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: Title, risk of loss and full shipping responsibility shall pass to Bunge upon loading of the Ethanol into trucks, rail cars or pipeline at the Delivery Location (as defined below) and delivery to Bunge of a bill of lading for each shipment. Bunge and Producer shall agree upon documented inspection, loading and sealing procedures. For loading of Ethanol into trucks, Bunge agrees that its customers will be provided Producer’s Fuel Ethanol Truck Loadout Standard Operating Procedures (the “SOP”), as the same may be provided to Bunge from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: but rather “shows that his conduct is not universally contrary to the” Code). Under this factor, the judge’s reputation is determined by looking at, for example: (1) “[pjositive contributions made by the judge to the court and the community”; (2) “[t]he judge’s commitment to fairness and innovative procedural reform”; and (3) “[t]he judge’s ability to fairly, effectively, and efficiently run a court with a heavy caseload.” AJS Study, supra at 82. Similarly relevant is “[w]hether the judge was experienced and[, thus,] should have been familiar with the high standards established for judicial behavior.” AJS Study, supra at 82. In certain cases, lack of experience may be a mitigating factor if inexperience partially accounts for the offensive conduct. Cf. Grew’s Case, 156 N.H. at 367 (<HOLDING>). If the judge has been previously sanctioned, Options: A. holding out admission to practice law when not admitted to practice B. holding a state has a substantial interest in regulating the practice of law within the state C. holding that the term search has a settled meaning in the realm of criminal procedure D. holding that inexperience in the practice of law is only valid as mitigation in the attorney misconduct realm where the offending conduct has resulted therefrom E. holding that the punitive provisions of the delaware consumer fraud act were not applicable to attorney conduct occurring within the practice of law given the state supreme courts inherent constitutional and statutory authority to discipline members of the state bar noting the lack of consensus in different jurisdictions as to the applicability of state consumer fraud acts to attorney conduct

assistant: The best answer is D. holding that inexperience in the practice of law is only valid as mitigation in the attorney misconduct realm where the offending conduct has resulted therefrom
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 provisions of Section 2.06(b) , (i) each Eurodollar Rate Loan under a Facility shall bear interest on the outstanding principal amount thereof for each Interest Period from the applicable borrowing date at a rate per annum equal to the Eurodollar Rate for such Interest Period plus the Applicable Rate for such Facility and (ii) each Base Rate Loan under a Facility shall bear interest on the outstanding principal amount thereof from the applicable borrowing date at a rate per annum equal to the Base Rate plus the Applicable Rate for such Facility. To the extent that any calculation of interest or any fee required to be paid under this Agreement shall be based on (or result in) a calculation that is less than zero, such calculation shall be deemed zero for purposes of this Agreement.

assistant: Interests
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 Mortgagor’s right to contest the same in good faith and by appropriate proceedings, the Mortgagor will promptly pay all material Taxes, assessments and governmental charges legally imposed upon this Mortgage or upon the Mortgaged Property or upon the interest of the Mortgagee therein, or upon the income, profits, proceeds and other revenues thereof.

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 legal provision and list the applicable contract clause categories. Provision: During Suspension of Benefits . If a Participant dies while benefit payments are suspended, benefit payments to the Surviving Spouse or other Beneficiary shall be determined as if the Participant had ceased employment the day before death. If the Participant had begun receiving benefit payments before the suspension of benefit payments, payment to the Surviving Spouse or other Beneficiary shall be made in the manner required under the form of benefit payment the Participant elected before the suspension. If the benefit payments had been paid as a Single Life Annuity, the Surviving Spouse or other Beneficiary shall receive a lump-sum payment in the amount of the sum of the benefit payments suspended before the Participant died. If benefit payments had not begun before the suspension of benefits, the Surviving Spouse shall receive benefit payments under the death benefit or the QPSA.

assistant: Death
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: both a valuation misstatement ground and a non-valuation-misstatement ground for the same adjustment. When considering whether such a “dual-cause” scenario falls within a statute’s reach, courts consider the context and policy underlying the statute. Fid. Int’l, 661 F.3d at 673 (citing W. Page Keeton et al., Prosser and Keeton on Torts §§ 41-42 (5th ed.1984)). There is little doubt that Congress intended to prevent abuse of the tax code when it enacted the valuation misstatement penalty. See, e.g., id. at 673 (“One might think that it would be perverse to allow the taxpayer to avoid a penalty otherwise applicable to his conduct on the ground that the taxpayer had also engaged in additional violations that would support disallowance of the claimed losses.”); Gilman, 933 F.2d at 152 (<HOLDING>); Merino, 196 F.3d at 158-59 (agreeing with Options: A. holding that the valuation misstatement penalty applies to property acquired in a transaction found to lack economic substance and expressly declining to follow todd and heasley B. holding that the economic substance of a transaction rather than its form determines its tax treatment C. holding that a transaction disregarded for lack of economic substance a nonvaluationrelated ground nevertheless may be subject to a valuation misstatement penalty because a transaction that lacks economic substance generally reflects an arrangement in which the basis of the property was misvalued in the context of the transaction and that congress intended to penalize such transactions D. recognizing step transaction doctrine whereby courts must consider all steps of transaction in light of entire transaction so that substance of transaction will control over form of each step E. recognizing that a transaction that lacks economic substance generally reflects an arrangement in which the basis of the property was misvalued in the context of the transaction

assistant: The best answer is C. holding that a transaction disregarded for lack of economic substance a nonvaluationrelated ground nevertheless may be subject to a valuation misstatement penalty because a transaction that lacks economic substance generally reflects an arrangement in which the basis of the property was misvalued in the context of the transaction and that congress intended to penalize such transactions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Obligors agree that all information provided by the Supporting Holders hereunder, including the identity of and amount of Notes held by each Supporting Holder, will be maintained in confidence and will not be disclosed publicly or to third parties other than the Company’s advisors and agents, except as may be required by a court, other governmental agency or in connection with the Chapter 11 Cases. If the Company publicly files a copy of this Agreement with the United States Securities and Exchange Commission, the Bankruptcy Court or any other court it shall redact each Supporting Holder’s signature pages in any such filing so as not to disclose such Supporting Holder’s identity or holdings information.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and grand jury testimony were revealed before the State placed them in witness protection. Specifically, rsonal safety in this case outweighs the defendants’ right of confrontation, we conclude that the district court abused its discretion in this ease by ordering disclosure of the witnesses’ current addresses and telephone numbers. The district court’s disclosure order ignores the safety concerns articulated by the prosecution which the court itself acknowledged in its order delaying disclosure of the witnesses’ identities. Furthermore, the disclosure order defeats the purpose of placing the witnesses under witness protection, which is designed to protect the safety of prosecution witnesses by making their location unknown. See United States v. Watson, 599 F.2d 1149 (2d Cir.) (<HOLDING>), modified, 690 F.2d 15 (2d Cir.1979); United Options: A. holding that the defendants due process rights were violated when the trial judge singled out the only defense witness and indicated to that witness that he expected the witness to he and would personally ensure that the witness was prosecuted for perjury and thereby effectively drove that witness off the stand B. holding that the state could ask leading questions of its witness a codefendant who had entered a plea after witness initially refused to answer questions in violation of her plea agreement C. holding that trial court properly barred certain questions about witness who was in federal witness protection program D. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness E. holding that mistrial was warranted for trial court allowing questions concerning prior malpractice lawsuits against witness because evidence of prior malpractice actions against a witness is not relevant to the witness competency or knowledge

assistant: The best answer is C. holding that trial court properly barred certain questions about witness who was in federal witness protection program
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations provided by this Agreement will be assigned by either party (whether by operation of law or otherwise) without the prior written consent of the other party. Subject to the preceding sentence, this Agreement will be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns.

assistant: Assignments
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 Lenders, the Joint Lead Arrangers and the Administrative Agent shall have received all fees required to be paid, and all expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel), on or before the Effective Date. All such amounts will be paid with proceeds of Loans made on the Effective Date and will be reflected in the funding instructions given by the Borrower to the Administrative Agent on or before the Effective Date.

assistant: Fees
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: 2009 SD 99, ¶33, 775 N.W.2d 221, 235 (2009) (“The community caretaker exception has been recognized only in the context of automobiles by the United States Supreme Court.” (citing Cady v. Dombrowski, 413 U.S. 433, 441, 93 S.Ct. 2523, 37 L.Ed.2d 706 (1973))); Wright v. State, 7 S.W.3d 148, 151-52 (Tex.Crim.App.1999) (describing Cady as recognizing “a community caretaking function of law enforcement as a reasonable exception to the Fourth Amendment’s warrant requirement” and acknowledging “the existence of the community caretaking function in Texas”); Provo City v. Warden, 844 P.2d 360, 363-65 (Utah Ct.App.1992) (upholding a “seizure” as reasonable under the Fourth Amendment based on the community caretaking doctrine); State v. Ford, 2010 VT 39, ¶ 11, 188 Vt. 17, 998 A.2d 684, 689 (2010) (<HOLDING>); Knight v. Commonwealth, 61 Va.App. 297, 734 Options: A. recognizing emergency exception B. recognizing exception C. recognizing the community caretaking exception but holding it inapplicable to justify the police action at issue D. recognizing that the community caretaking exception is distinct from the emergency aid or emergency assistance exception to the fourth amendment warrant requirement E. holding that community caretaker exception applied but citing and relying on cases discussing the emergency aid exception

assistant: The best answer is D. recognizing that the community caretaking exception is distinct from the emergency aid or emergency assistance exception to the fourth amendment warrant requirement
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: If the Participant violates either of the covenants in Section 5(a) or Section 5(b), the PSUs will be forfeited and the Participant’s rights under this Agreement will terminate. In addition, if any dispute arises concerning the violation by the Participant of the covenants described in this section, in addition to any other rights or remedies of this Company, an injunction may be issued restraining such violation pending the determination of such controversy, and no bond or other security will be required in connection therewith. Further, the Company will be entitled to seek appropriate legal relief, including money damages, equitable relief, and attorneys’ fees.

assistant: Remedies
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: Plaintiff used BOX Partners instead of BOX Packaging. Multiple exhibits, including countless invoices, paperwork, correspondence, and advertisements, refer only to BOX Partners, and not BOX Packaging. While many of these invoices are from more recent years, the record reveals that Plaintiff started to use BOX Partners more frequently over referring to itself as Box Packaging. Plaintiff also changed the sign outside its office from BOX Packaging to BOX Partners and employees use “box-partners.com” email addresses. Irrespective of when all of these changes occurred, Plaintiffs inconsistent use of BOX Packaging contradicts its attempts to establish a secondary meaning through exclusivity, length and manner of use. See Gimix, Inc. v. JS & A Group, Inc., 699 F.2d 901, 907 (7th Cir.1983) (<HOLDING>). Indeed, Plaintiff is correct that a product Options: A. holding that inconsistent advertising of an alleged protected trademark for five years did not establish secondary meaning B. holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony C. holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act D. holding that there must be a causal connection between an insureds advertising and an alleged injury to trigger coverage for an advertising injury E. holding that although the underlying action is one for trademark infringement the infringement occurred as a result of the underlying defendants use of the trademark in their advertising

assistant: The best answer is A. holding that inconsistent advertising of an alleged protected trademark for five years did not establish secondary meaning
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: arrest because arrest was unlawful); City of Chillicothe v. Jobe, No. 1115 (4th Dist. Ohio Ct.App. July 1, 1985) (Ohio Rev.Code § 2921.33 requires proof that the arrest was lawful as a “prerequisite” for conviction); State v. Smith, No. 10-014 (11th Dist. Ohio Ct.App. Sept. 21,1984) (the terms of Ohio Rev.Code § 2921.33 requires resistance to a lawful arrest). See also State v. Kirchner, 19 Ohio Misc.2d 7, 8, 483 N.E.2d 497 (1984) (“a defendant cannot be convicted of resisting arrest unless there was a ‘reasonable basis’ for the arrest”); State v. Paglia, 62 Ohio Misc. 7,10, 403 N.E.2d 1216 (1979) (the specific reference in Ohio Rev.Code § 2921.33 to a “lawful arrest” requires that the arresting officer have probable cause for the arrest); Coffel v. Taylor, 8 Ohio Op.3d 253 (1978) (<HOLDING>). The trial court in the present case, however, Options: A. holding that a lawful custodial arrest is a prerequisite to a search since the arrest is the authority of law justifying the search B. recognizing that a conviction under 292133 requires that the arrest be lawful C. holding that an officer may search a suspects vehicle incident to a lawful arrest D. holding that a search incident to a lawful arrest does not violate the fourth amendment E. recognizing that police officers may use reasonable force to make a lawful arrest

assistant: The best answer is B. recognizing that a conviction under 292133 requires that the arrest be lawful
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: failed to show any convincing reason why dismissal of NSC as a party to the lawsuit would make complete relief unavailable. Again, NSC is not a railroad and has no employees represented by BRS. NSC has shown that it has no obligation to bargain with BRS under the RLA, and BRS has failed to show how it could be harmed by NSC’s absence from this action. See Local Union 808, International Brotherhood of Teamsters v. P & W R.R., 576 F.Supp. 693, 699 (D.Conn.1983). NSC has shown that it is careful to maintain the distinct and separate nature of the identities of the respective corporations, and BRS has shown no convincing legal or practical reasons for the Court to ignore these separate corporate identifies. See Brotherhood of Locomotive Engineers v. ICC, 909 F.2d 909, 913 (6th Cir.1990) (<HOLDING>) (citation omitted); Brotherhood of Maintenance Options: A. holding that a loan transaction is a business practice under the ucl B. holding out admission to practice law when not admitted to practice C. holding that a companys use of a subsidiary is a sound business practice with which we will not interfere D. holding that conclusory allegations that defendant used coercive business practices to intentionally interfere with business relations was insufficient to state a claim E. holding that questions concerning the admissibility of hearsay evidence rest within the sound discretion of the trial court and this court will not interfere in the absence of abuse appearing on the face of the record

assistant: The best answer is C. holding that a companys use of a subsidiary is a sound business practice with which we will not interfere
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 Administrative Agent shall have received a certificate from a Financial Officer of Holdings certifying that the Borrower and its subsidiaries, on a consolidated basis, immediately after giving effect to this Agreement and the transactions contemplated hereby to occur on the Closing Date, are solvent in accordance with the provisions of Section 3.24.

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: From time to time after each Closing, Seller shall execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, to Purchaser, and Purchaser shall execute, acknowledge, and deliver, and cause to be executed, acknowledged, and delivered to Seller, such further documents and instruments, and take such other and further actions, as may be reasonably requested by each such Party in order to more effectively assure to Purchaser the full beneficial use and enjoyment of the applicable Acquired Assets purchased by Purchaser, and to more effectively assure to Seller the full assumption by Purchaser of, and release of Seller from, any Liability with respect to the Assumed Liabilities, and to otherwise more fully accomplish the Contemplated Transactions, in each case subject to the terms and conditions in this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: they reasonably believed Lambeth could have been committing, after the troopers had obtained all the information they needed to write Lam-beth citations, and after Trooper Wilson had called for a canine unit — the stop should have already been concluded and citations should have already been issued. Because Lambeth’s detention should have ended prior to the point in time when Trooper Hatfield said that he smelled marijuana on Lambeth, this fact cannot retroactively justify Lambeth’s unauthorized, continued detention. See Davis, 947 S.W.2d at 244-45; $217,590.00 In U.S. Currency, 54 S.W.3d at 924 (explaining that traffic stop will not justify continued detention to await the arrival of a drug detection dog). Cf. Coleman v. State, 188 S.W.3d 708, 719 (Tex.App.-Tyler 2005, pet. ref'd) (<HOLDING>), cert. denied, — U.S. -, 127 S.Ct. 502, 166 Options: A. holding officers articulated reasonable suspicion justified appellants contin ued detention to await canine unit when officer suspected appellant of drug trafficking based on appellants prior arrests for drug offenses appellants lie about his prior criminal history and appellants possession of small jewelers bags used in cocaine trafficking B. holding admissible police officers testimony that firearms are commonly used in drug trafficking C. holding that prior drug trafficking conviction was admissible to prove intent to distribute D. holding that appellants privacy interests under the us and texas constitutions were not invaded when officer walked up appellants driveway to allow drug dog to sniff appellants garage door E. holding that an officers observation of exchange of small object and money in a known drug trafficking area constituted reasonable suspicion

assistant: The best answer is A. holding officers articulated reasonable suspicion justified appellants contin ued detention to await canine unit when officer suspected appellant of drug trafficking based on appellants prior arrests for drug offenses appellants lie about his prior criminal history and appellants possession of small jewelers bags used in cocaine trafficking
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 notice relating to this Award shall be in writing (which shall include electronic form) and delivered in person, electronically or by first class mail, postage prepaid, to the address as hereinafter provided. Each notice shall be deemed to have been given on the date it is received. Each notice to the Company shall be addressed to it at its offices at Analog Devices, Inc., One Technology Way, Norwood, Massachusetts, 02062 U.S.A., Attention: Stock Plan Administrator, Treasury Department. Each notice to the Optionee shall be addressed to the Optionee at the Optionee’s last known mailing or email address, as applicable, on the records of the Company.

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 legal provision and list the applicable contract clause categories. Provision: It is expressly understood and agreed that although Executive and the Company consider the restrictions contained in Annex 2 to be reasonable, if a final judicial determination is made by a court of competent jurisdiction that the time or territory restriction or any other restriction contained in Annex 2 is an unenforceable restriction against Executive, such provision shall not be rendered void but shall be deemed amended to apply to such maximum time and territory, if applicable, or otherwise to such maximum extent as such court may judicially determine or indicate to be enforceable. Alternatively, if any court of competent jurisdiction finds that any restriction contained in Annex 2 is unenforceable, and such restriction cannot be amended so as to make it enforceable, such finding shall not affect the enforceability of any of the other restrictions contained herein. In the event that any one or more of the other provisions of this Agreement shall be or become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected thereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon any termination of employment, the Executive shall promptly resign from any positions with the Company, whether as an officer, director, employee, or otherwise and shall promptly execute any documents reasonably required to effectuate the resignation. Notwithstanding any other provision of this Agreement to the contrary, the Executive acknowledges and agrees that any and all payments to which the Executive is entitled under Section 2.2, Section 4 or Section 13, other than payment of any Final Compensation, are conditioned upon and subject to the Executive's (or his estate's) execution, delivery and non-revocation within fifty-five (55) days following the Executive's termination of employment of a general waiver and release (for the avoidance of doubt, the restrictive covenants contained or referred to in Section 5, 6 and 7 of this Agreement shall survive the termination of this Agreement), in substantially the form delivered to the Executive in connection with the execution of this Agreement, of all claims, except for such matters covered by provisions of this Agreement which expressly survive the termination of this Agreement (the "Release Condition"). Payments and benefits of amounts which do not constitute nonqualified deferred compensation and are therefore not subject to Section 409A (as defined below) shall commence five (5) days after the Release Condition is satisfied and payments and benefits which are subject to Section 409A shall commence on the 60 th day after termination of employment (subject to further delay, if required pursuant to Section 3.9 above) provided that the Release Condition is satisfied.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto on separate counterparts, including via facsimile transmission or other electronic transmission capable of authentication, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same agreement. A set of counterparts executed by all the parties hereto shall be lodged with the Borrower and the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date of this Agreement, (a) the name and jurisdiction of organization of each Subsidiary is set forth on Schedule 3.13 ; and (b) the Company has no Material Subsidiaries or Specified Subsidiaries other than those specifically designated as such on Schedule 3.13 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 2004. Because Prudential arbitrarily denied Mr. Smith’s benefits as of that date, the Plan Administrator did not examine evidence regarding Mr. Smith’s disability after July 2, 2004, nor is there sufficient evidence in the record for the Court to do so. Because the administrative record is insufficient to determine the end date of Mr. Smith’s short-term disability (assuming it did end), the Court will remand the case to the Plan Administrator for further evaluation consistent with this opinion. See Smothers v. Multi-Tool, Inc./Multi-Plastics, Inc. Employee Health & Welfare Plan, 298 F.3d 191, 200 (3d Cir.2002) (remanding case to plan administrator for first consideration of facts newly made relevant by the Court’s opinion); Zervos v. Verizon N.Y., Inc., 277 F.3d 635, 648 (2d Cir.2002) (<HOLDING>). IV. CONCLUSION For the reasons set forth Options: A. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator B. holding that remand is the proper course for handling a case where the factual record is incomplete C. holding that it is appropriate to remand to the plan administrator when the administrative record is incomplete D. holding that a payment is under the plan when the debt is provided for in the plan E. holding that one who is named in documents as plan administrator signs documents as plan administrator and assumes discretionary authority in the administration of the pension plan is a fiduciary

assistant: The best answer is C. holding that it is appropriate to remand to the plan administrator when the administrative record is incomplete
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed (both as to validity and performance) and enforced in accordance with and governed by the laws of the State of New Jersey applicable to agreements made and to be performed wholly within the State of New Jersey, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of New Jersey or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of New Jersey. Except as provided in Section 6.9, exclusive jurisdiction for all disputes or claims arising under or in connection with this Agreement, and any and all claims by or against you relating to your employment with the Company, shall lie in any Federal or state court located within Somerset County of New Jersey.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the parties, we find only one to have merit. The trial court properly considered the Husband’s police pension plan as a marital asset, but erred in its valuation for the purpose of equitable distribution. The only evidence of the value of the police pension plan related to actual cash contributions. No evidence of its present value was presented. We therefore reverse and remand for a proper calculation of the Husband’s police pension plan, utilizing the concept of present value. Since reconsideration of the value of this asset will likely affect the overall equitable distribution plan, we also remand with instructions to re-consider the equitable distribution of the parties’ marital assets in light of the changed valuation. See Dal Ponte v. Dal Ponte, 692 So.2d 283 (Fla. 1st DCA 1997)(<HOLDING>). We affirm in all other respects. However, Options: A. holding that if the market value of an asset can be ascertained the decree should account for the change in value between the date of the decree and the timely execution of the distribution plan in the decree the distribution based on value at the distribution date B. holding that where trial court erred in applying established law to the facts of the case it must be reversed and remanded for a new hearing to give the trial court an opportunity to address the issue C. holding that where the trial court awarded the former husband the value of his pension plan but failed to calculate the present value of the plan case must be reversed and remanded for redetermination of equitable distribution D. holding that the defendant withheld pension benefits in breach of the plan E. holding that a fixed system of distribution is applicable where no present value can be established

assistant: The best answer is C. holding that where the trial court awarded the former husband the value of his pension plan but failed to calculate the present value of the plan case must be reversed and remanded for redetermination of equitable distribution
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: No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Letter, or the waiver by either party of any breach of this Letter, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the settlement to be a fair resolution of its underlying claims with the nursing homes, but only a mitigation of damages after plaintiff lost the trial court motion to amend its complaint. Plaintiff further contended its malpractice action was its only viable remedy to Squitieri’s negligence. Plaintiff argued it was not required as a matter of law to exhaust its appellate remedies or continue the prophylactic, and potentially frivolous, subsequent lawsuits against the nursing homes to perfect its legal malpractice claim. Rather, plaintiff contended, it only was required to take reasonable steps to avoid the consequences of its former attorney’s tortious conduct before it sued the attorney for malpractice. See Spaulding v. Hussain, 229 N.J.Super. 430, 444, 551 A.2d 1022 (App.Div.1988) (<HOLDING>); see also Covino v. Peck, 233 N.J.Super. 612, Options: A. holding that the defendant was only permitted to recover attorney fees as an item of special damages with respect to the underlying action in which the defendant was sued and was not permitted to recover attorney fees incurred in the malpractice portion of the case as damages B. holding professional malpractice claim not contractual C. holding that election of remedies did not apply because legalmalpractice plaintiffs allegations in the underlying partnership dispute were consistent with his allegations in his malpractice action against his litigation attorney in the underlying case D. holding that the plaintiffs inadequate settlement of his underlying claim at trial was a reasonable mitigation of damages in the professional malpractice action against his treating physician for failing to appear in court as promised because the plaintiff and his attorney were threatened with a litigation catastrophe E. holding that a clients legal malpractice action instituted after his attorney failed to file suit in new jersey within the statute of limitations was a reasonable response to a legal catastrophe and was not barred by the doctrine of mitigation of damages although the client could have filed suit against one of the underlying tortfeasors in mississippi which had a longer statute of limitations the client was not required to litigate in an inconvenient forum in an attempt to extricate the defendant from his own wrongful act

assistant: The best answer is D. holding that the plaintiffs inadequate settlement of his underlying claim at trial was a reasonable mitigation of damages in the professional malpractice action against his treating physician for failing to appear in court as promised because the plaintiff and his attorney were threatened with a litigation catastrophe
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 shall agree to the content of any press release or other public announcement concerning this Agreement or the transactions contemplated hereby before issuing the same. Nothing contained herein shall prevent any party from at any time furnishing any information to any Governmental Entity or publicly filing any information with the SEC which it is by law or otherwise so obligated to disclose or from making any disclosure which its counsel deems necessary or advisable in order to fulfill such party’s disclosure obligations under applicable U.S. law or the rules of the any stock exchange to which the party is subject.

assistant: Publicity
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: than reiterate the complaints voiced in earlier objections and have no substantial impact on the court’s decision. Similarly, the motion to accept opt out nunc pro tunc of class members George H. and Patsy T. Cramer establishes with striking detail that the Cramers acted in good faith and have a reasonable basis for not responding by the deadline, and it appears that the defendants will suffer little, if any, prejudice if the court heeds their request. Thus, their motion is granted. Cf. Orthopedic Bone Screw, 246 F.3d at 322-23 (setting forth factors for consideration in extending deadline and reversing lower court’s decision to exclude claimant from participation in class action settlement for failure to meet registration deadline); Burns v. Elrod, 757 F.2d 151, 155 (7th Cir. 1985) (<HOLDING>). 39 . The Third Circuit has stated that “it is Options: A. holding that a claim filed after the last date fixed for the filing of claims was not a covered claim and noting that the requirement in the statute that claims be presented before the filing deadline evidences an intent on the part of the legislature to provide a cutoff date after which the association is no longer obligated to accept claims B. holding that when an insurer denies coverage on grounds unrelated to late notice a strong presumption arises that the insurer has not suffered prejudice from the late notice C. holding that a motion court is compelled to dismiss late filed claims D. holding that courts should exercise their discretion to permit the filing of late claims only when the equities on balance favor claimants and denying petitions to file late claims where they were filed more than 19 months after the deadline E. holding actions filed one day late are barred

assistant: The best answer is D. holding that courts should exercise their discretion to permit the filing of late claims only when the equities on balance favor claimants and denying petitions to file late claims where they were filed more than 19 months after the deadline
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: Employee shall remain solely responsible for Employee’s global tax liabilities after April 30, 2017. Employee acknowledges and agrees to indemnify, defend and hold the Company harmless for, from and against any and all taxes, together with any interest and penalties with respect thereto, that may be imposed by any taxing authority upon the Company with respect to Employee’s global tax liabilities after April 30, 2017, or any penalties or interest that are assessed by any taxing authority for Employee’s global tax liabilities before or after April 30, 2017 that are solely caused by Employee’s knowing failure to timely submit required information. Employee further acknowledges and agrees to indemnify, defend and hold the Company harmless for, from and against any acts, claims, lawsuits or other choses in action arising out of Employee’s use of his personal tax service provider and decision not to use the Company’s designated tax service provider for his U.S. location tax return preparation.

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 legal provision and list the applicable contract clause categories. Provision: Executive shall have supervision, control over, and responsibility for the day-to-day business and affairs of the Company and shall have such other powers and duties as may from time to time be prescribed by the CEO, provided that such supervision, control over, responsibilities and duties are consistent with Executive’s position or other positions that he may hold from time to time. Executive shall devote substantially all of his business time and attention to the performance of Executive’s duties hereunder and to the Company’s affairs and shall not engage in any other business, profession or occupation for compensation or otherwise that would conflict or interfere with the rendition of such services, either directly or indirectly; provided , that nothing herein shall preclude Executive from (i) serving on the board of directors of two (2) for-profit companies that do not compete with the Company in the judgment of the Board; (ii) serving on civic or charitable boards or committees; and/or (iii) managing personal investments, so long as all such activities described in clauses (i) through (iii) above do not unreasonably interfere with the Executive’s performance of his duties to the Company as provided in this Agreement and, in the case of the activities described in clauses (i) and (ii), are disclosed to the Board.

assistant: Duties
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: AGPI/Lynxus in the press releases, the two companies were new, small and related to each other. Such characteristics would tend to undermine the investor’s impression of the solidity of the new contracts and would imply instead that IPax-ess had embarked on a speculative venture. The omission of those facts was material to a reasonable investor’s appreciation of the implications of the deals for IPaxess’s bottom line. Finally, while the defendants characterize some of the statements in these two releases as “forward-looking” and subject to the PSLRA’s safe harbor provision because of the releases’ cautionary language, they acknowledge that the facts concerning the contracts are not forward-looking predictions. See Griffin v. GK Intelligent Systems, Inc., 87 F.Supp.2d 684 (S.D.Tex.1999) (<HOLDING>). Our analysis is independent of the statements Options: A. holding that the defendants announcement that it had entered into a threeyear agreement from which it expected to realize 12 million in revenues referred to thenpresent factual conditions and thus did not fall within the safeharbor provision of the pslra B. holding that congress intended for complaints under the pslra to stand or fall based on the actual knowledge of the plaintiffs rather than information produced by the defendants after the action has been filed C. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them D. holding that defendants testimony that he did not see a provision in the agreement because the plaintiffcounterparty failed to direct him to the provision was insufficient as a matter of law to establish fraud and defendant was therefore bound to the terms of the provision E. holding that it is not

assistant: The best answer is A. holding that the defendants announcement that it had entered into a threeyear agreement from which it expected to realize 12 million in revenues referred to thenpresent factual conditions and thus did not fall within the safeharbor provision of the pslra