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 legal provision and list the applicable contract clause categories. Provision: Amend Section 6.2 [Pro Rata Treatment of Lenders], Section 11.3 [Exculpatory Provisions] or Section 6.3 [Sharing of Payments by Lenders] or this Section 12.1, alter any provision regarding the pro rata treatment of the Lenders or requiring all Lenders to authorize the taking of any action or reduce any percentage specified in the definition of Required Lenders, in each case without the consent of all of the Lenders; provided that no agreement, waiver or consent which would modify the interests, rights or obligations of the Administrative Agent, the Issuing Lender, or the Swing Loan Lender may be made without the written consent of the Administrative Agent, the Issuing Lender or the Swing Loan Lender, as applicable, and provided, further that, if in connection with any proposed waiver, amendment or modification referred to in Sections 12.1.1 through 12.1.4 above, the consent of the Required Lenders is obtained but the consent of one or more of such other Lenders whose consent is required is not obtained (each a “ Non-Consenting Lender ”), then the Borrowing Agent shall have the right to replace any such Non-Consenting Lender with one or more replacement Lenders pursuant to Section 6.6.2 [Replacement of a Lender]. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that (x) the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender, and (y) any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender disproportionately adversely relative to other affected Lenders shall require the consent of such Defaulting Lender.

assistant: Miscellaneous
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: Maintain in effect and enforce policies and procedures reasonably designed to ensure compliance by the Loan Parties and their respective directors, officers and employees with (x) any OFAC Regulations and Sanctions controls and (y) the FCPA, the UK Bribery Act 2010, and other similar anti-corruption legislation in other jurisdictions .

assistant: Anti-Corruption 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 case excerpt and choose the best holding from the options. Case excerpt: Toolasprashad’s alleged deprivations also meet this standard. The Bureau offers several counter-arguments, none of which is convincing. For example, it notes that Toolasprashad’s “ability to exercise his First Amendment rights has not been impaired by his transfer.” Appellees’ Br. at 24. This fact, though undisputed, is immaterial. The relevant question is not whether a transfer actually interferes with a particular prisoner’s ability to exercise his rights but whether the threat of a transfer would, in the first instance, inhibit an ordinary person from speaking. See Crawford-El, 93 F.3d at 826. Equally irrelevant is the Bureau’s long-recognized discretion to decide where to house prisoners. See, e.g., Olim v. Wakinekona, 461 U.S. 238, 245, 103 S.Ct. 1741, 1745, 75 L.Ed.2d 813 (1983) (<HOLDING>). “[A]n ordinarily permissible” exercise of Options: A. holding inmates have no constitutional right to receive a particular or requested course of treatment and prison doctors remain free to exercise their independent medical judgment B. holding that a prisoner has no constitutionallybased liberty interest in a particular prison classification because an inmate is not entitled to a particular degree of liberty in prison C. holding that inmates have no constitutionally protected interest in the wages earned while in prison D. holding that prisoners have no reasonable expectation of privacy in their prison cells E. holding that inmates have no justifiable expectation of being incarcerated in any particular prison

assistant: The best answer is E. holding that inmates have no justifiable expectation of being incarcerated in any particular prison
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 the terms and conditions of this Supplement and the Note Purchase Agreement, the Company will issue and sell to each of the Purchasers, and the Purchasers will purchase from the Company, at the Closing provided for in Section 3, Series 2016-1 Notes in the principal amount specified opposite their respective names in the attached Schedule A at the purchase price of 100% of the principal amount thereof. The obligations of the Purchasers hereunder are several and not joint obligations and no Purchaser shall have any liability to any Person for the performance or non-performance by any other Purchaser hereunder.

assistant: Sales
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 hereto and their respective legal counsel participated in the preparation of this Agreement; therefore, this agreement shall be construed neither against nor in favor of any of the parties hereto, but rather in accordance with the fair meaning thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any provisions of this Agreement relating to the timing of any benefits or payments, to the extent required to comply with applicable law, including Section 409A of the Code, or to prevent the imposition of any excise taxes or penalties on Company or Executive, the commencement of payment or provision of any payment or benefit shall be deferred to the minimum extent necessary so as to comply with any such law or to avoid the imposition of any such excise tax or penalty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To induce Administrative Agent and the Lenders to execute and deliver this Agreement, Borrower represents and warrants that (a) Borrower is the lawful owner of good and indefeasible title to the Property; (b) the Loan Documents to which Borrower is a party and this Agreement constitute the legal, valid and binding obligations of Borrower enforceable against Borrower in accordance with their terms, subject to bankruptcy, insolvency, reorganization, fraudulent conveyance, moratorium and other laws applicable to creditors’ rights or the collection of debtors’ obligations generally; (c) the execution and delivery of this Agreement by Borrower do not contravene, result in a breach of or constitute a default under any deed of trust, deed to secure debt, mortgage, loan agreement, indenture or other contract, agreement or undertaking to which Borrower is a party or by which Borrower or any of its properties may be bound (nor would such execution and delivery constitute such a default with the passage of time or the giving of notice or both) and do not violate or contravene any law, order, decree, rule or regulation to which Borrower is subject; (d) to the best of Borrower’s knowledge there exists no uncured default under the Loan Documents; (e) Borrower has no offsets, claims or defenses under or otherwise with respect to the Loan Documents; and (f) there have been no changes in direct or indirect ownership interests in Borrower, and no amendments or modifications to the operating agreements, partnership agreements, certificates of formation, articles of organization or other governing agreement, as applicable, of Borrower, Borrower’s members, or the partners or members of Borrower’s members since the date of the closing of the Original Loan, in each case that would require the consent of or notice to Administrative Agent under the Loan Documents, and Borrower is currently duly organized and legally existing under the laws of its state of organization and is qualified to do business in the state where the Property is located. Borrower agrees to indemnify and hold Lender Parties harmless against any loss, claim, damage, liability or expense (including without limitation reasonable attorneys' fees actually incurred) incurred as a result of any representation or warranty made by Borrower herein proving to be untrue in any material respect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its principles of conflicts of law. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and, except as otherwise provided in the Plan, may not be modified other than by written instrument executed by the parties.

assistant: Miscellaneous
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: Borrower has been duly organized and is validly existing and in good standing with requisite power and authority to own the related Individual Property and to transact the businesses in which it is now engaged. Borrower is duly qualified to do business and is in good standing in each jurisdiction where it is required to be so qualified in connection with its properties, businesses and operations. Each Individual Borrower possesses all rights, licenses, permits and authorizations, governmental or otherwise, necessary to entitle it to own its interest in the applicable Individual Property and to transact the businesses in which it is now engaged, and the sole business of such Individual Borrower is the ownership of its interest in, management and operation of the related Individual Property. The direct and indirect ownership interests in each Individual Borrower are as set forth on the organizational chart attached hereto as Schedule III . Each Individual Borrower (a) has complied in all respects with its certificate of incorporation, bylaws, limited partnership agreement, articles of organization and limited liability company operating agreement, as applicable; (b) has maintained complete books and records and bank accounts separate from those of its Affiliates; (c) has obeyed all formalities required to maintain its status as, and at all times has held itself out to the public as, a legal entity separate and distinct from any other entity (including, but not limited to, any Affiliate thereof); and (d) has all requisite power and authority to conduct its business and to own its interest in the applicable property, as now conducted or owned, and as contemplated by this Agreement, including, without limitation, the power and authority to do business in the State. Its signatory hereto has all necessary power, authority and legal right to execute this Agreement, the Notes and the other Loan Documents on behalf of such Individual Borrower.

assistant: Organizations
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: posture, with his hands in his lap while looking straight ahead and failing to make eye contact apart from a single furtive glance, was abnormal and caused him to suspect that there were narcotics or weapons in the vehicle. We conclude that this behavior, standing alone and in the absence of any other suspicious circumstances, was insufficient to give rise to a reasonable suspicion of criminal activity. See, e.g., State v. Vandenberg, 2003-NMSC-030, ¶ 44, 134 N.M. 566, 81 P.3d 19 (observing that a nervous demeanor and failure to make eye contact did not give rise to reasonable suspicion about the possession of drugs or other criminal activity sufficient to support further detention of the occupants of a vehicle); State v. Gutierrez, 2008-NMCA-015, ¶ 21, 143 N.M. 522, 177 P.3d 1096 (<HOLDING>); Patterson, 2006-NMCA-037, ¶¶ 9, 29, 139 N.M. Options: A. holding that defendants distraught and nervous demeanor as he deplaned did not amount to reasonable suspicion B. holding innocent facts when considered together can give rise to reasonable suspicion C. holding that a nervous and possibly furtive demeanor was insufficient to give rise to reasonable suspicion to detain D. holding that notwithstanding the officers testimony that he had no suspicion of criminality the officer was aware of facts that would give rise to reasonable suspicion in the mind of a reasonable officer E. holding that nervous behavior and failure to make eye contact did not give rise to reasonable individualized suspicion

assistant: The best answer is C. holding that a nervous and possibly furtive demeanor was insufficient to give rise to reasonable suspicion to detain
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 law. C. The Appropriate Remedy There remains the issue of whether vacating the consent decree is the proper course of action, or whether modifying it in some other way is more appropriate at this time. In Rufo, 502 U.S. at 391, 112 S.Ct. 748, the Court held that “[a] proposed modification should not strive to rewrite a consent decree so that it conforms to the constitutional floor.” Instead, “[o]nce a court has determined that changed circumstances warrant a modification in a consent decree, the focus should be on whether the proposed modification is tailored to resolve the problems created by the change in circumstances.” Id. The court should “do no more” because “a consent decree is a final judgment;” however, “[w]ithin these constra 53, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961) (<HOLDING>); Evans v. City of Chicago, 10 F.3d 474, 475 Options: A. holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated B. holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act C. holding that where the action was filed as a class action and a consent decree was entered into entry of the consent decree was sufficient certification of the action as a class action under rule 23 D. holding that defenses under rule 60b may be waived E. holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired

assistant: The best answer is B. holding that a consent decree should be vacated under rule 60b in light of amendments to the railway labor act
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: together is inconsistent. See U.S.S.G. § 3D1.2(c). The guidelines require district courts to examine a defendant’s role-in-the-offense under § 3B1.1 before grouping or separating counts under § 3D1.2. See U.S.S.G. §§ IB 1.1(c) & (d) (setting forth the chronology to be followed in calculating a final offense level and requiring adjustments to be made under Part B of Chapter 3 before applying Part D of Chapter 3). Thus, when conduct from one count (or group of counts) has already been used to trigger an adjustment to another count (or group of counts), § 3D1.2(c) requires all those counts to be grouped together. We have several times prohibited the grouping of fraud and money laundering counts together into a single group. See United States v. Green, 225 F.3d 955, 958-59 (8th Cir.2000) (<HOLDING>); United States v. O’Kane, 155 F.3d 969, 972-74 Options: A. holding that a count of 18 usc 1956 reinvestment money laundering should not be grouped with wire fraud counts under 3d12b B. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 C. holding that a count of 18 usc 1957 money laundering should not be grouped with mail fraud counts under either 3d12b or d 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 a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud

assistant: The best answer is A. holding that a count of 18 usc 1956 reinvestment money laundering should not be grouped with wire fraud counts under 3d12b
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: is] obligated by virtue of a written contract to provide insurance such as is afforded by this policy." According to Deminsky, Federated was thus also Arlington's insurer, and Federated became bound on the Deminsky-Arlington judgment after failing to defend Arlington, given the duties of an insurer under Radke. We conclude, however, that the indemnity provision in the Image-Arlington sales order was not a "contract to provide insurance." The only mention of "insurance" in the Image-Arlington sales order is a provision which required Image to obtain and show proof of its own insurance coverage prior to loading, transporting or otherwise handling the grinding machine on Arlington's premises. See Campion v. Montgomery Elevator Co., 172 Wis. 2d 405, 415-16, 493 N.W.2d 244 (Ct. App. 1992) (<HOLDING>). CONCLUSION ¶ 46. For the reasons discussed Options: A. holding that leaving the scene and failing to render assistance are separate and distinct offenses B. holding that plaintiffs claim for loss of consortium is separate and distinct from spouses malpractice claim for purposes of applying insurance policy limitations C. recognizing that an indemnity provision and an agreement to provide insurance are separate and distinct obligations D. holding that absent specific language to the contrary benefit funds are separate from union signatories to cbas and that employers obligations to funds are separate from obligations to unions under cbas E. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision

assistant: The best answer is C. recognizing that an indemnity provision and an agreement to provide insurance are separate and distinct obligations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for appellant. Sherry Boston, Solicitor-General, Wystan Getz, Samantha J. Newman, Assistant Solicitors-General, for appellee. Judgment affirmed. McFadden, J., concurs. Ellington, P. J., concurs in judgment only. 1 See, e.g., Powell v. State, 310 Ga. App. 144, 144 (712 SE2d 139) (2011). 2 See OCGA § 16-6-8 (a) (2). 3 See OCGA § 16-6-8 (a) (3). 4 See English v. State, 301 Ga. App. 842, 842 (689 SE2d 130) (2010). 5 Jones v. State, 318 Ga. App. 26, 29(1) (733 SE2d 72) (2012) (punctuation omitted); see also Jackson v. Virginia, 443 U. S. 307, 319 (III) (B) (99 SCt 2781, 61 LE2d 560) (1979). 6 Miller v. State, 273 Ga. 831, 832 (546 SE2d 524) (2001) (punctuation omitted). 7 OCGA § 16-6-8 (a) (2). 8 OCGA § 16-6-8 (a) (3). 9 See Douglas v. State, 330 Ga. App. 549, 551 (1) (768 SE2d 526) (2015) (<HOLDING>); Whitfield v. State, 259 Ga. App. 61, 61-62 Options: A. holding a conviction for lewd conduct with a sevenyearold was sufficient when presented with evidence of other sexual misconduct to establish a pattern of sexual misconduct with vulnerable young women B. holding that plaintiff failed to offer sufficient evidence to support a finding that a similar position existed after his termination C. holding that sufficient evidence existed to support conviction for public indecency by a lewd exposure of sexual organs when a witness noticed defendant masturbating on a bench outside of a shopping mall and could clearly see his exposed penis D. holding evidence was sufficient to support conviction for public indecency when after an altercation in a parking lot defendant stood in front of the car exposed his penis shook it and told a woman to suck it E. holding that nexus existed where government employee exposed corruption of his supervisors

assistant: The best answer is C. holding that sufficient evidence existed to support conviction for public indecency by a lewd exposure of sexual organs when a witness noticed defendant masturbating on a bench outside of a shopping mall and could clearly see his exposed penis
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 provisions of this Interim Order shall be binding upon and inure to the benefit of the Secured Parties, the Debtor, the Committee (if any) and each other party in interest in the Chapter 11 Case, and their respective successors and assigns (including any chapter 7 or chapter 11 trustee or other fiduciary hereinafter appointed as a legal representative of the Debtor or with respect to the property of the estate of the Debtor) whether in the Chapter 11 Case, in any Successor Case (including any examiner appointed in the Chapter 11 Case), or upon dismissal of any such Chapter 11 or Chapter 7 case.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Your initial base salary will be $458,000 per year ($38,167 per month) less taxes and withholding . paid in accordance with Tenneco ' s normal payroll practices. Each year, your base salary will be reviewed and, in turn, may be adjusted and approved by the Compensation, Nominating and Governance Committee of Tenneco lnc.'s Board of Directors (the "CNG Committee").

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: obstruction of justice crimes, courts have defined the specific intent element broadly. See Pettibone v. United States, 148 U.S. 197, 207, 13 S.Ct. 542, 37 L.Ed. 419 (1893) (indicating that the intent to take a wrongful act that will have the "natural and probable consequence” of obstructing justice is an “evil intent” to obstruct justice); see also United States v. Hopper, 177 F.3d 824, 830-31 (9th Cir.1999) (indicating that the elements of an obstruction-of-justice offense under 18 U.S.C. § 1505 are satisfied where the defendants had acted to prevent collection of their tax debt, and knew that “the natural and probable effect” of their actions would be to interfere with IRS proceedings (internal quotation marks omitted)); United States v. Gallimore, 491 F.3d 871, 876 (8th Cir.2007) (<HOLDING>). Because we have interpreted § 3146 as Options: A. holding that conspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself internal quotation marks omitted B. holding that defendant bears burden of showing that the sentence is unreasonable when measured against the 18 usc 3553a 2006 factors internal quotation marks omitted C. recognizing that to be in violation of 18 usc 115a1b the defendant must act with the intent to retaliate against a government employee on account of the performance of his or her official duties D. holding that the second part of 18 usc 115a1b requires that a threat be made with the intent to retaliate against the judge after the judge has acted E. holding that the only intent necessary to convict a defendant under 18 usc 1513b for retaliating against a witness victim or informant was an intent to retaliate internal quotation marks omitted

assistant: The best answer is E. holding that the only intent necessary to convict a defendant under 18 usc 1513b for retaliating against a witness victim or informant was an intent to retaliate internal quotation marks omitted
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 agreement of the parties and their affiliates relating to the subject matter hereof and thereof and supersedes all prior agreements, representations, warranties and understandings, written or oral, with respect thereto.

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: that the district court’s rote statement that it considered all the relevant factors was insufficient to adequately explain the district court’s rationale for its sentencing determination). Finally, in United States v. Morris, we again reiterated that Williams’s “rebutta-ble presumption does not relieve the district court of the obligation to consider other relevant statutory factors or sufficiently articulate its reasoning so as to permit reasonable appellate review.”448 F.3d 929, 931 (6th Cir.2006) (citing Richardson, 437 F.3d at 554). When reading these cases in concert, a consistent theme emerges. The Williams rebuttable presumption does not relieve a district court of its burden to communicate clearly its reasons for imposing a specific sentence. See McBride, 434 F.3d at 476 n. 3 (<HOLDING>) (emphasis added). Overall, the record must be Options: A. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors B. holding that only relevant factors must be considered C. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors D. holding that it is sufficient for a court to acknowledge its consideration of the parties arguments and the 3553a factors E. holding that there must be sufficient evidence in the record to affirmatively demonstrate the courts consideration of the relevant section 3553a factors

assistant: The best answer is E. holding that there must be sufficient evidence in the record to affirmatively demonstrate the courts consideration of the relevant section 3553a factors
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: ¶ 30 When counsel for the New Times asked MacPherson at her deposition if the reason she gathered the fish pond documents was in response to the lawsuit rather than in response to the request, she replied as follows: A. I don’t know if — I wouldn’t say that. I — I assembled all that information and got it over to him before I assembled it. There was a lot of information because there were a variety of different bids and so forth that we were putting together. Q----And why, again, did it take you over three months to forward 11 pages of material to Mr. Dougherty? A. Well, I would go to the Custody people, and they would go to th form of prompt notification or response, as is required by A.R.S. § 39-121.01(D)(1) and (E). Cf. Chourre v. I.R.S., 203 F.Supp.2d 1196, 1200-02 (W.D.Wash.2002) (<HOLDING>). ¶ 32 Here, MCSO failed to put forth Options: A. holding that the submission of false documents to irs violated 1505 B. holding that irs claim for taxes and claim of debtor against irs for violation of automatic stay did not arise out of the same transaction or occurrence C. holding that a decedents tax settlement with the irs did not establish the value of his estates claim against the irs as a matter of law D. holding that shareholder was improperly seeking to champion rights belonging to the irs E. holding that the irs did not improperly withhold records when it provided responsive documents just over five months after the request was made but gave four intervening notices stating that the irs needed more time

assistant: The best answer is E. holding that the irs did not improperly withhold records when it provided responsive documents just over five months after the request was made but gave four intervening notices stating that the irs needed more time
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 potential risk of physical injury to another,” 466 F.3d at 613-14, 615 (quoting 18 U.S.C. § 924(e)(2)(B)(ii)). Nonetheless he argues that, in light of language in other opinions and the Golden dissent, we should reconsider our holding in Golden. See Chambers, 473 F.3d at 727 (in dicta) (noting that future research establishing whether failures to report or return to jail actually present a serious risk of physical injury might call into question the characterization of such crimes as violent felonies); Golden, 466 F.3d at 616-19 (Williams, J., dissenting) (reasoning that failure to report to jail does not create a serious risk of physical injury, and opining that characterizing it as such raises due process concerns); United States v. Piccolo, 441 F.3d 1084, 1088 (9th Cir.2006) (<HOLDING>). But in Chambers we recently rejected a Options: A. holding that california residential burglary is categorically a crime of violence under the residual clause of ussg 4b12a2 which requires the criminal conduct to present a serious potential risk of physical injury to another B. holding that the texas offense of possession of a prohibited weapon could only qualify as a crime of violence under the residual clause of 4b12a2 C. holding that 16 encompasses conduct that constitutes a crime of violence ie breaking into and entering a persons home see ussg 4b12a2 burglary of a dwelling is a crime of violence and conduct that almost certainly does not ie breaking into and entering a vehicle D. holding that 459 is categorically a crime of violence under guidelines 4b12a2 because the usual or ordinary firstdegree burglary in california involves conduct that presents a serious risk of physical violence and injury to others E. holding that a peaceful failure to return to a halfway house is not a crime of violence under ussg 4b12a2 a provision analogous to 924e2bii

assistant: The best answer is E. holding that a peaceful failure to return to a halfway house is not a crime of violence under ussg 4b12a2 a provision analogous to 924e2bii
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 constitutes an amendment and restatement of the Existing Credit Agreement, effective from and after the Effective Date. The execution and delivery of this Agreement shall not constitute a novation of any indebtedness or other obligations owing to the Banks or the Administrative Agent under the Existing Credit Agreement based on facts or events occurring or existing prior to the execution and delivery of this Agreement. On the Effective Date, the credit facilities described in the Existing Credit Agreement, shall be amended, supplemented, modified and restated in their entirety by the facilities described herein, and all loans and other obligations of the Borrower outstanding as of such date under the Existing Credit Agreement, shall be deemed to be loans and obligations outstanding under the corresponding facilities described herein, without any further action by any Person, except that the Administrative Agent shall make such transfers of funds as are necessary in order that the outstanding balance of such Loans, together with any Loans funded on the Effective Date, reflect the respective Commitments of the Banks hereunder.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may not be amended, except by an instrument in writing signed on behalf of each of the parties hereto. By an instrument in writing, Purchaser, on the one hand, or Seller, on the other hand, may waive compliance by the other party with any term or provision of this Agreement that such other party was or is obligated to comply with or perform. Any such waiver shall only be effective in the specific instance and for the specific and limited purpose for which it was given and shall not be deemed a waiver of any other provision of this Agreement or of the same breach or default upon any recurrence thereof. No failure on the part of any party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.

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: with the Canadian law governing the dispute.” Both of these concerns are overwrought. As the majority noted, where a foreign defendant is forced to litigate in the United States, “great care and reserve should be exercised before personal jurisdiction is exercised” because of the heightened burden on the defendant. OMI, 149 F.3d at 1096. However, as the Supreme Court noted nearly a half century ago, “modern transportation and communication have made it much less burdensome for a party sued to defend himself in a State where he engages in economic activity.” McGee v. International Life Ins. Co., 355 U.S. 220, 223, 78 S.Ct. 199, 2 L.Ed.2d 223 (1957). Since that time, transportation has become even more convenient. See Sculptchair, Inc. v. Century Arts, 94 F.3d 623, 632 (11th Cir.1996) (<HOLDING>); Aristech Chem. Int’l Ltd. v. Acrylic Options: A. recognizing that the burden of persuasion for a showing of prejudice was on the defendant B. holding that the burden is on the plaintiff C. holding that a robbery defendant was not entitled to a compulsion instruction in the absence of a claim that he or the victim was the target of a specific threat forcing the defendant to participate in the robbery D. recognizing burden E. holding the burden of forcing a canadian defendant to litigate in florida was uncompelling

assistant: The best answer is E. holding the burden of forcing a canadian defendant to litigate in florida was uncompelling
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: those facts, but a prior commitment may be.’’ Las Cruces Prof'l Fire Fighters, 1997-NMCA-031, ¶ 24 (emphasis added) (internal quotation marks and citation omitted). Thus, although some instances of prejudgment may present no instance of bias, evidence of a prejudgment certainly augurs strongly in its favor. {67} This idea of prejudgment as the line between administrative bias and impartiality explains our holdings in both Reid and Las Cruces Professional Fire Fighters. In Reid, the board member’s admitted statement of prejudgment required recusal. Whereas, in Las Cruces Professional Fire Fighters, the board member’s prior affiliation with the union was inadequate to create a bias. See In re Comm’n Investigation v. N.M. State Corp. Comm'n, 1999-NMSC-016, ¶ 42, 127 N.M. 254, 980 P.2d 37 (<HOLDING>); Phelps Dodge Tyrone, Inc. v. N.M. Water Options: A. holding that prejudgment constitutes cause for recusal B. holding that the recusal statute should not be construed so broadly as to become effectively presumptive or to require recusal based on unsubstantiated suggestions of personal bias or prejudice C. holding that a request for search constitutes an interrogation D. recognizing that statutes mandating recusal for actual bias have constitutional bases unlike those that require recusal for a mere appearance of bias or prejudice E. holding that each alleged defamatory statement constitutes a distinct cause of action

assistant: The best answer is A. holding that prejudgment constitutes cause for recusal
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: ordinary rules of grammar, is unambiguous, a court may engage in no further statutory construction and must apply its plain meaning. State by Beaulieu v. RSJ, Inc., 552 N.W.2d 695, 701 (Minn.1996). “[T]he word includes is usually a term of enlargement, and not of limitation.” Janssen v. Janssen, 331 N.W.2d 752, 756 (Minn.1983) (quotation omitted). Therefore, transportation to and from services including “special education and related services defined in the Individuals with Disabilities Education Act” is unambiguously not limited to those instances when transportation is required under the IDEA. Generally, courts have upheld state educational requirements that go beyond those delineated in the IDEA. See, e.g., CJN by SKN v. Minneapolis Public Schools, 323 F.3d 630, 639 (8th Cir.2003) (<HOLDING>); Town of Burlington v. Dep’t of Educ., 736 Options: A. holding that when state educational benefits exceed minimum federal standards the state standards are enforceable through the idea B. holding that safety standards regarding the safe design and use of trampolines including astm standards were admissible on the issue of the defendants negligence even though the defendants were unaware of the standards C. recognizing that standards of liability under title vi are different from traditional agency principles or the general standards of liability under title vii D. holding that permit must translate state water quality standards into endofpipe effluent limitations necessary to achieve those standards E. holding that states may enforce their own laws for disabled children and are not limited to the minimum standards of the federal law

assistant: The best answer is A. holding that when state educational benefits exceed minimum federal standards the state standards are enforceable through the idea
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 Defendants actually did engage in similar conduct. 7 . To the extent Plaintiff is challenging the statistical methodology used by Defendants, that issue is addressed above. In addition, to the extent Plaintiff suggests that parties conducting clinical trials necessarily are required to release all the detailed data or break that data down by categories that may plausibly be of interest to some investors, Plaintiff is incorrect. Section 10(b) and Rule 10b-5 do not categorically prohibit statements that are incomplete or that report cumulative figures instead of detailed breakdowns of the underlying data or subcategories of data. Brody v. Transitional Hosps. Corp., 280 F.3d 997, 1006, 1006 n. 8 (9th Cir.2002); see also In re Adolor Corp. Securities Litigation, 616 F.Supp.2d at 569 (<HOLDING>). 8 . Although the district court held that Options: A. holding that even if defendants knew that the company had inventory problems that fact standing alone does not show that defendants knew that the statements in their prospectus or other representations were materially false or misleading at the time the material statements were made B. holding that company was not required to provide data or analysis on subgroups of patients in clinical trial even if subgroup information was material and the company had made public statements about topline results C. holding that plaintiffs failure to mention vice president of thirdparty company in initial disclosures was harmless because plaintiffs mentioned president of company and defendants conducted no discovery of company D. holding that where company made statements constituting inability to pay orally at bargaining sessions company had duty to show its books to the union E. holding in context of control person analysis that because defendant founded the company and was its largest shareholder he may be able to influence the company

assistant: The best answer is B. holding that company was not required to provide data or analysis on subgroups of patients in clinical trial even if subgroup information was material and the company had made public statements about topline results
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: prudent trustee would operate.” Moench, 62 F.3d at 671. 4. Does the Complaint Survive the Presumption? Having concluded that the presumption applies on these motions to dismiss, the next inquiry is whether the facts alleged by Plaintiffs suffice to state a claim. Most courts that have considered what allegations are sufficient to state a claim in this context have concluded that allegations of a dramatic drop in share price can suffice. Although a company need not “be on the brink of bankruptcy before a fiduciary is required to divest a plan of employer securities,” Avaya, 503 F.3d at 349 n. 13, Plaintiffs’ allegations of a 64% drop in share price, while significant, does not amount to the sort of catastrophic decline necessary to rebut the presumption. See Wright, 360 F.3d at 1096-98 (<HOLDING>); Kwper, 66 F.3d at 1451 (holding that an 80% Options: A. holding that a 75 drop in share price is insufficient to overcome the presumption B. holding evidence insufficient to overcome presumption of correctness C. holding that an 80 drop is insufficient D. holding that plaintiffs testimony is insufficient to overcome presumption of accuracy for social security earnings records E. recognizing presumption and finding that it was overcome

assistant: The best answer is A. holding that a 75 drop in share price is insufficient to overcome the presumption
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: because the interrogating officers allegedly threatened her that “should she not say anything than [sic] she would receive the ‘Death Penalty’” and “yelled” at her “until she was hysterically crying.” Petitioner’s C.P.L. § 440.10 Motion at Point 2. The motion court denied this claim based on the mandatory procedural rule set forth in C.P.L. § 440.10(2)(c), finding that “[sufficient facts appear in the record to have permitted review of [this] issue[] on direct appeal.” C.P.L. § 440.10 Order at 3. Because Petitioner failed to raise the evidentiary issue before the Appellate Division, the motion court found, she was “not entitled to collateral review[.]” Id. (citing N.Y. CRIM. Proo. Law § 440.10(2)(c)); People v. Cooks, 67 N.Y.2d 100, 103, 500 N.Y.S.2d 503, 491 N.E.2d 676 (N.Y.1986) (<HOLDING>). As noted above in this Decision and Order, Options: A. holding that the defendants oral motion challenging the venire was insufficient to preserve the issue for review B. holding that defendants failure to appeal the voluntariness of a plea constitutes waiver of the issue on subsequent appeal C. holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review D. holding defendant failed to preserve burden of proof issue for appeal E. holding that dismissal of claim attacking sufficiency of a plea allocution by defendants failure to preserve the issue otherwise available on direct appeal for such review

assistant: The best answer is E. holding that dismissal of claim attacking sufficiency of a plea allocution by defendants failure to preserve the issue otherwise available on direct appeal for such review
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 terminated by any party, by written notice to the other parties, if the Closing has not been consummated on or before August 15, 2016; provided, however, that such termination will not affect the right of any party to sue for any breach by any other party.

assistant: Terminations
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 sets forth the entire understanding and agreement of the Members, and supersedes any other agreements and understandings (written or oral) made among the Members on or prior to the date of this Agreement with respect to the transaction contemplated in this Agreement. No amendment or modification to any terms of this Agreement, including, without limitation to Exhibits or Schedules hereto (except as provided in Section 3.2 and Section 12.1 above), or cancellation of this Agreement, shall be valid unless in writing and signed by all of the Members.

assistant: Entire Agreements