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: 1087. “Deliberate indifference” exists when a prison official “knows of and disregards an excessive risk to inmate health and safety; the official must be both aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference.” Farmer, 511 U.S. at 835, 114 S.Ct. 1970. a. Objective Requirement Plaintiff alleges that the complete deprivation of outdoor exercise from November 8, 2005 to December 16, 2005 resulting from Giurbino’s decision to implement lockdown and modified lockdown restrictions constituted cruel and unusual punishment {See FAC at 3.) The Ninth Circuit has stated that “regular outdoor exercise is extremely important to the psychological and physical well being of the inmates.” Spain, 600 F.2d at 199 (<HOLDING>). However, as the Ninth Circuit further Options: A. holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment B. holding that prisoners in longterm and continuous segregation must be provided regular outdoor exercise unless inclement weather unusual circumstances or disciplinary needs make it impossible C. holding denial of outdoor recreation for thirteen days not cruel and unusual punishment D. holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs E. recognizing that there may be unusual cases when an attorney can make a rational decision that investigation is unnecessary

assistant: The best answer is B. holding that prisoners in longterm and continuous segregation must be provided regular outdoor exercise unless inclement weather unusual circumstances or disciplinary needs make it impossible
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: Subject to Section 8 above, (i) in any suit, action or proceeding seeking to enforce any provision of this Agreement or for purposes of resolving any dispute arising out of or related to this Agreement (including Sections 11 and 12 or the transactions contemplated by this Agreement), the Company and the Executive each hereby irrevocably consents to the exclusive jurisdiction of any federal court located in the State of New Jersey or any of the state courts of the State of New Jersey; (ii) the Company and the Executive each hereby waives, to the fullest extent permitted by applicable law, any objection which it or he may now or hereafter have to the laying of venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; (iii) process in any such suit, action or proceeding may be served on either party anywhere in the world, whether within or without the jurisdiction of such court, and, without limiting the foregoing, each of the Company and the Executive irrevocably agrees that service of process on such party, in the same manner as provided for notices in Section 16(a) above, shall be deemed effective service of process on such party in any such suit, action or proceeding; and (iv) WAIVER OF JURY TRIAL: EACH OF THE COMPANY AND THE EXECUTIVE HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

assistant: Jurisdictions
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 consideration of Employee’s execution and compliance with this Agreement, NSM agrees to provide Employee with the payments and benefits as set forth in that certain Retention Bonus Agreement between NSM and Employee dated December ___, 2017. Employee understands and acknowledges that the consideration given pursuant to this Agreement in exchange for the execution of and compliance with this Agreement is given in addition to anything of value to which Employee is, as a matter of law, entitled.

assistant: Payments
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 amounts due under this Section shall be payable within five (5) days after demand therefor, which demand shall be accompanied by a statement from the applicable Person to whom such payment is due setting forth such amounts in reasonable detail.

assistant: Payments
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: provided, however, that: (t ⅝ ⅜ ⅝ “(2) In respect to those injuries or damages due to acts of medical * * * malpractice which could not in the exercise of reasonable diligence be discoverable at the time of the occurrence of the incident which gave rise to the action, suit shall be commenced within three (3) years of the time that the act or acts of the malpractice should, in the exercise of reasonable diligence, have been discovered.” (Emphases added.) Under the plain language of § 9-1-14.1, in order to toll the malpractice statute of limitations, there must be a finding that the plaintiff exercised reasonable diligence at the time the injury occurred, yet failed to discover a wrongful act on the part of the defendant. See Grossi v. Miriam Hospital, 689 A.2d 403, 404 (R.I.1997) (<HOLDING>). In contrast, the tolling provision contained Options: A. holding prescription defense available to wife who asserted that she was holding her husbands pills on his behalf B. holding erisa did not apply when doctor was not employee of the medical association of the state of alabama C. holding that a wifes minimal involvement in her husbands business coupled with the lack of evidence that she knew of or intended to further her husbands fraudulent schemes was insufficient evidence of conspiracy D. holding that the tolling provision of 91141 did not apply when the plaintiff knew that medical negligence may have contributed to her husbands death but asserted that she did not know the identity of the doctor who treated him E. holding that where petitioner testified she did not know who fired shots at her ear or why the evidence did not compel the conclusion that the shooting was based on her political opinion

assistant: The best answer is D. holding that the tolling provision of 91141 did not apply when the plaintiff knew that medical negligence may have contributed to her husbands death but asserted that she did not know the identity of the doctor who treated him
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 Security Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page to this Security Agreement by facsimile or other electronic transmission shall be effective as delivery of a manually executed counterpart of this Security Agreement.

assistant: Counterparts
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: Id. HH 13, 15; Def.'s First Mot. 2. 10 . Once the government receives notice of the assignment, the government has a duty to make payments directly to the assignee for work performed by the assignor. Thomas Funding, 15 Cl.Ct. at 502. As noted above, the government acknowledged receipt of the Assignment between Lemhi and Travelers. Am. Compl. Ex. C. Any failure on the part of the government to make payments to the assignee allows the assignee (Travelers in the instant case) to file suit against the government in the Court of Federal Claims under the Assignment of Claims Act. T ty could maintain an action against the government to recover an allegedly improper progress payment after the surety notified the government of the contractor’s default); Transamerica Ins., 31 Fed.Cl. at 536 (<HOLDING>); Westech, 20 Cl.Ct. at 750-51 (confirming that Options: A. holding that doctrine of impossibility of performance did not apply so as to entitle surety to partial remission of forfeited bond B. recognizing that the gjovernment as obligee owes no equitable duty to a surety unless the surety notifies the government that the principal has defaulted under the bond notice by the surety is essential before any governmental duty exists C. holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety D. holding that taxable costs included only the premium on a surety bond posted on appeal not the fees paid for letters of credit to secure the bond where the state statute and court rule only specifically allowed for premium on any surety bond E. holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation

assistant: The best answer is E. holding that a performance bond surety was allowed to sue the government based on the doctrine of equitable subrogation
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, together with the Restated Loan Agreement, the Subsidiary Guaranty and the other Loan Documents, integrates all the terms and conditions mentioned herein or incidental hereto and supersedes all oral representations and negotiations and prior writings with respect to the subject matter hereof.

assistant: Entire Agreements
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: with [Harrison] participated in the alleged beating.” Id. Nothing more is required for summary judgment to be denied. On this record, Plaintiffs are also entitled to argue that deputies who were present had a duty to intervene to prevent the use of excessive force against Harrison, even if not all of them integrally participated in the application of force. “[P]olice officers have a duty to intercede when their fellow officers violate the constitutional rights of a suspect or other citizen.” United States v. Koon, 34 F.3d 1416, 1447 n. 25 (9th Cir.1994), rev’d on other grounds, 518 U.S. 81, 116 S.Ct. 2035, 135 L.Ed.2d 392 (1996). “[0]fficers can be held liable for failing to intercede only if they had an opportunity to intercede.” Cunningham v. Gates, 229 F.3d 1271, 1289 (9th Cir.2000) (<HOLDING>). Liability for failure to intervene may extend Options: A. holding that officers were not entitled to qualified immunity at the summary judgment stage where there was a triable dispute as to whether they were reasonable in shooting a suspect who was not facing or pointing his gun at them B. holding officers did not have a realistic opportunity to intervene because they were not present at the time of the shooting C. holding that an officer did not employ excessive force in shooting a suspect who turned out to be unarmed because at the time of the shooting the officer had a reasonable belief that the suspect posed a threat and was armed D. holding that a defendant did not waive his right to be present at an ex parte encounter between the judge and juror because he was not present at the time of the communication and therefore had no opportunity to object when the error was committed E. holding that evidence of recklessness by one officer in events leading up to shooting was immaterial in evaluating objective reasonableness of shooting officers decision to use deadly force in the situation he faced at time of shooting

assistant: The best answer is B. holding officers did not have a realistic opportunity to intervene because they were not present at the time of the shooting
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: conversation of the type generally not subject to Edwards. Mickey argues that the small talk, though casual, does not fall under this general rule. In his view, Landry had reason to know his behavior might elicit an incriminating response because he was “softening up” Mickey by participating in a discussion of the connections between their two families, including Landry’s knowledge of Mickey’s brother’s suicide. But, Landry did not intend and had no reason to know that his statements about his various family members and how they interacted with Mickey’s family were likely to elicit an incriminating response in the context of a conversation ranging from California, philosophy, and politics to family, food, and football. See United States v. Hackley, 636 F.2d 493, 498 (D.C.Cir.1980) (<HOLDING>). Here, the small talk was not interrogational. Options: A. holding that a defendants argument that her psr overstated the seriousness of her past conduct was not a sufficiently specific objection to the fact of her previous conviction B. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment C. holding that a statement from a conversation about defendants cousin in which police mentioned their inability to reach her after her arrest was not interrogatory D. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment E. holding that it did not violate the defendants right to remain silent when the prosecutor questioned her about inconsistencies between her pretrial statements to authorities and her defense at trial

assistant: The best answer is C. holding that a statement from a conversation about defendants cousin in which police mentioned their inability to reach her after her arrest was not interrogatory
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: were a quid pro quo for the debtor’s execution of a settlement agreement that extinguished his interest in the hotel that was the subject of the consulting agreement, and were therefore property of the debtor’s estate, where the consulting agreement (1) was “inexorably inter twined” with the settlement agreement, (2) nder a pre-bankruptcy non-compete agreement executed in connection with the sale of the debtor’s car dealership were “sufficiently rooted in the pre-bank-ruptcy past to be included in the estate” because they were “a method of paying for the value of [the debtor’s] name, and for insuring that [the purchaser of the dealership] will receive all of the good will previously owned by [the debtor]”); cf. United States v. Kennedy, 234 F.3d 1263 (2d Cir. 2000) (unpublished) (<HOLDING>). As numerous courts have recognized, moreover, Options: A. holding noncompete payments were not exempt from the debt ors bankruptcy estate as earnings from postpetition services under 541a6 because the noncompete agreement was inextricably intertwined with the debtors sale of stock that was an includable bankruptcy asset that predated debtors bankruptcy petition B. holding postpetition payments under a prebankruptcy noncompete agreement the debtor entered in connection with the sale of a business in which the debtor was a part owner were sufficiently rooted in the debtors prebankruptcy past that they belonged to the estate where the noncompete agreement was an integral part of the sale C. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code D. holding that only the debtors earnings from his own personal services were exempt under 541a6 as opposed to all profits generated by his law practice E. holding postpetition payments due to the debtor under a prepetition noncompete agreement were not property of the estate because the debtor had not done all acts necessary to accrue his right to the future payments

assistant: The best answer is A. holding noncompete payments were not exempt from the debt ors bankruptcy estate as earnings from postpetition services under 541a6 because the noncompete agreement was inextricably intertwined with the debtors sale of stock that was an includable bankruptcy asset that predated debtors bankruptcy petition
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 Holder, severally and not jointly, represents and warrants that (i) if it is not a natural person, that it is duly incorporated or formed and, the extent such concept exists in its jurisdiction of organization, is in good standing under the laws of such jurisdiction, (ii) it has all requisite legal capacity and authority to enter into and perform this Agreement and to consummate the transactions contemplated hereby, (iii) if it is not a natural person, the execution and delivery of this Agreement by it of the transactions contemplated hereby have been duly authorized by all necessary corporate or other entity action on the part of such Holder and (iv) this Agreement constitutes a legal, valid and binding obligation of such Holder enforceable against it in accordance with its terms, except as enforcement may be limited by equitable principles or by bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or limiting creditors’ rights generally.

assistant: Representations
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: Schedule 6.1.(g) is, as of the Agreement Date, a complete and correct listing of all Indebtedness (including all Guarantees) in respect of borrowed money of each of the Borrower, the other Loan Parties and the other Subsidiaries. As of the Agreement Date, no event of default, (after giving effect to notice, grace and cure periods) exists with respect to any such Indebtedness.

assistant: Liens
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: U.S. Concord, Inc. v. Harris Graphics Corp., 757 F.Supp. 1053, 1061 (N.D.Cal.1991) (“The Ninth Circuit has held that allegations of predicate acts under RICO must comply with Rule 9(b)’s specificity requirements,” citing Schreiber Distributing Co. v. Serv-Well Furniture Co., 806 F.2d 1393, 1400-01 (9th Cir.1986)). Rule 9(b) requires that a plaintiff allege the time, place, and manner of each predicate act, the nature of the scheme involved, and the role of each defendant in the scheme. Lancaster Community Hospital, 940 F.2d at 405 (stating that a RICO plaintiff must allege the time, place and manner of each act of fraud, and the role of each defendant in the fraud); see also Advocacy Organization for Patients and Providers v. Auto Club Ins. Ass’n., 176 F.3d 315, 322 (6th Cir.1999) (<HOLDING>); see generally Gotham, Print, Inc. v. American Options: A. holding that in the context of mail and wire fraud a plaintiff must have justifiably relied to his detriment on the defendants material misrepresentations B. holding that a plaintiff satisfied rule 9b by pleading which machines were the subject of alleged fraudulent transactions and the nature and subject of the alleged misrepresentations C. holding that as to each predicate act the plaintiff must allege the time place and contents of the misrepresentations D. holding that a rico plaintiff must allege at a minimum the time place and content of the alleged misrepresentations on which he or she relied the fraudulent scheme the fraudulent intent of the defendants and the injury resulting from the fraud E. recognizing that where the relationship to the mailing and the alleged fraudulent scheme is at best highly attenuated a rico claim based thereupon will be dismissed

assistant: The best answer is D. holding that a rico plaintiff must allege at a minimum the time place and content of the alleged misrepresentations on which he or she relied the fraudulent scheme the fraudulent intent of the defendants and the injury resulting from the fraud
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: the process by which leachate is generated and moves through an unlined landfill, such as the Kramer Landfill, demonstrates that the reasoning advanced by the court in Keene Corporation is applicable to the factual context in this appeal. Although the initial exposure to the contaminants caused by the Borough’s depositing of municipal waste was not “an immediate and discrete injury, the fact that it is part of an injurious process is enough for it to constitute ‘injury’ under the policies.” Keene Corp., supra, 667 F.2d at 1046 (“The injury and attendant liability became predictable precisely because it was discovered that past occurrences were likely to have set in motion injurious processes for which Keene could be held liable.”). See also Chemical Leaman, supra, 89 F.3d at 995-96 (<HOLDING>); New Castle County, supra, 725 F.Supp. at 812 Options: A. holding that the continuous injury trigger of coverage should be applied to third party claims of continuous or progressively deteriorating bodily injury or property damage B. holding that an accident under a liability insurance policy occurs when the resulting damage was an event that takes place without the insureds foresight or expectation C. holding that insureds initial discharge of contaminated rinsewater began continuous indivisible process resulting in damage D. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations E. holding that under maine law the occurrence provision focuses on the property damage after the initial discharge and whether it was expected or intended from the insureds point of view

assistant: The best answer is C. holding that insureds initial discharge of contaminated rinsewater began continuous indivisible process resulting in damage
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 Company will disclose the material terms of this Agreement, the Debenture Amendments and the transactions contemplated hereby and thereby by not later than 5:30 p.m. (New York City time) on the second Trading Day following the date hereof by means of a Current Report on Form 8-K or Quarterly Report on Form 10-Q (in either case, a “ Report ”) filed with the Commission. The Report shall include as exhibits this Agreement and Debenture Amendments. The Company and Holders shall consult with each other in preparing any such Report. From and after the filing of the Report with the Commission, the Company acknowledges and agrees that the Holders shall not be in possession of any material, nonpublic information received from the Company, any of its Subsidiaries or any of their respective officers or directors.

assistant: Disclosures
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: (1) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise, (i) any reference herein to any agreement, instrument, other document, statute or regulation shall be construed as referring to such agreement, instrument, other document, statute or regulation as from time to time amended, supplemented or otherwise modified, (ii) any reference herein to any Person shall be construed to include such Person’s successors and assigns, but shall not be deemed to include the subsidiaries of such Person unless express reference is made to such subsidiaries, (iii) the words “herein,” “hereof and “hereunder,” and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (iv) all references herein to Articles, Sections and Annexes shall be construed to refer to Articles, Sections and Annexes of this Agreement, (v) unless otherwise expressly qualified herein, the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights and (vi) the term “or” is not exclusive.

assistant: Construction
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 following description of the federal income tax consequences of the Performance Units is based on currently applicable provisions of the Code and regulations, and is only a general summary. The summary does not discuss state and local tax laws, which may differ from the federal tax law, or federal estate, gift and employment tax laws. You are urged to consult with your own tax advisor regarding the application of the tax laws to your particular situation.

assistant: General
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: files an amended petition deleting the unexhausted claims; (2) the district court stays and holds in abeyance the fully exhausted petition; and (3) the petitioner later amends the petition to include the newly exhausted claims. See King v. Ryan, 564 F.3d 1133, 1135 (9th Cir. 2009). A Kelly stay does not require a showing of good cause. Id. at 1140. But a Kelly stay will be denied when the court finds such a stay would be futile. See Richson v. Biter, 2015 WL 5031916, *8 (C.D. Cal. Aug. 24, 2015). Futility would exist if the petitioner seeks a stay to exhaust a meritless claim. Indeed, the purpose of the Kelly stay procedure is to allow for a stay “when valid claims would otherwise by forfeited,” Kelly, 315 F.3d at 1070 (emphasis added); cf. Rhines, 544 U.S. at 277, 125 S.Ct. 1528 (<HOLDING>). Here, petitioner offered no justification in Options: A. holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion B. holding it is an abuse of discretion to grant stay on plainly meritless claims C. holding failure to exercise discretion is abuse of discretion D. holding it was not an abuse of discretion to exclude testimony E. holding that it was an abuse of discretion to deny stay while matter was pending in neighboring state

assistant: The best answer is B. holding it is an abuse of discretion to grant stay on plainly meritless claims
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 Company shall not, nor shall it permit any of its Subsidiaries to, enter into, renew, extend or be a party to, any transaction or series of related transactions (including, without limitation, the purchase, sale, lease, transfer or exchange of property or assets of any kind or the rendering of services of any kind) with any Affiliate, except in the ordinary course of business in a manner and to an extent consistent with past practice and necessary or desirable for the prudent operation of its business, for fair consideration and on terms no less favorable to it or its Subsidiaries than would be obtainable in a comparable arm’s length transaction with a Person that is not an Affiliate thereof.

assistant: Transactions With Affiliates
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 summary judgment, Cadet filed her motion for summary judgment, which the trial court granted. Hence this appeal. If the McClain Agency was an insurance agent for Amstar, as Cadet claims, then the McClain Agency’s acceptance of the premium payments from Cadet after the policy was cancelled can be attributed to Amstar and may estop Amstar from asserting cancellation as a defense. But if, as Amstar argues, the McClain Agency was a broker, which generally acts as an agent for the insured, the McClain Agency’s continued acceptance of the premium payments would not be attributable to Amstar unless it acted in the dual role as a statutory, actual or apparent agent for Amstar for purposes of accepting the premium payments. See Almerico v. RLI Ins. Co., 716 So.2d 774, 776-77 (Fla.1998) (<HOLDING>) (citations omitted); see also Options: A. holding that a broker may be a statutory agent for an insurance company pursuant to section 626842 florida statutes 1989 or be clothed with actual or apparent authority so that the brokers acts may be binding on the insurance company B. holding that authority with which the 1983 defendant is clothed may be actual or apparent C. holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract D. holding that insurance broker is generally agent of insured E. holding that even if an insurance broker is the agent of the insurance company for purposes of soliciting and procuring the policy that would not necessarily make the broker the agent of the insurance company for the purpose of receiving notice of suits and claims

assistant: The best answer is A. holding that a broker may be a statutory agent for an insurance company pursuant to section 626842 florida statutes 1989 or be clothed with actual or apparent authority so that the brokers acts may be binding on the insurance company
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 Company will, and will cause each of the Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. The Company will maintain in effect and enforce policies and procedures designed to ensure compliance by the Company, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws, Anti-Money Laundering 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: This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. Delivery of an executed signature page of this Agreement by facsimile or electronic transmission shall be effective as delivery of a manually executed counterpart hereof.

assistant: Counterparts
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: same-sex couples are equal.”); see also Watkins v. U.S. Army, 875 F.2d 699, 725 (9th Cir.1989) (“Sexual orientation plainly has no relevance to a person’s ability to perform or contribute to society.”) Plaintiffs also contend sexual orientation is immutable. As the Supreme Court acknowledged, sexual orientation is so fundamental to a person’s identity that one ought not be forced to choose between one’s sexual orientation and one’s rights as an individual — even if one could make a choice. Lawrence, 539 U.S. at 576-77, 123 S.Ct. 2472 (recognizing that individual decisions by consenting adults concerning the intimacies of their physical relationships are “an integral part of human freedom”). Many federal courts agree with Plaintiffs’ assertion. See, e.g., Perry, 704 F.Supp.2d at 964-66 (<HOLDING>); Hernandez-Montiel v. INS, 225 F.3d 1084, 1093 Options: A. holding sexual orientation is fundamental to a persons identity B. holding that title vii does not protect employees from harassment based on sexual orientation C. holding that allegations of discrimination on the basis of sexual orientation necessarily state a claim of discrimination on the basis of sex D. holding that sexual orientation and sexual identity are immutable E. recognizing harassment claim under equal protection clause based on sexual orientation

assistant: The best answer is A. holding sexual orientation is fundamental to a persons identity
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 binding upon and inure to the benefit of the heirs and representatives of the Executive and the successors and assigns of the Bank and the Company. The Bank and the Company shall require any successor (whether direct or indirect, by purchase, merger, reorganization, consolidation, acquisition of property or stock, liquidation, or otherwise) to all or a substantial portion of its assets, by agreement in form and substance reasonably satisfactory to the Executive, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Bank and the Company would be required to perform this Agreement if no such succession had taken place. Regardless of whether such an agreement is executed, this Agreement shall be binding upon any successor of the Bank and the Company in accordance with the operation of law, and such successor shall be deemed the “Bank” or the “Company,” as appropriate, for purposes of this Agreement.

assistant: Binding Effects
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: Bruce Lee Scott challenges his 18-year aggravated sentence for second degree murder. His claim is that his Sixth Amendment rights were violated because the trial judge, and not a jury, found statutory aggravating factors and increased his sentence beyond the presumptive one, citing Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The district court denied the petition, holding that Scott had procedurally defaulted on the Apprendi claim under Ariz. R.Crim. P. 32.2(a)(3). 1. The right Scott seeks to invoke was not clearly established until Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), a decision announcing a new constitutional rule of criminal procedure. See Schardt v. Payne, 414 F.3d 1025, 1038 (9th Cir.2005) (<HOLDING>). In Blakely, the Court applied Apprendi to a Options: A. holding that the act is retroactive B. holding retroactive application C. holding that blakely did not apply to a case that was final but not on direct review when blakely was decided and in which the trial court later allowed a belated appeal D. holding blakely not retroactive E. holding that the act is not retroactive

assistant: The best answer is D. holding blakely not retroactive
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 attractive nuisance. See, eg., Thomas v. Hansen, 2013 WL 4590634 (D.Utah 2013); Hill v. National Grid, 11 A.3d 110 (R.1.2011); Craig v. Bailey Bros. Realty, Inc., 304 Ga.App. 794, 697 S.E.2d 888 (2010); MacVane v. S.D. Warren Co., LLC, 641 F.Supp.2d 54 (D.Me.2009); McDaniels v. Sovereign Homes, 2006 WL 3365499 (Ohio App. 10 Dist.2006); Butler v. Newark County Country Club, 909 A.2d 111 (Del.Supr.2006); Lieding v. Blackledge, 2004 WL 1078981 (Mich.App.2004); Mason v. City of Mt. Sterling, 122 S.W.3d 500 (Ky.2003). 4 . As we have recognized, in section 13-21-115(3)(b), the General Assembly departed from the common law's "know or reason to know" formulation of licensee by adopting an actual knowledge standard. Larrieu v. Best Buy Stores, L.P., 2013 CO 38, ¶ 29, 303 P.3d 558, 565, n. 9 (<HOLDING>). Section 13-21-115(3)(b)'s actual knowledge Options: A. recognizing that our statute represents a substantial departure from the common law where landowners owed licensees a duty of care regardless of whether they had actual or constructive knowledge of dangers B. holding that a general contractor owed no duty to an employee of a subcontractor to warn of dangers of electrocution C. recognizing duty of care owed by business invitor to invitee D. holding that liability must be determined by the common law standards governing the duty of landowners to invitees E. recognizing under illinois law that pharmaceutical manufacturer has duty to warn of any dangers associated with offlabel use of product if such dangers were reasonably known

assistant: The best answer is A. recognizing that our statute represents a substantial departure from the common law where landowners owed licensees a duty of care regardless of whether they had actual or constructive knowledge of dangers
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 parties agree that certain matters in which the Executive will be involved during the Term may necessitate the Executive’s cooperation in the future. Accordingly, following the termination of the Executive’s employment for any reason (except in the event of the Executive’s death), to the extent reasonably requested by the Board or the President/Chief Executive Officer of Holdings, the Executive shall cooperate with the Company in connection with matters arising out of the Executive’s service to the Company; provided that , the Company shall make reasonable efforts to minimize disruption of the Executive’s other activities. The Company shall reimburse the Executive for reasonable expenses incurred in connection with such cooperation and, to the extent that the Executive is required to spend substantial time on such matters, the Company shall compensate the Executive at an hourly rate based on the Executive’s Base Salary on the Termination Date.

assistant: Cooperation
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: The definition is not useful in resolving whether residency is an employment qualification as opposed to some other type of employment requirement. 7 . In St. Louis Fire Fighters Ass’n, the City chose to make its firefighters’ salaries dependent on the salary given to police employees under state law. Because this was a decision by the City as to salary, it did not constitute an impermissible legislative arrogation of power or an improper delegation of city authority to set compensation to the legislature. The legislature, this Court stated, "has not sought to require that firemen be hired, or to provide their duties, or fix their compensation. The general assembly has done nothing to violate art. VI, s[ec] 22.” Id. at 461. 8 . See also Cohen v. Poelker, 520 S.W.2d 50 (Mo. banc 1975) (<HOLDING>). 9 . In situations in which the question of Options: A. recognizing that intent of public records act is to provide all citizens with access to the records of all public governmental bodies B. holding that chapter 610 rsmo which requires public governmental bodies to open their meetings to the public when conducting the peoples business does not violate the home rule law because it does not regulate powers duties or compensation C. holding section 625 only requires a showing that the conduct was done in a place that is open to the public or where the public has a right to be D. holding texas open meeting act prohibiting governmental body from conducting closed meetings during which public business or public policy over which the governmental body has supervision or control is discussed to be contentneutral because closed meetings 1 prevent transparency 2 encourage fraud and corruption and 3 foster mistrust in government E. holding that motorcycle training course is not a matter of public necessity and release does not violate public policy

assistant: The best answer is B. holding that chapter 610 rsmo which requires public governmental bodies to open their meetings to the public when conducting the peoples business does not violate the home rule law because it does not regulate powers duties or compensation
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: Upon receipt or delivery by the Company of any notice in accordance with the terms of this Note, unless the Company has in good faith determined that the matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries, the Company shall within one (1) Business Day after any such receipt or delivery publicly disclose such material, non-public information on a Current Report on Form 8-K or otherwise. In the event that the Company believes that a notice contains material, non-public information relating to the Company or any of its Subsidiaries, the Company so shall indicate to the Holder contemporaneously with delivery of such notice, and in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries. If the Company or any of its Subsidiaries provides material non-public information to the Holder that is not simultaneously filed in a Current Report on Form 8-K and the Holder has not agreed to receive such material non-public information, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents with respect to, or a duty to any of the foregoing not to trade on the basis of, such material non-public information. Nothing contained in this Section 31 shall limit any obligations of the Company, or any rights of the Holder, under Section 4(i) of the Securities Purchase Agreement.

assistant: Disclosures
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 Amendment may be executed and delivered in any number of counterparts, each of which, when executed and delivered, shall be deemed an original, and all of which together shall constitute the same agreement. Delivery of an executed copy of this Amendment shall be deemed to be a certification by each person executing this Amendment on behalf of a party hereto that such person and party hereto has been duly authorized and empowered to execute and deliver this Amendment and each other party hereto may rely on such certification. Delivery of any executed signature page of this Amendment by telecopier, facsimile or electronic mail shall be as effective as delivery of a manually executed signature page of this Amendment.

assistant: Counterparts
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 Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of the Company or any Subsidiary or any order of any Governmental Authority, (c) will not violate or result in a default under any indenture, material agreement or other material instrument binding upon the Company or any Borrowing Subsidiary or its assets, or give rise to a right thereunder to require any payment to be made by the Company or any Borrowing Subsidiary, and (d) will not result in the creation or imposition of any Lien on any asset of the Company or any Borrowing Subsidiary.

assistant: No Conflicts