prejudice may be found in expressions of what should be done if the opportunity presents itself. These three types of prejudice are correlated, but all need not be present in a particular individual. Someone may believe that a particular group possesses low levels of intelligence, but harbor no ill feeling towards that group. A group may be disliked because of intense competition for jobs, but still recognize no differences between groups. DISCRIMINATION Discrimination is a sociological term referring to the treatment taken toward or against a person of a certain group that is taken in consideration based on class or category. The United Nations explains: â€Å"Discriminatory behaviors take many forms, but they all involve some form of exclusion or rejection. Discriminatory laws such as redlining have existed in many countries. In some countries, controversial attempts such as racial quotas have been used to redress negative effects of discrimination Farley also put discrimination into three categories: Personal / Individual Discrimination is directed toward a specific individual and refers to any act that leads to unequal treatment because of the individual's real or perceived group membership. †¢Legal Discrimination refers to â€Å"unequal treatment, on the grounds of group membership, that is upheld by law. Apartheid is an example of legal discrimination, as are also various post-Civil war laws in the souther n United States that legally disadvantaged Negros with respect to property rights, employment rights and he exercise of constitutional rights. †¢Institutional Discrimination refers to unequal treatment that is entrenched in basic social institutions resulting in advantaging one group over another. The Indian caste system and European feudal system are historical examples of institutional discrimination. As with prejudice generally, these three types of discrimination are correlated and may be found to varying degrees in individuals and society at large. Many forms of discrimination based upon prejudice are outwardly acceptable in most societies. What is Gender? Gender is a social classification that divides individuals into one of three categories (masculine, feminine, androgyny) as defined by behaviour, cultural and/or physiological traits learnt and expressed. The Difference between Gender and Sex Sex is a biological classification the divides individuals into categories (Male, Female, Hermaphrodite) as defined by their Chromosome make-up, reproductive organs, external genitals, hormonal states, internal genitals and secondary sex characteristics. Therefore sex is fundamentally different from gender on the basis that sex is determined by sex from birth and gender is determined by socialization after birth. Gender: Functional History The gender roles in society today are as a result of thousands of years of social evolution going back to the beginnings of society. Lets us take a look at how gender evolved into what it is today. The first type of society that existed, hunter/gatherer societies, men and women shared equal roles as the food gatherers in society. Women secured the more stable sources of food such as ground provisions grains and fruits while men secured the less stable sources of food from hunting game. This is due to the fact that hunting is a physically intensive activity and thus more naturally suited for the men in society however both sources of food were important to the welfare of the society and therefore both men and women had comparable roles. However while comparable, these roles would go on to influence society through the ages as the gathering of food tended to be relatively close to the settlement and the hunting of food would be further away. We see therefore that women were socialized to stay close to home and men were socialized to journey away from the home. This comparable role relationship remained similar in pastoral and horticultural societies however a huge shift came when people began to form agrarian societies. Men took the role of primary food gatherers in society freeing women from the task of food gathering. Thus women adopted alternative roles in the home to occupy their time. This however elevated the role of men in society while at the same time decreasing the roles of women. Men became more educated and took on more complex jobs within society. Women became the nurturers and home-makers of society. Thus the sexual division on labour became institutionalized ( Lengerman and Wallace, 1985) In industrial society women were reintegrated in the workplace however they were typically low paying unskilled jobs and their male counterparts were typically paid more for the same work. The role of women in society was slowly increasing at this point. Gender: Functional Analysis of Jamaican Society Traditionally in Jamaican society women are seen to be the home-makers and men the bread winners. This is due to the fact that the two genders play a complimentary role to each other (Talcott Parsons 141, 1964; orig 1951). In other words a complex Co-dependency between each gender that fulfils the economic social companionship, and social placement needs of a family unit thus holding and shaping society and. Each gender is socialized from birth to fulfil their respective roles. Boys are socialized to be competitive and aggressive through sports and aggressive role-models and yard work thereby allowing them to compete and survive in the working world as part of the labour force when they become Men. Girls are socialized to be sensitive and caring through dolls and house chores so that once they become Women they are better able to run the household and rear children. In a family unit these roles compliment each other and act as a stabilizing force for the unit and by extension for society. These stabilizing forces are perpetuated through various schemes of social control. Individuals who fail to show appropriate levels of masculinity or femininity are ridiculed and ostracised by society, this produces guilt and fear of rejection in the individual and serves to reinforce gender classes. Gender: Functional Analysis – Critical Comments The functionalistic view of gender is unable to proper explain many occurrences of modern society. With the post-industrial society we see that women are increasingly taking on more complex roles in society due to the reduction in the amount of physical labour needed to perform complex tasks through industrialization, the ability to control contraception, the feminist movement and poverty level (women in poorer household work out of necessity). Indeed most households now reply on a two person income. This however has left women with the dual roles of home-maker and breadwinners. This is a very daunting task as such many women remain single to avoid such a scenario. Alternatively since women have become a large part of the labour force we see that in couples, men have now either partly or in rare cases fully taken over the tasks of nurturing and caring for a child so as to fill the void created by the absence of the mother Traditionally androgyny was a socially ostracised gender however lately there has been a blurring of the roles separating the genders. We see this in ‘the sensitive new age guy', ‘the metro sexual', in women with short hair (short hair was traditionally a masculine feature), in male bleaching and male earrings (both of which were initially feminine traits). Gender Discrimination Though gender discrimination and sexism refers to beliefs and attitudes in relation to the gender of a person, such beliefs and attitudes are of a social nature and do not, normally, carry any legal consequences. Sex discrimination, on the other hand, may have legal consequences. Though what constitutes sex discrimination varies between countries, the essence is that it is an adverse action taken by one person against another person that would not have occurred had the person been of another sex. Discrimination of that nature in certain enumerated circumstances is illegal in many countries. Currently, discrimination based on sex is defined as adverse action against another person, that would not have occurred had the person been of another sex. This is considered a form of prejudice and is illegal in certain enumerated circumstances in most countries. Sexual discrimination can arise in different contexts. For instance an employee may be discriminated against by being asked discriminatory questions during a job interview, or because an employer did not hire, promote or wrongfully terminated an employee based on his or her gender, or employers pay unequally based on gender. In an educational setting there could be claims that a student was excluded from an educational institution, program, opportunity, loan, student group, or scholarship due to his or her gender. In the housing setting there could be claims that a person was refused negotiations on seeking a house, contracting/leasing a house or getting a loan based on his or her gender. Another setting where there have been claims of gender discrimination is banking; for example if one is refused credit or is offered unequal loan terms based on one’s gender. In todays Jamaican society, it is debatable as to whether ones sex influences their position or status in life. A feminist Shulamith Firestone believed that women were disadvantaged by their biology, due bto the fact that they bear children and as s result they become dependent on the male species for survival. This dependence ion men produced unequal power relationships. Local journalist Peter Espeute, believes that boys face challenges due to inequality from as early as Primary school level. He disputes that girls are usually seated at the front of the class, while the boys sit at the back where they idle and play instead of learning. He also states that the entrance test given to children to decide what High school they go to is given at the wrong stage in their life cycle. It is a fact that at age eleven (11), girls are mentally more developed that boys, therefore the girls would outperform the boys, get the scholarships and be placed at the â€Å"best† schools. A study done by Kevin Harper of Howard University show that gender biases occur even in doctor offices. Doctors are deemed upper class statuses in Jamaica, and see themselves as â€Å"the almighty healers† (Payne-Jackson 1997). The study revealed that doctors were more apologetic to male patients who were kept waiting. More so males of high statuses. Female patients tended to be treated more like children needing instructions. Another example of gender bias may be seen in the workplace. In Corporate Jamaica, males in high positions (CEO,GM, etc. ) are paid higher wages than their female counterparts. As you go down the scale you will find that the salaries are usually level. However in some institutions such as factories and industrial complexes, because of the nature of the job, men are favoured. Even if females are among them, night shifts and overtime are usually approved for the men. The United Nations had concluded that women often experience a â€Å"glass ceiling† and that there are no societies in which women enjoy the same opportunities as men. The term â€Å"glass ceiling† is used to describe a perceived barrier to advancement in employment based on discrimination, especially sex discrimination. Social Class The term social class refers to a system of social stratification which is based on individual achievements, resulting from the unequal distribution of wealth, power and prestige. A hierarchical distinction is made between individuals or groups of people within the society. Social stratification is regarded as structured inequality based on the characteristics of the society and usually persists over a long period of time. It is usually universal and often occurs on the basis of access to the scarce factors of production: it also occurs on the basis of other factors, such as race, gender, age, religion and caste. Social stratification is usually prevalent in most societies. Usually a person’s status is either ascribed or achieved. An ascribed status is usually fixed at birth and depicted by ones sex or race. An achieved status is depicted by ones achievements throughout their lifetime, usually occupational. An open society usually fosters social mobility between the different social classes. Social mobility is the movement of individuals between, or up or down the different class structures over time owing to improvements in their fortunes. Social mobility is usually achieved through the following avenues: 1. Education, the attainment of higher tertiary education leads to more expertise and usually higher income paying jobs. 2. Hard work 3. Marriage, an individual marries into a rich family 4. Family status, the name of a rich family member usually opens doors for that individual 5. Talents and skills 6. Physical attributes, e. g. Miss World, usually marries into a powerful or rich family 7. Luck A closed system does not foster social mobility. Social positions are ascribed at birth and the system is very rigid with clearly defined structures. The caste system in India is a very good example of a closed system of stratification. In this system an individual is born in caste and this determines their occupation, education, social interaction and power. No amount of hard work and achievement can change their status or caste over time. The best example of the open system is the class system. This is found in most modern industrial societies around the world. One’s class in this system is largely determined by ones occupation, education, income, wealth and power. There are four classes in this system. They are the upper-class, the middle class, the service class and the underclass. The upper class is usually made up of the top ten percent (10%) of the wealthy people in the society. This class is also broken down into two classes: the upper and the lower class. ?The upper- upper class is made up of people who normally have â€Å"old money† and are set apart by their wealth and power. These persons have been born and raised with wealth; mostly consists of old â€Å"noble† or prestigious families. The Royal Family of England would be a prime example of the upper – upper class. The lower- upper class is made up of people who have extraordinary large income, which is achieved through occupational means. These people are usually referred to as having â€Å"new money†. These individuals have become rich within their own lifetimes. This class consists of people who own large companies or are CEO’s of large companies. It also consists of entrepreneurs, mo vie stars, top athletes, as well as some prominent professionals). The middle class is divided into three different groups. They are the upper -middle class, the service- class and the lower- middle class. The upper middle class is usually made up of people who have prestigious occupations, such as doctors, lawyers, politicians and entertainers. These people usually earn very high incomes and live in prominent neighborhoods and are able to send their off springs to colleges and universities abroad. These people usually accumulate lots of wealth overtime. ?The service- class is made up of highly trained people who are usually managers at their place of work. These people usually have secured careers and earn very good incomes on the job. Business consultants, teachers, and small business operators are good examples of persons who fall within this class. ?The lower- middle class is reserved for people who earn an average income and enjoy a decent standard of living. These people work in mainly less prestigious white collar jobs and include Sales Representatives, Supervisors, Bank clerks and Office clerks. Most of these people have not acquired a tertiary level education. The working class is usually those people who live from paycheck to paycheck and are called blue collar workers. These people usually earn what is known as â€Å"minimum wage† and are normally the first set of workers to be affected in times of recession. The underclass is those people who fall below the poverty line. They are usually temporarily employed or unemployed and are usually dependent on the state for survival. Conclusion As our motto rightly states â€Å"Out of Many One People†, we are diverse in race, ethnicity, and socialization. Based on our research which included a questionnaire (Appendices), we can clearly state that Social Inequality exists worldwide and Jamaica is no exception. The questionnaire was issued to twenty persons which included two Rastafarians, Two Chinese, three Mixed race individuals, one Caucasian and the rest were Negros. Half were male and the other half females. The results were as follows:- Age discrimination was felt by one young man (22 years old) who was a bus driver by profession. He expressed that persons were not willing to take his bus when they saw that he was the driver. The Rastafarians who were ironically from the lower class said they faced discrimination from every aspect (class, beliefs). Most of the females stated that men are preferred for jobs in the corporate world. One lady in particular related an experience of being in an interview and was told that she did well but they want to hire a male, as too many women were in the office. The only white man that did the questionnaire expressed that he felt discriminated just because of his colour; he was not comfortable going out alone because some people thought that he had something to offer them and were constantly begging. Therefore the question is answered Social Inequality does lead to people forming prejudices which may influence their actions toward person of a particular group or groups.

To Build A Strong Brand Within The Fashion Industry Essay

To Build A Strong Brand Within The Fashion Industry - Essay Example The essay "To Build A Strong Brand Within The Fashion Industry" explores how to build a strong brand in the fashion industry. The adoption of multiple case studies design in the analysis is because the design produces more compelling evidence than single studies, in addition to providing stronger basis for construction of the theory. Zara is a Spanish retailer of clothing and accessories that is part of Inditex group with its base in Arteixo, Galicia. Since its debut in the fashion industry, the company has risen to the top and is currently one of the main stakeholder brands in fashion worldwide. Contrary to the fashion industry product development period of six months, the company has found efficient production processes that enable it to come up with a new product and release it to the store shelves in just two weeks. This has been one of the key strategies to its growth worldwide. With such an approach, the company has so far won the war of transferring its production aspects to l ow cost countries like China that is currently the wide trend by top fashion brands in the industry. The company currently has a large distribution network with 1751 stores worldwide trading as Zara and an extra 174 doing business as Kiddy’s class stores; the company’s branch for children’s clothing. The company sells 50% of its products within Spain, 26% in other European counties with the remaining 24% destined for Asia, Africa and the rest of the world. Table 4.2.2 shows how Zara has succeeded in building its brand name.

Role of ethics responsibility in developing strategic plan while Essay

Role of ethics responsibility in developing strategic plan while considering stakeholder needs and agendas - Essay Example The need to make strategies in accordance with business ethics and taking care of stakeholders’ financial investment in a responsible manner is a must for any corporation (Kotler and Lee, 2004). The company’s top management ensures social responsibility by contributing toward social causes and charity and spends a portion of revenues on helping the society work effectively. Also the management takes charge of those who could not find work or are permanently unemployed by offering job opportunities and providing a secure work package in their firm (Werther and Chandler, 2010). Therefore, a corporation goes a long way in acting in a responsible manner for the betterment of a society by ending unemployment and general poverty level. It is also the duty of the company’s top management to allocate the funds appropriately to be used for the social betterment. Furthermore, the ethical issues also include taking care of environment by refraining from spreading pollution through industrial waste. The ethics also lies in providing such goods and services to stakeholders that is beneficial for them and not harmful in any way (Werther and Chandler, 2010). One of the most important agenda to be taken care of for the social responsibility ensuring is the accuracy of financial statements of the firm. The case of Enron represents a worst example of crossing of ethical boundaries by its ever-famous accounting scandal. Enron was found guilty of fraud by producing fake financial reports for external users. It resulted in a big loss on the part of owners, stakeholders and employees of the firm when it got bankrupt. It happened because of the top management of the firm who was responsible for creating falsified accounting records of the company’ business transactions. They presented a bright picture of the firm through creating reports in which they showed the firm in profits when actually it was in big losses. It lost trust of stakeholders badly and mad e a history where unethical business activities are associated with Enron (Baron, 2009). In order to prevent such unethical happenings in the world of business again, it is important to first take care of the financial reports that reaches potential customers or stakeholders. It is because these reports are a way to demonstrate the company’s financial position and investors use these reports as a guide to make decision about their preferences of companies in the market. It can be made possible by communicating the financial condition of a company is an accurate manner without leaving room for errors. Not only in preparing accounting records the management also needs to take care of other matters that make a company sensitive to ethical issues. The main thing is the way to communicate the social effectiveness of the firm to stakeholders as different people have different opinions about various products and services a company offers (Baron, 2009). In case of British American To bacco, some people would not consider the goal of firm as of being socially responsible because of the product it is offering, that is, cigarette, however, the company has other policies such as protecting environment to show that it is ethical and socially responsible firm (Hollender, et. al., 2010). Therefore, taking care of the needs and preference o stakeholders is very important and other thing is to communicate the

PhIP can accurately identify known and previously unreported Coursework

PhIP can accurately identify known and previously unreported autoantigens - Coursework Example The paper "PhIP can accurately identify known and previously unreported autoantigens" seeks to affirm the hypothesis that â€Å"PhIP can accurately identify known and previously unreported autoantigens† figure 3 shows seven figure that represent various experimental processes. Key technical issues in the program of work include the accurate and PhIP sequencing and T7 cloning, verifying and analyzing results from human samples with different consenting PND patients. Firstly the human protein and cDNA sequences available are downloaded from the database at build 35.1 of the human genome. Then this cDNA and the proteins are used to construct the library. This procedure involved the proteome wide library and the N/C terminal libraries that were PCR amplified as 23 independent pools with common primer sequences. This process was conducted in a controlled thermal profile. The polymerase chain reaction was then digested and cloned into the T7FNS2 making numerous copies of each peptid e.the cloning process involved the inserting a peptide in the required ORF sequence selected using restriction enzymes. This part is an a explanation of the processes involved in fig 3.d, g, f, c, e Patient A, B and C samples are collected from willing patients approved by relevant medical authorities. The samples of cerebrospinal fluids were kept at temperatures of - 80 degrees Celsius before being used. Before the collection of sample the patients have to undergo various neurological evaluations before the samples.

Citizen Kane Movie Review Example | Topics and Well Written Essays - 750 words

Citizen Kane - Movie Review Example But Charles is not able to adjust himself to the new group. One of the main reasons for this could be that Charles was never able to identify with Mr. Tatcher. This becomes more evident when Charles tells Mr. Tatcher and Mr. Burnsteen that he might have been a really great man if he weren't rich. When one is forced to do something outside his/her interest or values, he/she is subject to feelings of tension and stress. To handle this discomfort, one uses various coping methods. One of the main coping methods Charles was using was to act out and refuse to cope with the situation. Charles then goes on to get expelled from many prestigious colleges. His expulsion surely was not an indication that he was an inefficient person. The fact was that Charles Kane had turned into a rebel. When the parents he trusted so much give him away, it leaves Charles with a bitter feeling of betrayal. It causes him anger and he seeks revenge. He seeks revenge not just by getting expelled from colleges, but also when he has to make a choice to start his career, he refuses to take over wealthy gold mines, oil wells, shipping companies and real estate agencies. Instead he chooses to take over 'The New York Daily Inquirer', a newspaper that is on the verge of being closed. His thirst for revenge is all the more evident when he declares that he would like to win all that Mr. Tatcher hates. One of the stages in Erikson's Psychosocial Stages of Development is 'Identity v/s Role Confusion'. At this point of time, we get to see that Charles as a young adult had not been able to develop a n identity and instead was confused about the role he was playing. Time passes by and Charles' quest for love begins in a big way. Charles marries Emily Monroe Norton, niece of the US President. Charles marries for love. He also enters politics to win the love of the voters. But both, his marriage and career in politics come to an end with his extra marital affair with Susan Alexander getting revealed. What draws Charles to Susan is her innocence and simplicity. She reminds him his simple childhood. Charles later on marries Susan and bribes her in all the ways possible to win her love. But Charles fails to give Susan what she wants and even his second marriage comes to an end with Susan leaving him in his estate. At this point, another stage in Erikson's Psychosocial Stages of Development that comes to mind is 'Ego Integrity v/s Despair'. Older adults need to look back on life and feel a sense of fulfillment. Success at this stage leads to feelings of wisdom, while failure results in regret, bitterness, and despair. Charles is all by himself in the last few years of his life and has none of his loved ones by the side of his death bed. The words Charles utters just before his last breath catches the attention of the reporters, but none of them are able to understand its significance. He just says, "Rosebud". Initially, when Tatcher was at Charles' Parents' house to pick him up, Charles shoves a sled at Tatcher and pushes him away. Until then, Charles was enjoying himself in the snow with this same sled. The two words painted on the sled was 'Rosebud'. Charles leaves behind that sled in his parents' house. Tatcher gifts him a new sled for the next Christmas, but it never replaces the 'rosebud' sled in Charles' heart. In the last few

Consumer decision making Essay Example | Topics and Well Written Essays - 1500 words

Consumer decision making - Essay Example n opportunity to get in touch with the foreign products and they got enough opportunities to compare the quality and prices of the domestic products with that of the foreign products. Such evaluation from the part of consumers may often change their buying habits. Online marketing and e-commerce are growing day by day and based on that the purchasing decisions of the consumers are also changing. In many cases, a purchasing situation occurs out of the fear of losing social recognition or once the existing product goes out of order. Some of the people have blind belief in brand values while others are more practical. Some consumers may seek further assistance from the supplier to improve the performance of the product they purchased. This paper briefly analyses the consumer decision making attributes. Recognition is a primary psychological need for human beings and hence most of their purchasing decisions were influenced by their desire to get recognition from others. Most of the consumers feel inferiority, if they possess old goods. In many cases, consumers postpone their purchasing decisions until they acquire ample financial resources for executing the purchasing. Once the consumer feels confidence about his/her financial abilities, the next step is to gather information about the product he/she wants to purchase. â€Å"Sources of information could be family, friends, neighbours who may have the product you have in mind, and alternatively you may ask the sales people, or dealers, or read specialist magazines. You may even actually examine the product before you decide to purchase it† (Consumer Buying Behaviour, n. d) Most of the people rely on, advertisements in television, news papers, Super markets and internet for the information regarding the product they want to pu rchase. They will collect information from the friends also. The User’s comments will always be valued more than anything else. Once ample information is collected about a particular product, most

Factors and criteria of choice Essay Example | Topics and Well Written Essays - 750 words

Factors and criteria of choice - Essay Example It has happened in 14 years that the mobile phone giant Nokia is not toping the annual cell phone sales chart, whereas it is Samsung which has replaced Nokia and has become the world’s number one mobile phone selling brand in the world (LAM). The technology advances on everyday basis. New features are added everyday in mobile phones to make them more attractive. The total revenue generate annually by the mobile company is $100 billion. However the profitably of the mobile phones companies depend on their ability to develop more innovative product, with offering higher quality and affordability to the consumers. This research paper highlights the features that the mobile phones need, in order to maintain their present and future position in the mobile phone market. Explanation The advancements in technology have helped in the development of several significant and useful features in the mobile phones. These features provided by the mobile phone companies’ help in deciding that which phones will occupy the market share. The mobile phone tour guide present in some of the phones help people in finding a place. This can be a useful feature for tourist who visits other places. This phone technology is more appropriate than the paper guide. Near field communication technology allows the mobile phone to connect to other wireless device present at some distance and transfer data, which ranges from pictures and songs to payment and other important information. Phones embedded with NFC chips can be used as electronic identity cards or debit cards. The phones with NFC chips can be quite effective in futures. The NFC devices manufactures must work in collaboration with VISA to come up with technology that would make life easier for customers. Mobiles programmed to allow users to download different application are the one that users prefer the most. These application may consist of Skype which allow users to make call to other people having Skype application in their phones, present anywhere in the world. The phones supporting downloadable application also support large amount of data as the size of the application can be as large as 550 KB (Sen). Camera is the key factor that costumers consider while purchasing a mobile phone. Phone with the ability of capturing pictures; occupy almost 40 percent of the market share. However the camera feature of mobile phone is not enough for customers. They want camera with high definition and several other features that are present in advance digital cameras. The mobile market is now saturated with camera phones, people nowadays prefer to have a picture capturing device in their pockets. The other significant feature that people prefer in camera phones include 3G network. This advance form of network s upport the highly advance feature of mobile phones providing more storage to the customers. The 3G networks not only allow the users to captures memorable moments but it also allow users to share it with their family and friends. Other important characteristics of the 3G networks includes the transmission of data at 38 K bps, improving image quality up to 330,000 pixels and it allows the internal storage of mobile phone to grow so that the users can save a dozen photos at a single time (Garside and Arthur). The major complaints that are faced by the telephone companies are mostly related

My Cyber Identity-Blog Essay Example | Topics and Well Written Essays - 1250 words

My Cyber Identity-Blog - Essay Example Edelson (2005) describes it in simple words as "just" a browser interface to web site publishing. Blogs are used by different sections of the society for different purposes. While the perceived benefits are many, so are the threats and risks to the society and its people. Mehan (2006) refers to the blogsphere world as colorful and varied as the animal world. There is an evolutionary struggle for supremacy amongst bloggers. A blog is ranked by the number of hits it receives and the number of outbound link that it has. Mehan clarifies that there are all levels of bloggers – ranging from those that have entered the world of bloggers and up to the founding fathers. To some blogging is merely a hobby but for many blogging can translate into very big business. There are some who blog almost everyday and they are able to attract advertisers or even product endorsement offers. There are different sites that offer tools to assist in meaningful blogging. For instance, Site Meter offers a free, basic hit count and link log in exchange for posting a logo-link to their website. And if this was not enough, there are software tools that boost the blog’s hit count. There is also an exchange program where people surf other blogs in exchange for others v isiting their blogs. It is now a part of the elite culture followed by the upper middle class – to read blogs. This is evident from the fact that many corporations have their own blogs. The marketing departments benefit too from such blogs. Rauchway (2007) reports in The New Republic that blogging have helped to marginalize scholarly Internet discourse. Blogging has helped a doctoral candidate Scott Eric Kaufman, to develop for himself a much higher profile. When he posted a chapter of his dissertation and sought advice, he received 66 commentaries from people of different disciplines. Blogging produces a truly better debate, opines another blogger but its practitioners do not

Art History Final Paper Essay Example | Topics and Well Written Essays - 1000 words

Art History Final Paper - Essay Example There are motif of sculptures designed on the railings and the gates of the Stupa. There are representations of the lord Buddha through footprints, thrones and wheels. There is a command in the grand view of the Buddhist monument. There is a depiction of the beginning, development and decay of Buddhist architecture in the third century1. The Buddhist monarchy event was signified by the stupid in sachem. The emperor of Osaka had a religious establishment in Sanchi during his marriage as he built the monolithic pillar. This depicted the zeal of Buddhism in the emperor. The quietude provided a conducive atmosphere for meditation marking the prosperity of the establishment of Buddhism. Sanchi ensured a fulfillment of the conditions fit for the establishment of the Buddhist life. The Stupa was regarded as a symbol of the characteristics of Buddhism and fostered the prevalence of Buddhism in the region of Sanchi. The Stupas was associated with Buddhist in the region as it marked representations of the key factors the religion. A Stupa refers to a physical monument for memory of enlightment in the present space and champions for the enlightment in ten directions. The process includes skillful procedures there is a complete transformation of the environment through the compassionate energy through the interaction with different elements on the earth surface. The Stupas recognizes the enlightened nature in the present life. Stupas represent the Buddha in three forms including the speech, body and mind. The path of enlightment is represented by every part of the Stupa. Enlightment is the ultimate goal of life as represented by Stupas. A Stupa in the context of Buddhist is a physical representation of high regards by the Buddhists during the seventh century. What and where is the silk road? There are three main periods when the Silk Road was most active. What were these? Go the Met and see the Global

Project Management Essay Example for Free

Project Management Essay Moving forward to begin the process of managing the trade show project for LRH Products, it is important that all aspects of the process are performed correctly and efficiently. After studying the Project Management Body of Knowledge (PMBOK) and the nine knowledge areas, I have ascertained that the following three areas are of utmost importance to the success of this project: Project Time Management, Project Human Resource Management, and Project Communications Management. Project Time Management, which contains the sub-areas of Activity Definition, Activity Sequencing, and Activity Duration Estimating is a very important part of planning for the trade show. Activity Definition is perhaps the most crucial aspect of this area. If this step is not thoroughly researched and all scenarios accounted for, it can impact the rest of the planning activities. It is essential to remember that training is one activity which must be properly time managed and added to the schedule, as well. Even one forgotten item can put the entire project behind schedule. Unfortunately, if time is not managed properly, there can be no extensions to the trade show date. Activity Sequencing is a bit less important although it must also be given careful consideration. Oftentimes, the performance of one activity hinges on the completion of another so little regard to this area could also impact the time to achieve all required activities. Activity Duration Estimating can be one of the trickiest parts of the planning process, especially for a new manager who has no first-hand experience dealing with the assigned personnel and little or no knowledge of resource availability. Oftentimes, managers will respond to questions regarding time in an optimistic manner, believing that this is what their superiors want to hear. It does no good to anyone involved to seriously underestimate the amount of time required and can add undue stress to those assigned tasks with no hope of completing them according to schedule as well as detrimentally affecting motivation and commitment. It is vital to always allow enough time to accomplish all that needs to be done – as well as accounting for changes which may hamper progress. Of course, as uncertainty declines, the time estimate becomes ever more accurate (Billows, 2006). Project Human Resource Management entails Organizational Planning, Staff Acquisition, and Team Development. This is important in that one person cannot perform all tasks and requires the help of a team. According to Trade Show Advisor (2008), â€Å"†¦the effectiveness of your exhibit team can make or break your success at any given show†. Deciding on who is best equipped to handle each activity is vital, although when large amounts of personnel are needed (depending on the size of the trade show) it may be necessary to train staff members who might not have prior experience. Particularly for a new manager, it is best to assign tasks based on areas of strength; for instance, it is known that Pat enjoys updating the collateral. This is a perfect assignment for Pat, then, and the effective manager will base goal times on completion around this employee’s schedule vacation in order to ensure it is performed effectively. Dealing with Terry, who can make travel arrangements but often makes mistakes in setting them up, means additional time considerations to perform follow-up on Terry’s work to check for accuracy. Staff Acquisition is another area of consideration. Due to the limited amount of time each assigned employee is available to devote to the project and keeping in mind that unexpected circumstances, such as illness or personal emergencies may occur, it is always wise to have a selection of personnel from which to select as back-up. Ensuring that all staff members are on the same page and communicating frequently will aid in Team Development. Everyone involved must realize that this project is a team effort and commit to doing whatever is necessary to accomplish goals. As well, it is critical to encourage honest and open communication so that there are no surprises as the project nears its end. Staff members must know that it is all right to admit they are not going to make a deadline, in order for the project manager to come up with alternatives before it is too late to fix. Project Communications Management is by far the most important area of the project management plan. A loss of, or breakdown in, communication can have disastrous results for the entire project. If not properly managed, lost or missing communication can mean the staff attending the show are unprepared, or do not have the necessary resources. Within this broad category are the areas of Communication Planning, Information Distribution, Performance Reporting, and Administrative Closure. Communication Planning – deciding who needs to know what – is a topic best addressed carefully. It takes the ability to look at the big picture to best determine who must stay in the loop. Oftentimes, it is assumed that a minor player, such as an administrative assistant, need not be communicated with as much, or as often, as others, but this can be a fatal mistake. Remember that support staff left behind during the trade show itself are the only lifeline between clients and absent sales managers. It is also a good idea to have one staff member who is not attending the show to be fully informed of all activities in the project. Information Distribution is also a key component, especially when deciding how to communicate vital information. It is important to ensure that all team members receive communications in a timely manner and let the project manager know it has been received to avoid later problems or excuses. Similarly, Progress Reporting is an additional area in which it is vital to ensure the manager is working with the most up-to-date information and that all personnel are aware of how their progress, or lack thereof, impacts the entire project. Administrative Closure is the final step in communication of the project. This is where the manager is held accountable for the success of the trade show and the resulting sales leads which must be followed up on after its conclusion.

Management and Leadership Styles in Nursing Team Leaders

Management and Leadership Styles in Nursing Team Leaders This assignment will focus on the different management and leadership styles and the benefits and shortfalls will be discussed. Definition of the management and leadership styles will be included along with a brief discussion on trait theories This will be achieved by studying a working nurse team and concentrating on the nurse in charge and how she delegates, leads and organises the team. Firstly, this assignment will look at the different management and leadership styles followed by the analyst on how the nurse in charged relates these management and leadership styles in practice whilst managing a multi- disciplinary team within a hospital ward setting along with a conclusion of what I have learnt observing leadership style and how I was influenced from this form of leadership and how it may effect me in my future practice as qualified nurse According to Marquis Hudson (2000) leadership is a process of persuading and influencing others towards a goal as is composed of a wide variety of roles. .However Bowles And Bowles(2000) Define leadership as an interpersonal relationship of influence the product of personal characteristics rather than mere occupation of managerial positions. it is these personal characteristics which attract enthuse and motivate followers toward organizational goals. Each nurse has their own styles and leadership, their style depends on their values, traits. Characteristic, along with experience it is these individuals that changes began to come about. Trait theory of leadership is based on the assumption that people inherited specificate characteristics traits abilities and skills that make more suitable leaders than others Trait approach tries to identify traits and characteristics to distinguish leaders from followers Marquires and Huston (2006) suggested the great man theory is that people are born to lead and others are born to be led. Doyle and smith (2001) argues that Gandhi along with Napoleon inheritated the great man trait and highlight that they took control when needed .As suggested the term great man and not great woman ,This happened as in those times leadership was considered to be a males job only .Since trait theory was not enough to identify leaders from non leaders new theories of leadership began to appear such as are leaders developed through education and special training along with being learnt from observation and teaching creating the behaviour trait . A nurse leader must have a variety of leadership styles depending on the situation. Leaders are sought after for their expertise in their respective specialties and staff nurses look up to these individuals for guidance. Management is defined as a process about an improvement in knowledge skills, habits and attitudes of the employee in an organisation (sing 2008) Historically management has been given a greater importance in healthcare settings (marquis Huston 2006).However (McCallin2003) states The role of management in the time of Florence Nightingale was authoritarian and focused on rules, hierarchy and systems of punishment or reward to motivate workers. The characteristics of historic management would endeavour autocratic leaders. This type of management may of being accepting in the 19th century but today it no longer reflects the needs or values of the nursing profession Modern health care settings are complex and requires the registered nurse to have the ability to perform a multitude of roles and responsibility requires highly developed skills in decision making ,critical thinking along with the adherence to professional ,moral and legal standards .In addition to these skills leadership and management are considered essential for professional practice all are included in the Nursing Midwifery Council(2008) standards and are required for competent practice .the ability of register nurses to be effective leaders will impact on staff ,resources and setting and achievement of goals .this will in turn have implications for the quality of care Drucker (1999) cited in Weick and Evans(2003) stated todayà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s nurses are graduates who have been described as knowledge workers who want to be led not managed . The word management and leadership are often interchangeable this is based on that they use similar skills bowman1997 and greenwood 1997 effective leadership is critical in any organisation and the key to effective is having the staff focused and working towards achieving the desired goal Convey (2006) argues the view that management is about doing things right and leadership is about doing the right thing student hand book Leaders and managers are not the same though they act in similar ways. A manager is responsible for setting objectives and using resources efficiently. A leader is responsible for motivating a group of people (team) to use their individual skills; therefore leadership is a vital skill of any successful manager There are several different leadership styles Three will be chosen and the advantage and disadvantages will be discussed. Bureaucratic leadership- bureaucratic leaders work by the book and ensures they follow protocols and procedures in accordance to how they are set bureaucratic leaders, expect team members to adhere to the protocols and procedures and follow he rules perfectly . ,this form of leadership can demoralise staff as well as put up barriers when needing to use their own initiative in addition place restraints on any changes that are needed. In acute workplaces where procedures save lives, a bureaucratic management style can help enforce health and safety rules. Autocratic leadership- Autocratic leaders sets objectives and allocates tasks and demands obedience they make as many decisions as possible and seek to have authority and control in decision making .Autocratic leaders tend to respond quickly and effectively and give the task a direction .However research claims that autocratic leaders can be disliked creating lack of faith and trust along with demotivated staff leading to stress within the relationship with work colleagues Marquis and Huston (2006) Democratic leadership à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬democrat leaders encouraged participation in the decision making by consulting team members ,delegating where possible and explaining their decisions along with sharing the responsibility Adaire(2002) Democratic leaders tend to have a good rapour with their team as work colleagues will tell a democratic leader when something has gone wrong. While employees simply hide it from an autocrat .democratic leadership is effective in professional organisations where the emphasis on training, professional and leadership development needs to be optimistic.(tomey 2004) Laizzez-Faire leadership à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Laizzez faire leaders are ones that leaves the employee to get on with their work with little or no interference, By giving the employee freedom it gives them the opportunity to show responsibility and initiative Marquris and Huston (2006)suggest that laizzez-faire leaders only motivate others when requested to do so .This form of leading can be effective if the leader monitors what is being achieved and communicates it back to the team regularly .regrettably ,it can also refer to situations where leaders are not exerting sufficient control I have chosen a nurse that through her compassion and leadership style as inspired me throughout my transition from a healthcare assistant to a student nurse .For the purpose of the confidentiality of this nurse she will be identified as C.B C.B has being a registered nurse for 9 years working in a busy public hospital in many departments including orthopaedic and surgical wards and now currently is a band 6 in the Accident and Emergency Department (A/E) She has decided to advance her knowledge and has undertaken many course .This has enabled her to increase her knowledge to enable her to gain confidence in her leadership role, as a band 6 in the A/E department I was fortunate not only to know C.B as a work colleague but to have the honour to have her as my mentor whilst I was a student in the A/E department. In the A/E department one member of the nursing team is chosen by the ward manager to become co-ordinator .The role involves delegating teams , communicating jobs needed to done, organising bed state in accordance to admission and discharges performing ward round an organisation of staff such as break times .The event being analysed will be communicating jobs from the ward round to different team members and how the coordinator deals with them .Research evidence suggests that an effective manager should have a detailed knowledge of all patient in his/her care and one way to achieve this is by hands on nursing(Douglas;1992, Lles 1997) Prioritizing becomes part of a nurses routine in every day practice (Waterworth 2003 ). Using her management skill of decision making C.B looked at the skill mix of the staff to be able to decide how nursing skills are best used (Humphreys 1996). This can be done by using your clinical judgement of the staff and by looking at the grades of the staff available. McElroy et al (1996) agrees with the using clinical judgement to ensure you make the best use of a nurseà ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ãƒ ¢Ã¢â‚¬Å¾Ã‚ ¢s time. It should be recognised that skill mix research is vague. There is research on this area but it mainly looks at grade mix rather than skill mix (Spilsbury and Meyer 2005). One could question skill is more than just a grade, as the grade of the person does not always reflect the experience of the person. C.B had to break the tasks down. Ensuring she makes sufficient use of the skill mix available to ensure that adequate staff fulfils the tasks to ensure the quality of patient care give n is of the highest standard. From a management point this is a very important decision to make as it means that you can try to get the best out of your staff and that it is a way of ensuring all your tasks get complete and the management of clinical risk is not affected (Smith and Valentine 1999). This was achieved by using delegation skills. Delegation is the process from which responsibility for performing a task is transferred to another person who accepts responsibility for the task. Although Delegation is the process from which responsibility for performing a task is transferred to another person who accepts responsibility for the task. But although you have asked someone else to do the task overall the person delegating the task is still actually accountable (Sullivan and Decker 2005) NMC 2008 Delegation is an important management process and allow organization and leadership to function through others .Ellis and Hartley (2004) . Delegating a task to others have been found to be challenging for some nurses Hansen and Washburn (1996) As C.B has being allocated to be shift coordinator she needed to participate in regular ward round that occurred within the A/E department in addition to have control of any emergency situation that was happening within the A/E . During the ward round the C.B as the co-ordinator employs a bureaucratic approach as she is with the consultant and junior doctors In this situation she must ensure that everything is done correctly both by herself as well as the consultant and junior doctors After completion of the ward round C.B handed over to the relevant nurses the information that had been discussed during the ward round .There has been a lot of research on handovers which have looked at the contents Hesse (1983) Liukkonen (1993) and McMahon (1990), duration Matthews (1986), Sherlock (1995) Thurgood (1995). This literature all conclude that handovers. influences the delivery of care efficient handovers mean better patient care. Meisser et al (2007) suggested that leadership may be the one quality needed to improve handover Research conducted by Sexton et al (2004) argues that not all the relevant information is discussed during handover, preventing the delivery of care. Yet again C.B delegates ,jobs that have be ing requested on the ward round .in this situation she employs the transactional form of leadership style as she needs to ensure that all the correct information has been passed on and that the nurses looking after the appropriate team get the jobs done effectively and efficiently .This means the staff of the delegated teams agree to do the job request and do not changed any aspect of the job required .After delegating the new jobs to her staff the C.B than adopts a laissez-faire approach and allows the nurses to get on with their own jobs .However ,communication was still essential in the laissez-faire approach and the C.B regularly calls staff into an area to handover and update herself on the jobs being done ensuring the original job that was requested to herself on the ward round was being carried out. By means of discussing the handover with the delegated nurse C.B allowed them to put themselves forward for the patient Involving her work colleagues allow them to be involved in patient care this form of delegation can be highlighted from a democratic leader An emergency call came through to the A/E and C.B responsibility was to ensure the correct emergency team would be present for when the patient arrived C.B was in control due to her knowledge and was able to identify follow out this task as a leader of this emergency call C.B made decisions for the group .This type of leadership is autocratic and is appropriate when a dealing in emergency situations Research by Greenwood (1997 ) has found that leaders should adopt the style in which they find most comfortable to be an effective leader. Leadership styles vary according to various situations. One leadership style may be ineffective where another one is extremely successful. we are now able to see that leaders vary according to situations and their traits. Leaders are able to express themselves fully Bennis.(1998) they also know what they want and why they want it and how to communicate what they want in order to gain cooperation and support achieving goals to be met Bennis (1998) states leaders can find way to make a difference All nurse are in a position to become change agent but most importantly nurse leaders have the greatest influence on changed. The nurse act as the change agent when assisting patients in changing or altered behaviour .kozier et al (2000) states nurse often act to make changes in the system ,such as clinical care along with helping patient return back to good health. According to Marquis and Huston (2000) what distinguishes a successful changed agent is a person skilled in theory and implementation of planned changed to deal appropriately with these changes and connect all organisations that will be effected by the changed. This is achieved by means of good leadership and management skills

Example of Business Contract

Example of Business Contract 1. Your Relationship with PCFS Solutions. A. Introduction. The sale and performance of Professional Services (defined below) hereunder is subject to the terms of this Professional Services Agreement (the Agreement) between you (hereinafter you or Client) and PCFS Solutions, Inc. and its affiliates (hereinafter PCFS Solutions). PCFS Solutionss sale and performance of Professional Services under this Agreement shall be solely for Clients own internal use and not for resale. B. Definitions. Deliverables means the tangible and intangible materials, including reports, studies, base cases, drawings, findings, manuals, procedures and recommendations prepared by PCFS Solutions or its suppliers, licensors or subcontractors in the course of performing the Professional Services. Materials means all content and other items included with or as part of the Professional Services, Software or Deliverables. Professional Services means the services performed by PCFS Solutions as described in one or more Statements of Work. Software means any software, library, utility, tool, or other computer or program code, in object (binary) or source-code form, as well as the related documentation, provided by PCFS Solutions to you in connection with the Professional Services. Software includes software locally installed on your systems and software accessed by you through the Internet or other remote means (such as websites, portals, the PCFS Solutions Platform, and cloud-based solutions). Statements of Work are separately signed mutually agreed upon documents that outline the scope of the Professional Services, time period for service delivery (including any milestone requirements), requisite service steps, and payment terms. Third-Party Products means any non-PCFS Solutions-branded products, software or services. C. Additional Agreements. This Agreement together with any accompanying Statements of Work, forms a legally binding contract between you and PCFS Solutions in relation to your purchase and PCFS Solutions performance of Professional Services. Each Statement of Work will be interpreted as a single agreement, independent of any other Statement of Work, so that all of the provisions are given as full effect as possible. In the event of a conflict between these agreements, the terms of these documents will be interpreted in the following order of precedence: (1) Statement of Work; (2) this Agreement. D. Payment. I. Payment Terms. Unless otherwise agreed to by PCFS Solutions, payment of invoices must be received by prior to commencement of the Professional Services. Client will pay PCFS Solutions fees for the Professional Services calculated using the rates set forth in the Statement of Work within 30 days after receiving invoice(s) for such fees. Client (1) will reimburse PCFS Solutions for reasonable, actual travel, meals, lodging, and other out-of-pocket expenses incurred by PCFS Solutions in connection with the Professional Services, and (2) will pay or reimburse PCFS Solutions for all taxes, however designated or levied, on the Professional Services or Deliverables provided by PCFS Solutions hereunder. Additional charges may apply if Client requests Professional Services that are performed outside of contracted hours or are beyond the normal coverage for the particular Service, such as customized invoicing, consolidated invoicing and statements. II. Suspension and Termination. PCFS Solutions reserves the right to suspend or terminate any or all Professional Services until PCFS Solutionss receipt of all overdue amounts. PCFS Solutions shall have no liability to Client for any such suspension or termination of Professional Services. PCFS Solutions further reserves the right to seek collection of all overdue amounts (including by referral to third-party collectors), plus all reasonable legal fees (including reasonable attorneys fees) and costs associated with such collection, and Client agrees to pay the same. III. Taxes. Unless otherwise expressly stated, any fees charged to Client do not include Taxes (as defined below). Client is required to pay any and all Taxes associated with the fees charged by PCFS Solutions (Transaction Taxes), regardless of how or upon whom they are imposed on. These Transaction Taxes exclude income taxes but may include, but are not limited to, local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value added taxes, consumption taxes, Goods and Services taxes, GST/HST, excise, sales, use or similar taxes and any withholding taxes (together Taxes). All amounts invoiced pursuant to this Agreement are payable in full and without reduction for Taxes. If PCFS Solutions has a legal obligation to pay or collect Taxes for which Client is responsible under this section, the appropriate amount shall be invoiced to and paid by Client, unless Client provides PCFS Solutions with a valid tax exemption c ertificate authorized by the appropriate taxing authority. IV. Prices. The prices charged for Software and Professional Services purchased under this Agreement shall be the amounts set forth in the Statement of Work. 2. Scope of this Agreement. This Agreement authorizes you to purchase Professional Services from PCFS Solutions in accordance with one or more Statements of Work that explicitly incorporate this Professional Services Agreement. 3. Confidentiality. In connection with this Agreement, each party may have access to or be exposed to information of the other party that is not generally known to the public, such as Software, Materials, product plans, pricing, marketing and sales information, Client lists, know-how, or trade secrets, which may be designated as confidential or which, under the circumstances surrounding disclosure, should be treated as confidential (collectively, Confidential Information). Confidential Information may not be shared with third parties unless such disclosure is to the receiving partys personnel, including employees, agents and subcontractors, on a need-to-know basis in connection with this Agreement, so long as such personnel have agreed in writing to treat such Confidential Information under terms at least as restrictive as those herein. Each party agrees to take the necessary precautions to maintain the confidentiality of the other partys Confidential Information by using at least the same degree of car e as such party employs with respect to its own Confidential Information of a similar nature, but in no case less than a commercially reasonable standard of care to maintain confidentiality. The foregoing shall not apply to information that (1) was known by one party prior to its receipt from the other or is or becomes public knowledge through no fault of the recipient; or (2) is rightfully received by the recipient from a third party without a duty of confidentiality. If a recipient is required by a court or government agency to disclose Confidential Information, the recipient shall provide advance notice to other party before making such a disclosure. The obligations with respect to Confidential Information shall continue for two years from the date of disclosure. 4. Term; Termination. A. Term of this Agreement. This Agreement shall be effective from the Effective Date and shall continue until it is terminated as set forth below (the Term). B. Termination. Either party may terminate an individual Statement of Work hereunder if the other party commits a material breach of such agreement and the breach is not cured within 90 days of receipt of written notice from the injured party. PCFS Solutions may terminate this Agreement immediately, if (1) you fail to make any payment when due; (2) you are acquired by or merge with a competitor of PCFS Solutions; (3) you declare bankruptcy or are adjudicated bankrupt; or (4) a receiver or trustee is appointed for you or substantially all of your assets. Either party may terminate this agreement with (30) days written notice provided as set forth in Section 9(N). Upon termination of this Agreement, all rights and obligations of the parties under this Agreement and any accompanying Statements of Work will automatically terminate except for rights of action accruing prior to termination, payment obligations accruing pursuant to any Statements of Work, and any obligations that expressly or by implicatio n are intended to survive termination. 5. Proprietary Rights. You irrevocably acknowledge that, subject to the license granted herein or any separate license agreement referenced in Section 8 below, you have no ownership interest in the Software, the Materials, the methods by which the Professional Services are performed or the processes that make up the Professional Services (the PCFS Solutions IP). PCFS Solutions owns all right, title and interest in the PCFS Solutions IP, subject to any limitations associated with the intellectual property rights of third parties. PCFS Solutions reserves all rights not specifically granted herein. 6. Deliverables. Subject to payment in full for the applicable Professional Services, PCFS Solutions grants you a non-exclusive, non-transferable, royalty-free right to use the Deliverables solely in the country or countries in which you do business, solely for your internal use, and solely as necessary for you to enjoy the benefit of the Professional Services as stated in the applicable Statements of Work. PCFS Solutions and its applicable suppliers or licensors will retain exclusive ownership of all Deliverables, and will own all intellectual property rights, title and interest in any ideas, concepts, know-how, documentation and techniques associated with such Deliverables. 7. Suspension or Modification of Software or Professional Services. PCFS Solutions may suspend, terminate, withdraw or discontinue all or part of the Professional Services or your access or one or more users access to the Software upon receipt of a subpoena or law-enforcement request, or when PCFS Solutions believes, in its sole discretion, that you (or your users) have breached any term of this Agreement or an applicable Statement of Work or are involved in any fraudulent, misleading or illegal activities. 8. Software. A. Accompanying License. Software and Materials may be provided subject to a separate software license agreement, product guides, operating manuals or other documentation included with the software or presented to you during the installation or use of the Software. You agree to be bound by such license agreements. B. Software License from PCFS Solutions. If no license terms accompany the Software, then subject to your compliance with the terms set forth in this Agreement, PCFS Solutions hereby grants you a personal, nonexclusive license to access and use such Software only during the term of the Professional Services and solely as necessary for you to enjoy the benefit of the Professional Services as stated in the applicable Statement of Work. I. Restrictions. You may not copy, modify or create a derivative work, collective work or compilation of the Software, and may not reverse engineer, decompile or otherwise attempt to extract the code of the Software or any part thereof. You may not license, sell, assign, sublicense or otherwise transfer or encumber the Software; may not use the Software in your own delivery of managed-services to third-parties or in a service bureau arrangement; and may not use the Software in excess  of the authorized number of licensed seats for concurrent users, sites or other criteria specified in the applicable Statements of Work. In addition, Client may not access the Software or monitor its availability, performance or functionality, or for any other benchmarking or competitive purpose.You are further prohibited from (1) attempting to use or gain unauthorized access to PCFS Solutions networks or equipment; (2) permitting other individuals or entities to use the Software or copy the Software or Professional Services; (3) attempting to probe, scan or test the vulnerability of Software or a system, account or network of PCFS Solutions or any of its Clients or suppliers; (4) interfering or attempting to interfere with service to any user, host or network; (5) transmitting unsolicited bulk or commercial messages; (6) restricting, inhibiting or otherwise interfering with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Software (except for tools with safety and security functions); or (7) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any PCFS Solutions facilities used to deliver the Professional Services. II. Audit. You hereby grant PCFS Solutions, or an agent designated by PCFS Solutions, the right to perform an audit of your use of the Software during normal business hours; you agree to cooperate with PCFS Solutions in such audit; and you agree to provide PCFS Solutions with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the software licensing terms of this Agreement. 9. Additional Terms. A. Limited Warranty. PCFS SOLUTIONS WARRANTS THAT ITS SERVICES SHALL BE PERFORMED BY QUALIFIED PERSONNEL IN A MANNER CONSISTENT WITH GOOD PRACTICE IN THE INFORMATION TECHNOLOGY SERVICES INDUSTRY. IF PCFS SOLUTIONS BREACHES THIS WARRANTY, IT SHALL SUPPLY SERVICES TO CORRECT OR REPLACE THE WORK AT NO CHARGE. THE REMEDY SET FORTH IN THIS SECTION IS CLIENTS EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. PCFS SOLUTIONS WARRANTS THAT IT HAS THE RIGHT TO GRANT THE LICENSES TO THE SOFTWARE LICENSED IN SECTION 8 ABOVE, AND SUCH SOFTWARE WILL SUBSTANTIALLY CONFORM TO THE FUNCTIONAL SPECIFICATIONS AND CURRENT DOCUMENTATION PROVIDED BY PCFS SOLUTIONS. THIS WARRANTY DOES NOT COVER SERVICE NOT PERFORMED OR AUTHORIZED BY PCFS SOLUTIONS (INCLUDING INSTALLATION OR DE-INSTALLATION), USAGE NOT IN ACCORDANCE WITH SOFTWARE INSTRUCTIONS, OR USE OF PARTS AND COMPONENTS NOT SUPPLIED OR INTENDED FOR USE WITH THE SOFTWARE OR SERVICES. EXCEPT AS EXPRESSLY STATED IN THE THIS SECTION 9(A), PCFS SOLUTIONS, (INCLUDING ITS AFFILIATES, CONTRACTORS, AND AGENTS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AND OFFICERS), ON BEHALF OF ITSELF AND ITS SUPPLIERS (COLLECTIVELY, THE PCFS SOLUTIONS PARTIES) MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO ANY OF THE SOFTWARE OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY (1) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY OR NON-INFRINGEMENT; (2) RELATING TO THIRD-PARTY PRODUCTS; (3) RELATING TO THE PERFORMANCE OF SOFTWARE OR PCFS SOLUTIONSS PERFORMANCE OF THE SERVICES OR WHETHER THE SOFTWARE OR SERVICES ARE SUITABLE FOR HIGH-RISK ACTIVITIES; OR (4) REGARDING THE RESULTS TO BE OBTAINED FROM THE SOFTWARE OR SERVICES OR THE RESULTS OF ANY RECOMMENDATION BY PCFS SOLUTIONS. B. Limitation of Liability. TO THE EXTENT PERMISSIBLE BY LAW, PCFS SOLUTIONS WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF SECTION 1.D.I. OR SECTION 8, OR ANY CLAIM BROUGHT PURSUANT TO SECTION 9(C), NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) DELIVERABLES OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. IN NO CIRCUMSTANCES, SHALL PCFS SOLUTIONSS TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO PCFS SOLUTIONS UNDER THE APPLICABLE STATEMENT OF WORK. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR PCFS SOLUTIONSS SALE OF SOFTWARE OR SERVICES TO CLIENT, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. C. Indemnification. PCFS Solutions shall defend and indemnify you against any third-party claim or action that Software, Professional Services or Deliverables (excluding Third-Party Products and open source software) prepared or produced by PCFS Solutions and delivered pursuant to this Agreement infringe or misappropriate that third partys U.S. patent, copyright, trade secret, or other intellectual property rights (Indemnified Claims). In addition, if PCFS Solutions receives prompt notice of an Indemnified Claim that, in PCFS Solutionss reasonable opinion, is likely to result in an adverse ruling, then PCFS Solutions shall, at its option, (1) obtain a right for you to continue using such Software, Deliverables or allow PCFS Solutions to continue performing the Professional Services; (2) modify such Software, Professional Services or Deliverables to make them non-infringing; (3) replace such Software, Professional Services or Deliverables with a non-infringing equivalent; or (4) refund any pre-paid fees for the allegedly infringing Professional Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product, Deliverables or Software. Notwithstanding the foregoing, PCFS Solutions shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Software, Professional Services, or Deliverables that were not performed by or on behalf of PCFS Solutions; (2) the combination, operation, or use of the Software, Professional Services or Deliverables in connection with a Third- Party Product (the combination of which causes the claimed infringement); or (3) PCFS Solutionss compliance with your written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by you. PCFS Solutionss duty to indemnify and defend under this Section 9.C. is contingent upon: (1) PCFS Solutions receiving prompt written notice an Indem nified Claim, (2) PCFS Solutions having the right to solely control the defense and resolution of such Indemnified Claim, and (3) your cooperation with PCFS Solutions in the defense and resolution of such Indemnified Claim. This Section 9.C. states Clients exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate PCFS Solutions to provide any greater indemnity to Client. You shall defend and indemnify PCFS Solutions against any third-party claim or action arising out of (1) your failure to obtain any appropriate license, intellectual property rights, or other permissions, regulatory certifications, or approvals associated with technology or data provided by you, or associated with software or other components directed or requested by you to be installed or integrated as part of the Software, Professional Services or Deliverables; (2) your breach of this Agreement; (3) any inaccurate representation regarding the existence of an export license or any allegation made against PCFS Solutions due to your violation or alleged violation of applicable export laws, regulations, or orders; or (4) your providing of (or providing access to) Excluded Data (defined below) to PCFS Solutions. Each party shall defend and indemnify the other party against any third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying partys gross negligence or willful misconduct in the course of performing its obligations under this Agreement. D. Independent Contractor Relationship; Assignment; Subcontracting. The parties are independent contractors. No provision of this Agreement will or shall be deemed to create an association, trust, partnership, joint venture or other entity or similar legal relationship between PCFS Solutions and Client, or impose a trust, partnership or fiduciary duty, obligation, or liability on or with respect to such entities. Neither party will have any rights, power or authority to act or create an obligation, express or implied, on behalf of another party except as specified in this Agreement. PCFS Solutions has the right to assign, subcontract or delegate in whole or in part this Agreement, or any rights, duties, obligations or liabilities under this Agreement, by operation of law or otherwise, provided that PCFS Solutions shall remain responsible for the performance of Professional Services under this Agreement. Otherwise, neither party may assign this Agreement, in whole or in part, without the permission of the other. E. Force Majeure. Neither party shall be liable to the other for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control, such as fire, flood, war, cyber warfare, including, but not limited to, Internet-based conflict and attacks on information systems designed to or resulting in the disabling of websites and networks, embargo, strike, riot or the intervention of any governmental authority (a Force Majeure). In such event, however, the delayed party must promptly provide the other party with written notice of the Force Majeure. The delayed partys time for performance will be excused for the duration of the Force Majeure, but if the Force Majeure event lasts longer than 30 days, then the other party may immediately terminate, in whole or in part, this Agreement or the applicable Statement of Work by giving written notice to the delayed party. G. Entire Agreement; Severability. This Agreement, together with any Statement of Work, is the entire agreement between you and PCFS Solutions with respect to its subject matter and supersedes all prior oral and written understandings, communications, or agreements between you and PCFS Solutions. No amendment to or modification of this Agreement, in whole or in part, will be valid or binding unless it is in writing and executed by authorized representatives of both parties. If any provision of this Agreement should be found to be void or unenforceable, such provision will be stricken or modified, but only to the extent necessary to comply with the law, and the remainder of this Agreement will remain in full force and will not be terminated. H. Governing Law. This Agreement, any related Statement of Work, and ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CLIENT AND PCFS SOLUTIONS, including their affiliates, contractors and agents, and each of their respective employees, directors and officers arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement) any related purchase (a Dispute) shall be governed by the laws of the State of California, without regard to conflicts of law. I. Venue. The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Orange County, California. Client and PCFS Solutions agree to submit to the personal jurisdiction of the state and federal courts located within Orange County, California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. J. Bench Trial. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. K. No Class Actions. NEITHER CLIENT NOR PCFS SOLUTIONS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CLIENTS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. L. Limitation Period. NEITHER PARTY SHALL BE LIABLE FOR ANY CLAIM BROUGHT MORE THAN TWO YEARS AFTER THE CAUSE OF ACTION FOR SUCH CLAIM FIRST AROSE. M. Dispute Resolution. Client and PCFS Solutions will attempt to resolve any Dispute through face-to-face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a state or federal court in Orange County a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitations period, or preserve a superior position with respect to other creditors, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. In the event the parties are unable to resolve the Dispute within 30 days of notice of the Dispute to the other party, the parties shall be free to pursue all remedies available at l aw or in equity. N. Scope of Services. Subject to the terms and conditions of this Agreement, Company will perform those services (Services) with respect to the Company products separately purchased by Client (Company Commercially-Available Software) as set forth in one or supplemental document(s) (Statement of Work), attached hereto as Exhibit A and as amended and/or supplemented from time to time by the mutual written agreement of the parties and incorporated herein by reference. A Statement of Work will be, at a minimum, a written document that (i) references this Agreement, (ii) describes the Services to be performed (and if said Services shall include the creation of object code, such object Code is defined herein as Deliverable), (iii) specifies the corresponding rate schedule or other fee information, and (iv) is signed by both parties or is issued by one party and signed by the other party. Company will use commercially reasonable efforts to complete the Services by the applicable dates set forth in the attachment (Target Dates). O. Change Orders. Any changes to the scope of the Services must be made in writing and signed by both parties (Change Order) or if the Change Order is made via email to the other partys designated contact person, the receiving party will have five business days to reject the Change Order. If said rejection is not made within the 5 business day period, the Change Order is deemed mutually accepted. Each accepted Change Order will be incorporated herein by reference and subject to the terms and conditions of this Agreement. P. Execution This Agreement may be executed and delivered by facsimile/PDF and the parties agree that such facsimile execution and delivery will have the same force and effect as delivery of an original document with original signatures, and that each party may use such facsimile signatures as evidence of the execution and delivery of this Agreement by all parties to the same extent that an original signature could be used. IN WITNESS WHEREOF, the parties by their duly authorized representatives have executed this Agreement as of the Effective Date.