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: since Elkin lacked standing to file a complaint for support, this action must be dismissed. Accordingly, we remand this action to the trial court directing that the order of support be vacated and the complaint for support be dismissed on the basis of lack of standing. We further direct that Mother be reimbursed any monies paid as a result of the existing support order. ¶ 12 We further note that even though Mother has the parental duty of supporting her child “until [her] child reaches 18 or graduates from high school, whichever event occurs later,” Blue v. Blue, 532 Pa. 521, 529, 616 A.2d 628, 633 (1992), she does not have to be subjected to her child dictating how or to whom the support should be allocated. See Oeler by Gross v. Oeler, 527 Pa. 532, 534-36, 594 A.2d 649, 650 (1991) (<HOLDING>). ¶ 13 In the present case, it is clear from Options: A. holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends B. holding that certifications of parent and child regarding her desire to live with her father were sufficient to warrant a plenary hearing C. holding that daughter had no express authority to sign arbitration agreement for mother where no power of attorney and daughter did not discuss signing the agreement with her mother D. holding that the applicant was entitled to asylum based on her fear that her daughter will be forced to undergo female genital mutilation because her fear of being forced to witness the pain and suffering of her daughter is wellfounded E. holding that the natural father who was incarcerated failed without justifiable cause to communicate significantly with his daughter and noting that he called his daughter once and that he did not attempt mail communication with her despite his awareness that the adoptive parents were represented by counsel and therefore he could have initiated contact through their counsel or the court to communicate with her

assistant: The best answer is A. holding that trial court properly terminated fathers obligation to support his seventeenyearold daughter who refused to live with father but instead chose to reside in her own apartment after her mother moved out of state where daughter offered no justifiable reason for not living with her father daughter only contended that her stepmother was too neat for her and that she wanted to live closer to her friends
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: As defined in the recitals; provided, however that if the Merger Agreement is terminated in accordance with its terms at any time prior to the Closing Date (as therein defined), then this Lease shall also terminate ab initio and be of no further force or effect simultaneously with such termination, and the Original Lease shall remain in full force and effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by using the app , you represent and warrant that : ( i ) you are not located in a country that is subject to a u.s. government embargo , or that has been designated by the u.s. government as a `` terrorist supporting '' country ; and ( ii ) you are not listed on any u.s. government list of prohibited or restricted parties .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive will retain all of his existing rights to indemnification (including advancement of expenses) and D&O insurance coverage following the Termination Date under Paragraph 16 of the Employment Agreement and under the Amended and Restated Certificate of Incorporation and the Amended and Restated Bylaws of Employer, including advancement or payments of Executive’s expenses (including his attorney’s fees) in connection therewith.

assistant: Indemnifications
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 EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLERS ARE NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Such purchase shall be expressly made without representation or warranty of any kind by any selling party (or the applicable Representative or the [Term Loan] Representative) and without recourse of any kind, except that the selling party shall represent and warrant: (a) the amount of the ABL Obligations or [Term Loan] Obligations, as applicable, being purchased from it, (b) that such ABL Secured Party or [Term Loan] Secured Party, as applicable, owns the ABL Obligations or [Term Loan] Obligations, as applicable, free and clear of any Liens or encumbrances and (c) that such ABL Secured Party or [Term Loan] Secured Party, as applicable, has the right to assign such ABL Obligations or [Term Loan] Obligations, as applicable, and the assignment is duly authorized.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid that provides proof of delivery, or (iv) transmitted by hand delivery, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to the Borrower to: Qrons Inc., 1900 Purdy Avenue ,#1907, Miami Beach Florida 33139, and (ii) if to the Holder, to CubeSquare LLC, 1900 Purdy Avenue ,#1907, Miami Beach Florida 33139.

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: serious crime and should be deterred by the imposition of a separate penalty through a consecutive sentence. See United States v. Packer, 70 F.3d 357, 360 (5th Cir.1995) (interpreting the statute’s intent), cert. denied, — U.S. -, 117 S.Ct. 75, 136 L.Ed.2d 34 (1996). Contrary to the suggested treatment of a sentence in Commentary 3 to U.S.S.G. § 2J1.6, the statute does not suggest that a sentencing court might determine a total sentence for the underlying offense or offenses and the failure to appear and then divide the sentence among the convictions. The consecutive sentencing requirement of the statute is in conflict with Commentary 3 to U.S.S.G § 2J1.6. The statute’s requirement of a consecutive sentence, therefore, prevails over the Sentencing Guidelines. See Packer, 70 F.3d at 360 (<HOLDING>); cf. United States v. Vue, 13 F.3d 1206, 1214 Options: A. holding that a district court is not authorized to sentence a defendant below the statutory minimum unless the government filed a substantial assistance motion pursuant to 18 usc 3553e and ussg 5k11 or the defendant falls within the safetyvalve of 18 usc 3553f B. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 C. holding that 18 usc 3146b2 prevails over commentary 3 to ussg 2j16 because the commentary defeats the statutes intent D. holding that the defendant could be prosecuted for making false claims against the government under either the false claims statute 18 usc 287 or the mail and wire fraud statutes 18 usc 1341 1343 E. holding that submitting false claims to the government could be charged under either the false claims act 18 usc 287 or the mail and wire fraud statutes 18 usc 1341 1343 because nothing in the statutory language of the relevant statutory provisions provided any evidence of an intent to withdraw from one statute a coverage it obviously has standing alone because of a coverage also afforded by another statute

assistant: The best answer is C. holding that 18 usc 3146b2 prevails over commentary 3 to ussg 2j16 because the commentary defeats the statutes intent
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: by Pub.L. No. 76-2004, § 4 (eff. July 1, 2004); Pub.L. No. 82-2004, § 2 (eff. July 1, 2004); and Pub.L. No. 2-2005, § 36 (eff. April 25, 2005)). 2 . Ind.Code § 9-30-5-1 (2004). 3 . Ind.Code § 9-30-5-5. 4 . We note that, had the jury found Radiek guilty of both operating a vehicle while intoxicated causing death as a class C felony and operating a vehicle with a controlled substance listed in Schedule I or II causing death as a class C felony, the trial court could not have entered judgment of conviction on both verdicts due to double jeopardy principles. The Indiana Supreme Court has held that "[ejnhancement of one offense for the very same harm as another is not permissible.” Carrico v. State, 775 N.E.2d 312, 314 (Ind. 2002); see also Pierce v. State, 761 N.E.2d 826, 830 (Ind.2002) (<HOLDING>). SULLIVAN, Judge, dissenting. The jury did not Options: A. holding that the claims of the class representative and class members must be based on the same legal or remedial theory B. holding that defendants auto theft conviction could serve to support his conviction for auto theft as a class c felony and as a prior unrelated felony conviction under the habitual offender statute C. holding that where a burglary conviction is elevated to a class a felony based on the same bodily injury that forms the basis of a class b robbery conviction the two cannot stand D. holding in part that robbery as a class b felony is not necessarily a lesserincluded offense of robbery as a class a felony E. holding that the defendants homeinvasion robbery conviction violated double jeopardy because it arose from the same incident as the defendants burglary with an assault or battery conviction

assistant: The best answer is C. holding that where a burglary conviction is elevated to a class a felony based on the same bodily injury that forms the basis of a class b robbery conviction the two cannot stand
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: Texas Code of Criminal Procedure. See Heidelberg, 144 S.W.3d at 542-43; Cantu, 994 S.W.2d at 732-33; Barnum, 7 S.W.3d at 794. B. Merits Assuming, without deciding, that appellant’s objection in his motion for new trial sufficiently preserved his Eighth Amendment complaint for review, we address the merits of appellant’s argument regarding whether appellant’s sentence amounts to cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution. See U.S. Const, amend. VIII. Generally, a sentence within the statutory range of punishment for an offense will not be held cruel or unusual under the Constitution of either Texas or the United States. Harris v. State, 656 S.W.2d 481, 486 (Tex.Crim.App.1983); Hill v. State, 493 S.W.2d 847, 849 (Tex.Crim.App.1973) (<HOLDING>); Baldridge, 77 S.W.3d at 893-94. Here, Options: A. holding cruel and unusual punishment complaint not preserved B. holding that what constitutes cruel and unusual punishment is a question of law C. holding that a life sentence pursuant to 841 blaiii was not a cruel and unusual punishment D. holding that it is cruel and unusual to execute the insane E. holding that 75year sentence was not cruel or unusual because it was within statutory range

assistant: The best answer is E. holding that 75year sentence was not cruel or unusual because it was within statutory range
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: such drivel is just shameful. To be sure, our Constitution does not require this result. Byrd’s conviction and sentence are undermined by constitutional error as the following egregious examples demonstrate. (I) False Evidence As demonstrated in the previous discussion regarding Ronald Armstead, the prosecutors concealed evidence of innocence and presented evidence they knew to be false. Because the withholding of evidence seriously undermining the testimony of a central witness, and providing a specific reason to fabricate testimony, falls squarely within the constitutional prohibitions recognized in Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), Byrd’s conviction and sentence are constitutionally infirm. See East v. Johnson, 123 F.3d 235, 239 (5th Cir.1997) (<HOLDING>). (2) Improper Vouching The conduct of the Options: A. holding impeachment evidence was not merely cumulative where the withheld evidence was of a different character than evidence already known to the defense B. holding that materiality of medical information withheld from insurer could be presumed material to insurer C. holding that purely factual material may be withheld from disclosure under exemption 5 if that material would expose the deliberative process of an agency D. holding that when the withheld evidence would seriously undermine the testimony of a key witness or there is no strong corroboration the withheld evidence has been found to be material E. holding that evidence was sufficiently reliable because there was corroboration

assistant: The best answer is D. holding that when the withheld evidence would seriously undermine the testimony of a key witness or there is no strong corroboration the withheld evidence has been found to be material
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 2.19 sets forth a complete and accurate list of all insurance policies held by the Company, copies of which have been delivered to Buyer. Each such insurance policy is valid and binding and is and has been in effect since the date of its issuance. All premiums due under each insurance policy of Company have been paid, and the Company has not received any notice of any cancellation, non-renewal or termination in respect of any of its insurance policies. The Company is not in default under any such policy. Neither the Company nor the Person to whom any such insurance policy has been issued has received notice that any insurer under any policy referred to in Schedule 2.19 is denying liability with respect to a Claim thereunder or defending under a reservation of rights clause. The Company has notified its insurance carriers of all litigation, Claims and facts which could reasonably be expected to give rise to a Claim, all of which are disclosed in Schedule 2.19 (including worker’s compensation Claims).

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: Payment of the amounts payable with respect to Stock Appreciation Rights pursuant to this Article 10 shall be in cash, Shares (based on its Fair Market Value as of the date the Stock Appreciation Right is exercised), or a combination of both, as determined by the Administrator.

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: Defendants must maintain the status quo as to the possession of the AT documents and may make fair use thereof. However, defendants are prohibited from making additional copies of the AT documents and distributing or transferring the documents. Should the defendants incorporate or attach any of the AT documents to their papers in this action, such filings must be made under seal. 1 . In the Atari case, the defendant misappropriated a copy of the plaintiff's source code by obtaining a copy from the Copyright Office in violation of Copyright Office regulations. The court in that case stated that "[t]o invoke the fair use exception, an individual must possess an authorized copy of a literary work." Atari Games, 975 F.2d at 843 (citing Harper & Row, 471 U.S. at 563-64, 105 S.Ct. at 2232 Options: A. holding that fair use is an affirmative defense B. holding that a sale must be both fair and reasonable in price and made in good faith C. holding that the duty of good faith and fair dealing is a contractual duty D. holding that the transaction must be fair and equitable and in good faith E. holding that knowing exploitation of purloined manuscript is not compatible with good faith and fair dealings underpinnings of fair use doctrine

assistant: The best answer is E. holding that knowing exploitation of purloined manuscript is not compatible with good faith and fair dealings underpinnings of fair use doctrine
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: from custody or when the victim is bound over on charges, whichever occurs first.”)(citing Mondragon v. Thompson, 519 F.3d 1078, 1082-83 (10th Cir.2008)). Moreover, several states have found that claims for false arrest and false imprisonment accrue when the false imprisonment ends or when imprisonment becomes pursuant to legal process. See Hoffman v. County of Delaware, 41 F.Supp.2d at 216 (“Under New York law, false arrest and false imprisonment claims accrue on the date of the release from confinement.”), aff'd 205 F.3d 1323 (2d Cir.2000); Adler v. Beverly Hills Hosp., 594 S.W.2d at 154 (“We hold that false imprisonment is a continuing tort and that the cause of action for the entire period of imprisonment accrues when the detention ends.”); Belflower v. Blackshere, 281 P.2d at 425 (<HOLDING>). See also Johnson v. Blackwell, 885 N.E.2d 25, Options: A. holding that claims for false arrest and imprisonment under 1983 accrue at the time of the arrest B. holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated C. holding that a plaintiffs 1983 claim accrued on the date of the alleged illegal search and seizure D. holding in a false imprisonment action that the plaintiff is not entitled to recover attorneys fees unless the services were to secure his discharge from the illegal restraint E. holding that false arrest and false imprisonment claim were not duplicative

assistant: The best answer is B. holding that a cause of action for illegal arrest and false imprisonment accrued at the time plaintiff was released from his alleged illegal restraint and not when the proceedings by which his arrest occurred terminated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS AGREEMENT OR ANY ANCILLARY AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH SUCH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ANCILLARY AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT OR ANY ANCILLARY AGREEMENT. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER, (b) SUCH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT AND EACH ANCILLARY AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 11.10.

assistant: Waiver Of Jury Trials
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: Transp. Corp. v. Rivera Vazquez, 977 F.2d 1, 8 (1st Cir.1992) ("The central rationale of [the] dormant Commerce Clause doctrine ... is ... to foster economic integration and prevent local interference with the flow of the nation’s commerce. This rationale applies with equal force to official actions of Puerto Rico. Full economic integration is as important to Puer-to Rico as to any state in the Union.” (citation omitted)). 42 . See Cont'l Ill. Nat’l Bank v. Chicago, R.I. & Pac. Ry. Co., 294 U.S. 648, 668, 55 S.Ct. 595, 79 L.Ed. 1110 (1935). 43 . The same rational basis requirement that regulates disparate treatment of Puerto Ricans applies to the Commonwealth itself. See Jusino Mercado v. Puerto Rico, 214 F.3d 34, 44 (1st Cir.2000) (citing Harris, 446 U.S. at 651-52, 100 S.Ct. 1929) (<HOLDING>). 44 . Maj. Op. at 350. 45 . Examining Bd. of Options: A. recognizing that congress desired a broad definition of a claim B. recognizing that congress could have legislated differently for the commonwealth C. recognizing the presumption that congress does not intend to violate international law D. holding that congress could abrogate the eleventh amendment pursuant to the commerce clause E. recognizing that congress has the power to completely divest the courts of their sentencing discretion and that congress granted broad authority to the sentencing commission guided by specific goals and principles

assistant: The best answer is B. recognizing that congress could have legislated differently for the commonwealth
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that dismiss an indictment for failure to adequately plead an enterprise. See United States v. Marchese, 1991 WL 60338, at *2 (S.D.N.Y. Apr.ll, 1991) (concluding that civil RICO cases cited by defendant were not only nonbinding authority from other circuits but also inapposite because they addressed motions to dismiss complaints rather than indictments). 3 . Segal is correct to point out that the Seventh Circuit "does not look favorably on many instances of mail and wire fraud to form a pattern.” Hartz v. Friedman, 919 F.2d 469, 473 (7th Cir.1990). In cases, however, where the Seventh Circuit has held that several acts of mail or wire fraud do not form a pattern, other factors of the continuity analysis were also lacking. See e.g., Lipin Enters. Inc. v. Lee, 803 F.2d 322 (7th Cir.1986) (<HOLDING>). The Government, in contrast, alleges that the Options: A. holding twelve acts designed to defraud only one victim on one occasion insufficient to allege pattern B. holding that a nineyear scheme by two defendants to defraud a single plaintiff of various real estate holdings constituted a rico pattern C. holding that factor 10 should not be applied when the victim is the only one at risk D. holding a defendant may not be convicted of more than one count of dissemination of matter harmful to minors based on one occurrence even if there was more than one victim E. holding that 2314 does not require specific intent to defraud a certain person a general intent to defraud any person who might fall victim to the schemers plan is sufficient

assistant: The best answer is A. holding twelve acts designed to defraud only one victim on one occasion insufficient to allege pattern
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 374 U.S. 500 83 S.Ct. 1877 10 L.Ed.2d 1045 Betty Jean DANIELSv.VIRGINIA. No. 485, Misc. Supreme Court of the United States June 17, 1963 Theodore J. St. Antoine, for petitioners. On Petition for Writ of Certiorari to the Supreme Court of Appeals of Virginia. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for further consideration in light of Peterson v. City of Greenville, 373 U.S. 244, 83 S.Ct. 1119, 1133. 2 Mr. Justice HARLAN concurs in the result on the premises stated in his separate opinion in Peterson v. City of Greenville, supra, and Avent v. North Carolina, 373 U.S. 248, 83 S.Ct. 1133.

assistant: 2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Executive shall be entitled to participate in the benefit plans and programs commensurate with Executive’s position, that are provided by the Company from time to time for its senior executives generally, subject to the terms and conditions of such plans.

assistant: Benefits
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 earlier termination pursuant to Section 10.1 (a) this Agreement shall commence at the Effective Time and shall remain in effect until the 10 th anniversary of the Effective Time (the “ Initial Term ”), (b) Provider shall have the option, exercisable by the delivery of written Notice to Customer on or before the date that is three Years prior to the expiration of the Initial Term, to renew this Agreement for one additional ten Year period (such second ten Year period, the “ Secondary Term ”), and (c) thereafter, this Agreement shall automatically renew for successive Yearly periods unless terminated by either Party through the delivery of written Notice to the other Party on or before the date that is 180 Days prior to the end of the Secondary Term or the then-current Yearly term, as applicable (the Initial Term, the Secondary Term and any subsequent Yearly renewal periods, collectively, the “ Term ”). Should Provider elect to renew this Agreement for the Secondary Term pursuant to this Section 2.2 , then, upon the beginning of the Secondary Term (and thereafter during the Term of this Agreement), the provisions of Section 7.1(j) and Exhibit G-4 shall be applicable hereunder. For the avoidance of doubt, during the Initial Term the provisions of Section 7.1(j) and Exhibit G-4 shall not be applicable hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and/or its Affiliates shall have the authority and the right to deduct or withhold, or to require the Participant to remit to the Company and/or its Affiliates, an amount sufficient to satisfy all applicable federal, state and local taxes (including the Participant’s employment tax obligations) required by law to be withheld with respect to any taxable event arising in connection with the RPUs. Without limiting the generality of Section 8(b) of the Plan, to the extent that such obligation arises at the time that the RPUs vest or are paid to the Participant in Units, the Company and/or its Affiliates may withhold Units otherwise issuable in respect of such RPUs having a Fair Market Value equal to the sums required to be withheld in satisfaction of the foregoing requirement. Notwithstanding any other provision of the Plan or this Agreement, the number of Units which may be so withheld in order to satisfy the Participant’s income and payroll tax liabilities with respect to the issuance, vesting or payment of the RPUs shall be limited to the number of Units which have a Fair Market Value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for income and payroll tax purposes that are applicable to such supplemental taxable income.

assistant: Tax Withholdings
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 Loan Documents embody the entire agreement and understanding among the Agent, each Issuing Bank and the Lenders, and between the Agent, each Issuing Bank and the Lenders on one hand, and the Borrowers individually on the other hand, and supersede all prior agreements and understandings among and between such parties, as the case may be, relating to the subject matter thereof (but do not supersede (a) any provisions of the fee letters related to the credit facilities established hereby or (b) the indemnification and reimbursement provisions of any commitment letter related to the credit facilities established hereby to the extent applicable to the Arrangers and the Initial Lenders (as such terms are defined therein) in their capacities as such, that in each case do not by the terms of such documents terminate upon the effectiveness of this Agreement, all of which provisions shall remain in full force and effect).

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: the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. See 28 U.S.C. § 636(b)(1). However, pursuant to Fed.R.Civ. P. 72(b), “[ajbsent objection by the plaintiffs, the district court had a right to assume that plaintiffs agreed to the magistrate’s recommendation.” Templeman v. Chris Craft Corp., 770 F.2d 245, 247 (1st Cir.1985), cert. denied, 474 U.S. 1021, 106 S.Ct. 571, 88 L.Ed.2d 556 (1985). Moreover, “[Failure to raise objections to the Report and Recommendation waives that party’s right to review in the district court and those claims not preserved by such objection are precluded on appeal.” Davet v. Maccarone, 973 F.2d 22, 30-31 (1st Cir.1992). See also Henley Drilling Co. v. McGee, 36 F.3d 143, 150-151 (1st Cir.1994) (<HOLDING>); Lewry v. Town of Standish, 984 F.2d 25, 27 Options: A. holding that failure to object timely to a magistrates report operates as a waiver of any further judicial review of the magistrates decision B. holding that objections are required to challenge magistrate judges findings as well as magistrates failure to make additional findings C. holding an argument waived on appeal for failure to raise the issue in objection to the magistrates recommendation D. holding that errors of law in a magistrates findings and recommendations pursuant to section 636b1b can be challenged on appeal even in the absence of the filing of objections in the district court E. holding that objections are required when challenging findings actually set out in magistrates recommendation as well as magistrates failure to make additional findings

assistant: The best answer is E. holding that objections are required when challenging findings actually set out in magistrates recommendation as well as magistrates failure to make additional findings
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: Both before and after giving effect to (a) the Loans made and Letters of Credit Issued on or prior to the date this representation and warranty is made or remade, (b) the disbursement of the proceeds of such Loans to or as directed by the Borrower, (c) the consummation of the transactions contemplated hereby and (d) the payment and accrual of all transaction costs in connection with the foregoing, each Credit Party is Solvent.

assistant: Solvency
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 represents the entire agreement of the parties and shall supersede any and all previous contracts, arrangements or understandings between the Company and the Executive. This Agreement may be amended at any time by mutual written agreement and any statement contained in any employment manual memo or rule of general applicability of the Company, this Agreement shall control.

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: not entitled to receive benefits because Section 10.6 of the Plan grants the Plan administrator discretion to interpret the Plan’s terms. Raytheon’s argument misses the mark, however, because the Plan administrator in this case did not interpret the Plan’s terms, but rather interpreted the meaning of a separate document, i.e., the Decree. In effect, in denying Ms. Hogan’s claim, Plan administrators were required to answer two questions: (1) whether the Decree constitutes a QDRO for Plan purposes, and (2) if the Decree was not a QDRO, whether a domestic relations order can be qualified posthumously under ERISA. These questions do not require an interpretation of the Plan’s terms, and therefore de novo review was appropriate. See, e.g., Samaroo v. Samaroo, 193 F.3d 185, 189 (3d Cir.1999) (<HOLDING>); Dial v. NFL Player Supplemental Disability Options: A. holding that the trustee did not breach its fiduciary duty when its actions were consistent with the trust instrument B. holding that the gravamen of the offense is the physical adaptation of the instrument C. holding that the deferential standard of review of a plan interpretation is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trust ee has in fact interpreted the instrument D. holding that insurance instrument was fixed annuity exempt from securities regulation because the instrument provided a guaranteed return of four percent 4 E. holding that the omission of the date of execution on the acknowledgment did not render it invalid when read in conjunction with the instrument

assistant: The best answer is C. holding that the deferential standard of review of a plan interpretation is appropriate only when the trust instrument allows the trustee to interpret the instrument and when the trust ee has in fact interpreted the instrument
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: (a) Any and all payments by or on behalf of the Borrower to or for the account of the Lender hereunder or under any of the other Loan Documents shall be made, in accordance with Section 2.12 or the applicable provisions of such other documents, free and clear of and without deduction for any and all present or future taxes, levies, imposts, deductions, assessments, fees, charges or withholdings, and all liabilities with respect thereto, excluding , in the case of the Lender, taxes imposed on its overall net income, and franchise taxes imposed on it in lieu of net income taxes, by the jurisdiction under the laws of which the Lender is organized or any political subdivision thereof and, in the case of the Lender, taxes imposed on its overall net income, and franchise taxes imposed on it in lieu of net income taxes, by the jurisdiction of the Lender’s Applicable Lending Office or any political subdivision thereof (all such non-excluded taxes, levies, imposts, deductions, assessments, fees, charges, withholdings and liabilities in respect of payments hereunder or under any of the other Loan Documents being hereinafter referred to as “ Taxes ”). If the Borrower shall be required by law to deduct any Taxes from or in respect of any sum payable hereunder or under any of the other Loan Documents or any other documents to be delivered hereunder or thereunder to the Lender, (i) the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.13) the Lender receives an amount equal to the sum it would have received had no such deductions been made, (ii) the Borrower shall make such deductions and (iii) the Borrower shall pay the full amount deducted to the relevant taxation authority or other authority in accordance with applicable law.

assistant: Taxes
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 294, 297-98 (9th Cir. 1989) (acknowledging inherent sovereign immunity of territories); cf. Davis v. Knud-Hansen Memorial Hospital, 635 F.2d 179 (3d Cir. 1980) (discussing Virgin Islands' sovereign immunity generally). 2 That a state may voluntarily contribute to a judgment is insufficient to confer immunity on a state agency and thus is irrelevant to the alter ego question. Fitchik, 873 F.2d at 661 (citing, inter alia, Kovats v. Rutgers, the State Univ., 822 F.2d 1303, 1309 (3d Cir. 1987). Furthermore, that a state agency faced with a large judgment against it "might be compelled to rely on increased state subsidies" has expressly been rejected by the Third Circuit as insufficient to accord the agency with alter ego status. Bolden, 953 F.2d at 819; see Fitchik, 873 F.2d at 661 (<HOLDING>). Accordingly, the thrust of this first Options: A. holding that 1983 does not override a states eleventh amendment immunity B. holding that a complaint that fails to meet the pleading requirements does not invoke the statutory waiver of sovereign immunity C. holding that 1983 does not override states eleventh amendment immunity D. holding that states appropriation to agency of funds to meet any shortfall does not trigger immunity E. holding negligence in supervision and evaluation of student in governmental units custody does not trigger waiver of immunity

assistant: The best answer is D. holding that states appropriation to agency of funds to meet any shortfall does not trigger immunity
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 the Company’s promises, payments and other consideration contained herein, Mr. Caudle agrees to cooperate fully and assist the Bank in connection with any current or subsequent legal, administrative or regulatory matter or other proceedings involving the Bank.

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 legal provision and list the applicable contract clause categories. Provision: Attached hereto as Schedule 3.1(h) are the annual financial statements of the Company for the past two fiscal years. The financial statements of the Company on Schedule 3.1(h) comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments. Following the Public Company Date, as of their respective dates, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading and the Company has filed the SEC Reports on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension.

assistant: Financial Statements
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 to the Base Salary and other compensation provided for in Section 3 and Section 4 above, the Executive shall be eligible to participate in such health and welfare benefit plans (including Executive’s eligible dependents) and any qualified and/or non-qualified retirement plans of DeVry Group as may be in effect from time to time; provided, however, that participation shall be subject to all of the terms and conditions of such plans, including, without limitation, all waiting periods, eligibility requirements, vesting, contributions, exclusions and other similar conditions or limitations. Any and all benefits under any such plans shall also be payable, if applicable, in accordance with the underlying terms and conditions of such plan document. Executive’s participation in the foregoing plans and any perquisite programs will be on terms no less favorable than afforded to executives at the Executive’s level, as in effect from time to time. DeVry Group, however, shall have the right in its sole discretion to modify, amend or terminate such benefit plans and/or perquisite programs at any time. DeVry Group will reimburse the Executive for all reasonable business expenses incurred by Executive in the course of performing Executive’s duties and responsibilities under this Agreement which are consistent with DeVry Group’s policies and procedures in effect from time to time.

assistant: Benefits
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.3d 562, 574 (6th Cir.2010). However, “a defendant claiming insufficiency of the evidence bears a very heavy burden.” United States v. Abboud, 438 F.3d 554, 589 (6th Cir.2006) (citation and internal quotation marks omitted). We must affirm the district court’s decision if “after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979 Cir.2011) (upholding the defendant’s conviction under Section 2422(b) where the defendant attempted to entice an undercover agent posing as a fourteen-year-old girl); United States v. Hart, 635 F.3d 850, 859 (6th Cir.2011) (same); Fuller, 77 Fed.Appx. at 378 (<HOLDING>). Because the evidence, viewed in the light Options: A. holding that to violate a specific intent statute the defendant must act with the purpose of violating the law B. holding that a defendant may be charged with violating section 2422b even though he is mistaken about the true age of the person with whom he communicated C. holding that the person charged with violating 1962c must be distinct from the rico enterprise D. holding it immaterial that one charged with willfully selling unregistered securities had no actual knowledge that he was violating the law because he was presumed to have and is chargeable with knowledge of the laws under which he was undertaking to do business E. holding that defendant may be entitled to selfdefense instruction even though he did not testify

assistant: The best answer is B. holding that a defendant may be charged with violating section 2422b even though he is mistaken about the true age of the person with whom he communicated
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 any number of counterparts, each of which shall be deemed an original and all of which taken together shall be deemed to constitute one and the same instrument. An executed signature page of this Agreement delivered by facsimile transmission or by electronic mail in “portable document format” (“.pdf”) shall be as effective as an original executed signature page.

assistant: Counterparts