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In The Time Of The Butterflies: Minerva Mirabal Essay
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Minerva in the time of the butterflies essay - YouTube
Goodbye My Brother by John Cheever. “Goodbye My Brother” is one of John Cheever’s best known short stories. In fact, it was this story which contributed to in the time butterflies essay Cheever’s receiving his Guggenheim Scholarship. An uneasy relationship between two characters who are brothers is a dynamic Cheever returned to time and again throughout his writing career. When he does this, the relationship is always a metaphor for something bigger. Modern Day Clear Island, Massachussetts. I like the contrast between two brothers, and I prefer the nihilist brother Lawrence, nick-named ‘Croaker’. He may have a tendency to capstone essay point out the downside of any situation, but he is nonetheless right. When he notes that making improvements on a house near the coast is futile due to erosion from the time butterflies essay sea, I’m reminded of that very modern division that can occur between family members at an essay search gatherings: Those who worry about climate change and rising sea levels versus those who insist that any climate change is a natural phenomenon and nothing at time essay all to worry about.
No matter the era, there will always be somewhat of capstone essay, a clash between pessimists and optimists; that’s what make this story timeless. After reading this particular short story, I suspected there was far more to it if you cared to in the essay look below the surface. Sure enough, after reading Peter Mathews’ essay A Farewell to Goodbyes: Reconciling the Past in figurative language essay rubric Cheever’s “Goodbye, My Brother” I realise that in order to really understand Cheever you would ideally have an understanding of mythology, the in the history of religion, and a keen eye for symbolism. I’m sure I could keep digging into this one until I reached China. WHAT HAPPENS IN “GOODBYE MY BROTHER” The Pommeroy Clan gathers at capstone essay the family’s summer house, built in the 1920’s on an island off the of the essay on minerva coast of Massachusetts. The four grown children and their families join their widowed mother for this summer ritual.
This is a special occasion, as they haven’t seen Lawrence in four years. Search! Unfortunately, Lawrence has a reputation for time essay, putting a downer on procedings, and sure enough, he starts to piss the rest of the family off by pointing out the negatives and refusing to michael crichton be a ‘joiner’. One night, the family all dress up for of the essay on minerva, an ‘As You Were’ party, except for Lawrence and Ruth, who don’t want to go. All the wives turn up in their wedding dresses; the men are surprised to find more than one has turned up in his high school football uniform. An Essay Search Engine! Then Ruth turns up, wearing a red dress which feels to the narrator ‘all wrong’.
Lawrence is outside and refuses to in the time of the butterflies essay come in. The narrator assumes it’s because he thinks the whole idea of dressing up as someone from the figurative past is of the butterflies essay on minerva pathetic. Note that we never really know what Lawrence thinks. While the rest of the family is at figurative rubric a flower show, Lawrence and the narrator have their own little showdown on the beach after the in the time of the narrator has a go at Lawrence for language essay rubric, spoiling everyone’s holiday. Then he whacks him across the back of the time of the butterflies on minerva head with a wet root, wishing him dead. Writing! He ends up going off to have a swim and not worrying too much about whether he is okay. Lawrence, nihilist that he is, doesn’t seem all that surprised by this, but is angry enough to pack up and in the time essay on minerva leave after announcing the incident to capstone essay the family. Only the mother got up to say goodbye, before Lawrence’s family took the six o’clock boat to the mainland. Laud’s Head appears to be a fictional headland of the in the essay on minerva sort that you find dotted along the New England coast of America. Cheever wrote “Goodbye, My Brother,” after a gloomy summer in Martha’s Vineyard, so I suppose we might imagine that setting.
That said, the name ‘Laud’ apparently has significance to readers who know their English history: [T]he summer house, or Eden, of the Pommeroy family is crichton called Laud’s Head, a name which, if one knows some English religious history, undoubtedly refers to one of the most famous Anglican Archbishops, William Laud, who was beheaded by the Puritans in in the 1645 for attempting to bring back into the Episcopal Church music, ritual, the Communion table, and the sacramental system the Puritans had banned. […] Chaddy Pommeroy […] and Chucky Ewing […] both have names that are cognates of figurative rubric, […] Charles I, who also lost his head to the Puritans under the chief Roundhead, Oliver Cromwell. The Weather As Emotion In “Goodbye My Brother” The blustery Atlantic air plays an important part in the story. The cold ocean air has blown away the gloom that Lawrence has brought with him from Albany. At the end of the story, the in the of the on minerva narrator wakes up on the morning of Lawrence’s abrupt departure with a feeling that a black cloud has blown away and left a perfectly gorgeous day.
Jesus, what a morning! The wind was northerly. The air was clear. In the early heat, the roses in the garden smelled like strawberry jam. In stories, when the weather reflects character emotions, this is called ‘pathetic fallacy’. See: Pathetic Fallacy — not actually an insult. (There are other examples of this poetic device, though weather/emotions is a commonly utilised one.) On the other hand, the weather may not have changed; rather, the narrator’s perception of it changed along with his improved mental state.
Cheever’s characters have been described as ‘Sisyphean’, meaning they can never quite achieve completeness. (Sisypheus was a Greek king who, punished for greek essay, deceit, was forced to roll a huge boulder uphill only to watch it roll back down again, then repeating the task for eternity.) A Puritan American family who have a holiday house with a tennis court. With his mouth set, my brother looked to me then like a Puritan critic. Sometimes, when I try to understand his frame of mind, I think of the beginnings of in the on minerva, our family in this country […] The branch of the Pommeroys to capstone essay which we belong was founded by a minister who was eulogized by Cotton Mather for his untiring abjuration of the Devil. The Pommeroys were ministers until the in the of the butterflies essay on minerva middle of the nineteenth century, and the harshness of their thought – man is full of misery, and all earthly beauty is lustful and corrupt – has been preserved in books and capstone essay sermons. The temper of our family changed somewhat and became more lighthearted, but […] it seemed to me to of the essay have been a trial of the bibliography paper spirit in which Lawrence had succumbed. The French roots of the name Pommeroy signifies “king of the apples,” a reference to the story’s Edenic context. The Unnamed Narrator: 38 years old, a married schoolteacher. Time Of The Essay! Apart from time spent with the family, lives in a school dormitory. Since this is a story told in the first person, this narrator will be unreliable to some extent. Myth Questions! And to butterflies essay some extent, our narrator acknowledges this:
I think I saw what was going on his mind. On the other hand, we see the capstone essay narrator calling the butterflies essay on minerva kettle black: It is like Lawrence to try to read significance and an essay finality into every gesture that we make… Usually, the reader identifies with the first person narrator, or the main character/protagonist. In this case, the reader may or may not side with Lawrence — we are prompted in no particular direction by Cheever, who presents the story without asking us to in the time of the butterflies take a moral stand. This narrator isn’t a particularly nice person.
He express no guilt over the fact that he had tried to kill his brother on language rubric the beach the day before by hitting him over the head with a waterlogged tree-root. It’s not even an isolated incident — he recalls a time in childhood, hitting Lawrence on in the time on minerva the head with a rock. This unrepentent narrator may have his youngest brother all wrong, for all the reader knows: “The ‘I’ of the story seems at first a patient, long-suffering and trustworthy narrator, but as the capstone essay tale progresses we realize that a great deal of in the of the butterflies essay, Lawrence’s gloominess is not demonstrated but ascribed to him, proceeding less from his act than his thoughts, to greek essay questions which we have no access but the narrator’s speculation. The narrator is married to a woman called Helen , who dyes her hair to in the time essay hide the essay questions years. Helen and the narrator live on time of the butterflies Long Island with four children. The Narrator’s Widowed Mother : husband was killed in a sailing accident. She has formed strong opinions on how to lead a life well-lived, and is fond of on google search engine, dishing out life advice to her children, even though the children are old enough now to see contractions between what she says and how she behaves. The Dead Father : Just as important to a story are the characters who are not there: The absence of the Pommeroy father constitutes more than just a fictional device: Cheever places him at the fringes of the story in order to of the butterflies essay create a deliberate echo of the other legal discourses evoked by the narrator. Through this repeated association, the Pommeroy father becomes the symbol of the law.
His legal correlates are mapped in Figure 1: God the Father, the rubric Logos from the Gospel of John and the author of the Ten Commandments; Uranus, the grandfather of the Greek gods and the father of the in the time of the butterflies essay on minerva Titans; and Cotton Mather, the patriarch and lawgiver of colonial, Puritan America. We are told the children are ‘out of their twenties’. Affordable! It turns out time on minerva, they are in their early forties/late thirties. One Recently Divorced Sister : Diana. Diana has been living in bibliography + research France while her two children are at school in Switzerland. Butterflies On Minerva! The names of the two women, Helen and search engine Diana, have mythic associations. Mythic associations add a dimension of tradition to a story, and reinforce Cheever’s need to explore the butterflies on minerva past, ‘even into antiquity’. 1. Chaddy, lives in Manhattan. Chaddy and the narrator have a competitive relationship with each other, but not a soured one.
Chaddy is capstone essay their mother’s favourite, and successful in his work, whatever that is. Chaddy is married to Odette, who flirts to restore her youth. Odette has black hair and time of the butterflies essay black eyes and is careful to keep out of the paper sun. She flirts (not seriously) as modus operandi. Lawrence is described as a ‘changeling’. 2. Lawrence is the in the on minerva youngest son and a lawyer.
He got a job with a Cleveland firm after the war. The family didn’t see him during that time. Crichton! He now works for a firm in Albany, so agreed to in the butterflies essay on minerva spend time with the family at Laud’s Head. Lawrence’s name, of course, contains the word “law,” but his nicknames also possess deeper meanings: “Little Jesus” during the latter part of his youth. Greek Myth Essay Questions! But it is in the of the butterflies essay on minerva his childhood nickname that has a particular resonance throughout the story. He was called Tifty as a child because of the figurative language essay sound his slippers made on the floor as he walked. On Minerva! Also called Croaker (a person who grumbles or habitually predicts evil) and Little Jesus (fitting the Puritan motif).
Lawrence is the only member of the family who has never enjoyed drinking. With his mouth set, my brother looked to me then like a Puritan cleric. Bibliography + Research! Sometimes, when I try to understand his frame of mind, I think of the beginnings of time of the essay on minerva, our family in this country, and his disapproval of capstone essay, Diana and her lover reminded me of this. Lawrence is both repulsed by in the time butterflies on minerva, and attracted to figurative the past. I remembered Lawrence’s sensitivity to time and his sentiments and opinions about our feelings for the past. I had heard him say, years ago, that we and our friends and our part of the nation, finding ourselves unable to cope with the essay problems of the present, had, like a wretched adult, turned back to what we supposed was a happier and simpler time, and an essay engine that our taste for reconstruction and candlelight was a measure of this irremediable failure. Lawrence is a nihilist. He can ‘make a grievance out of anything’, according to the narrator. But in Lawrence’s favour, he doesn’t seem all that bothered by a blow to his head by his older brother, because the of the nihilist in him must have been expecting it. Note that Lawrence barely speaks more than a few lines in capstone essay the entire narrative. Though the title is named for the narrator’s relationship with this particular brother, Lawrence is not all that important to in the time of the butterflies essay the story, because the story is about the narrator’s inner-world alone.
Interestingly, the capstone essay character of Lawrence did not even exist in time butterflies essay an early draft of the story. The brother story, in its bare outline, was the story of one man. There was no brother; there was no Lawrence. (In the finished story he speaks only a few lines and the bulk of his opinions are given to him by the narrator.) I tried to bury this outline then under several others so that the story would unfold like an uncooked onion. Lawrence is married to Ruth. The character of capstone essay, Ruth also highlights the importance of names to unlocking the themes of in the of the butterflies, Cheever’s story; Ruth is a Biblical character who sacrifices a lot for others.
In this story, Ruth is ‘a thin girl, tired from the journey.’ I…passed Ruth in the laundry. She was washing clothes. I don’t know why she should seem to capstone essay have so much more work to time butterflies do than anyone else, but she is always washing or mending clothes. Their two children, too, are thin and wear ‘ornate cowboy costumes’.
They cry/take offence disturbingly easily. Even their own grandmother can’t stand to be around them as they look so dejected. But does Lawrence really exist? Cheever apparently told a mentor: “There was no brother; there was no Lawrence.” I’m not sure of the context surrounding this — perhaps he meant in an early draft, but I like the essay idea that Lawrence is a figment of the narrator’s imagination — the squirrel in in the time butterflies essay his attic, the pessimistic side of himself, putting a dampener on his very own holiday. Minor Characters In “Goodbye My Brother” The man who Diana is an essay on google search engine sleeping with while here for the summer, mentioned only in passing. The summer cook, Anna Ostrovick , a recognisable trope of a woman — jolly and fat and industrious. She ends up banning Lawrence from in the time of the on minerva her kitchen because she can’t put up with his negativity. Revelling in nostalgia is futile.
Critics have said that Cheever’s ‘brother motif’ tends to come back to this. “This house is about twenty-two years old,” he said. “These shingles are about two hundred years old. Dad must have bought shingles from all the farms around here when he built the place, to make it look venerable. […] Imagine spending thousands of dollars to make a sound house look like a wreck,” Lawrence said. “Imagine the frame of mind this implies. Imagine wanting to live so much in the past that you’ll pay men carpenters’ wages to disfigure your front door.” Then I remembered Lawrence’s sensitivity to time and his sentiments and opinions about our feelings for the past. I had heard him say, years ago, that we and figurative essay our friends and our part of the nation, finding ourselves unable to cope with the in the of the on minerva problems of the present, had, like a wretched adult, turned back to myth what we supposed was a happier and simpler time, and that our taste for reconstruction and candlelight was a measure of in the time of the essay on minerva, this irremediable failure. the story’s basic thematic structure: the clash between the father, the mythological founder of the law, and the legacy he leaves to his children. “Goodbye My Brother,” is wrought with his recurrent themes of light and nostalgia . TECHNIQUES OF NOTE IN “GOODBYE MY BROTHER” The Motif Of The Sea In “Goodbye My Brother” Cheever uses the sea as a motif in a number of services, his works.
In this story, too, the sea forms the crucial backdrop to the narrative. “The sea salt that I think is in our blood”, says our unnamed narrator. Note also that the father died in the sea. The sea therefore is an important part of the narrator, bonding him with his family and to his history. Both he and his brother Chaddy miss the sea when they venture out West.
The sea binds together various threads of the story. Lawrence, on the other hand, doesn’t think well of the sea. He rejects the sea and hates everything about it, seeing the havoc it wreaks on the coastline and on the family holiday home. He and Ruth refuse to go swimming with the rest of the family, partly rejected by the matriarch, of course, who takes Chaddy’s arm and essay on minerva proclaims that she is determined to have fun . The sea relieves the narrator from the nihilism that permeates Lawrence’s thought. There is a paradoxical tranquility in the sea’s restlessness that is typified by the family’s daily swimming ritual, a practice that takes on quasi-religious overtones in its “illusion of purification” (10). Michael Crichton! The antidote to society’s Puritan past is thus to be found in the sea. Reflecting on his encounter with Ruth in the laundry, the narrator thinks about the alternative spirituality he feels in the sea’s presence….Lawrence fears that the sea, destroyer of in the time of the butterflies essay, his father and the law, will also destroy the family structure itself, as symbolized by the house. Cheever’s allusion is to capstone essay the Bible, to time of the butterflies essay Matthew 7:26-7, in essay which Jesus says: “Therefore whosoever heareth these sayings of mine, and doeth them not, shall be likened to a foolish man, which built his house upon in the time, the sand: And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell: and great was the fall of it” (AKJV). For Lawrence, the family has built its foundations on sinking sand, a view that Cheever thematically transfers from the figurative language essay rubric house to the values that underpin the lives of his mother and siblings.
Now I could hear the waves, whose heaviness sounded like a reverberation, like a tumult, and it pleased me as it had pleased me when I was young, and it seemed to have a purgative force, as if it had cleared my memory of, among other things, the penitential image of Ruth in the laundry. “‘This house will be in the sea […] The sea wall is badly cracked,’ Lawrence said. “I looked at it this afternoon. You had it repaired four years ago, and it cost eight thousand dollars. You can’t do that every four years’” The narrator ends the story with a life-sustaining image that depicts the sea not as a destructor but as life-giving. Mythological Allusions In “Goodbye My Brother” Using the sea’s mythical symbolism, Cheever reaches back to in the time of the a time before the invention of Christianity, before the God of the Puritans to a different and more ancient creation myth.
Through a series of an essay on google search, allusions, he instead evokes the pagan myths and deities of the time of the butterflies ancient Greeks: Odette looks up at the night sky, trying to find the constellation of Cassiopeia ; the narrator imagines Lawrence saying “ Thalassa, Thalassa ” (the Greek word for “sea” ) when he leaves Laud’s Head; their sister, Diana , is an allusion to the virgin goddess of the article hunt; the narrator’s wife, Helen , is the namesake of the most famous beauty of the classical world. But these allusions are swallowed up in a greater story that is alluded to yet never explained, namely, the time essay on minerva creation myth of the ancient Greeks. Juxtaposition In “Goodbye My Brother” Beginning versus Ending In “Goodbye My Brother” There is an essay on google search a copious amount of juxtaposition in in the butterflies essay on minerva this story. It begins with the second sentence, in which.
our mother has always stressed the fact that our familial relationships have a kind of myth essay, permanence that we will never meet with again. This is juxtaposed with the ending, in which it is perhaps true that familial relationships have a kind of permanence, but whether they should be revered or not? The reader is left knowing that the two brothers will never be friends. Juxtaposition of Voice In “Goodbye My Brother” The story is divided between the rather flat, dour pronouncements delivered by in the butterflies, Lawrence and the rich, sensuous counterpassages of the narrator. As Lawrence, for example, calls Odette a promiscuous woman, the narrator describes her in sensual detail, noting the roundness of her shoulders and the whiteness of her skin. Capstone Essay! Similarly, at in the butterflies the conclusion of the costume party, the capstone essay guests rescue the in the time butterflies essay floating white balloons from the sea while Lawrence laments the partygoers’ foolishness.
The lushness of the prose that Cheever employs when describing the an essay search smells, the sounds, and the contentment of the narrator’s life among his family strikingly contrasts not only with Lawrence’s gloom but also with his matter-of-fact language. The sense of possibility of the former overshadows the finality of the latter. Juxtaposition Of Character In “Goodbye My Brother” Again from Mathews: Lawrence’s life is characterized by a string of time essay on minerva, goodbyes, but this pattern is not accompanied by a process of healing and moving on. On the contrary, his history is scarred by these failures, and these recurring moments of disillusionment are remembered with the force of resentment.
For the narrator, by contrast, the sea allows him to forget, it allows him to be washed free of his pain and thus avoid the canker of resentment that eats away at bibliography + research paper Lawrence’s being. The narrator experiences the visit as tender and on minerva warm, which contrasts with Lawrence’s perennial exasperation with his family. For example, at the age of sixteen, he labeled his mother as “frivolous, mischievous, destructive, and crichton overly strong.” But, the time butterflies essay narrator believes this projection to be the result of Lawrence’s basic refusal to embrace life, which leads to the realization that the lifelong rift between the brothers may always remain. The sadness that accompanies this conclusion is palpable. The philosophical difference between the brothers is acknowledged early in the story: “Then I remembered Lawrence’s sensitivity to capstone essay time and his sentiments and opinions about in the time on minerva our feelings for the past. I heard him say, years ago, that we and our friends and our part of the nation, finding ourselves unable to cope with the article writing services present, had, like a wretched adult, turned back to what we supposed was a happier and simpler time, and that our taste for reconstruction and candlelight was a measure of this irremediable failure.”
Subtle Repetitions In “Goodbye My Brother” Mathews quotes Morace: “Essentially, Cheever plays the same scene or situation over and over with slight but cumulatively significant changes, gradually transforming the real into in the of the butterflies on minerva, the fantastic, time into dream. Language Rubric! […] [His fiction] depends considerably less on in the butterflies essay on minerva linear plot, narrative focus, and character development than it does on various forms of narrative parallelism: echoing, juxtaposition, counterpoint, incremental repetition, thematic variations, and services the coming together of disparate characters, situations, and narrative lines” Narrator As Character In “Goodbye My Brother” Written in first person point of view, the unnamed narrator is time of the wry, compassionate and greek myth questions detached. At first we may think of him as a sympathetic observer. This kind of narrator is commonly utilised by in the time of the butterflies on minerva, Cheever in his short stories. The effect, according to Mathews: to initiate a move beyond the capstone essay surface story, thus showing how these forces penetrate every level of discourse, from the in the time of the butterflies level of everyday life (in the family’s clashes with Lawrence) to its deeper, more metaphysical levels (in the writing services story’s religious, historical, and mythical references). The function of the narrator is to evaluate his family’s ideas, and the story is the scale on which he weighs the different worldviews he encounters in that milieu.
His effectiveness is guaranteed by the double consciousness with which Cheever imbues him. Indeed, the narrator shifts continually back and forth between lyrical celebrations of life and gloomy ruminations about Lawrence’s character. STORY SPECS OF “GOODBYE MY BROTHER” This story first appeared in The New Yorker , August 25, 1951 on P. 22, and is available online behind a paywall. “Goodbye, My Brother” is the first short story in this vintage collection. The mood and atmosphere — in other words, the setting of “Goodbye My Brother” — remind me very much of the first few episodes of time butterflies, Bloodline , in which brothers and a sister return to capstone essay the family home for in the butterflies essay, an gathering. In this series, too, there is one brother who is the black sheep (played by Australian actor Ben Mendelsohn). The setting is reminiscent of that portrayed in Goodbye, My Brother — the michael crichton essays smell of in the time essay, brine, the coastal holiday vibe.
The feeling that not all is well beneath the surface. That said, Bloodline is set and bibliography paper filmed many miles south, in Florida Keys. What about in the time butterflies films such as A Beautiful Mind , or Sixth Sense ? Perhaps this is an unreliable narrator who has no epiphany; perhaps this story pans out a bit like those. WRITE YOUR OWN BASED ON “GOODBYE MY BROTHER” Not all of us have a family holiday house.
But if you did have a family holiday house, where might it be? Who would join you there? And what sorts of dynamics would prove uncomfortable? Have you ever been on holiday with people who you know and don’t know, in just the wrong combination? Is there anybody in capstone essay your life who you suspect misreads you consistently? If they were to write a story about you, and all the things that supposedly go on inside your head, what would that story look like?
(Note to essay writers: “Goodbye, My Brother” has a comma in it. I’ve removed it here for in the time butterflies on minerva, SEO purposes, though it bothers me to language rubric do so.)
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An Aircraft Lessor#8217;s Delivery Commitment: Some Drafting Fundamentals (Part 2) Picking up from the end of Part 1. 2. Don#8217;t Make Vague, Un-Qualified or Open-Ended Delivery Commitments. #8220;The Aircraft will be in good condition.#8221; #8220;All damage to the Aircraft will have been repaired.#8221; #8220;The Aircraft will be ready for immediate operation by Lessee in Lessee#8217;s normal operations.#8221; Let#8217;s talk about in the of the butterflies on minerva, each of the above. Myth Essay Questions! #8220;The Aircraft will be in good condition.#8221; What is of the, #8220;good condition#8221;? Does it mean #8220;satisfactory to Lessee#8221;? Does it allow the lessee require additional or more stringent delivery conditions at michael delivery? The goal for the lessor in the delivery conditions is agreeing a set of requirements that are achievable (don#8217;t overpromise) and, just as important, objective. If a lessee were to ask me to add this delivery condition, my response would be #8220;Let#8217;s agree a detailed set of delivery conditions that will make you comfortable that you are getting a satisfactory aircraft, but I can#8217;t promise you the aircraft will be in #8216;good condition#8217; because I don#8217;t know what that means or requires.#8221; #8220;All damage to the Aircraft will have been repaired.#8221; Really? All damage? Even the scratch on in the time butterflies on minerva the underside of the armrest in row 23? The requirement should be re-drafted as follows: #8221; All damage to the Aircraft outside of maintenance manual limits will have been repaired in affordable services, accordance with the SRM or as approved by the Airframe Manufacturer.#8221; #8220;The Aircraft will be ready for immediate operation by Lessee in Lessee#8217;s normal operations.#8221; This one is scary. Does it mean that the lessor has to in the essay, make the aircraft comply with all operational requirements of the lessee#8217;s regulatory authority (even though the michael crichton essays, lessor promised only an FAA- or EASA- compliant aircraft)? Does it mean that the lessor has to outfit the aircraft with lessee#8217;s standard safety and galley equipment?
Does it mean that other parts (avionics, wheels and in the time butterflies essay, brakes, etc.) need to greek essay, be swapped to in the time, the lessee#8217;s standard to greek myth essay questions, allow use #8220;in Lessee#8217;s normal operations#8221;? My response to this request would be the same as above: #8220;Let#8217;s agree a detailed set of delivery conditions that will make you comfortable that you are getting a satisfactory aircraft, but I can#8217;t promise you that you will be getting an aircraft that is time of the essay, ready for immediate operation in your #8216;normal#8217; operations because I don#8217;t know what that requires.#8221; It#8217;s rare that an aircraft, even a new aircraft delivered from the manufacturer, meets all of the agreed delivery conditions. In a transition between lessees it#8217;s almost certain that there will be delivery condition discrepancies. Different lessors address this issue in different ways, but the basic point is that the crichton, lease agreement should provide that the lessee cannot refuse acceptance of the in the butterflies on minerva, aircraft when tendered by the lessor other than because of #8220;material#8221; delivery condition discrepancies. An Essay Engine! The definition of butterflies on minerva, #8220;material#8221; is going to crichton essays, be a discussion item with the lessee and it should be addressed in the lease agreementand not left for delivery. My standard approach is to say that the lessee may not refuse acceptance so long as the lessor has complied with its obligations regarding an export certificate of time butterflies essay, airworthiness (or certificate of airworthiness) and the aircraft is capable of being used by the lessee in its commercial operationsnote not #8220;normal commercial operations,#8221; just #8220;commercial operations.#8221; (The lease will also need a mechanism for the correction of the discrepancies post-delivery, the essays, preferred mechanism (from my POV) being that lessee rectifies the discrepancies after delivery with the lessor to reimburse the lessee for the lessee#8217;s out-of-pocket costs (or for an amount agreed in the acceptance certificate).) Often during these negotiations the lessee will point out that the lease agreement requires #8220;perfect tender#8221; at redelivery, but not at delivery. Of The Butterflies Essay! Why is that? Well, my usual response is bibliography + research, that #8220;the lessee has control of the aircraft during the lease term, is responsible for arranging the return maintenance and part of time of the, its business is managing aircraft maintenance; on the other hand, the lessor is primarily a financier of aircraft and, in + research, a transition, is relying on the previous lessee to time of the butterflies essay, perform its obligationsconsequently the lessor should not be held to the same perfect tender standard.#8221; While I think that this argument is a good one, I do have some sympathy for the lessee#8217;s point of view on this issueand have agreed from time to time to apply a #8220;materiality#8221; standard at return, but only so long as the + research, new lessee is willing to accept the aircraft with the return discrepancies without the lessor incurring any incremental costs.
4. Give the in the time butterflies essay, Lessor Adequate Time to Perform. As I discussed in Part 1 of this post, in a transition of an aircraft between lessees so much of the work required to make the transition successful is affordable services, outside the control of the lessorand so the in the time of the butterflies on minerva, lessor should have an extended grace period during which the lessor can satisfy the delivery conditions. In addition, a short grace period for the lessor#8217;s delivery obligations may encourage the lessee to #8220;run out the clock#8221; by delaying inspections, delaying comments on the condition of the affordable article writing, aircraft, providing serial (daily) comments, nitpicking the condition of the aircraft, etc. until the grace period has expired and in the time of the essay, the lessee is able to terminate (or renegotiate) its obligations. Keep in mind that a failed transition really is paper, a disaster for a lessor because in most cases it will result in the aircraft being on the ground (and not earning rent) for a significant period of timeand so an extended grace period is a necessity for a lessor. What#8217;s the right grace period for in the of the butterflies a delivery? From three to six months (possibly longer). From the lessor#8217;s perspective the minimum amount of + research, time will depend on a lot of factors, including the reputation of in the time of the butterflies, each of the returning lessee and the new lessee for competence and fair dealing and the type and amount of work to be performed at return and for the new lessee.
Any factors that add to the uncertainty should result in the lessor pushing harder for crichton a longer grace period. Like with the perfect tender issue, the lessee will likely point out during these delivery grace period negotiations that the lessee has no (or a very short) grace period in its obligation to in the time butterflies essay on minerva, return the bibliography + research, aircraft in the required return condition at the end of the scheduled lease term. In The Time Of The Essay On Minerva! The issues here are the same as the perfect tender issues discussed above, and an essay on google engine, like the above I do have some sympathy for the lessee#8217;s #8220;mutuality#8221; argument so long as the delay in return does not adversely affect the next lessee#8217;s obligation to lease the aircraft. During the delivery delay negotiations the lessee will often ask for a per of the butterflies essay, diem #8220;delay penalty#8221; paymentfor example, if the delivery if delayed for more than 30 days from the scheduled delivery date, then the lessor will pay the lessee an agreed amount for each day of delay in excess of 30 days. If you get this request from a lessee, first, you should highlight to the lessee that a delay will likely have negative economic consequences for article the lessor as well. Second, keep in mind that a delay in delivery may be, at least in in the time of the, part, caused by the new lessee#8217;s delay in accepting the aircraftand the lessor#8217;s agreement to pay a delay penalty to the lessee may only encourage further delay. Affordable Article Writing! Third, also keep in mind that if the returning lessee believes the delay in return is being caused by the lessor (e.g., because of additional return work requested by in the of the the lessor) or by + research the new lessee (e.g., by the new lessee#8217;s unreasonable demands) then the time on minerva, returning lessee may, rightly or wrongly, stop paying rent before return, in which case the loss of rent together with the penalty to the new lessee will be a double financial blow to the lessor.
What do I suggest? If the returning lessee is obligated to pay a penalty in connection with a delay in the return of the aircraft, offer to share that amount with the lessee if and figurative language essay rubric, when actually received from the returning lessee. Otherwise each party should bear its own costs of time of the essay, delay. Essays! And of course under no circumstance should the lessor be obligated to pay the lessee for the lessee#8217;s #8220;losses#8221; in connection with a delayed delivery. The lease agreement should in fact expressly provide that under no circumstances will the lessor be liable for any such losses. The foregoing should go without saying, but you should be careful about the interplay between the lessee#8217;s delivery condition condition precedent and the language of the delivery proceduresfor example, I have recently seen in a signed lease agreement (paraphrasing) #8220;Lessor will not be liable for any losses of lessee incurred in connection with a delay in of the butterflies essay on minerva, delivery (other than caused by a failure of Lessee#8217;s conditions precedent to be met).#8221; Since one of the lessee#8217;s conditions precedent was that the writing, aircraft be in the required delivery condition, the lessor is butterflies on minerva, this deal indirectly (and I#8217;m pretty sure unknowingly) agreed to michael crichton essays, pay for of the butterflies essay on minerva the lessee#8217;s losses in connection with any delay in delivery caused by the failure of the aircraft to meet the an essay search engine, required delivery condition. To sum up, as lessor#8217;s counsel you should make sure the lease agreement#8217;s delivery procedures and conditions are drafted so that your client (1) knows exactly what is in the essay, required, (2) has the capability to meet the requirements, (3) has sufficient time to meet the requirements and (4) is not penalized for delay. That#8217;s it for now. An Aircraft Lessor#8217;s Delivery Commitment: Some Drafting Fundamentals (Part 1) Delivering an aircraft to a lessee is difficult. Delivering an aircraft to a lessee in a transition from a returning lessee is really difficulteasily an aircraft lessor#8217;s most challenging task.
And a failed delivery is a disaster. When a delivery fails, the aircraft can sit for a prolonged period before a new lessee is found, signs a lease agreement, takes delivery and starts paying rent. Paper! In this post I will be discussing delivering an aircraft to a new lessee in a transition from a returning lessee, but most of the concepts I discuss apply equally well (with some tweaks) to a delivery of a new aircraft and a delivery of an off-lease aircraft. Why are deliveries so difficult for a lessor? Reason 1: The lessee is taking delivery of an aircraft it will use for at least a couple yearsmaybe much longer. After delivery the lessee wants to in the time of the on minerva, avoid, for as long a period as possible, paying for any unplanned maintenance or modifications or having any unplanned downtime. As a consequence, the lessee is crichton, going to be aggressive in its pre-delivery inspections and claimed delivery condition discrepancies.
Reason 2: So much of in the time of the essay on minerva, a transition delivery is outside of the lessor#8217;s direct control. For putting the aircraft in the required delivery condition the lessor will need to rely on not only the returning lessee, but also possibly on, inert alios, parts suppliers, an engineering firm, the airframe manufacturer and/or an essays MRO. Butterflies On Minerva! If the amount of michael essays, predelivery work is large (for example, a heavy check being performed by the returning lessee or substantial interior modifications for the new lessee) the possibility for return-delivery delay is substantialeven with the best efforts from a top notch lessor technical team. Reason 3: In the delivery of an aircraft to a lessee timing is very important. In a transition between lessees, the returning lessee wants the lessor to take redelivery as scheduled so that the returning lessee can stop paying rent and time essay on minerva, go #8220;off risk#8221; for affordable article the aircraft; and the lessor wants the new lessee to in the of the on minerva, simultaneously take delivery so that the new lessee starts paying rent and goes #8220;on risk#8221; for the aircraft. Unfortunately, the new lessee may not (for whatever reason) be willing to take delivery as scheduled and if so the lessor needs to manage both the returning lessee and the new lessee to figurative language essay rubric, avoid a gap in rent and time essay, risk allocation (as well as a gap in registration and insurance coverage). With the above in mind, following is a discussion of some #8220;fundamentals#8221; the lessor#8217;s counsel should keep in mind when drafting the delivery conditions and procedures in a lease agreement. Bibliography + Research! Each of the in the butterflies on minerva, fundamentals relates to one or more of the three Reasons discussed above. First, each and every delivery commitment by the lessor (e.g., the aircraft will be painted in the new lessee#8217;s livery) should have either a corresponding return commitment from the returning lessee or a clear indication from the lessor#8217;s tech team that the delivery commitment is otherwise achievable. Myth Essay! When I draft or review delivery conditions I usually prepare a matrix (#8220;matrix#8221; is my fancy word for a Microsoft Word table) with three columns and with a row for each delivery condition. The three columns are (1) Promised Delivery Condition (to the next lessee), (2) Contracted Return Condition (from the returning lessee) and (3) Mismatch.
In the Mismatch column each row should ideally say #8220;None#8221;; if not, there should be an explanation of why the mismatch is in the time butterflies essay, ok or how the mismatch is going to be addressed. Bibliography + Research! And don#8217;t be too creative with your draftingwhere your goal is to simply match a return requirement, then (unless you have a very good reason) the wording of the delivery requirement should be a cut-and-paste from the return section of the returning lessee#8217;s lease agreement. If there is a disagreement with the new lessee about whether a delivery requirement has been met, you want to make sure you have recourse to the returning lessee on its return requirement. Don#8217;t allow the lessor to get whipsawed between two different wordings that you thought said the same thing. Speaking of being whipsawed, when matching the returning lessee#8217;s return conditions in time butterflies on minerva, the delivery conditions be careful when referring to maintenance intervals and hours/cycle/months remaining (and similar concepts).
In all cases such references should be expressly tied to the returning lessee#8217;s maintenance schedule/program. I learned that lesson the hard way. If you see a return condition from a returning lessee and have reason to doubt whether it will be performed, then don#8217;t automatically match it in the delivery conditions to greek, the new lessee. For example, if you see a return condition that says #8220;No part will be older than the Airframe in hours, cycles or calendar time,#8221; before you match that return condition in the delivery conditions check with a lessor tech officer to see whether he or she thinks the returning lessee will actually satisfy that return requirement. If not (which would be my guess), then you should give yourself some wiggle roome.g., #8220;no more than 150% of the in the time essay on minerva, age of the airframe#8221;or maybe not have a part-age delivery condition at all. Capstone Essay! Another good example is #8220;All Aircraft records will be in English.#8221; For some returning lessees that return condition is not going to be metregardless of the what the lease agreement return conditions say. Time Of The! It may be better to say #8220;All Aircraft records required to be in figurative essay, English by [EASA/the FAA] will be in English.#8221; The delivery condition matrix mentioned above is helpful for working through these #8220;in practice#8221; mismatches with the lessor tech team; you can go through each row with a tech officer and discuss whether the time of the essay, returning lessee will meet the return requirement. (c) Pre-delivery Modifications. Language Rubric! Most lessees of of the butterflies essay on minerva, used aircraft will want, before or immediately after delivery, some modifications to the aircraftbecause of the lessee#8217;s regulatory requirements, for the aircraft to conform to the lessee#8217;s other aircraft or for some other reason.
There are three options for performing these modifications: A. The new lessee can perform the + research paper, modifications itself after taking delivery, usually with the lessor providing a rent holiday for an agreed number of days. B. The returning lessee can perform them during the return maintenance. C. The lessor can take redelivery of the in the of the on minerva, aircraft, perform the modifications and then deliver the aircraft to affordable services, the new lessee. From the lessor#8217;s point of of the butterflies essay, view, the first option is almost always the best. The new lessee takes responsibility for ordering the parts, arranging any engineering, scheduling the michael crichton essays, labor and arranging any regulatory approval in connection with the in the essay on minerva, modifications. Plus the new lessee takes any risk of delay in connection with the modifications, with the lessor#8217;s loss of figurative rubric, rent capped at in the time of the butterflies essay on minerva the agreed rent holiday period.
As between options B and C, the lessor#8217;s preference is going to depend on the factsthe identity of the figurative essay rubric, returning lessee, the returning lessee#8217;s ability and willingness to accommodate the request, whether the time essay, modifications can be performed during the scheduled return maintenance (or will the aircraft downtime need to an essay search engine, be extended), the added complexity of the lessor taking redelivery and having to time of the on minerva, register and insure the aircraft during the modification and deal with the regulatory approvals for article writing the mods. In both options B and C, the lessor will likely be required to order parts and arrange engineering. Option B is generally my least favorite option. In this option, the lessor has taken redelivery from the returning lessee and so no longer has any recourse to of the butterflies essay on minerva, the returning lessee when the new lessee finds a problem with the aircraft that violates the bibliography paper, delivery conditionseven a perfectly crafted delivery-return matrix is worthless once the lessor takes return of the in the of the butterflies on minerva, aircraft. Plus during the modifications the lessor has all the risks associated with the possession of the aircraftrisk or damage and risk of mechanical failure (both of which are real risks even for a grounded aircraft). And during the affordable, modifications the lessor will need to register and insure the aircraft and, depending on the facts, the lessor may need to arrange for issuance of a new export CofA before delivery to the new lessee.
Regarding option C, it will be tempting to avoid option B by asking the returning lessee to perform the modifications, and in fact some lease agreements have a boilerplate provision dealing with lessor-requested maintenance and modifications at in the butterflies on minerva return. But please be careful. The returning lessee will almost certainly condition its performance of any modifications on such modifications not resulting in greek essay, a delay in redelivery, and the returning lessee will want an agreement from the lessor that if such modifications do result in a delay then the returning lessee will not be required to pay rent during such delay. That is a fair request from the returning lessee, but I can tell you from personal experience that the returning lessee will try to tie *any* delay in the redelivery to the performance of the modifications. For example, #8220;we couldn#8217;t finish the in the butterflies essay, required return check because of the on-going interior reconfiguration that you requested, and then when the reconfiguration was finally done we didn#8217;t have sufficient manpower to finish the check and so redelivery will be delayed for at least two weeks and we won#8217;t be paying rentoh, and the interior configuration means that we cannot get an export CofA without having the new configuration approved by our aviation authority and that approval will take several weeks (during which we won#8217;t be paying rent)unless of course you#8217;re willing to waive the requirement for an export CofA.#8221; Sometimes having the returning lessee do the work is the best option (it may be the only option), but the lessor#8217;s tech team needs to be heavily involved in the returning lessee#8217;s return planning and executionit#8217;s not just a matter of the lawyers getting the drafting right. And, of course, don#8217;t commit option C to the new lessee until you have a written agreement with the returning lessee in which the returning lessee agrees to perform the modifications. Finally, you#8217;ve probably noticed that I haven#8217;t mentioned which party bears the an essay on google, cost of these modifications. In The Essay! Clearly the returning lessee will not bear any costs.
As between the lessor and lessee, the burden of these costs is a matter for commercial negotiation, but note that option A is the only effective way for a lessor to cap its costs. Option A is capstone essay, also the best way to avoid over-promising on modifications. Wow, this post is already over 1,700 words and I#8217;ve only made it through one fundamental. In The Time Essay! To be continued in Part 2. Initial Reserve Credits When Leasing a Used Aircraft: Some Thoughts. In my posts this year I have been writing a lot about maintenance reserves. This focus is not misplaced. The maintenance reserve section is one of four aircraft lease sections where the lawyers on a deal can make a commercial differenceeither positively or negatively. The other lease sections are the maintenance sections, the delivery conditions and the return conditions. My work for the last year has been focused on reviewing lease agreements in connection with the purchase of leased aircraftand an unsurprising pattern has emerged in these reviews. I will have substantive comments throughout the lease documentation (default/remedy section, insurance section, general indemnity section, etc.), but when I finish the review and prepare a summary highlighting the most serious problems with the lease documentation, the list is heavily weighted with maintenance reserve and return condition issuesmainly because these are the issues that will have a material and inevitable financial impact on essay the lessor.
If there is a mistake in the general indemnity, insurance or the default/remedies section, it#8217;s highly unlikely such mistake will ever have any impact on the lessor. As a consequence, when my client discusses my comments with me and then with the seller of the aircraft, my client#8217;s focus is on of the on minerva these maintenance reserve and return condition issues. And if a purchase falls apart during the due diligence stage, it#8217;s very likely going to be because of either an unsatisfactory aircraft inspection or deficiencies in the maintenance reserve and return condition sections of the lease documentation. The deal is not going to fail because, for example, the an essay search, scope of the general indemnity isn#8217;t broad enough. With the above in mind, here are some thoughts on the maintenance reserve provision dealing with initial credits for reimbursable maintenance (aka #8220;lessor contributions#8221;). 1. Start Date. When a lessor is offering to lease a used aircraft to time of the essay on minerva, a lessee the lessor will generally offer to provide the lessee with credits that the lessee may use in michael crichton essays, connection with the first reserve reimbursable maintenance visit (major airframe check, engine performance restoration, etc.) during the lease term. The credits are generally calculated from the time of the last relevant maintenance event before delivery. One of the things that I look for when reviewing this lease provision is whether the lease documentation is clear about the start date for butterflies essay the calculation of the credit.
For the airframe and the landing gear, where the checks/overhauls are generally calendar driven and questions, the workscope well-defined, the of the essay on minerva, start date should be obvious from the aircraft#8217;s maintenance records. Figurative Essay Rubric! Similarly, for the engine LLPs, assuming the aircraft records and lease documentation accurately reflect cycles since new and have back-to-birth (including thrust usage) traceability, the time of the essay on minerva, start date and the credit calculation should be just a matter of math. But for the engines and APU, the timing of performance restorations is driven by operating condition and not by calendar time, hours or cycles, and the workscope for an essay on google search an engine restoration can be heavy or light. In The Time Of The! Consequently it is very common for a lessor and lessee to disagree about the start date for the initial credit on the engines and APUthat is, disagree on affordable writing the amount of the in the time on minerva, initial credit. A disagreement on the engine performance restoration start date can easily be a several hundred thousand dollar issue. Bibliography + Research! The best practice here is to agree either the start date or the in the time of the, amount of the affordable, initial credit during the lease negotiation.
If the start date is not clear from the lease documentation, then I will recommend to in the time of the essay on minerva, the buyer of the aircraft to michael, agree the time of the on minerva, start date in the lease novation documentation. Michael Crichton Essays! 2. In The Time Butterflies Essay On Minerva! The Method of Calculation. Once the start date is bibliography, agreed there are a couple ways to calculate the initial creditthe pro rata method and in the essay on minerva, the rate-times-hours/cycles/months method. Under the latter method, the calculation of the initial credit is the simply the applicable base year (unescalated) maintenance reserve rate multiplied by the number of affordable article services, hours, cycles or months (as applicable) since the last relevant maintenance event. In The Time Butterflies Essay On Minerva! Using the pro rata method the amount of the credit cannot be determined until the relevant maintenance event during the lease term.
At that time the full reimbursable cost for the visit is michael essays, allocated pro rata between the usage before the delivery date and the usage after the delivery date, with the lessor obligation to provide a credit for the usage before the delivery date. Time Of The! For example, if an engine performance restoration costs $4M, the #8220;start date#8221; was two years before the delivery date and the performance restoration was started two years after the delivery date, then the initial credit would be $2M. An Essay Search Engine! Lessors generally don#8217;t like the pro rata approach because (1) it shifts the risk early maintenance (especially respect to engines) on to the lessor (because the denominator in the pro rata calculation is smaller for early maintenance) and (2) it shifts part of the in the time of the essay, risk of the an essay, final cost of the maintenance on to the lessor (because the lessor#8217;s credit is not capped at the per hour/cycle/month rate, but instead is calculated using the in the essay on minerva, actual reimbursable cost of the maintenance event). The use of the pro rata method for engine performance restorations is especially risky for lessorsbecause an engine can come off wing early for condition reasons and because the cost of performance restorations is notoriously difficult to predict/control. To take an extreme example, if an engine is an essay on google engine, driven off wing for a performance restoration on the first day of the lease term, the pro rata approach would result in the lessor bearing 100% of the cost of the performance restoration.
As I have discussed in previous posts, a central tenet of aircraft leasing is that the lessor does not take operational/maintenance risk. The pro time of the butterflies rata approach, for the reasons outlined above, shifts operational/maintenance risk onto paper, the lessorand so should be avoided. Of The On Minerva! 3. Engine LLPs. The credit given for engine LLPs should be provided on a part-by-part basis, not as a pool that can be drawn for any one part. Like the pro rata approach discussed above, allowing the lessee to draw on a pool of credits for the replacement of any one part shifts the risk of early removal to the lessor. Also, the credit should be calculated based on cycles used since newnot since installation and not since (as I have seen) last engine performance restoration. 4. Other Considerations. The start date and the method of calculation are the michael essays, two big commercials issues in connection with the initial credit. Here are some further less controversial recommendations: (a) The initial credit provisions should apply only to the first reimbursable maintenance event during the lease term. (b) The initial credit should apply only to reimbursable maintenance events and only to the extent the maintenance event is reimbursable. (c) The obligation to pay the essay on minerva, credit should be conditioned on the same conditions as the reimbursement of reserves (e.g., no continuing lessee default). (d) The initial credit should be payable only to the extent the reserves are insufficient to cover the reimbursable cost of the maintenance event and article services, then only to time of the essay on minerva, the extent of the reimbursable cost of the maintenance event. (e) The base house/cycle/month rate for the initial credit should not escalate or adjust in any way. I know some you will be saying #8220;no duh, dude#8221; to (a) through (e) above, but it#8217;s common for a lease to be silent on affordable article writing one or more of these issues.
5. Novation. As discussed in a previous post, when acquiring a lease by novation or assignment, the novation/assignment agreement should have a provision in which the in the time essay, lessee confirms which credits have already been satisfied and, unless the lease documentation uses the pro rata method, the amount of the language essay rubric, remaining credits. Engine Thrust at Delivery and Return. Here#8217;s a common fact pattern in connection with the sale and leaseback of a used aircraft: An airline and a lessor will agree that the lessor will purchase one or more of the airline#8217;s aircraft and then lease those aircraft back to the lessee for an agreed term and at time butterflies on minerva an agreed rent. The lessor#8217;s obligation to purchase the aircraft will usually be subject to a pre-purchase inspection of the aircraft and to the aircraft being in capstone essay, the same condition (as at inspection) on the purchase date. Rarely will there be a full description of the aircraft in the purchase agreement; instead the lessor will rely on in the of the butterflies essay its inspection of the services, aircraft and on detailed return conditions in in the time butterflies essay on minerva, the leaseback documentation. I have discussed the general issue of aircraft descriptions in purchase agreements in this earlier post. As most of you know most (all?) aircraft jet engines may be operated at figurative language essay rubric different thrusts. Changing the thrust on an engine may require physical/software modifications to the engine (e.g., a derate plug), but a change will also require paperwork from the of the butterflies, engine manufacturer; and the paperwork from the manufacturer for an increase in thrust will generally require a large payment to the engine manufacturer (sometimes hundreds of an essay, thousands of dollars per engine). Instead of purchasing additional thrust, airlines may #8220;lease#8221; the thrust for an agreed period of time.
Most of you probably see where I#8217;m going here. If the lessor in a sale/leaseback transaction sends its inspector to look at, say, a 737-800 and in the butterflies, the inspector reports back that the installed engines are CFM56-7B26 engines (per the dataplate on each engine), the lessor knows that that the capstone essay, installed engines are certified to operate at 26,300 lbs. thrust (signified by the #8220;26#8221; in the #8220;7B26#8221;). But the first question from the lessor#8217;s tech and time of the, legal officers should be #8220;is that thrust rating owned and transferable by the airline or is it leased by the airline (and the engines will revert to a lower thrust rating at some point)?#8221; If the lessor fails to ask that question, it may be surprised to find at return of the aircraft at capstone essay lease end that the engines are returned as CFM56-7B24 engines (that is, with 24,000 lbs. thrust). At this point the time on minerva, tech and legal officers for the lessor will be scrambling to find something in the purchase or lease documents that would allow the lessor to insist on return of CFM56-7B26 engines. For example, the lessor may say #8220;look, the description of the services, engine in the purchase agreement says #8216;CFM56-7B26,'#8221; to which the airline will respond #8220;that#8217;s because they were CFM56-7B26 engines at delivery.#8221; Then the lessor will say #8220;look, the lease return conditions require the aircraft to be returned in the same configuration and in the time of the, with the same capabilities as delivery,#8221; to engine, which the in the essay, lessee will say #8220;#8216;configuration#8217; refers to an essay on google search engine, the seating configuration and butterflies essay, the aircraft is airworthy and so does have the same capabilities.#8221; Acrimony ensues. Affordable Article Writing Services! The lessons here are: The purchase agreement should be clear that the current thrust is owned and in the butterflies, transferable by the airline.
In addition, the lessor#8217;s tech officers should confirm such with the engine manufacturer directly. The lease agreement return conditions should be clear that at return the engines will have the expected thrust rating. The above also applies to new aircraft in affordable writing, sale/leaseback transactions. For example, an airline may have a deal with the engine manufacturer such that the installed engines will be delivered from the airframe manufacturer at time essay on minerva a higher thrust but such thrust will apply only for so long as the airline operates the bibliography paper, aircraft, after which a lower thrust rating would apply. As always, be careful out there.
Replacement of Parts and Part Pooling. In a perfect world for an aircraft lessor the following rules would apply to each part on a leased aircraft: Rule 1. No part should be removed from the aircraft except as required for maintenance of the aircraft and/or the part. Rule 2. Time Essay On Minerva! While removed the part should be safely stored and/or repaired/refurbished. Rule 3. No part on the aircraft should be replaced other than because of damage, failure, loss or expiry of that part. Rule 4. Figurative Rubric! If a part is to be replaced because of damage, failure, loss or expiry, the part should be promptly replaced with a part of the in the time of the essay on minerva, same manufacturer and model (or a more advanced and compatible model), and upon installation title to michael, the replacement part should vest in lessor free and clear of any liens. I can hear a number of you saying #8220;uh huh, yeah, that#8217;s right, what#8217;s your point?#8221; My point is that very few aircraft lease agreements actually contain the first three rules. Don#8217;t believe me?
Pick up any random lease and check. Right now I am picking up a lease at random (I really am) and I see the following standard Replacement of Parts clause: LESSEE, at its own cost and expense, will promptly replace all Parts which may from time to of the butterflies essay, time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or rendered unfit or beyond economical repair for affordable writing use for any reason. In the essay, ordinary course of maintenance, service, repair, Overhaul or testing, LESSEE may remove any Part provided that LESSEE replaces such Part as promptly as practicable. The wording in this lease agreement goes on to specify the requirements for the replacement part (Rule 4 above) and to address title transfer issues (also Rule 4 above) and the required timing for replacement (again, Rule 4 above).
But what about the first three rules? They are not contained in the above quoted language (read it again). Note especially that in the second sentence it does not say #8220; Only in ordinary course of maintenance . Figurative Essay Rubric! . In The Butterflies! . #8221; or #8220;maintenance, service, repair, Overhaul or testing of the greek essay, Aircraft .#8221; You may be able to find the in the of the butterflies on minerva, first three rules partly covered in myth essay, other parts of the lease agreement. In The Time Of The On Minerva! For example, the lease agreement Possession section may have a provision prohibiting delivering possession of any part to a third party (though the prohibition in that section is often limited to michael crichton, the aircraft and butterflies on minerva, engines). The Maintenance section will likely have a clause on repair. But I bet you didn#8217;t find the first three rules in the Replacement of Parts section.
So, what are the consequences of a lease agreement not containing the first three rules. + Research Paper! Well, the most material and time on minerva, (highly) likely consequence is that parts will be removed from the lessor#8217;s aircraft for use on other aircraft in the lessee#8217;s fleet, with the only requirement usually being that the removed part be replaced with a compliant part #8220;as soon as practical but in any case prior to the last day of the Lease Term#8221;and that the lessor will not be able to prohibit the use of its parts on other aircraft. Another possible consequence, theoretically at michael essays least, is that good parts can also be swapped out for inferior partsthough most leases have a requirement that the replacement part have a value and utility at least equal to time of the on minerva, the replaced part. Greek Myth Essay Questions! Let me jump to another issue here and then I#8217;ll come back the issues raised above. Often during lease negotiations the lessee will say #8220;we need the right to do part pooling,#8221; and when I#8217;m reviewing leases I sometimes run across a #8220;Part Pooling#8221; section in in the time of the essay, which the lessor gives the lessee broad rights to pool #8220;Parts#8221; from the an essay on google search engine, aircraft with other airlines pursuant to an inter-airline pooling arrangement. When I see such a part pooling section I wonder how can the lessee engage in inter-airline part pooling and still comply with its separate obligation to replace removed parts #8220;as soon as practical,#8221; vesting title to time of the essay on minerva, the replacement part in the lessor. The two provisions are in conflict. When pooling comes up in my lease negotiations, my first response is to ask the lessee#8217;s representative what he/she means by #8220;parts pooling.#8221; Invariably the response is something like #8220;if we need a part from your aircraft to keep another aircraft in figurative rubric, our fleet in operation then we will want the right to remove the part from in the of the butterflies essay on minerva your aircraft.#8221; Anyone who has been in questions, the aircraft leasing business for more than a few deals knows that this sort of part sharing among aircraft is in the of the, common. Lessors don#8217;t like it, but it#8217;s going to happen and it#8217;s unlikely the lessor will ever find out. I don#8217;t think I have ever heard the following response from bibliography paper a lessee: #8220;we want the ability to in the time on minerva, share your aircraft#8217;s parts with other airlines as part of an capstone essay inter-airline pooling arrangement without any obligation on our part to replace them before return of the aircraft to you.#8221; I can see a very creditworthy airline taking that position, but unfortunately (for me) those are the kind of airlines I don#8217;t usually deal with. In The Time Of The Essay On Minerva! My experience is that a request to #8220;pool parts#8221; is a pretty narrow request to use parts from a lessor#8217;s aircraft in an #8220;emergency.#8221; And if that is the case and paper, the lessor is willing accommodate the lessee on this request, then the #8220;part pooling#8221; provision should be narrowly drafted.
I sometimes wonder whether the loose drafting around the removal and replacement of parts (as discussed above) is the result of lessees trying to leave open the possibility of removing parts from the leased aircraft for use on other aircraft in its fleet. In The Time Essay! If so, I guess that is OK, but as a lessor#8217;s counsel I would strongly prefer that the four rules above are clearly stated and that any exception for #8220;emergency#8221; use of parts on other aircraft is clearly and narrowly drafted. Miscellaneous Thoughts on the Miscellaneous Section. When I was a young associate at a law firm and just starting to learn how to search, draft documents, I worked for a partner who had a unique approach to reviewing my work. After I handed him my draft (this was post-computer (barely) but way before email) he would weigh my draft in his open palm and invariably say #8220;feels light.#8221; When he handed back his handwritten markup, his comments were almost always spot on, but I noticed that the most marked up section of every draft was the essay on minerva, Miscellaneous section. I wasn#8217;t the only associate to observe this pattern and it became of the subject of some humor: #8220;your draft is malpractice per se, except for the Miscellaneous section, which is brilliant.#8221; And, to this day, when I get to the Miscellaneous section of a draft (whether I#8217;m drafting or reviewing) I force myself to slow down and apply some of the things I learned, like the following: 1. Bibliography Paper! Redundancy. Probably more so than any other section of a contract, lawyers draft the in the essay, Miscellaneous section by a cut and paste from another contract, sometimes cutting and figurative language essay rubric, pasting from multiple contracts. And of course this leads to of the butterflies essay, a Miscellaneous section that has both a #8220;Severability#8221; clause and an #8220;Invalidity #8221; clause, both of which of course say exactly the same thing. On Google Search Engine! Another common redundancy: a #8220;No Amendments#8221; section and a #8220;Variation#8221; section.
Simple lesson here: the lawyer needs to read the in the of the essay on minerva, operative provision, not just the heading. In fact most Miscellaneous sections have a section that says just thatit#8217;s called #8220;Headings#8221; and it#8217;s often redundant with a clause in the Interpretation section of the same contract that says the same thing. 2. Essays! Lack of of the essay, consistency. There are a few sub-issues here: (a) The most common mistake resulting from #8220;cut and paste drafting#8221; is a mismatch between parties and defined terms with the rest of the document. But there are also often substantive mismatchese.g., Miscellaneous provisions addressing payment matters (e.g., default rate or payment date convention) that are already covered elsewhere in the contract). Another simple lesson here: just be careful and review the an essay search engine, Miscellaneous section with the same care as the rest of the document. (b) Most large commercial transactions involve multiple documentse.g., a loan agreement and associated security agreement. Each of the in the time of the essay on minerva, documents in a transaction should have matching Miscellaneous sections. Better yet, the main document should have a Miscellaneous section that expressly applies to all #8220;Related Documents#8221; or #8220;Operative Documents#8221; or whatever term you like for the transaction documents; this approach not only ensures consistency but cuts down on the length of the ancillary documents (and I#8217;m amazed how few people do this). Rule of thumb: If in a document (or set of an essay on google engine, documents) you say the same thing twice but in different ways you should assume the on minerva, other side is bibliography + research, going to in the time of the butterflies, find some way to use that against you. If you must say something twice, use the same words. (c) For most commercial attorneys there is affordable article writing, really no excuse for not having your own boilerplate Miscellaneous section stored in a Word document. In The Of The! If you#8217;re the drafter, it’s a simple cut and myth essay, paste from the in the of the essay, boilerplate; if you#8217;re the reviewer the language essay rubric, boilerplate serves as a handy checklist and source for drafting comments.
Just make sure that in in the time butterflies, your boilerplate you bracket/highlight the names of parties and defined terms so that these can be quickly updated after a paste. 3. Engine! Lack of Proportionality. Butterflies Essay On Minerva! The number of provisions and the detail in the drafting of the Miscellaneous section should be proportional to the complexity and importance of the contract. If you#8217;re drafting a one section letter agreement with a short performance period, you don#8217;t need three pages of Miscellaneous provisions. In these cases I suggest a one-sentence Miscellaneous section covering governing law, counterparts and no amendments (and maybe jurisdiction and maybe entire agreement) in a shorthand way. For more complex agreements, a full Miscellaneous section is advisable. What is a full Miscellaneous section? Below is my list. Note that I have not included governing law/jurisdiction/process agent/etc. because these provisions should be included in a standalone and clearly named section. Capstone Essay! Also I don#8217;t include general payment provisions (e.g., application of payments) or default remedies (e.g., set-off right) because these are generally covered elsewhere in time butterflies, an agreement.
The Miscellaneous section should be limited to provisions that don#8217;t fit neatly in other sections of the contract. No Implied Waivers. No Amendments Except in Writing. [Chattel Paperwhere relevant] [No Partnership/No Agentwhere relevant] Headings [if not contained in the #8220;Construction#8221; section] Time of Essence. [Lessor] Determinations Binding Absent Manifest Error. Third Party Rights. Delegation by [Lessor] (to [Servicer]) Periodic Estoppel Certificate Required. Bibliography + Research! I hope the above is helpful. In The Of The Butterflies Essay! I know you are not going to wow a client with your drafting of the Miscellaneous sectionin fact it#8217;s probably in your best interest never to mention the Miscellaneous section to a clientbut you can take pride in a job well done. And I know one law firm partner who would appreciate your effort. Crichton! Maintenance Reserves for LLPs: Some Random Thoughts. I have been reviewing a lot of leases recently, and among the various lessors and time essay on minerva, forms of leases I am seeing that there is almost always a drafting or conceptual issue with the engine LLP reserve provisions.
This post will discuss a few of those issues. Michael! Some of the time on minerva, issues below are also touched upon in + research paper, less detail in a previous post. Of The! Several years ago a very sharp lessor tech officer pointed out writing, that the lease agreement we were negotiating should have an adjustment to the LLP reserve reimbursement amount where the in the time of the butterflies on minerva, replacement LLP (for which reimbursement is figurative language rubric, being sought) is a used LLP. The use of in the of the butterflies essay on minerva, used LLPs by airlines and MROs is not uncommon, and the tech officer#8217;s view was that the lessee should not be able to draw, without limit , from reserves or any lessor contributions (for utilization prior to the delivery date) for the cost of a used LLP. For example, why should a lessee be allowed to draw reserves, without limit , for capstone essay the cost of a used LLP where the replacement LLP has less cycles remaining than the replaced LLP had at removal (e.g., in a replacement required because of FOD or failure)? Similarly, why should a lessee be allowed to draw lessor contributions, without limit , for the cost of a used LLP where the in the of the, replacement LLP has less cycles remaining than the replaced LLP had on essays the delivery date ? Underlying these questions is the (correct and accepted) premise that a lessor should at all times have LLP reserves for an LLP that reflect the essay on minerva, utilization of that LLP since new. The tech officer and I came up with some unfortunately complicated drafting adjusting the LLP reserve reimbursement amount in bibliography, the above scenarios.
I say #8220;unfortunately#8221; because I value simplicity in in the time on minerva, draftingeasier to negotiate, easier to administer, easier to an essay engine, enforce. Since developing this adjustment drafting I have spent a lot of time explaining why it is necessary and how it works. In the in the time of the, numerous leases I have reviewed recently not one has made a distinction between used LLPs and new LLPs in michael, the reserve reimbursement section, and time of the butterflies essay, I so started to wonder whether maybe I was missing something. Why didn#8217;t these other lessors care about the michael, used LLP issue? In re-thinking through the issues I asked another very sharp tech officer how used LLPs are priced.
He told me that used LLPs are generally priced pro rata (straight line) to the price of of the essay on minerva, a new partso an LLP with 75% life remaining would cost 75% of the catalog price of such part. If we assume that used LLPs are always priced on michael crichton a straight-line pro rata basis and if the working assumption for in the of the butterflies drafting is myth, that the reserve balance and any lessor contribution amount for any LLP reflects all prior utilization for in the of the essay such LLP at catalog price, then the an essay on google engine, use of used parts should not be an issue. In other words, any LLP reserve reimbursement should deplete the reserves and lessor contribution only to the extent of life remaining on the replacement part. For example, if a part with 10% life remaining (and for which lessor holds reserves and lessor contributions equal to 90% of the cost of such part) is replaced by a part with 75% remaining (with a cost of 75% of catalog price), then after lessor#8217;s reimbursement (65% of catalog price after netting any waste expense on the replaced partsee more on waste expense below) the in the of the on minerva, lessor should have the benefit of an LLP with 75% life remaining and on google, 25% in reserves/lessor contributions. Let#8217;s try a more detailed example. An aircraft is delivered used to the lessee.
One of the LLPs on one of the in the essay on minerva, engines has 60% life remaining at delivery to lessee and the lessor has provided to lessee a lessor contribution equal to essay questions, 40% of the catalog price for such part. Lessee pays reserves on such LLP during the term and at the time of removal of such LLP for in the of the butterflies essay replacement, 20% life remains on such part; in bibliography + research, other words, lessee has paid 40% of catalog price in reserves. In The Time! The replacement LLP has 30% life remaining (30% less life remaining than at delivery) and 10% less than the lessor contribution. Bibliography + Research Paper! Lessor#8217;s reimbursement would be 10% of catalog price after netting any waste expense on the replaced part) and the lessor should have the benefit of an LLP with 30% life remaining and 70% in reserves/lessor contributions. The key to making these examples work is the assumption that the time butterflies essay, used LLP is priced on a straight line basis. Paper! And so the conclusion I am drawing from the above thinking is that I can scrap the complicated drafting language I have been using and replace it with something along the lines of the following: #8220;If the replacement LLP is used then Lessor#8217;s reimbursement obligation will be equal to the lesser of (1) the actual cost of such LLP and (2) the product of (a) the catalog price of such part divided by its cycle life and in the essay on minerva, (b) the number of figurative essay, cycles remaining on such part, in either case, less waste expense.#8221; Reimbursement on a Part-by-Part Basis vs. from the LLP Reserve Pool. I have discussed this issue in another post and so won#8217;t repeat myself here.
In the leases I have reviewed recently I have seen both approaches taken and also saw a hybrid where the in the butterflies essay, pool approach was used for writing services the LLP reserves and a part-by-part approach was used for the LLP lessor contribution (I didn#8217;t understand the reason behind that split). My view is that the part-by-part approach is the time butterflies on minerva, logical and correct approach because the myth questions, pool approach shifts operational risk on the LLPs to the lessor. For a discussion of time essay, this issue see this previous post. Salvage Value, Waste Expense and Stub Life. LLPS are very rarely removed with no life remaining. Engine shop visits are time-consuming and expensive, and so an operator will always have a timing strategy for LLP replacement. For example, if an engine is myth, going into the shop for a performance restoration and after the in the time on minerva, performance restoration the engine will be expected to run without another shop visit for 7,000 cycles, then the operator will generally replace all LLPs on the engine with life remaining of less than 7,000 cycles.
The lease agreement for an aircraft will also usually have an LLP #8220;build standard#8221; for a performance restoration and separately an engine LLP cycle-remaining return condition, both of which requirements will affect the timing of LLP replacement during a lease term. The question for the lessor is how to account for the #8220;early removal#8221; of time of the butterflies on minerva, LLPs when collecting and reimbursing reserves. Some lessors will build the lost cycle life into the reserve rate using a #8220;stub life#8221; assumptionwith the effect that the per michael crichton, cycle reserve rate for time of the on minerva an LLP is higher than the per cycle catalog price for such LLP. Some lessors will net from the reserve reimbursement an figurative essay rubric amount based on of the butterflies essay on minerva the cycle-life remaining on the removed part. Some lessors will net from the reserve reimbursement the market salvage value (if any) of the removed part, usually in capstone essay, connection with using the stub life approach. I think the most direct, transparent and easiest-to-explain approach is to time on minerva, base the reserve rate on catalog prices (without adjustment) and essay, then deduct from the reimbursement an amount equal to the product of (1) the per cycle then catalog price of the replaced LLP and (2) the number of cycles remaining on the replaced LLP.
This approach removes the guesswork of butterflies, stub life and salvage value, with the calculation of LLP reserve rate and reimbursement tied directly to catalog prices. LLP ReplacementScope of Reimbursement. LLP reserve reimbursement is for the purchase price of the part, not for bibliography paper repair, installation or any other labor or any other cost. This preceding sentence isn#8217;t debatable, it#8217;s not an #8220;issue#8221;; it#8217;s the in the time of the butterflies on minerva, commercial basis of the deal. But from time to time I see a negotiated lease agreement stray from the deal. If the lessee wants anything other than LLP price in the reimbursement, then the LLP rate needs to go up. I#8217;m just going to michael crichton essays, touch on this last issue, because it is butterflies essay on minerva, a big topic. The above discussion refers in various places to + research paper, the cycle life of a part as if cycle life were static and unambiguous.
But this not the case. For example: Engine manufacturers sometimes extend the cycle life of a part already in service for example, because operational experience has shown that the part will last longer. Engine manufacturers may assign different LLP cycle lives to different operators based on each operator#8217;s profile (geographic location, routes, etc.). Engine manufacturer#8217;s may guarantee a longer life of an LLP than the current cycle life (because the engine manufacturer expects the cycle life will be extended before the current cycle life is used). LLP cycle life may be adjusted if an engine is operated at different thrusts. For the of the essay on minerva, lawyer drafting the LLP reserve provisions in affordable writing services, a lease agreement, all of the time butterflies essay on minerva, above should be considered while drafting. I#8217;ll try to come back at a later date for a full discussion of this last issue.
In the meantime, caveat advocatus.
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In The Time Of The Butterflies Essay
Essay: Should Petaling Street be a World Heritage site? ‘Heritage elaborate on its quality as a thing which are passed on to the in the of the butterflies, future generation’ ‘ Ian Russell, 2007. Therefore, precise conservation is important in maintaining the heritage value of that particular area to make sure the essays, future generation able to understand the past not only by books or images. A good conservation will bring lots of advantages to in the time on minerva that area. This study report will cover up why is language rubric Petaling Street a place which is full of unique shop houses are not listed in the UNESCO World Heritage List. Report is time of the butterflies on minerva done by analysing the criteria of listing. Bibliography + Research Paper. Comparison of two towns listed in UNESCO World Heritage list (Georgetown and Melaka) are done as part of the analysis. Of The Essay. Moreover, the current issue that caused failure is also part of the studies. 1.1 Introduction to UNESCO World Heritage. The United Nations Educational, Scientific and Cultural Organization (UNESCO) was found in 16th November 1945 in Paris, France.
The Objective of the language, organization is to contribute to peace and security in the world by promoting collaboration among nations. Over the in the of the essay on minerva, years, 981 properties are listed down in the UNESCO World Heritage Lists including natural heritage, cultural heritage or mixed at once. Properties that are listed acquire benefit such as the increase of media and tourist interest which able to increase the economy of the place (for more information refer to appendix 1). In 2008, Melaka and an essay on google engine, George Town Malaysia had been listed in the UNESCO World Heritage List under cultural heritage. In The Time. Both of the places had fulfilled 3/10 criteria listed by questions, UNESCO, which had include Criteria II, III and IV (for more information refer to appendix 1). 1.2 Introduction to Petaling Street. The Chinatown in Kuala Lumpur, also known as the Petaling Street is one of the tourist favourite spot which is popular for bargaining a lower price in shopping on pirate products and time butterflies essay, the local food. Capstone Essay. Referring Khairie (2013), the area was first started up by Raja Abdullah who had brought many Chinese labours from Lukut, Negeri Sembilan for tin mining.
“Petaling Street Green Dragon” by in the time essay, Goosmurft – http://flickr.com/photos/goosmurf/2138087930/sizes/l/. Licensed under CC BY-SA 2.0 via Commons. During that time, area along Petaling Street, Jalan Sultan and Jalan Tun HS Lee are concentrated by Chinese who do trading and tin mining, and slowly it is named as the Chinatown. Essays. When tin mining activity was affected by the Civil War 1870 the Chinese third captain, Yap Ah Loy had changed this area from tin mining into agricultural. Time Butterflies Essay. Only then, Petaling Street is called as ‘Chee Cheong Kai’ with a meaning of an essay on google search engine Starch Factory Street. Shop houses were built as residential and time of the butterflies on minerva, business.
Those days business was managed by Chinese but now foreign workers were hired. In 2003, a green roof – the green dragon with two Chinese styled arches are added in both end of the an essay on google search engine, street and so it had made Petaling Street a roofed pedestrian (Figure 2). The activities here started from early morning till late midnight. An observation was carried out in Petaling Street on 17th Dec 2013 on the type of activities and also human density from time to time. Result as per shown in in the of the essay on minerva, Table 1. 2.0 The loss of human values. The first criteria that Melaka and Georgetown had manage to full fill the UNESCO World Heritage is ‘to exhibit an important interchange of human values, over language rubric a span of time or within a cultural area of the world, on of the butterflies essay developments in architecture or technology, monumental arts, town-planning or landscape design’ (refer to + research appendix 1) which bring a definition that the in the time of the butterflies on minerva, particular area able to shows the multi-cultural human values of all the races living together, accepting the culture and figurative essay, life style of each other. Jalan Masjid Kapitan Keling, Georgetown Penang which is also known as Pitt Street is one of the examples showing multi-cultural lifestyle of butterflies essay on minerva Malaysians. Muslim’s mosque, Hindu’s temple, Buddhist’s temple and also Christian’s Church found in the same street (Figure 4), this had indirectly show mixed up the culture at the area and managed to show to the interchange of human values. Although, Malaysia are made up of multi races, but looking into the history of Kuala Lumpur (referring back to language rubric introduction), Petaling Street had gather up most of the Chinese in in the butterflies on minerva, the past and michael essays, the culture was remained, there are no interaction or culture exchange between the other races such as Malay or Indian, this had brought Petaling Street both advantages and time, disadvantages. One of the search, disadvantages is, it had against the criteria ii (refer to appendix 1) of UNESCO World Heritage listing criteria.
In additional, the young generations who rather work for others based on their own interest than taking over the traditional business from the old had gave a chance to the foreign workers. These workers are mainly made up from Bangladesh, Vietnamese and time, Nepalese which some of them works without permits (Vlah1, 2013). The massive hiring of legal or illegal foreign workers had reduced the number of Chinese (not include visitors) and also pulled Petaling Street seems like a Bangladesh Street or a Nepalese Street which indirectly shows the loss in originality of human and cultural values at this area. An observation was carried out on 26th February 2014 (Wednesday) on greek myth essay the numbers of foreign workers in different stall. The pie chart below, showing the time of the on minerva, result of observation which had proof foreign workers are widely used in this area. If the greek essay, use of in the time of the butterflies foreign workers keeps increasing, Petaling Street might face the challenges of figurative language rubric status change from a Chinatown to a foreigner town. Furthermore, the business set up along the street selling pirate goods such as handbags, sunglasses, wallets, watches and clothes of different brand had also show the loss of human values at in the of the on minerva Petaling Street. Capstone Essay. This had reflected that human no longer care the condition of the place, not look for cheap stuffs. Moreover, seller tends to butterflies on minerva follow the greek essay questions, consumers demand replacing the traditional trades into in the time essay on minerva pirate products for a better interest.
Other than selling pirate goods, prostitution is another type of business found in Petaling Street. There are two type of prostitution found in paper, this area which includes street prostitution and also brothels (upon observations and online photos). Referring to a report by The Star Online, 2007 the customers are mainly made up of foreigners and butterflies on minerva, prostitutes are locals (for more information refers to michael crichton essays appendix 2). Although most of it can only be found at the back alley of Petaling Street and in front of certain motels, but still it shows the loss of time essay human morality. In additional, prostitution not only lowers down the michael essays, human value but also guidance towards the of the essay on minerva, crime or the abuse of drugs. Over the years, the early Chinese cultures of Petaling Street were swept away by the new generations and greek myth questions, activities. Essay On Minerva. Old shop houses doing traditional business with residential at the back of the shops are slowly turning into article services hotels or leaved empty. The human and culture values in these area are slowly disappearing upon the growth of the city. 3.0 Modernization a catalyst of vanishing cultural tradition.
Referring to appendix 1 the second criteria that both Georgetown and Melaka had able to achieve is criteria iii which is defined as ‘to bear a unique or at in the time of the essay on minerva least exceptional testimony to a cultural tradition or to a civilization which is living or which has disappeared’. Greek Questions. The selected sites are able to time of the butterflies essay conserve at least the unique cultural tradition of the area. In Georgetown, Penang and Jonker Street, Melaka had exhibited a good testimonial on traditional living and cultural. Many of the traditional businesses are remain and handled by the new generations. The condition of the capstone essay, shop appearance or the machines used might be old, but the operations of the shops are still in good conditions e.g. a small stationary shop in Lorong Bukit Cina, Melaka (Figure 10). A short interview was carried out on in the time 24th Dec 2013 with the owner, according to him of this business are left over by his father.
Photocopy machines used are old yet still functioning. Even though it is not any unique traditional business, but it is continuity from past generation. Traditional business also can be found in Georgetown such as traditional carved chop maker Figure 11 ab). Michael Crichton Essays. Comparing to Petaling Street culture of passing businesses from generation to generation is vanishing. As mention in the previous chapter, the massive use of foreign workers had indirectly catalyzing the vanishing of the time essay, tradition. In additional, cultural traditions are also expressed in the languages, workmanship, religious festival, customs, foods and also daily life. During the Chinese New Year, all the three study area (Petaling Street, Melaka and Georgetown) are decorated by red Chinese lantern or more known as ‘tanglung’ in Malay, red cloths, colourful lighting or etc. Capstone Essay. However, upon observation decorations placed in Petaling Street (Figure 12) are only of the butterflies on minerva decorations got aesthetic purposes but decorations in Melaka and Georgetown (Figure 13) are celebrations. Thni Kong Seh celebration (Figure 14) which is on the ninth day of the Chinese New Year which celebrate the Jade Emperor Birthday is another unique celebration found in Georgetown (for more information of the celebration refers to appendix 3). Modernization is the capstone essay, main factor of in the time on minerva elimination of traditional culture of capstone essay Petaling Street.
The location of Petaling Street in the centre of the cities of of the essay had indirectly guiding it to look forward modernization. According to Wan Hashimah (2005), economic is the factor of crichton modernization, which indirectly means that the butterflies on minerva, old buildings are the capstone essay, prevention of better country economy. On the same article, Wan Hashimah also mentioned that the historical building may also change the identity by small renovation or modification by the owner which supported by Jokilehto (1999) argues as cited in Wan Hashimah (2005) that a building can also be modified due to changes in function or due to changes in taste or fashion. In The Butterflies Essay. For example in Petaling Street (Figure 15 Figure 16), some shop house had changed it identity into paper hotel, which no longer using the old architecture style or not following the Conservation Guideline provided by Kuala Lumpur City Hall (DBKL) (for more information refer to appendix 4). The changes of the in the time of the essay, building function had indirectly affected the cultural tradition at myth essay questions the place. Furthermore, modifications of the in the butterflies, building are also due to the old architecture of shop houses do not full fill the requirement of Uniform Building by Law (UBBL) in term of fire escape, services and also sanitation (Suhana, 2002 in Wan Hashimah, 2005).
According to UBBL in Part VII (fire requirement) Unit 168. staircases it mention that for every upper floor shall have means of exit at least two separate staircase. The traditional shop house does not provide two separate staircase and do not provide any fire resistance door. Modernization in the way of modification and renovation had changed the identity of the original function of the shop house had brought advantages where more it attract more tourist at the same time enhancing the economy of the country but losses the testimony of cultural tradition in Petaling Street. 4.0 Current architecture condition. Criteria IV ‘to be outstanding example of myth a type of building, architectural or technological ensemble or landscape this illustrates (a) significant stages(s) in human history’ is the third criteria that Georgetown and Melaka had fulfilled in the UNESCO World Heritage listing criteria of selection (refer to appendix 1). According to the UNESCO World Heritage website, this criterion shows of influences which have created a unique architecture, culture and townscape without parallel anywhere in East and South Asia. The multi type of shop houses are one of the significant architecture that can be found in Malaysia. According to Penny.G (1990) in her Malaysian Architectural Heritage handbook, she mentioned that the culture of time butterflies essay shop houses only reaches Kuala Lumpur during the article, 1884 which is after the of the essay on minerva, civil war (refer back to figurative essay rubric history of Petaling Street in in the of the butterflies, Chapter 1.0). The function of shop house was identified by its name, referring to the same book the michael crichton essays, shop house was a benefiting the early traders.
A living space above and a shop with storage at the ground allow them to in the essay on minerva maintain their business as well as looking after their family. As cited in Wan Hashimah, 2005 the bibliography + research, combination of living and retail had created a lively and vibrant urban setting that typified a living city. Referring to in the essay Penny.G (1990) the design and the layout of the shop house (Figure 17) are suitable for the tropical climate as in Malaysia. Important features such as air well, high ceilings, overlapping roof, pitch roofs and etc. helps to minimize the discomfort in that architecture. For examples, the air well which usually placed at the centre of the building allows light, natural ventilations and also collecting or disposing rainwater. The five-foot-way or more known as Kaki Lima (Figure 18) in Malay is another special feature that can be found in the Malaysia shop house.
According to Wan Hashimah (2005), there is similar type of crichton architecture found in England, however it have no five-foot-way. This element had protected the main entrance from time of the sun and also rain. Even though, the uniqueness of shop houses seems to be full filling the criteria IV, but the main problems is the + research paper, unmaintained building and also the change of facade. Although there are conservation guideline by DBKL but the in the time on minerva, owner do not follow the instruction. In additional, defect such as fading of paint, mosses or small plants growing on the building, erosion of mortar joint, cracking of wall, broken roof, broken window, vandalism and etc. All of the defects had stretched the architecture to a lower grade of shop house. According to the conservation guideline by DBKL under facade treatment (pengekalan fasad) height of the building, verandahs, windows and etc. Myth Essay. should be maintained (for more information refers to appendix 4). Units of shop houses in Petaling Street especially hotels are totally ignoring this guideline by DBKL (Figure 20). In additional, the uses of unsympathetic material such as metal are widely used as the window frames and also glass window are used (Figure 21). Moreover, the set back of front facade of new renovate building had caused the different level of time on minerva facade which had directly against the guideline and + research paper, affecting the aesthetic of the historical row of shop houses. The high humidity and copious rainfall climate in Malaysia had caused the fast grow of mosses on the wall and in the of the essay, peeling or fading of paint.
The low maintenance of the building had let the mosses to continue growing forming a ‘green wall’ (Figure 22). The growth of mosses also caused the wall look dirty and uncomfortable. Furthermore, there are also empty lots or lot that is in a broken condition had also destroyed the michael essays, aesthetic view of the street (Figure 23). The permanent built store in front the in the time of the essay, shop houses had directly covered up the facade view. Comparing Jonker Street in Melaka stall are moveable and are keep nicely after business hours, this had manage to maintain the facade view of the shop houses. In additional, outdoor aircond unit which are installed at affordable article the front of the building had destroy the beauty of a traditional facade (Figure 24).
This situation can be worst when condensed water is not well treat, it stained on the wall with grow or mosses (Figure 25). Upon completion of studies it had discovered that Petaling Street was not able to time of the butterflies be listed in UNESCO World Heritage List are mainly caused by modernization, legislation and also selfishness of owner. The location of Petaling Street in the centre of the city had brought advantages and + research paper, also disadvantages towards the effort of in the time conservation. Modernization happened not only at this area but also the surrounding; it does not show good integration of old and new architecture and indirectly affecting the heritage value and the townscape. Moreover, legislation is also one reason that had control conservation work to take place in Petaling Street.
For example, the Control of Rent Act 1996 does not encourage and an essay on google search, has stopped the owner of the shop from maintaining the condition of the building. Over the years, the increase of butterflies essay on minerva local and language, foreigner tourist had given a chance to the owner of the time of the butterflies, shop house to convert the existing shop into hotels. Therefore, Petaling Street had a very low chance to be listed in UNESCO World Heritage list as it does not full fill any of the criteria. The large amount but not well maintained shop houses in Petaling Street do not give any advantages full fill the Criteria IV in the list. Although, chances to be list into are low, but the awareness in conservation on heritage are still important as it is the only way to make sure our heritage in term of architecture or cultural to capstone essay inherited by new generation and not face extinction. Search our thousands of essays: If this essay isn't quite what you're looking for, why not order your own custom Geography essay, dissertation or piece of coursework that answers your exact question?
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