flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as a circumstance “which may result in disqualification, ineligibility, or denial or loss of benefits.” 29 U.S.C. § 1022(b); see Dodson v. Woodmen of World Life Ins. Soc’y, 109 F.3d 436, 439 (8th Cir.1997) (noting that the omission from the SPD of a time limit for filing suit violated § 1022(b) because the time limit was a circumstance that might result in loss of benefits). Therefore, the placement and display of the deadline must meet the statutory and regulatory standards. We hold that the manner of disclosure in this case met those standards. First, placement of the deadline in the Disability chapter, rather than in the Administrative chapter (where Plaintiff argues it should have appeared) was reasonable. See Abena v. Metro. Life Ins. Co., 544 F.3d 880, 884 (7th Cir.2008) (<HOLDING>). The correspondence that MetLife sent to Options: A. recognizing that owens clarified wilson and designating the sixyear limitations period in section 54105 subd 15 as the applicable limitations period for section 1983 claims B. holding that insurance plans thirtynine 39 month contractual limitations period shorter than statute of limitations was reasonable and thus enforceable C. holding that the statute of limitations for 1983 claims is the most closely analogous state limitations period for general personal injury claims D. holding that placement of a contractual limitations period in a section entitled claims was reasonable E. holding that the limitations period in section 13 214a takes precedence over the limitations period for personal injuries found in section 13 202 of the code

assistant: The best answer is D. holding that placement of a contractual limitations period in a section entitled claims was reasonable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • post , upload , publish , submit or transmit any content that : ( i ) infringes , misappropriates or violates a third party 's patent , copyright , trademark , trade secret , moral rights or other intellectual property rights , or rights of publicity or privacy ; ( ii ) violates , or encourages any conduct that would violate , any applicable law or regulation or would give rise to civil liability ; ( iii ) is fraudulent , knowingly false , misleading or deceptive ; ( iv ) is defamatory , obscene , pornographic , vulgar or offensive ; ( v ) promotes discrimination , bigotry , racism , hatred , harassment or harm against any individual or group ; ( vi ) is violent or threatening or promotes violence or actions that are threatening to any person or entity ; or ( vii ) promotes illegal or harmful activities or substances ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for fees payable to Agent and/or Lenders or as set forth on Schedule 3.15 , no broker, finder or other intermediary has brought about the obtaining, making or closing of the transactions contemplated by the Operative Documents, and no Credit Party has or will have any obligation to any Person in respect of any finder’s or brokerage fees, commissions or other expenses in connection herewith or therewith.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If and to the extent appointed by the Investment Committee, the Asset Allocation Fiduciary shall have the authority and responsib ilities for the determination of the allocation of investments within any Target Fund or portfolio, which shall be made from other investment alternatives selected by the Investment Committee, except to the extent delegated to other persons or otherwise pr ovided for herein. With respect to said authority and responsibility, the Asset Allocation Fiduciary shall be a "Named Fiduciary" and, as such, shall have no authority and responsibility other than as granted in the Plan or as imposed by law. If the Inve stment Committee does not appoint an Asset Allocation Fiduciary, the Investment Committee shall have the authority and responsibilities set forth in this section.

assistant: Authority
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 agreements in this Section 10.04 shall survive the resignation of any Agent, the Swing Line Lender, and the LC Issuer, the assignment of any Commitment or Loan by any Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Secured Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: brief to the attorney general, the department listed nine lawsuits involving the use of force that it claimed were pending against the department and attached a representative sample of the information requested, including an Internal Affairs Division investigation file (“IAD file”), and an individual prisoner file of an inmate in the Harris County Jail. In a letter ruling, the attorney general determined that while some of the responsive information was excepted from disclosure under the litigation exception, “completed reports,” expressly made public under the Act, and “basic information,” deemed public by Houston Chronicle Publishing Co. v. City of Houston, were public information that must be released. 581 S.W.2d 177, 186-87 (Tex.Civ.App.-Houston [14th Dist.] 1975) (“Chronicle I”) (<HOLDING>), writ ref'd n.r.e., 536 S.W.2d 559 (Tex.1976) Options: A. recognizing relevance of information and that need for this information outweighs the burden to appellants B. holding that certain information on police blotter show up and arrest sheets and front page of offense report are public information C. holding that due process was violated where a death sentence was imposed based on information in a presentence report and the defendant was not given an opportunity to deny or explain the information D. holding that police were justified in arresting person on basis of information provided directly to police by named citizen informer reliance on the information was justified in part because the informant by giving her name presumably knew that the police could arrest her for making a false report E. holding that information from confidential informant was reliable and credible where affidavit referred to previous instances in which informant provided correct information to police affiants own investigation and controlled buy of contraband confirmed information and second informant supplied same information to police

assistant: The best answer is B. holding that certain information on police blotter show up and arrest sheets and front page of offense report are public information
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: establish pretext so as to make summary judgment improper. In this case, while the indirect evidence and direct evidence are independently sufficient to allow the Chuangs to proceed to trial, it is the cumulative evidence to which a court ultimately looks. 1. Indirect Evidence It is not quite accurate to say that at this point the burden of production shifts back to the Chuangs. As the Supreme Court recently reaffirmed, a disparate treatment plaintiff can survive summary judgment without producing any evidence of discrimination beyond that constituting his prima facie case, if that evidence raises a genuine issue of material fact regarding the truth of the employer’s proffered reasons. Reeves v. Sanderson Plumbing Prods., Inc., — .U.S. -, -, 120 S.Ct. 2097, 2108, 147 L.Ed.2d 105 (2000) (<HOLDING>); see also St. Mary’s Honor Center, 509 U.S. at Options: A. holding that in a discrimination case plaintiff must prove that firing was a result of intentional discrimination B. holding that the factfinder may infer discrimination from the falsity of the employers explanation C. holding that if factfinder rejects employers proffered nondiseriminatory reasons as unbelievable it may infer the ultimate fact of intentional discrimination without additional proof of discrimination D. holding that a finding of pretextuality allows a juror to reject a defendants proffered reasons for a challenged employment action and thus permits the ultimate inference of discrimination E. holding in the discrimination context that a plaintiff may challenge incidents which occurred outside the statute of limitations period if the various acts of discrimination constitute a continuing pattern of discrimination

assistant: The best answer is C. holding that if factfinder rejects employers proffered nondiseriminatory reasons as unbelievable it may infer the ultimate fact of intentional discrimination without additional proof of discrimination
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 Executive ’ s term of employment with the Company under this Agreement shall begin on the Effective Date and shall continue on an at-will basis until that employment ceases in accordance with Section 6 for any reason (the “ Term ” ).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: WL 370461, at *4 (Minn.App. July 8, 1997) (stating that while section 197.46 specifically allows the veteran’s right to appeal, “both parties have the same right to appeal”), review denied (Minn. Sept. 3, 1997). These decisions cited Schrader as support. Stafne, 1998 WL 778931, at *3; Rollins, 1997 WL 370461, at *4. The district court relied on Schrader and Stafne as support for its dismissal order; Eldredge relies on Rollins in addition to Schrader and Stafne. But as unpublished cases, Stafne and Rollins are not binding authority. Minn.Stat. § 480A.08, subd. 3(c) (2008) (stating that “[u]npublished opinions of the [c]ourt of [ajppeals are not precedential”). And although unpublished cases may have persuasive value, see Dynamic Air, Inc. v. Bloch, 502 N.W.2d 796, 800 (Minn.App. 1993) (<HOLDING>), because Stafne and Rollins did not involve Options: A. holding that unpublished opinions have precedential effect B. holding that unpublished opinions are of persuasive value at best and not precedential C. holding onejustice opinion has no precedential value D. recognizing that unpublished decisions issued after january 1 1996 are not controlling precedent but may be considered persuasive authority E. recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

assistant: The best answer is B. holding that unpublished opinions are of persuasive value at best and not precedential
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: 55(c) motion on or before August 22, 2012, the 90th day after it was filed, that motion was denied by operation of law on that date, which denial terminated the trial court’s jurisdiction. See, e.g., Scott v. Lenoir, 5 So.3d 1282, 1283 (Ala.Civ.App.2008) (“The trial court loses jurisdiction to consider [a postjudgment] motion after the expiration of the 90-day period.”). Because its jurisdiction terminated on August 22, 2012, the trial court lacked jurisdiction to enter the November 16, 2012, order purporting to set aside the default judgment against Thurmond; the March 16, 2013, order purporting to deny Thurmond’s summary-judgment motion; and the April 16, 2013, order purporting to enter a summary judgment in favor of Parrish. See Sibley v. Sibley, 90 So.3d 191, 193 (Ala.Civ.App.2012) (<HOLDING>). A judgment entered by a trial court lacking Options: A. holding that the improper appointment of a judge to a case deprived the court of jurisdiction to rule on any motions pending before that judge the orders entered by that judge were entered without jurisdiction of the court and were thus void B. holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure C. holding trial court order which purportedly corrected divorce decree to alter marital property division was void because it was entered after this court obtained jurisdiction D. holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions E. holding that a default judgment was not void because the bankruptcy court that entered the judgment had proper jurisdiction over the party seeking relief

assistant: The best answer is D. holding that an order purporting to amend a judgment was void because it was entered after the trial court had lost jurisdiction to rule on the parties postjudgment motions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall reimburse the lead Buyer for all reasonable costs and expenses incurred by it or its affiliates in connection with the structuring, documentation, negotiation and closing of the transactions contemplated by the Transaction Documents (including, without limitation, as applicable, all reasonable legal fees of outside counsel and disbursements of Kelley Drye & Warren LLP, counsel to the lead Buyer, any other reasonable fees and expenses in connection with the structuring, documentation, negotiation and closing of the transactions contemplated by the Transaction Documents and due diligence and regulatory filings in connection therewith) (the “ Transaction Expenses ”) and shall be withheld by the lead Buyer from its Purchase Price at the Closing, less $20,000 previously paid by the Company to Kelley Drye & Warren LLP; provided, that the Company shall promptly reimburse Kelley Drye & Warren LLP on demand for all Transaction Expenses not so reimbursed through such withholding at the Closing. The Company shall be responsible for the payment of any placement agent’s fees, financial advisory fees, transfer agent fees, DTC (as defined below) fees or broker’s commissions (other than for Persons engaged by any Buyer) relating to or arising out of the transactions contemplated hereby (including, without limitation, any fees or commissions payable to the Placement Agent, who is the Company’s sole placement agent in connection with the transactions contemplated by this Agreement). The Company shall pay, and hold each Buyer harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys’ fees and out-of-pocket expenses) arising in connection with any claim relating to any such payment. Except as otherwise set forth in the Transaction Documents, each party to this Agreement shall bear its own expenses in connection with the sale of the Securities to the Buyers.

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 legal provision and list the applicable contract clause categories. Provision: The term (“ Term ”) of this Agreement shall commence from the date of this Agreement through the date that the Shareholders (together with their Affiliates) no longer beneficially own Common Stock (including shares underlying options or warrants) representing, on a fully diluted basis, in the aggregate, at least 20% of the Company’s outstanding Common Stock; provided , however , that this Agreement may be terminated or amended at any time by the mutual written consent of the Parties, including the prior written consent of a disinterested majority of the Board of Directors of the Company; provided, further , that this Agreement may be terminated by any Party (a) if the stock purchase transactions refered to in the recitals are not closed on or before January 10, 2018 or (b) following six (6) months written notice to the other Parties delivered at any time after July 1, 2020.

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: All covenants, agreements, representations and warranties made by the Loan Parties in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid or any Letter of Credit is outstanding (unless such Letter of Credit has been cash collateralized or backstopped pursuant to arrangements reasonably satisfactory to the Administrative Agent) and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15, 2.16, 2.17 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [14th Dist.] 1990, writ denied). However, the trial court properly considered counsel’s testimony as to the facts of his representation and found it to establish a reasonable fee of $13,000. In the absence of expert testimony, a trial court can take judicial notice of usual and customary attorney’s fees in a proceeding before the court without receiving further evidence. Tex.Civ.Prac. & Rem.Code Ann. § 38.004 (Vernon 1986). It is presumed that usual and customary attorney’s fees are reasonable, although the presumption may be rebutted. Id. at § 38.003. The award of reasonable attorney’s fees is mandatory under § 38.001 if there is proof of the reasonableness of the fees. See Caldwell & Hurst v. Myers, 714 S.W.2d 63, 65 (Tex.App.— Houston [14th Dist.] 1986, writ ref’d n.r.e.) (<HOLDING>). A court has the discretion to fix the amount Options: A. holding that predecessor to section 38001 codified with no changes as section 38001 et seq contained no requirement that the contract sued upon have a provision providing for attorneys fees B. holding that an attorneys services were personal services rendered or labor done under the predecessor statute to section 38001 C. holding award of attorneys fees to party prevailing on contract claim is mandatory under section 38001 if there is proof of the reasonableness of the fees D. holding defendant could not recover attorneys fees under predecessor to statute 38001 when defendant did not present contract claim E. holding fees mandatory under predecessor statute of 38001

assistant: The best answer is E. holding fees mandatory under predecessor statute of 38001
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: witness on the subject of paranoid schizophrenia, testified that persons with that illness have delusions that people are trying to hurt them, are very sensitive to perceived threats to their environment, and display a sense of distrust and vulnerability, even when they are on medication. Also at the hearing, trial counsel testified that he was an experienced criminal defense attorney at the time of appellant’s case. After gathering information relevant to appellant’s condition, trial counsel concluded that if he had presented evidence of appellant’s mental health, it would have detracted from what he believed to be the core issue in the case — self-defense. He also believed that, under Georgia law, appellant was not insane. See OCGA §§ 16-3-2 and 16-3-3. Trial counsel acq (2003) (<HOLDING>). Judgment affirmed. All the Justices concur. 1 Options: A. holding that aljs should account for time lost due to a strike or an injury caused by a strike B. holding that trial counsel did not act unreasonably in failing to raise the issue of the defendants mental health at trial C. holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted D. holding that a juror need not be excused for cause merely because he gives equivocal re sponses E. holding that trial counsel acted unreasonably in using a peremptory strike on a juror who had already been excused for cause

assistant: The best answer is E. holding that trial counsel acted unreasonably in using a peremptory strike on a juror who had already been excused for cause
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 become effective as to any party to this Agreement when a counterpart hereof executed on behalf of such party shall have been delivered to the Agent and a counterpart hereof shall have been executed on behalf of the Agent, and thereafter shall be binding upon such party and the Agent and their respective permitted successors and assigns, and shall inure to the benefit of such party, the Agent and the other Secured Parties and their respective permitted successors and assigns, except that no party shall have the right to assign or transfer its rights or obligations hereunder or any interest herein or in the Collateral (and any such assignment or transfer shall be void) except as not prohibited by this Agreement or the Credit Agreement. This Agreement shall be construed as a separate agreement with respect to each party and may be amended, modified, supplemented, waived or released in accordance with Section 5.09 .

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: The Company shall pay or reimburse a Participant for all costs and expenses (including, without limitation, court costs and reasonable legal fees and expenses which reflect common practice with respect to the matters involved) incurred by such Participant as a result of any bona fide claim, action or proceeding (a) arising out of such Participant’s termination of employment during the Term, (b) contesting, disputing or enforcing any right, benefits or obligations under this Plan, or (c) arising out of or challenging the validity, advisability or enforceability of this Plan or any provision thereof (the “ Legal Reimbursements ”). The Legal Reimbursements shall be paid by the Participating Company Group promptly (but in no event more than five (5) business days) following receipt of a written request for payment or reimbursement, as the case may be. It is intended that each installment of payments under this Section 6 is a separate “payment” for purposes of Section 409A. The Legal Reimbursements also are subject to the following requirements: (i) the Legal Reimbursements are payable only during the Participant’s lifetime, (ii) the expenses that are eligible to be reimbursed to the Participant as Legal Reimbursements during one calendar year may not affect the expenses eligible to be reimbursed to the Participant as Legal Reimbursements during any other calendar year, (iii) in no event will the Legal Reimbursements be provided to the Participant after the last day of the calendar year following the calendar year in which the applicable expense was incurred, and (iv) the right to the Legal Reimbursements is not subject to liquidation or exchange for any other benefit.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a (emphasis added). The 1867 Agreement was “subject to the approval of the President of the United States[.]” The Secretary of the DOI, then Orville H. Browning, transmitted the agreement to the President Secretary Browning’s transmittal letter explained the agreement “providfed] for uniting the two tribes, as contemplated by the Cherokee Treaty of July 19th 1866” and “recommend[ed] that it be approved.” (emphasis added). President Andrew Johnson approved the agreement. The registered Delawares fulfilled all of the stipulations in the 1867 Agreement and moved onto selected 160-acre tracts scattered throughout the Nation. IV. The genesis of the present case is the DOI’s 1996 decision to extend Federal recognition to the Delawares based on i 10-11, 15 S.Ct. 55, 39 L.Ed. 120 (1894) (<HOLDING>); Delaware Indians v. Cherokee Nation, 38 Options: A. holding that plaintiff entitled to recover for changes not incorporated into contract under theory of breach B. holding that the general corporate laws are incorporated into the corporate charter C. holding patent policy incorporated by reference into patent agreement D. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree E. holding that under the 1867 agreement the delawares became incorporated into the cherokee nation and are members and citizens thereof

assistant: The best answer is E. holding that under the 1867 agreement the delawares became incorporated into the cherokee nation and are members and citizens thereof
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: 117 S.Ct. 2231, 138 L.Ed.2d 689 (1997). The TCPA generally makes it unlawful to call wireless numbers using an auto-dialer without “the prior express consent of the called party.” 47 U.S.C. § 227(b)(1)(A). In the debt collection context, the FCC has stated that “express consent” is given if a consumer gives a creditor a cellphone number “during the transaction that resulted in the debt owed.” 2008 TCPA Order at ¶ 10. The class definitions articulated by Jamison require either that class members’ cellphone numbers were obtained by skip trace methods or that class members’ cellphone numbers were obtained by skip trace methods and their cellphone numbers are not located in Honda’s records. Here, Honda contends that determi 528, 2011 WL 248511, at *8 (N.D.Ill. Jan. 25, 2011) (St. Eve, J.) (<HOLDING>); Versteeg v. Bennett, Deloney & Noyes, P.C., Options: A. holding that because the defendant has the right to litigate the issue of each class members consent the trial court did not improperly exercise its discretion in finding that these issues would predominate over common questions B. holding that individualized issues of consent predominated over common issues because defendant set forth specific evidence showing large amount of the putative class consented to receive faxes C. holding that a showing that common issues predominated also established superiority and a presumption against dismissal for management reasons D. holding that individualized questions concerning the defendants responsibility for diminished sales prices of class members bonds predominated over any common questions rendering class certification inappropriate E. holding that individualized factual determinations precluded finding that common issues predominate reversing the class certification order

assistant: The best answer is B. holding that individualized issues of consent predominated over common issues because defendant set forth specific evidence showing large amount of the putative class consented to receive faxes
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 term, covenant or condition of this Agreement shall be binding unless executed in writing by the party entitled to the benefit of such term, covenant or condition. The waiver of any breach or default of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any preceding or subsequent breach or default of such term, covenant or condition or any other term, covenant or condition of this Agreement. Except as expressly provided in this Agreement, the rights and remedies under this Agreement are in addition to and not exclusive of any other rights, remedies, powers and privileges under this Agreement or available at law, in equity or otherwise. No failure to exercise or delay in exercising any right, remedy, power or privilege shall operate as a waiver thereof, and no single or partial exercise of any right, remedy, power or privilege shall preclude the exercise of any other right, remedy, power or privilege.

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 legal provision and list the applicable contract clause categories. Provision: The Company and the Sponsor shall be entitled to enforce their rights under this Agreement specifically, to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights existing in their favor. The parties hereto agree and acknowledge that a breach of this Agreement would cause irreparable harm and money damages would not be an adequate remedy for any such breach and that, in addition to other rights and remedies hereunder, the Company and the Sponsor shall be entitled to specific performance and/or injunctive or other equitable relief (without posting a bond or other security) from any court of law or equity of competent jurisdiction in order to enforce or prevent any violation of the provisions of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents will be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) will be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service will constitute good and sufficient service of process and notice thereof. Nothing contained herein will be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party will commence an action, suit or proceeding to enforce any provisions of the Transaction Documents, then the prevailing party in such action, suit or proceeding will be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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: confinement in Close Management violates his rights to due process. Specifically, he argues that he has a constitutionally protected liberty interest in returning to the general prison population. The state responds that he was given a constitutionally adequate hearing when he was committed to administrative confinement prior to his transfer to CM; that his CM status has been reviewed on a periodic basis; and that he has been afforded the opportunity to express his views regarding his CM status. We believe petitioner’s procedural due process rights and his substantive due process rights were violated. 1. Procedural Process Generally, a prisoner has a protected liberty interest in remaining in the general population. Wolff v. McDonnell, 418 U.S. 539, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974) (<HOLDING>); See Parker v. Cook, 642 F.2d 865, 867-68 (5th Options: A. holding that placement in disciplinary segregation does not implicate a liberty interest because it falls within the terms of confinement ordinarily contemplated by a sentence B. holding that the plaintiffs disciplinary segregated confinement for thirty days did not present the type of atypical significant deprivation in which a state might conceivably create a liberty interest C. holding that placing a prisoner in disciplinary confinement clearly effects liberty interest D. holding that an inmates mandamus petition challenging a disciplinary report imposing 15 days disciplinary confinement was a collateral criminal proceeding because the disciplinary confinement limited petitioners ability to earn gain time E. recognizing a liberty interest in reasonably safe conditions of confinement

assistant: The best answer is C. holding that placing a prisoner in disciplinary confinement clearly effects liberty interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if skype needs to withdraw or change the number that has been made available to you , skype will use commercially reasonable endeavours to notify you by e-mail , stating the effective date of the change and where possible , your new number .

assistant: Unilateral change
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 Loan Party will, and will cause each Subsidiary to, (i) comply with each Requirement of Law applicable to it or its property (including, without limitation, Environmental Laws) and (ii) perform in all material respects its obligations under material agreements to which it is a party. Each Loan Party will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Schedule of Insurance contains a correct and complete list of all policies (including binders) of insurance held by or on behalf of the Company or relating to its business or any of its assets (specifying the insurer, the amount of coverage, type of insurance, risks insured, any pending claims thereunder and claims history in the last six (6) months). To the Sellers’ Knowledge, such policies are valid and enforceable in accordance with their respective terms and, are outstanding and duly in force as of the date hereof and there is no default with respect to any provision contained in any such policy, nor has there been any failure to give any notice or present any claim under any such policy in a timely fashion or in the manner or detail required thereby, which has had or reasonably might have a material adverse effect on the enforceability of substantial rights of the Company under any such policy. No notice of cancellation or non-renewal with respect to, or disallowance of any claim under, any policy has been received by the Company. No policy of the Company has been cancelled by the issuer within the last two (2) years.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Section 4.4 shall be deemed reaffirmed by Buyer and Sections 4.4(c) and 4.4(d) shall be deemed reaffirmed by Seller delivery and acceptance of the Ground Lease Assignment Agreement and shall survive the Closing (and not be merged into the Ground Lease Assignment Agreement) or earlier termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its content. Id. It is well-established that Rule 1002 does not apply in situations where the mere existence of an independent factual condition is sought to be proved, even if the condition is contained in or effectuated through a writing. See Fed.R.Evid. 1002 advisory committee’s note (“[A]n event may be proved by nondocumentary evidence, even though a written record of “it was made.... For example, payment may be proved without producing the written receipt which was given. Earnings may be proved without producing books of account in which they are entered.”); Dalton v. FDIC, 987 F.2d 1216, 1223 (5th Cir.1993) (concluding the rule did not apply to proof of a debt through an affidavit rather than bank documentation); see also United States v. Sliker, 751 F.2d 477, 483 (2d Cir.1984) (<HOLDING>). In the present case, Ms. Smith testified that Options: A. holding that the proceeds of a liability insurance policy were not property of the estate B. holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth C. recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing D. holding trial court should have required segregation because tort claims entailed proof of facts unnecessary for proof of the contract claim E. holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer

assistant: The best answer is C. recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing
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 agreement and understanding among the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements, and undertakings of every kind and nature among them with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of successors and permitted assigns of the parties. This Agreement may not be assigned, nor may performance of any duty hereunder be delegated, by either party without the prior written consent of the other; provided, however, the Company may assign this Agreement to any other member of the Company Group and to any successor to its business, including in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or stock of the Company or similar transaction involving the Company or a successor corporation.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subscriber represents , warrants and agrees that it will not contribute any subscriber content that ( a ) infringes , violates or otherwise interferes with any copyright or trademark of another party , ( b ) reveals any trade secret , unless subscriber owns the trade secret or has the owner 's permission to post it , ( c ) infringes any intellectual property right of another or the privacy or publicity rights of another , ( d ) is libelous , defamatory , abusive , threatening , harassing , hateful , offensive or otherwise violates any law or right of any third party , ( e ) contains a virus , trojan horse , worm , time bomb or other computer programming routine or engine that is intended to damage , detrimentally interfere with , surreptitiously intercept or expropriate any system , data or information , or ( f ) remains posted after subscriber has been notified that such subscriber content violates any of sections ( a ) to ( e ) of this sentence .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Original Agreement is hereby amended by deleting the stricken text (indicated in the same manner as the following example: stricken text ) and adding the inserted text (indicated in the same manner as the following example: inserted text ) as set forth on the pages of the conformed copy of the Receivables Purchase Agreement attached as Annex A hereto.

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: With respect to each Receivable and the Related Security and Collections applicable thereto, the Borrower has given reasonably equivalent value to TPNA in consideration therefor and such transfer was not made for or on account of an antecedent debt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Restricted Stock Units subject to this Award shall vest with respect to 100% of the total Restricted Stock Units subject to this Award on the first anniversary of the Grant Date, or, if earlier and only if the Participant is not re-elected as a Director at such annual general meeting, the date of the next annual general meeting following the Grant Date (the “ Vesting Date ”), in each case provided that the Participant is still providing Service on the Vesting Date. In no event shall any Restricted Stock Units vest after the Participant’s termination of Service.

assistant: Vesting