flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that a motion for new trial has been presented is not enough to show presentment, as the purpose of presentment is to put the trial court on actual notice that the defendant desires the trial court to take some action such as rule or conduct a hearing on the motion for new trial. See, e.g., Stokes, 277 S.W.3d at 21; Bearnth v. State, 361 S.W.3d 135, 145 (Tex.App.Houston [1st Dist.] 2011, pet. ref'd) (“We cannot conclude that the presentment requirement was satisfied where the record shows only defense counsel’s statement that the motion had been presented, but does not indicate that counsel in fact communicated the request for a hearing in a timely manner to a person capable of acting on it.”); Longoria v. State, 154 S.W.3d 747, 762 (Tex.App.-Houston [14th Dist.] 2004, pet. ref'd) (<HOLDING>). Thus, the certificate of presentment signed Options: A. holding a statement in the motion for new trial entitled certificate of presentment in which appellate counsel stated the motion was handdelivered to the trial court insufficient to establish presentment B. holding that certificate of presentment and docket entry noting filing of motion were insufficient evidence of presentment C. holding a certification of service and presentment was insufficient to establish the trial court received actual notice of the defendants motion for new trial D. holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing E. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed

assistant: The best answer is E. holding trial court did not abuse discretion in denying motion for new trial by operation of law because motion was not properly presented even though a notice of presentment was filed and the docket sheet contained an entry for the motion having been filed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the proposition that “a plaintiff is not required to produce evidence of emotional distress beyond his own testimony.” King, 452 F.Supp.2d at 1281. Two other courts faced with the same question since Moore was decided, however, have come out the other way and required more than an FCRA plaintiffs own testimony to support a claim for emotional distress damages. See Sampson v. Equifax Info. Servs., LLC, No. CV204-187, 2005 WL 2095092, at *5 (S.D.Ga. Aug. 29, 2005) (collecting cases and concluding that an FCRA plaintiff “must produce some form of independent, corroborating evidence of her humiliation and embarrassment at trial to recover compensatory damages for emotional distress”); Jordan v. Trans Union LLC, No. 1:05 CV 305 GET, 2006 WL 1663324, at *7-8 (N.D.Ga. June 12, 2006) (<HOLDING>). In addition, Moore provides dubious support Options: A. holding that plaintiffs proof that she became depressed and was prescribed depression medication by her family physician was insufficient to support claim and stating evidence that randolph is very depressed and very upset is insufficient to sustain damages for mental anguish B. holding that adverse inference alone insufficient to support a motion for summary judgment C. holding the trial court did not err by instructing the jury that the plaintiff could be awarded damages for anxiety mental anguish and loss of consortium for a violation of the kentucky act D. holding that a complaints bare assertions alone were insufficient for certification E. holding in a case arising under the fcra that the remainder of plaintiffs complaints such as feeling frustrated and degraded are insufficient standing alone to support damages for mental anguish

assistant: The best answer is E. holding in a case arising under the fcra that the remainder of plaintiffs complaints such as feeling frustrated and degraded are insufficient standing alone to support damages for mental anguish
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of CBS’s. As the district court recognized, one company’s minority ownership interest in another company is not sufficient by itself to make the owner a competitor, for purposes of the antitrust laws, of the subsidiary’s rivals. To be a competitor at the level of the subsidiary, the parent must have substantial control over the affairs and policies of the subsidiary. See, e.g., Kennecott Copper Corp. v. Curtiss-Wright Corp., 584 F.2d 1195, 1205 (2d. Cir.1978) (finding no violation of § 8 of Clayton Act where interlocked parent corporations had competing subsidiaries, but reserving issue whether statute would cover “parent corporation that closely controls and dictates the policies of its subsidiary”); Phoenix Canada Oil Co. Ltd. v. Texaco, Inc., 658 F.Supp. 1061, 1084-85 (D.Del.1987) (<HOLDING>); J.E. Rhoads & Sons, Inc. v. Ammeraal, Inc., Options: A. holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent although something more than mere passive investment by the parent is required the parent must have and exercise control and direction over the affairs of its subsidiary in order for venue to be proper B. holding that a close relationship between a parent corporation and a subsidiary may justify finding that the parent engages in business in the jurisdiction through the local activities of its subsidiary C. recognizing separate corporate identity of parent despite evidence that parent consolidated its profits and losses with that of its whollyowned subsidiary in presenting parents financial reports to shareholders that subsidiary was considered a division of parent and that subsidiary accounted for 60 of parents and subsidiarys combined operations D. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control E. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary

assistant: The best answer is D. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations and warranties made by the Seller or the Company under this Agreement in connection with the transactions contemplated herein or in any certificate or other instrument delivered pursuant hereto shall survive the Closing and any investigation made at any time with respect thereto.

assistant: Warranties
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: facts which sufficiently satisfy Rule 702’s reliability requirements.” (quoting Mitchell v. 165 F.3d at 781)). Thus, based on Dr. Thomas’s experience as an education administrator and the nature of his testimony, the court finds Dr. Thomas’s testimony to be reliable under Rule 702. The court also finds that, at this point in time, Dr. Thomas’s testimony is relevant: it “relate[s] to a disputed issue in the case.” Id. Despite the District’s arguments that Dr. Thomas’s testimony is not relevant because it circumvents the jury’s role, Rule 704 allows for expert opinion on the “ultimate issue” at hand. Under Rule 704(a), “An opinion is not objectionable just because it embraces an ultimate issue.” Fed. R. Evid. 704(a); see also United States v. Dazey, 403 F.3d 1147, 1171 (10th Cir. 2005) (<HOLDING>). Provided that Dr. Thomas bases his Options: A. holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment B. holding that expert testimony should be excluded when jury is equally competent to form an opinion about ultimate fact issue or experts testimony is within jurys common knowledge C. holding that testimony of two experts was unreliable because they relied on the testimony of two other experts which was also unreliable D. holding experts testimony was insufficient to survive summary judgment because the testimony at most showed the defendant deviated from the experts personal standard of care rather than the generally recognized and accepted standard of care E. holding experts testimony was insufficient to survive summary judgment because the testimony at most showed the defendant deviated from the experts personal standard of care rather than the generally accepted standard of care

assistant: The best answer is A. holding that even if an experts testimony arguably embraced the ultimate issue such testimony is permissible as long as the experts testimony assists rather than supplants the jurys judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to such motions when the claimholder simply fails to respond to the claims objection, resulting in the entry of an order without further hearing. Compare In re Jack Kline Co., 440 B.R. 712, 741 (Bankr.S.D.Tex.2010) (interpreting the Fifth Circuit’s holding in Colley to mean that “if the parties have not litigated the merits of the proof of claim, Rule 60 is inapplicable and the bankruptcy court has wide discretion pursuant to § 502(j) to determine whether ‘cause’ exists for reconsidering the allowance of a claim[,]” but “[i]f the parties have litigated the merits of the proof of claim, [] then the bankruptcy court must apply Rule 60(b) in determining whether ‘cause’ exists for reconsidering the allowance of a claim”) with In re Gonzalez, 372 B.R. 837, 840-41 (Bankr.W.D.Tex.2007) (<HOLDING>). Here, the court’s order granting the chapter Options: A. holding that a second motion to reconsider served within ten days of the denial of the first motion does not extend the time period for filing a notice of appeal from the underlying judgment B. holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp C. holding that rule 60b is necessarily applicable if the motion to reconsider is filed more than ten days after the order disallowing the claim even if the motion is couched as one under section 502j and even though the objection to the claim was not litigated D. holding that a motion to reconsider a section 2255 ruling is available and that it is to be treated asa rule 59e motion if filed within 10 days of entry of the challenged order E. holding that a motion to reconsider filed after the entry of final judgment must be considered a motion to correct error

assistant: The best answer is C. holding that rule 60b is necessarily applicable if the motion to reconsider is filed more than ten days after the order disallowing the claim even if the motion is couched as one under section 502j and even though the objection to the claim was not litigated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The article headings contained in this Lease are for convenience only and do not in any way limit or amplify any term or provision hereof. The terms "Landlord" and "Tenant" as used herein shall include the plural as well as the singular, and the neuter shall include the masculine and feminine genders.

assistant: Headings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except in the matters pending in the Chapter 11 Cases and in connection with the approvals sought from the Public Utility Commission of Texas, there are no Proceedings pending or, to the knowledge of Oncor, threatened against Oncor (a) that question the validity of this Agreement or any action taken or to be taken by Oncor in connection with, or that seek to enjoin or obtain monetary damages in respect of, this Agreement or the consummation by Oncor of the transactions contemplated hereby or (b) that would reasonably he expected to prevent, restrict or impair or otherwise adversely affect the ability of Oncor to perform its obligations under and consummate the transactions contemplated by this Agreement.

assistant: Litigations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to any Subsidiary shall be given to it in care of the Company as provided in Section 9.01 of the Credit Agreement.

assistant: Notices
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to indemnify , defend and hold supercell ( and our officers , directors , agents , subsidiaries , joint ventures and employees ) harmless from any claim , demand , damages or other losses , including reasonable attorneys ' fees , asserted by any third-party resulting from or arising out of your use of the service , or any breach by you of these terms of service , however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Closing, the parties agree to execute and deliver, or to cause to be executed and delivered, all further documents and instruments and to take all further action as shall be reasonably necessary or appropriate to confirm or carry out the provisions and intent of this Agreement.

assistant: Further Assurances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any Person becomes a Subsidiary of the Borrower, such Subsidiary shall be a wholly owned Subsidiary of the Borrower and the Borrower shall (a) promptly (x) if such Subsidiary is the first Subsidiary of the Borrower, cause such Subsidiary to execute and deliver to the Administrative Agent the Subsidiary Guaranty and the Subordinated Intercompany Note, and (y) for each other Subsidiary, cause such Subsidiary to become a Subsidiary Guarantor under the Subsidiary Guaranty by executing and delivering to the Administrative Agent an executed counterpart to the Subordinated Intercompany Note and the Subsidiary Guaranty as provided for therein, (b) promptly cause such Subsidiary to become a “Grantor” under and as defined in the Pledge and Security Agreement by executing and delivering to the Administrative Agent and the Collateral Agent a joinder agreement in the form attached to the Pledge and Security Agreement and (c) within ten (10) Business Days (or such longer period as may be agreed to by the Administrative Agent and the Collateral Agent) take all such actions and execute and deliver, or cause to be executed and delivered, to the extent applicable, all such documents, instruments, agreements, and certificates as are similar to those described in Section 4.01(a) , Section 4.01(b) , Section 4.01(d) , Section 4.01(e) , Section 4.01(f) , Section 4.01(k) , Section 4.01(l) , Section 4.01(m) , Section 4.01(n) , Section 4.01(o) , Section 4.01(u) and Section 4.01(bb) . With respect to each such Subsidiary, the Borrower shall promptly send to the Administrative Agent written notice setting forth with respect to such Person (i) the date on which such Person became a Subsidiary of the Borrower, and (ii) all of the data required to be set forth in Schedule 3.08 with respect to all Subsidiaries of the Borrower; provided , such written notice shall be deemed to supplement Schedule 3.08 for all purposes hereof.

assistant: Subsidiaries
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has the duty to support his or her children.... A spouse who fails to discharge a duty of support is liable to any person who provides necessaries to those to whom support is owed.”). Ultimately, the Legislature codified a parent’s common law liability for necessaries provided to his or her children in section 151.001(c) of the Family Code, which provides that “[a] parent who fails to discharge the duty of support is liable to a person who provides necessaries to those to whom support is owed.” Tex. Fam.Code § 151.001(c). As noted by the court of appeals, we recognized in two cases decided more than a century ago that attorney’s fees for services rendered for the benefit of a child may, under some circumstances, be treated as necessaries under the common law. See Searcy, 17 S.W. at 373 (<HOLDING>); Askey v. Williams, 74 Tex. 294, 11 S.W. 1101, Options: A. holding that trial court properly assessed mothers attorneys fees as necessaries against father in case in which trial court ordered father to pay mothers attorneys fees as child support but did not state that the fees were necessaries B. holding that attorneys fees are necessaries for the criminal defense of a child C. holding that reasonable attorneys fees for the benefit of a minor in defending the minor against a criminal charge were necessaries D. holding that attorneys fees are necessaries in a civil suit to recover money or property for the minor E. holding that attorneys fees are necessaries for the criminal de fense of a child

assistant: The best answer is D. holding that attorneys fees are necessaries in a civil suit to recover money or property for the minor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, comply with all laws, rules, regulations and requirements of any Governmental Authority applicable to its business and properties, including, without limitation, all Environmental Laws, ERISA and OSHA, except where the failure to do so, either individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The Borrower will maintain in effect and enforce policies and procedures reasonably designed to promote and achieve compliance by the Borrower, its Subsidiaries and their respective directors, officers, employees and agents which are acting or benefitting in any capacity in connection with this Agreement with Anti-Corruption Laws and applicable Sanctions.

assistant: Compliance With Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For each 12-month period during the Term, the Executive shall be entitled to four weeks of vacation without loss of compensation or other benefits to which he is entitled under this Agreement, to be taken at such times as the Executive may select and the affairs of the Company may permit. Any unused days will be carried over to the next 12 month period. Notwithstanding anything contained herein, in no event shall the Executive be entitled to be paid cash for unused vacation, and any unused vacation days at the end of the Term or remaining as of the date of termination shall be forfeited.

assistant: Vacations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of proof applied by the fact finders in his case with the standard a federal court employs in determining whether findings by prison authorities satisfy due process. See Plunk v. Givens, 234 F.3d 1128, 1129-30 (10th Cir.2000) (rejecting similar claim that district court erred in applying “some evidence” standard in determining whether disciplinary conviction complied with dictates of due process). The Court stated in Hill that “[t]he fundamental fairness guaranteed by the Due Process Clause does not require courts to set aside decisions of prison administrators that have some basis in fact.” 472 U.S. at 456, 105 S.Ct. 2768. Consistent with Hill, we conclude that the district court did not err in applying the “some evidence” standard in this case. Cf. Gwinn, 354 F.3d at 1214, 1218-19 (<HOLDING>). Because Mr. Firth does not advance any Options: A. holding that error in classifying defendant as a violent offender caused a miscarriage of justice B. holding that some of the sex offender conditions imposed on defendant as part of his sentence for possessing a firearm were unreasonable where defendants sole sex offense was over a decade old at the time of sentencing C. holding that classifying the defendant as a sexually oriented offender after he was convicted of kidnapping minors without a sexual purpose violated the defendants right to substantive due process where the statutory definition of sexual offender included one who had committed certain criminal offenses against a minor regardless of sexual intent D. holding some evidence standard applicable to cdoc decision classifying inmate who had not been convicted of a sexual offense as a sex offender E. holding that an individual who is required to register as a sex offender is not in custody

assistant: The best answer is D. holding some evidence standard applicable to cdoc decision classifying inmate who had not been convicted of a sexual offense as a sex offender
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The waiver by either party of a breach of or a default under any provision of this Agreement shall not be effective unless in writing and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right or remedy that it has or may have hereunder operate as a waiver of any right or remedy.

assistant: Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed exclusively in accordance with the internal laws of the State of Nevada without regard to the conflicts of laws principles thereof. The parties hereto hereby expressly and irrevocably agree that any suit or proceeding arising directly and/or indirectly pursuant to, arising out of or under this Agreement, shall be brought solely and exclusively in a federal or state court located in Los Angeles County, California. By its execution hereof, the parties hereby expressly covenant and irrevocably submit to the in personal jurisdiction of the federal and state courts located in Los Angeles County, California and agree that any process in any such action may be served upon any of them personally, or by certified mail or registered mail upon them or their agent, return receipt requested, with the same full force and effect as if personally served upon them in Los Angeles County, California. The parties hereto expressly and irrevocably waive any claim that any such jurisdiction is not a convenient forum for any such suit or proceeding and any defense or lack of in personal jurisdiction with respect thereto. In the event of any such action or proceeding, the party prevailing therein shall be entitled to payment from the other party hereto of its reasonable counsel fees and disbursements in an amount judicially determined.

assistant: Governing Laws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During and after Employee’s employment, Employee shall cooperate fully with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while the Company employed Employee, provided, that the Employee will not have an obligation under this paragraph with respect to any claim in which the Employee has filed directly against the Company or related persons or entities. The Employee’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. During and after Employee’s employment, Employee also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while Employee was employed by the Company, provided Employee will not have any obligation under this paragraph with respect to any claim in which Employee has filed directly against the Company or related persons or entities. The Company shall reimburse Employee for any reasonable out-of-pocket expenses incurred in connection with Employee’s performance of obligations pursuant to this Section 8(b).

assistant: Litigations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Ingredion’s Purchase Orders to SweeGen shall follow [**redacted]. Except for SweeGen’s sales to House Accounts, title to and risk of loss for the Products shall transfer to Ingredion upon delivery to Ingredion at the point of tender. For the avoidance of doubt, Ingredion will not take title to Products SweeGen sells to House Accounts.

assistant: Titles
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: will decree reformation of a written instrument if it is conclusively shown that the words of the writing do not correctly express the meaning that the parties agreed upon.”). 10 . See, e.g., Cincinnati Ins. Co. v. Fred S. Post, Jr., Co., 747 S.W.2d 777, 781 (Tenn.1988); Lebo v. Green, 221 Tenn. at 314, 426 S.W.2d at 494; Dickens v. St. Paul Fire & Marine Ins. Co., 170 Tenn. at 414, 95 S.W.2d at 914; Greer v. J.T. Fargason Grocer Co., 168 Tenn. at 244-45, 77 S.W.2d at 443-44; Barnes v. Barnes, 157 Tenn. 332, 338, 8 S.W.2d 481, 482 (1928). 11 . See 27 Williston on Contracts § 70:21, at 260 ("If the parties reach agreement as to only part of a prospective bargain, ... reformation is still an appropriate remedy."); Cerberus Int’l, Ltd. v. Apollo Mgmt., L.P., 794 A.2d 1141, 1152 (Del.2002) (<HOLDING>). 12 . The prior agreement need not rise to the Options: A. holding that a defendant who is seeking to excuse a procedurally defaulted claim of structural error need not establish actual prejudice and so the court need not require petitioner to prove that his counsels failure to object to the trial closure was actually prejudicial B. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation C. holding that the fact of prior convictions under 924e need not be charged in an indictment and proven to a jury and also that the government need not charge in an indictment and prove to a jury that a defendants prior conviction constitutes a violent felony under 924e D. holding that the government need not prove actual notice to the prisoner E. holding that the party seeking reformation must prove a specific prior understanding that differed materially from the written agreement and that this understanding need only be complete as to the issue involved and need not constitute a complete contract in an of itself

assistant: The best answer is E. holding that the party seeking reformation must prove a specific prior understanding that differed materially from the written agreement and that this understanding need only be complete as to the issue involved and need not constitute a complete contract in an of itself
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of each Award shall be for such period as may be determined by the Committee. Awards may be granted on the terms and conditions set forth in this Section 6. In addition, the Committee may impose on any Award or the exercise thereof, at the date of grant or thereafter (subject to Section 7(b)), such additional terms and conditions, not inconsistent with the provisions of the Plan, as the Committee shall determine, including terms requiring forfeiture of Awards in the event of termination of employment by the Participant, or termination of the Participant’s service relationship with the Company, the Partnership, or their Affiliates, and terms permitting a Participant to make elections relating to his or her Award. The Committee shall retain full power and discretion to accelerate, waive or modify, at any time, any term or condition of an Award that is not mandatory under the Plan; provided, however, that the Committee shall not have any discretion to accelerate the terms of payment of any 409A Award if such acceleration would subject a Participant to additional taxes under Section 409A the Code and the 409A Regulations.

assistant: Terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: oculus has no responsibility or liability with respect to your access to or use of the third-party content , or any content or functionality contained in such third-party content , your rights to which are solely provided pursuant to a licence between you and the provider of such third-party content .

assistant: Limitation of liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In partial consideration for the Lender agreeing to make the Loan, each of Borrower, Frija and their respective affiliates specifically releases, waives, and forever discharges the Lender, its successors in interest, its past, present and future assigns, officers, directors, subsidiaries, affiliates and insurers, from any and all past claims, demands, actions, liabilities and causes of actions, of every kind and character, whether asserted or unasserted, whether known or unknown, suspected or unsuspected, in law or in equity, for or by reason of any matter, cause or thing whatsoever, arising out of the claims related to a breach by the Lender of Section 10(H) of that certain Asset Purchase Agreement (the “APA”) dated as of July 29, 2016 by and among the Borrower, Kevin Frija and the Lender, including any claims related to the Lender’s Exclusive Distribution Agreement, dated August 13, 2018, with MJ Holdings Inc . In addition, the parties acknowledge and agree that the Section 10(H) of the APA shall be terminated and shall be of no further effect.

assistant: Releases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 66 L.Ed.2d 621 (1981)). Although the scene the police came upon in front of the apartment building clearly gave them no reason to suspect Dortch of committing a traffic violation himself, the circumstances just as clearly indicated Dortch might be involved with the ongoing illegality the police observed. Not only was Dortch standing between the two illegally pai’ked vehicles when the officers arrived, he was leaning into one and talking to the driver. Indeed, Dortch significantly continued doing so during his initial interaction with Officer Sundermeier. On these facts, we hold Officer Sundermeier could briefly stop Dortch to investigate what was happening with the vehicles and his involve ment with it. Cf. Maryland v. Wilson, 519 U.S. 408, 414-15, 117 S.Ct. 882, 137 L.Ed.2d 41 (1997) (<HOLDING>); United States v. Sanders, 510 F.3d 788, Options: A. holding that passengers of automobiles that are pulled over by a police officer for a traffic stop are seized under the fourth amendment B. holding that passengers of a vehicle which they did not own had standing to challenge the validity of a traffic stop C. holding police officers making a traffic stop could order passengers out of the stopped car D. holding that police officer may order passengers to remain in vehicle with hands up during traffic stop E. holding that an officer making a traffic stop may order passengers to exit the car pending completion of the stop

assistant: The best answer is C. holding police officers making a traffic stop could order passengers out of the stopped car
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall, from time to time, at its expense, faithfully preserve and protect the Lender's Lien on and Prior Security Interest in the Collateral as a continuing first priority perfected Lien, subject only to Permitted Liens, and shall do such other acts and things as the Lender in its reasonable discretion may deem necessary or advisable from time to time in order to preserve, perfect and protect the Liens granted under the Loan Documents and to exercise and enforce its rights and remedies thereunder, in accordance with the terms thereof, with respect to the Collateral.

assistant: Further Assurances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, if you terminate service with the Company prior to the end of the performance period , you will forfeit any Awarded Shares that otherwise be deliverable with respect to such period. scheduled to vest on that date..

assistant: Forfeitures
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section shall survive the resignation or replacement of the Buyer Agent or any assignment of rights by Buyer, the termination of the Facility and the repayment, satisfaction or discharge of all other Facility Obligations.

assistant: Survival
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See e.g., LeClair v. Norwell, 430 Mass. 328, 333 (1999) (concluding that we do not read statutory language in isolation). The court concludes that the plaintiffs, by claiming that their constitutional rights to marry are being violated by selective enforcement of discriminatory laws, have established that they may be “persons who have themselves suffered, or who are in danger of suffering, legal harm.” Ginther v. Commissioner of Insurance, 427 Mass. 319, 322 (1998). See e.g. Constitutional First Amendment infringement cases: Elrod v. Burns, 427 U.S. 347, 373 (1976) (plurality opinion) (concluding that the “loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury”); Romero Feliciano v. Torres Gaztambide, 836 F.2d 1 (1st Cir. 1987) (<HOLDING>); 754 Orange Ave., Inc. v. West Haven, 761 F.2d Options: A. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record B. holding trial court did not abuse its discretion in finding violation was willful and substantial C. holding that given the finding that a civil servant was likely to succeed on the merits of his first amendment claim that he was demoted in violation of his associational rights a finding of irreparable harm was not an abuse of discretion D. holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim E. recognizing the abuse of discretion standard and the requirement of evidentiary support for a finding of estoppel

assistant: The best answer is C. holding that given the finding that a civil servant was likely to succeed on the merits of his first amendment claim that he was demoted in violation of his associational rights a finding of irreparable harm was not an abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: schedule to the defendant’s probation officer, provided that the court first establishes the amount of restitution.”) (citation and quotation marks omitted). This argument is therefore without merit. D. Term of incarceration and ability to pay restitution Against the advice of his attorney, Clark also argues that the district court erred in imposing a sentence at the top of the sentencing guideline range rather than from the middle or bottom of the range, and that the district court erred in failing to consider his limited financial means in ordering him to pay restitution from his earnings during incarceration. Clark’s attorney raised both of these issues in the form of a no-merit brief pursuant to Anders v. California, 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) (<HOLDING>). With respect to Clark’s argument that the Options: A. holding an appellate brief may serve as a notice of appeal B. holding that the presumption of prejudice must extend as well to the denial of counsel on appeal when the granting of an attorneys motion to withdraw had left the petitioner entirely without the assistance of counsel on appeal C. recognizing the right to counsel on appeal D. holding that if courtappointed appellate counsel wishes to withdraw on the ground that an appeal is wholly frivolous counsel must include with the withdrawal motion a brief referring to anything in the record that might arguably support the appeal E. holding that appellate counsel is not required to raise meritless issues on appeal

assistant: The best answer is D. holding that if courtappointed appellate counsel wishes to withdraw on the ground that an appeal is wholly frivolous counsel must include with the withdrawal motion a brief referring to anything in the record that might arguably support the appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Employer shall pay to Executive base salary at the rate equal to $350,000 (“ Base Salary ”), less normal withholdings, payable in approximately equal bi-weekly or other installments as are or become customary under the Employer’s payroll practices for its Executives from time to time. The Compensation Committee of the Board of Directors of the Company and the Bank (the “ Compensation Committee ”) shall review Executive’s Base Salary from time to time and may increase, but not decrease, such Base Salary in connection with such review.

assistant: Base Salary
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Sheriff's Dep't, 196 P.3d 892, 899 (Colo.2008). Davis, through contemporaneous admissibility objections at trial, properly preserved each portion of testimony for review. Therefore, if we find an abuse of discretion, then we review for harmless error and consider whether any error, in light of the entire record of the trial, substantially influenced the verdict or impaired the fairness of the trial. People v. Stewart, 55 P.3d 107, 124 (Colo.2002). With this standard in mind, we turn to the applicable law. III The Admissibility of Comments on Witness Credibility 114 Evidentiary rules limit the admission of character evidence in most situations. Under CRE 404(a), "[elvidence of a person's character or a trait of his character is not admissible for the purpose of proving that he acted in (<HOLDING>); People v. Cook, 197 P.3d 269, 276 Options: A. holding that statements made to a social worker that may have bearing on a childs health safety and welfare are not privileged and are subject to compulsory disclosure under the harmful acts exception to social worker privilege B. holding that trial court did not commit error when it allowed state to reopen evidence to establish venue C. holding the record does not show that the statement to the social worker was for medical treatment because the social worker testified that he questioned the child to determine whether he needed to notify child protective services of a case of suspected child abuse D. holding that the trial court erred when it allowed an investigating officer to expressly state on multiple occasions that victims were credible in their accusations E. holding that the trial court erred when it allowed a social worker to state that a victim was telling the truth when describing various incidents of abuse

assistant: The best answer is E. holding that the trial court erred when it allowed a social worker to state that a victim was telling the truth when describing various incidents of abuse
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Resellers, the Parent Guarantor and each of the Domestic Subsidiaries that are Material Subsidiaries, will (a) keep and maintain all property material to the conduct of its business in good working order and condition (ordinary wear and tear and casualty events excepted) except where the failure to do so, individually or in the aggregate, would not result in a Material Adverse Effect, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations; provided, that each of the Resellers, the Parent Guarantor and the Domestic Subsidiaries may self-insure in the ordinary course of business to the same extent as other companies engaged in similar businesses and owning similar properties in the same general areas in which each such Reseller or each such Subsidiary, as applicable, operates.

assistant: Insurances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments and benefits pursuant to Section 2(b) of this Separation Agreement are conditioned upon the Employee’s full and continued cooperation in good faith with the Company, its subsidiaries and affiliates and its legal counsel, as may be necessary or appropriate, (i) to respond truthfully to any inquiries that may arise with respect to matters that the Employee was responsible for or involved with during his employment with the Company, (ii) to furnish to the Company, as reasonably requested by the Company, from time to time, the Employee’s honest and good faith advice, information, judgment and knowledge with respect to mattes that the Employee was responsible for or involved with during his employment with the Company, (iii) in connection with any defense, prosecution or investigation of any and all actual, threatened, potential or pending court or administrative proceedings or other legal matters in which the Employee may be involved as a party and/or in which the Company determines, in its sole discretion, that the Employee is a relevant witness and/or possesses relevant information, and (iv) in connection with any and all legal matters relating to the Company, its subsidiaries and affiliates, and each of their respective past and present employees, managers, directors, officers, administrators, shareholders, members, agents, and attorneys, in which the Employee may be called as an involuntary witness (by subpoena or other compulsory process) served by any third-party, including, without limitation, providing the Company with written notice of any subpoena or other compulsory process served on the Employee within forty-eight (48) hours of its occurrence.

assistant: Cooperation