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: incriminating. Id. at 36, 120 S.Ct. 2037. In that case, the production itself communicated a “statement[ ] of fact”; it proved that the documents existed, were authentic, and were in the custody of the producer. Id. at 36,120 S.Ct. 2037 (citation and internal quotation marks omitted). There, the Supreme Court held that the physical production was a violation of the Fifth Amendment because the preparation of the produced documents was the only means through which the government obtained the evidence which led to the indictment. Id. at 42-43,120 S.Ct. 2037. This case, however, is more akin to the physical trait cases. Tattoos which are openly visible on the body are physical traits, as are voice, appearance, and handwriting. See United States v. Bay, 762 F.2d 1314, 1815-16 (9th Cir.1984) (<HOLDING>). Cf. United States v. Williams, 461 F.3d 441, Options: A. holding that a defendant need not take the stand to be able to show the jury the tattoos on his hands which were an openly visible physical characteristic B. holding that an officer stopped the defendant when he ordered the defendant to take his hand out of his pocket C. holding that the jury need not be specifically instructed to find whether there is a connection between the defendant the weapon and the crime D. holding that the failure to inform the defendant of his right to a sixperson jury and the failure to consult the defendant as to his wishes was an error for which a new trial was the only remedy E. holding that confession was coerced because it was prompted by a credible threat of physical violence where official told defendant that defendant was in danger of physical harm at hands of other inmates and offered to protect defendant in exchange for a confession

assistant: The best answer is A. holding that a defendant need not take the stand to be able to show the jury the tattoos on his hands which were an openly visible physical characteristic
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 the court, under the guise of judicial restraint, reverses on a motion for reconsideration of our decision in State v. Aalim, 150 Ohio St.3d 463, 2016-Ohio-8278, 83 N.E.3d 862 (“Aalim I”). But make no mistake: the court’s decision approves the arbitrary deprivation of access to the juvenile system and what should be the sine qua non of juvenile-transfer hearings—the determination whether the juvenile is amenable to rehabilitation. The majority does so by affording blind deference to the legislature, ignoring the requirements of due process and fairness, and artificially constraining the United States Supreme Court’s commands that we must consider juvenile offenders differently than adult offenders, see Miller v. Alabama, 567 U.S. 460, 470, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) (<HOLDING>); J.D.B. v. North Carolina, 564 U.S. 261, 265, Options: A. holding that life without parole sentences for nonhomicide offenses violates the eighth amendment B. holding that the eighth amendment forbids life without the possibility of parole for a juvenile who commits a nonhomicide offense C. holding that sentences imposing mandatory life imprisonment without the possibility of parole on individuals who committed their crimes when under the age of 18 violates the eighth amendment to the united states constitution D. holding that mandatory life imprisonment without parole for those under the age of eighteen at the time of their crimes violates eighth amendment E. holding that the execution of individuals who were under 18 years of age at the time they committed capital crimes violates the eighth and fourteenth amendments to the united states constitution

assistant: The best answer is C. holding that sentences imposing mandatory life imprisonment without the possibility of parole on individuals who committed their crimes when under the age of 18 violates the eighth amendment to the united states constitution
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: Neither the Company nor any of its Subsidiaries has employed any broker or finder or incurred any liability for any financial advisory fee, brokerage fees, commissions or finder’s fee, and no broker or finder has acted directly or indirectly for the Company or any of its Subsidiaries in connection with this Agreement or the transactions contemplated hereby.

assistant: Brokers
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 executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract, and shall become effective as provided in Section 13. Delivery of an executed signature page to this Agreement by facsimile or other electronic imaging, if arrangements for doing so have been approved by the Administrative Agent, shall be as effective as delivery of a manually executed counterpart of this 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 legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged, including, but not limited to, directors and officers insurance coverage. Neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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: The parties desire to enter into this Guaranty in order to amend and restate the Existing Guaranty in its entirety. The amendment and restatement of the Existing Guaranty shall become effective on the date hereof, and the Guarantor shall hereafter be bound by the terms and conditions of this Guaranty and the other Program Agreements. This Guaranty amends and restates the terms and conditions of the Existing Guaranty, and is not a novation of any of the agreements or obligations incurred pursuant to the terms of the Existing Guaranty. Accordingly, all of the agreements and obligations incurred pursuant to the terms of the Existing Guaranty are hereby ratified and affirmed by the parties hereto and remain in full force and effect. All references to the Existing Guaranty in any Program Agreement or other document or instrument delivered in connection therewith shall be deemed to refer to this Guaranty and the provisions hereof. This Guaranty may be amended from time to time only by written agreement of the Guarantor and the Administrative Agent.

assistant: Amendments
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: projects.main. With slight modifications not relevant here, § 5(3) of the Third Restatement reflects the same principles as § 552 of the Second Restatement. See Third Restatement § 5 cmt. a (“[This section] is based on the logic of Restatement Second, Torts § 552, which a majority of states have adopted. The black letter of this Section, which covers liability for negligent statements, repeats § 552 with small changes.”). In this dissent, I draw upon both of these provisions and their associated comments and illustrations. 11 Plaintiffs in this ease do not claim that they relied on the actions of a state agency or other third party that, in turn, relied on the misrepresentations. See, e.g., In re Sofamor Danek Grp., Inc., 123 F.3d 394, 403-04 (6th Cir. 1997) (<HOLDING>); Goldman Servs. Meek Contracting, Inc. v. Options: A. holding that plaintiffs respa claim failed as a matter of law where it did not allege actual damages B. holding that plaintiffs did not allege actual reliance on defendants misrepresentations and thus could not rely on 552 of the second restatement where plaintiffs proffered only fraudonthemarket theory alleging that defendants negligent misrepresentations affected market prices which induced plaintiffs to enter into certain transactions C. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage D. holding that promises of future conduct are not actionable as negligent misrepresentations E. holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment

assistant: The best answer is B. holding that plaintiffs did not allege actual reliance on defendants misrepresentations and thus could not rely on 552 of the second restatement where plaintiffs proffered only fraudonthemarket theory alleging that defendants negligent misrepresentations affected market prices which induced plaintiffs to enter into certain transactions
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 obligations in this Section 10.3 shall survive payment of all other Obligations pursuant to Section 12.8 . At the election of any Indemnified Person, Borrower shall defend such Indemnified Person using legal counsel satisfactory to such Indemnified Person in such Person’s reasonable discretion, at the sole cost and expense of Borrower but subject to the limitation set forth above. All amounts owing under this Section 10.3 shall be paid within thirty (30) days after written demand.

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 legal provision and list the applicable contract clause categories. Provision: All payments owing hereunder shall be in lawful money of the United States of America or Conversion Shares (as defined below), as provided for herein, and delivered to Lender at the address or bank account furnished to Borrower for that purpose. All payments shall be applied first to (a) costs of collection, if any, then to (b) fees and charges, if any, then to (c) accrued and unpaid interest, and thereafter, to (d) principal.

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: when working a case. See United States v. Ventresca, 380 U.S. 102, 111, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965) ("Observations of fellow officers of the Government engaged in a common investigation are plainly a reliable basis for a warrant applied for by one of their number."). As such, "[Where law enforcement authorities are cooperating in an investigation, ... the knowledge of one is presumed shared by all." Illinois v. Andreas, 463 U.S. 765, 77l n. 5, 103 S.Ct. 3319, 77 LEd.2d 1003 (1983). In some situations, however, the police expand the scope of their investigation to include other officers not currently on seene. In those scenarios, the fellow officer rule operates to integrate those outside officers and make them part of the coordinated investigation. See Arias, 159 P.8d at 189-40 (<HOLDING>). 115 Specifically, we have previously held Options: A. recognizing general rule B. recognizing that the fellow officer rule functions to include officers outside the common investigation C. holding that a mayor although the executive officer may still have legislative functions D. recognizing rule E. recognizing this rule

assistant: The best answer is B. recognizing that the fellow officer rule functions to include officers outside the common investigation
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: require that the search be necessary to confirm the suspicion of impermissible activity, or that it cease once the suspicion has been confirmed.” United States v. Conway, 122 F.3d 841, 843 (9th Cir.1997). The district court did not err when it denied the motion to suppress based on Lee’s contention that the warrant lacked probable cause. We express no opinion on whether the warrant application established probable cause, although two of our recent decisions suggest that it was sufficient. See United States v. Hill, 459 F.3d 966 (9th Cir.2006); United States v. Battershell, 457 F.3d 1048 (9th Cir.2006). We instead hold that it is clear in this case that the officers relied on the warrant in good faith. See United States v. Leon, 468 U.S. 897, 926, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984) (<HOLDING>). Lee also challenges the sufficiency of the Options: A. holding that a warrant issued by a neutral magistrate creates presumption that officers belief in probable cause was objectively reasonable B. holding that evidence obtained in objectively reasonable reliance on a subsequently invalidated search warrant is not barred by the exclusionary rule C. holding exclusionary rule inapplicable to evidence obtained by police officers acting in reasonable reliance on search warrant later held invalid D. holding that evidence should not be suppressed if police officers acted in reasonable reliance on a search warrant issued by a detached and neutral magistrate E. holding that the fourth amendment exclusionary rule should not bar the use of evidence obtained by police officers acting in good faith and with reasonable reliance on a facially valid search warrant

assistant: The best answer is D. holding that evidence should not be suppressed if police officers acted in reasonable reliance on a search warrant issued by a detached and neutral magistrate
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: powder and a ten-year minimum sentence for trafficking 50 grams of cocaine base or 5,000 grams of cocaine powder. However, as observed by the Supreme Court, unlike the sentencing guidelines as a whole, the Commission “did not use [an] empirical approach in developing the Guidelines sentences for drug-trafficking offenses.” Kimbrough v. United States, 552 U.S. 85, 96, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007). As Judge Myron Bright stated, “[t]his lack of an empirical approach to the creation of guidelines for crack cocaine counsels against according controlling, or even significant, weight to the guidelines.” United States v. Brewer, 624 F.3d 900, 912 (8th Cir.2010) (Judge Bright, concurring in part and dissenting in part) (citing United States v. Dorvee, 616 F.3d 174, 187-88 (2d Cir.2010) (<HOLDING>)). See also Global Commission on Drug Policy, Options: A. holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning B. holding that the district court was entitled to deference in its application of 4b12 of the sentencing guidelines in a case where the underlying facts were undisputed C. holding that there is no acrosstheboard prescription regarding the appropriate deference to give the guidelines but that a district court may have good reason to follow the guidelines in a particular case D. holding that a predominance finding depends on a courts choice of law analysis E. holding that the burden is on the defendant when the validity of the warrant is challenged

assistant: The best answer is A. holding that deference to the guidelines depends on the thoroughness of the commissions analysis and the validity of its reasoning
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: 1031 (D.C.Cir.1974), rev’d sub nom. FAA v. Robertson, 422 U.S. 255, 95 S.Ct. 2140, 45 L.Ed.2d 164 (1975). Congress then enacted § 1357(d)(2), but only after adding the “notwithstanding” clause. That occurred before the Supreme Court’s decision in FAA v. Robertson, 422 U.S. 255, 95 S.Ct. 2140, 45 L.Ed.2d 164 (1975), superseded in part by statute, Pub.L. No. 94-409, 90 Stat. 1242 (1976) (codified at 5 U.S.C. § 552b(c)(3)), which held that the FAA may withhold information, as required by the public interest, under FOIA Exemption 3. At that time, several lower courts, as previously stated, were of the contrary view, and Congress was presumptively aware of those lower court decisions. See Cannon v. University of Chicago, 441 U.S. 677, 696-97, 99 S.Ct. 1946, 1957-58, 60 L.Ed.2d 560 (1979) (<HOLDING>). We have little doubt that Congress added the Options: A. holding that a party relying on foreign law must plead and prove it and partys failure to do so entitles court to assume that foreign law is the same as forum law B. holding that it is always appropriate to assume that our elected representatives like other citizens know the law C. holding citizens lacked standing to challenge statute when all citizens affected in the same way D. holding that the district court is required to know which law will apply before it makes its predominance determination E. holding that where the party does know that the filing and signing is sic wrongful and the attorney reasonably should know then sanctions against both are appropriate

assistant: The best answer is B. holding that it is always appropriate to assume that our elected representatives like other citizens know the law
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 state argues, defendant has not preserved his second assignment of error. We disagree. In making his motion for judgment of acquittal, defendant specifically argued that the state had failed to establish that he had been released pursuant to a release agreement, as the term is defined by ORS 135.230. That reference, coupled with the specific argument supporting his motion in limine, was sufficient to preserve the claim of error for appeal. Not only did defendant, in making his motion for a judgment of acquittal, raise before the trial court the issue that he raises on appeal, he also cited the correct source of statutory authority, and he previously had alerted the court to the specific argument that he makes on appeal. See State v. Hitz, 307 Or 183, 188, 766 P2d 373 (1988) (<HOLDING>). Finally, where we have concluded that the Options: A. holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency B. holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on appeal C. recognizing that the third factor permanence is the most important D. holding that an issue not raised in the trial court cannot be raised for the first time on appeal E. recognizing that the most important factor in determining whether a governmental entity is entitled to eleventh amendment immunity is whether a judgment against it would be paid from the state treasury

assistant: The best answer is B. holding that the most important factor in the preservation hierarchy is whether the relevant issue was raised in the trial court and the least important factor is whether the appellant alerted the trial court to the specific argument raised on 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 case excerpt and choose the best holding from the options. Case excerpt: must determine the constitutionality of Linn State’s suspi-cionless drug testing policy as-applied. This distinction is significant — we analyze facial challenges broadly to determine whether a statute or policy as written is constitutional under most circumstances whereas we evaluate as-applied challenges by applying the statute or policy to the particular person in their particular circumstance to determine constitutionality. See, e.g., Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 449, 128 S.Ct. 1184, 170 L.Ed.2d 151 (2008) (“[A] plaintiff can only succeed in a facial challenge by establishing] that no set of circumstances exists under which the Act would be valid.”) (internal quotations omitted); United States v. Stephens, 594 F.3d 1033, 1039-40 (8th Cir.2010) (<HOLDING>). The facts of this case exemplify why the Options: A. holding that a complaint must contain enough facts to state a claim to relief that is plausible on its face B. holding defendant failed to rebut statutory presumption where evidence was not particular to the facts and circumstances of the case C. holding that a complaint must contain only enough facts to state a claim to relief that is plausible on its face D. holding that courts of appeals should review the facts necessary to determine whether an exemption to the flsa applies in a particular under the clearly erroneous standard E. holding the record did not contain enough facts to determine whether the statute was constitutional as applied to the particular facts and circumstances of the case

assistant: The best answer is E. holding the record did not contain enough facts to determine whether the statute was constitutional as applied to the particular facts and circumstances of the case
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 natural person signing this Agreement for or on behalf of any entity that is a Party to this Agreement does, by his signature, warrant and represent to the other Party to this Agreement: (a) that he is duly authorized by said entity to undertake such action on its behalf; (b) that all corporate or other action necessary to be taken by such entity to provide the authorization and to approve and authorize such entity to enter into and to perform this Agreement has been taken; (c) that his signature is the valid and binding act of that entity; and (d) that such entity is not the subject of any contract, order, or other document that would restrict such entity's authority to lawfully enter into and to perform this Agreement, and such entity has full power and authority to do so. Each natural person signing this Agreement on his own behalf represents and warrants to the Parties that he has full power and authority to execute and to perform this Agreement and that he is not the subject of any contract, order, or other document that would restrict his authority to lawfully enter into and to perform this Agreement. Licensee warrants and represents that it has not sublicensed, assigned, encumbered or otherwise transferred the Technology or any Derivative Work to any person or entity other than Sublicensee, Top Tier Labs, Inc., River Rock, LaConte's, and Rocky Road Aurora, and that Licensee has no knowledge of Sublicensee's sublicense, assignment, encumbrance or other transfer of the Technology or any Derivative Work. Licensee further warrants and represents that (i) Top Tier Labs, Inc. has assisted Licensee in building Derivative Works on front-end and back-end enhancements and to address bug fixes, (ii) Top Tier's access to the Technology has at all times been subject to the provisions of a Professional Services Agreement, having an effective date of February 19, 2015, pursuant to which Top Tier disclaimed all rights in the Technology, and (iii) that River Rock, LaConte's, and Rocky Road Aurora have had subscriber-only access to the Technology.

assistant: Authorizations
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: Notwithstanding any provision herein to the contrary, the Company may require that, prior to payment, distribution or other benefit under this Agreement (other than due to Employee's death), Employee shall have executed a complete release of the Company and its affiliates and related parties in such form as is reasonably required by the Company, any waiting periods contained in such release shall have expired. With respect to any release required to receive payments, distributions or other benefits owed pursuant to this Agreement, the Company must provide Employee with the form of release no later than seven (7) days after the Date of Termination and the release must be signed by Employee and returned to the Company, unchanged, effective and irrevocable, no later than sixty (60) days after the Date of Termination.

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: F.2d 1101 (7th Cir.1984)). Menasha’s new theory for its Section 1 claims could be rejected on this basis alone. More importantly, judged on the merits, Menasha’s theory of a horizontal conspiracy simply doesn’t hold water. Menasha points to no evidence in the record from which a jury could reasonably find that there existed a “conscious commitment to a common scheme designed to achieve an unlawful objective.” Monsanto Co. v. Spray-Rite Service Corp., 465 U.S. 752, 768, 104 S.Ct. 1464, 79 L.Ed.2d 775 (1984). The mere fact that large numbers of retailers agreed to News America’s exclusive contracts is not sufficient to support an inference of a horizontal agreement among retailers, and is clearly insufficient to allow it to proceed to trial on this theory. Cf. Id. at 768, 104 S.Ct. 1464 (<HOLDING>). Moreover, the agreements at issue in this Options: A. holding that since the statute makes motive critical a petitioner must provide some evidence of it direct or circumstantial B. holding that the applicant must provide some evidence direct or circumstantial that the persecutor was or would be motivated to persecute him because of a protected ground C. holding circumstantial evidence has equivalent standing to direct evidence in criminal prosecution D. holding that a plaintiff must adduce either direct or circumstantial evidence reveling a unity of purpose or a common design and understanding E. holding that direct and circumstantial evidence are to be given the same weight when reviewing the sufficiency of the evidence

assistant: The best answer is D. holding that a plaintiff must adduce either direct or circumstantial evidence reveling a unity of purpose or a common design and understanding
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: 1, 1975.” The district court concluded that section 1144, despite its express limitation to preemption questions, also acted as an implicit restraint on ERISA’s jurisdictional authorization. The district court held that if the critical acts occurred before 1975, ERISA would not have preemptive force and federal subject matter jurisdiction would not exist. Turning to the question of when the critical acts occurred, the court concluded that the acts occurred before 1975. Lee contends: (1) that the district court erred in <HOLDING>, and (2) that, in any event, the critical acts occurred after January 1,1975. We disagree with Lee on both points and affirm the trial court’s decision. There is no dispute that L d 838, 840-41 (1st Cir.1981) (<HOLDING>). Menhom is the law of this circuit, however, Options: A. holding that duration of limitation is a factor in determining whether limitation is significant B. holding immunity from liability is not jurisdictional C. holding time limitation on statement of costs is not jurisdictional and late filing is within courts discretion D. holding that section 1144 is a jurisdictional limitation E. holding that exhaustion of issues is jurisdictional

assistant: The best answer is D. holding that section 1144 is a jurisdictional limitation
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 PARTIES HERETO CONSENTS TO THE JURISDICTION OF ANY STATE OR FEDERAL COURT LOCATED WITHIN THE STATE OF NEW YORK AND IRREVOCABLY AGREES THAT ALL ACTIONS OR PROCEEDINGS RELATING TO THIS AGREEMENT, THE ACQUISITION OR THE OTHER TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT MAY BE LITIGATED IN SUCH COURTS. EACH OF THE PARTIES HERETO ACCEPTS FOR ITSELF AND IN CONNECTION WITH ITS RESPECTIVE PROPERTIES, GENERALLY AND UNCONDITIONALLY, THE EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS AND WAIVES ANY DEFENSE OF FORUM NON CONVENIENS , AND IRREVOCABLY AGREES TO BE BOUND BY ANY FINAL AND NONAPPEALABLE JUDGMENT RENDERED THEREBY IN CONNECTION WITH THIS AGREEMENT, THE ACQUISITION OR THE OTHER TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT. EACH OF THE PARTIES HERETO FURTHER IRREVOCABLY CONSENTS TO THE SERVICE OF PROCESS OUT OF ANY OF THE AFOREMENTIONED COURTS IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES THEREOF BY REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, TO SUCH PARTY AT THE ADDRESS SPECIFIED IN THIS AGREEMENT, SUCH SERVICE TO BECOME EFFECTIVE 15 CALENDAR DAYS AFTER SUCH MAILING. NOTHING HEREIN WILL IN ANY WAY BE DEEMED TO LIMIT THE ABILITY OF ANY PARTY HERETO TO SERVE ANY SUCH LEGAL PROCESS, SUMMONS, NOTICES AND DOCUMENTS IN ANY OTHER MANNER PERMITTED BY APPLICABLE LAW OR TO OBTAIN JURISDICTION OVER OR TO BRING ACTIONS, SUITS OR PROCEEDINGS AGAINST ANY OTHER PARTY HERETO IN SUCH OTHER JURISDICTIONS, AND IN SUCH MANNER, AS MAY BE PERMITTED BY ANY APPLICABLE LAW.

assistant: Consent To Jurisdiction
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 Seller shall treat and hold as confidential all information concerning the business and affairs of Target and Buyer that is not already generally available to the public (the “ Confidential Information ”), refrain from using any of the Confidential Information except in connection with this Agreement or as necessary in his capacity and within the scope of his authority as a director and employee of Target, as applicable, and, at the request and option of Buyer, deliver promptly to Buyer or destroy all tangible embodiments (and all copies) of Confidential Information that are in his possession. In the event that any Seller is compelled under applicable Law, including by a subpoena or other legal process, to disclose any Confidential Information, the Seller shall promptly notify Buyer in writing (unless such notice is prohibited by applicable Law) and cooperate with Buyer in any lawful effort to contest the validity or scope of such subpoena or other legal process. In the event that a protective order or other remedy is not obtained, or Buyer does not contest the compelled disclosure, the Seller may disclose only that portion of the Confidential Information that is legally required to be disclosed and the Seller shall use his reasonable best efforts to obtain confidential treatment for any Confidential Information that is so disclosed. Any disclosure made under this Section shall not affect the confidential nature of the information disclosed.

assistant: Confidentiality
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: including: (11) For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains. (12) For bulk distribution for surveys, marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains. (13) For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. 3 . Defendants' argument that there was conflicting state law is unavailing. The law was clear at the relevant time that the DPPA preempted any conflicting state law that regulates the dissemination of motor vehicle record information. Condon, 528 U.S. at 151, 120 S.Ct. 666 (<HOLDING>). Accordingly, Defendants were bound to follow Options: A. holding that assault conviction for driving a motor vehicle under the influence of alcohol and causing serious bodily injury to the person of another with the motor vehicle qualified as a crime of violence under ussg 4b12a B. holding that plaintiffs had constitutional standing where plaintiffs alleged that defendant engaged in bulk compilation and distribution of their personal information contained in motor vehicle records in violation of the drivers privacy protection act dppa 18 usc 2722 C. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle D. holding that the statutory definition of motor vehicle is not controlling E. holding that the dppa regulates the states as the owners of data bases and regulates the universe of entities that participate as suppliers to the market for motor vehicle information

assistant: The best answer is E. holding that the dppa regulates the states as the owners of data bases and regulates the universe of entities that participate as suppliers to the market for motor vehicle information
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, whenever it is provided herein that any notice, demand, request, consent, approval, declaration or other communication shall or may be given to or served upon any of the parties by any other party, or whenever any of the parties desires to give and serve upon any other party any communication with respect to this Security Agreement, each such notice, demand, request, consent, approval, declaration or other communication shall be in writing and shall be given in the manner, and deemed received, as provided for in 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 case excerpt and choose the best holding from the options. Case excerpt: state law that required parents to send their children to a public school for a period of time because it “unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control”); Wisconsin v. Yoder, 406 U.S. 205, 232, 92 S.Ct. 1526, 32 L.Ed.2d 15 (1972) (finding that “primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”); Zelman v. Simmons-Harris, 536 U.S. 639, 680 n. 5, 122 S.Ct. 2460, 153 L.Ed.2d 604 (2002) (Thomas, J., concurring) (emphasizing that “[t]his Court has held that parents have the fundamental liberty to choose how and in what manner to educate their children”); Ohio Ass’n of Indep. Sch. v. Goff, 92 F.3d 419, 422 (6th Cir.1996) (<HOLDING>); Johnson v. City of Cincinnati, 310 F.3d 484, Options: A. holding that a defendant has a constitutional right to counsel as a matter of right on direct appeal B. holding that while parents may not bring a title ix claim as individuals they may bring such claim on behalf of a deceased child C. holding that liberty includes the right of parents to establish a home and bring up children and to control the education of their own D. recognizing that because parents have a constitutional right to direct their childrens education organization has standing to bring claim on behalf of parents E. recognizing fundamental right of parents to care for their children

assistant: The best answer is D. recognizing that because parents have a constitutional right to direct their childrens education organization has standing to bring claim on behalf of parents
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 construed in accordance with the laws of the State of Delaware, without reference to its conflicts of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.

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: The parties agree if any controversy or claim shall arise out of this Agreement or the breach hereof (other than claims (a) for equitable relief, including specific performance, injunctive relief or temporary restraining orders or (b) enforcing this Section 17 or an arbitration award granted in accordance herewith), and either party shall request that the matter be settled by arbitration the matter shall be settled exclusively by final and binding arbitration before JAMS (or its successor pursuant to the United States Arbitration Act, 9 U.S.C. Section 1 et seq.) in accordance with the provisions of JAMS’ Streamlined Arbitration Rules and Procedures in effect at such time, by a single arbitrator, if the parties shall agree upon one, or by one arbitrator appointee by each party and a third arbitrator appointed by the other arbitrators. In case of any failure of a party to make an appointment referred to above within two (2) weeks after written notice of controversy, such appointment shall be made by JAMS. All arbitration proceedings shall be held in the City of Los Angeles, and each party agrees to comply in all respects with any award made in such proceeding and to the entry of a judgment in any jurisdiction upon any award rendered in such proceeding.

assistant: Arbitration
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: Neither Seller nor any of its Subsidiaries is a party to any agreement, instrument or indenture, or subject to any restriction, that has, or could reasonably be expected to have, a Material Adverse Effect. None of Seller’s Subsidiaries is subject to any dividend restriction imposed by a Governmental Authority other than those under applicable statutory law. Neither Seller nor any of its Subsidiaries is in default in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement, instrument or indenture which default could reasonably be expected to result in a Material Adverse Effect. No holder of any Debt of Seller or of any of its Subsidiaries has given notice of any alleged default thereunder, or, if given, the same has been cured or will be cured by Seller or the relevant Subsidiary within the cure period provided therein. No Act of Insolvency with respect to Seller, any of its Subsidiaries or Guarantor, or any of their respective properties is pending, contemplated or, to the knowledge of Seller, threatened.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: The Credit Parties agree, whether or not the transactions hereby contemplated are consummated, on demand to pay, or reimburse the Facility Agent, the Security Trustee and the Lenders for payment of, (i) the reasonable expenses of the Facility Agent, the Security Trustee and the Lenders incident to said transactions (and in connection with any supplements, amendments, waivers or consents relating thereto or incurred in connection with the enforcement or defense of any of the Creditors’ rights or remedies with respect thereto or in the preservation of the Creditors’ priorities under the documentation executed and delivered in connection therewith), including, without limitation, all costs and expenses of preparation, negotiation, execution and administration of this Agreement and the documents referred to herein, the reasonable and documented fees and disbursements of Lenders’ counsel in connection therewith, as well as the fees and expenses of any independent appraisers, surveyors, engineers, inspectors and other consultants retained by a Lender in connection with this Agreement and the transactions contemplated hereby and under the Security Documents, (ii) all costs and expenses, if any, in connection with the enforcement of this Agreement, the Note and the Security Documents and (iii) stamp and other similar taxes, if any, incident to the execution and delivery of the documents (including, without limitation, the Note) herein contemplated and to hold the Facility Agent, the Security Trustee and the Lenders free and harmless in connection with any liability arising from the nonpayment of any such stamp or other similar taxes. Such stamp or other similar taxes and, if any, interest and penalties related thereto as may become payable after the Closing Date shall be paid immediately by the Borrower to the Facility Agent, the Security Trustee or the Lenders, as applicable, when liability therefor is no longer contested by the Facility Agent, the Security Trustee or the Lenders or reimbursed immediately by the Borrower to the Facility Agent, the Security Trustee or the Lenders after payment thereof (if the Facility Agent, the Security Trustee of the Lenders, in their sole discretion, choose to make such payment).

assistant: Expenses
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 contains the entire understanding between the parties and supersedes any prior understanding or agreement between them respecting the subject matter hereof. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein.

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 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 (including the FCC, the FAA or any other Licensing Authority), except such as have been obtained or made and are in full force and effect (or, in the case of filings to be made by the Borrower under the Exchange Act, such as shall be made substantially concurrently with the Effective Date or as otherwise required under the Exchange Act), (b) will not violate any Requirement of Law (including any rule, regulation or policy of the FCC, the FAA or any other Licensing Authority) applicable to the Borrower, (c) will not violate or result (alone or with notice or lapse of time or both) in a default under any indenture, agreement or other instrument binding upon the Borrower or its assets that is material to the Borrower and the Restricted Subsidiaries when taken as a whole, or give rise to a right thereunder to require any payment, repurchase or redemption to be made by the Borrower or give rise to a right of, or result in, termination, cancelation or acceleration of any obligation thereunder and (d) will not result in the creation or imposition of any Lien on any asset now owned or hereafter acquired by the Borrower or any Restricted Subsidiary.

assistant: No Conflicts
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 addition, Tyson will pay directly or reimburse you for all business expenses you incur in the discharge of your duties as a consultant, which will be documented in a manner consistent with Tyson’s expense reimbursement policy for senior executives.

assistant: Expenses
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: remedy is exclusive”). In other words, Parnar claims are usually raised only in “a ‘narrow class of cases’ where the wrongful discharge action is seen as necessary to effectuate the public policy at stake.” Ross, 76 Hawai'i at 464, 879 P.2d at 1047 (quoting Lapinad v. Pacific Oldsmobile-GMC, Inc., 679 F.Supp. 991, 993 (D.Haw.1988) , abrogated on other grounds by Courtney v. Canyon Television & Appliance Rental Inc., 899 F.2d 845, 851 (9th Cir.1990)). This necessity usually arises only where a statutory or other policy does not itself provide for a remedy to enforce the policy. An exception to this general rule occurs where the legislative body specifically provides that a common law claim exists even though a statutory remedy is also in place. Ross, 76 Hawai'i at 465, 879 P.2d at 1047 (<HOLDING>). Under the HWPA, the Hawaii legislature Options: A. holding that the narrowing of the use of parnar claims only applies absent a clear expression of legislative intent to the contrary and citing to hrs 37869 as an example of such legislative intent B. holding that substantive criminal statute could not be applied retrospectively because there was nothing in the language or the legislative history that was a clear and unequivocal expression of legislative intent to rebut presumption of prospective application only C. holding that determining legislative intent is a question of law D. holding that the title of legislation is relevant to legislative intent E. holding statutes are not applied retroactively absent clear legislative intent

assistant: The best answer is A. holding that the narrowing of the use of parnar claims only applies absent a clear expression of legislative intent to the contrary and citing to hrs 37869 as an example of such legislative intent