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: The term of this Agreement (the “ Term ”) commences on the Effective Date and, unless terminated earlier in accordance with its terms, shall continue until the date of expiration of the last Royalty Term for the last Royalty Product. Following the expiration of this Agreement in its entirety, the license grants in Section 3.3.1(b) shall become fully-paid, royalty-free and irrevocable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At the time that the Executive ceases to be an employee of the Company and its affiliates, the Executive agrees that he shall resign from any offices he holds with the Company and any affiliates of the Company, including any boards of directors or boards of managers positions held at the Company or any of its affiliates.

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 case excerpt and choose the best holding from the options. Case excerpt: ...’ § 10222(a)(5) (emphasis added). Plaintiff thus has it backwards: rather than the Standard Contract being a recitation of statutory duty, the statute is a prescription to undertake a contractual obligation. Consumers Energy Co. v. United States, 57 Fed.Cl. 278, 280-81. 7 . Consumers Energy does attempt to base its regulatory and non-regulatory takings claim on the argument that the provisions of the NWPA restrict its ability to independently dispose of SNF. The Court is not convinced that the NWPA so limits Consumers Energy and even if it did any claim based on the provisions of the NWPA, which was enacted in 1983, would be barred by the six-year statute of limitations. See 28 U.S.C. § 2501; Steel Improvement & Forge Co. v. United States, 174 Ct.Cl. 24, 29-30, 355 F.2d 627 (1966) Options: A. holding that if subsequent to the taking and before the trial the ordinance was actually amended to permit the previously forbidden use then that of itself was weighty evidence of the existence at the time of the taking of the fact that there was a reasonable probability of an imminent change B. holding cause of action accrues when some compensable damage occurs C. holding that a cause of action for breach of contract accrues at the time of the breach D. recognizing that breach of contract cause of action accrues at time of the breach E. holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs

assistant: The best answer is E. holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs
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 and be enforceable by the parties hereto and their respective successors, assigns, including any direct or indirect successor by purchase, merger, consolidation or otherwise to all or substantially all of the business or assets of the Company, spouses, heirs, and personal and legal representatives. The Company shall require and cause any successor (whether direct or indirect by purchase, merger, consolidation or otherwise) to all, substantially all, or a substantial part, of the business or assets of the Company, by written agreement in form and substance satisfactory to the Director, expressly to assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform if no such succession had taken place. The indemnity provisions of this Agreement shall continue in effect regardless of whether the Director continues to serve as an employee of the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: rovio 's privacy policy defines how , why and to which extent rovio collects and uses personal and non-personal information in relation to rovio 's products and services .

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 case excerpt and choose the best holding from the options. Case excerpt: relevant legal knowledge and gave Allen advice that was, in fact, correct. The attorney’s second letter to Allen therefore provides no basis for the application of equitable tolling. 3. Length of Allen’s delay in filing her habeas petition Allen also claims that she is entitled to equitable tolling because the seven-month delay between the conclusion of the state postconviction proceedings and the time she filed her habeas petition was reasonable. But this court has declined to apply equitable tolling where the delay was far less than seven months. See, e.g., Cook v. Stegall, 295 F.3d 517, 518 (6th Cir.2002) (concluding that equitable tolling was not appropriate where the petitioner filed his habeas petition one month late); Dunlap v. United States, 250 F.3d 1001, 1010 (6th Cir.2001) (<HOLDING>). In light of Cook and Dunlap, the length of Options: A. holding that the petitioner was not entitled to equitable tolling where he filed his habeas petition more than two months late B. holding that petitioner was dili gent for equitable tolling purposes where petitioner filed state petition two months after conviction was final and filed federal petition seven days after discovering state had denied petition on the merits C. holding that a petitioner was not entitled to equitable tolling where he waited six months to file a federal petition after any state misconduct ended D. holding equitable tolling was not justified where attorney filed a habeas petition five days late because he sent it by ordinary mail E. holding that petitioner was entitled to equitable tolling where former counsel actively deceived petitioner over several months into believing he was diligently pursuing petitioners legal remedies when in fact he was not

assistant: The best answer is A. holding that the petitioner was not entitled to equitable tolling where he filed his habeas petition more than two months late
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 PURCHASERS, THE SELLER, THE SERVICER, THE PURCHASER AGENTS, THE AGENT AND THE BACKUP SERVICER (BY ACCEPTING THE BENEFIT HEREOF) EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY OF THE PARTIES AGAINST ANY OTHER PARTY OR PARTIES, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PURCHASERS, THE SELLER, THE SERVICER, THE PURCHASER AGENTS, THE AGENT AND THE BACKUP SERVICER EACH AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, EACH OF THE PARTIES HERETO FURTHER AGREES THAT ITS RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The SPV shall request an Investment hereunder, by request to the Agent (which shall promptly provide a copy to each Managing Agent) given by e-mail in the form of an Investment Request by at least noon one (1) Business Day prior to the proposed date of any Investment (including the initial Investment). Each such Investment Request shall specify (i) the desired amount of such Investment (which shall be at least $1,000,000 in the aggregate for all Investor Groups or an integral aggregate multiple of $100,000 in excess thereof for all Investor Groups or, to the extent that the then available unused portion of the Maximum Net Investment is less than such amount, such lesser amount equal to such available unused portion of the Maximum Net Investment), and (ii) the desired date of such Investment (the “ Investment Date ”) which shall be a Business Day.

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: Each Seller represents, warrants, and covenants severally but not jointly to Buyer, with the understanding Buyer is relying upon such representations, warranties, and covenants that: (a) Each Seller has the full right, power, and authority to enter into this Agreement and be bound by the terms of this Agreement and have obtained the consent of any other person or entity, other than as required herein; (b) the execution and delivery of this Agreement and the performance by each Seller of its obligations pursuant to this Agreement, do not and will not constitute a breach of or a default under any other agreement or obligation applicable to such Seller; (c) the execution and delivery of this Agreement by Sellers will constitute the valid and binding obligation of such Seller; (d) to the knowledge of each Seller, there are no actions, suits, proceedings, or investigations involving, Company and/or YLK AZ, threatened against or involving such Seller, Company, and/or YLK AZ, brought by any Seller, Company, and/or YLK AZ, affecting such Seller, Company, and/or YLK AZ, or any of the rights and obligations described therein, at law or in equity or before or by any federal, state, municipal, or other governmental department, commission, board, agency, or instrumentality, domestic or foreign, nor has any such action, suit, proceeding, or investigation been pending during the twenty-four (24) month period preceding the Effective Date; (e) all information supplied by any Seller, Company, and/or YLK AZ or its agents to Buyer is, to such Seller’s knowledge, true, complete, and correct and does not fail to state a material fact necessary to make any of such information misleading; (f) each Seller has free, clear and unencumbered title to its respective Membership Interests; (g) each Seller: (I) is acquiring the Warrants pursuant to an exemption from registration under the Securities Act of 1934, as amended (the “ Securities Act ”) solely for investment with no present intention to distribute any of the securities to any person in violation of the Securities Act or any other applicable securities laws, and (II) will not sell or otherwise dispose of any of the Warrants, except in compliance with the registration requirements or exemption provisions of the Securities Act and any other applicable securities laws; and (i) each Seller has, will, and/or shall ensure compliance of the Closing Deliverables applicable to such Seller, Company and/or YLK AZ pursuant to Section 5 herein. The Parties agree the warranties provided herein this Section 6 shall expire on the date that is twelve (12) months following the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: payment of fixed or variable sums of money are other sanctions which have been recognized as enforceable by civil proceedings since the original revenue law of 1789. In spite of their comparative severity, such sanctions have been upheld against the contention that they are essentially criminal and subject to the procedural rules governing criminal prosecutions. Id. at 399-400, 58 S.Ct. at 633 (citations omitted) (emphasis added). Nearly thirty-five years after Helvering was decided, the Supreme Court reaffirmed — in the context of a forfeiture proceeding — the analytic approach that the Court developed in Helvering for determining whether a statute is “essentially criminal.” See One Lot Emerald Cut Stones v. United States, 409 U.S. 232, 93 S.Ct. 489, 34 L.Ed.2d 438 (1972) (per curiam) (<HOLDING>). Most recently, while again reaffirming Options: A. holding that a proceeding to forfeit imported merchandise not included in a declaration was civil not criminal for purposes of the double jeopardy clause B. holding that double jeopardy clause did not apply to forfeiture proceeding before the court C. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause D. holding that civil forfeitures are neither punishment nor criminal for purposes of the double jeopardy clause E. holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause

assistant: The best answer is A. holding that a proceeding to forfeit imported merchandise not included in a declaration was civil not criminal for purposes of the double jeopardy clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 471 U.S. 83 105 S.Ct. 1859 85 L.Ed.2d 63 BOARD OF TRUSTEES OF the VILLAGE OF SCARSDALE, et al., petitioners,v.Kathleen S. McCREARY et al No. 84-277 Supreme Court of the United States March 27, 1985 On writ of certiorari to the United States Court of Appeals for the Second Circuit. PER CURIAM. 1 The judgment is affirmed by an equally divided Court. 2 Justice POWELL took no part in the decision of this case.

assistant: 3
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: held that a break period could be excluded from hours worked has done so in the context of a bona fide meal period. See, e.g., Bernard v. IBP, Inc., 154 F.3d 259 (5th Cir.1998); Reich v. S. New England Telecomm. Corp., 121 F.3d 58 (2d Cir.1997); Bates v. Dep’t of Corrections, 81 F.3d 1008 (10th Cir.1996); Henson v. Pulaski County Sheriff Dep’t, 6 F.3d 531 (8th Cir.1993); Alexander v. City of Chicago, 994 F.2d 333 (7th Cir.1993); Kohlheim v. Glynn County, 915 F.2d 1473 (11th Cir.1990); Brennan v. Elmer’s Disposal Serv., Inc., 510 F.2d 84 (9th Cir.1975). This Court has only found two cases involving rest periods outside of the bona fide meal period exclusion. One involved a special exception pertaining to law enforcement employees. See Lee v. Coahoma County, 937 F.2d 220 (5th Cir.1991) (<HOLDING>). The other held that Bus drivers’ "split shift Options: A. holding that defendants were not in control and therefore were not supervisors and not subject to liability under 1983 B. holding act qualifies as exemption statute under exemption 3 C. holding that two hour rest breaks were compensable sleep time for law enforcement employees that were subject to the exemption under 207k D. holding law enforcement request for identification not tantamount to seizure finding no constitutional violation when law enforcement conduct consisted simply of questioning employees and arresting those they had probable cause to believe were unlawfully present E. holding that there is no need to consider exemption 6 separately if information was compiled for law enforcement purposes because exemption 7c constitutes broader protection so any information falling under exemption 6 is covered by exemption 7c

assistant: The best answer is C. holding that two hour rest breaks were compensable sleep time for law enforcement employees that were subject to the exemption under 207k
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: 775 S.W.2d 924 (1989); and Lee v. Butler, Ky.App., 605 S.W.2d 20 (1979). Furthermore, a trial court has the power to control the course of litigation, including control of the amount of evidence produced on a particular point. Woods v. Commonwealth, Ky., 305 S.W.2d 935 (1957), and Johnson v. May, 307 Ky. 399, 211 S.W.2d 135 (1948). The overall fairness of a trial is within the sound discretion of the trial judge. We find no error. We turn now to Essie’s contention that Goodman’s use of peremptory challenges to exclude black jurors was impermissible. Following voir dire, but before the parties actually exercised their peremptory challenges, Essie requested the trial court to apply to jury selection the rule of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) (<HOLDING>). The trial court denied application of the Options: A. holding that once prosecutor makes raceneutral explanation for peremptory challenge and trial court rules on question of intentional discrimination issue of prima facie case becomes moot B. holding that the fourteenth amendment precludes peremptory challenges predicated upon race and that once a defendant in a criminal case makes a prima facie showing of discrimi nation the burden shifts to the prosecution to demonstrate a neutral explanation for the challenges C. holding that once the employee makes its prima facie showing the burden then shifts to the employer to prove that legitimate reasons supported the termination D. holding that the constitution prohibits a criminal defendant from engaging in purposeful discrimination on the ground of race in the exercise of peremptory challenges E. holding that genderbased peremptory challenges also violate the fourteenth amendment

assistant: The best answer is B. holding that the fourteenth amendment precludes peremptory challenges predicated upon race and that once a defendant in a criminal case makes a prima facie showing of discrimi nation the burden shifts to the prosecution to demonstrate a neutral explanation for the challenges
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each payment by any Loan Party under any Loan Document shall be made without withholding for any Taxes, unless such withholding is required by any law. If any Withholding Agent determines, in its sole discretion exercised in good faith, that it is so required to withhold Taxes, then such Withholding Agent may so withhold and shall timely pay the full amount of withheld Taxes to the relevant Governmental Authority in accordance with applicable law. If such Taxes are Indemnified Taxes, then the amount payable by such Loan Party shall be increased as necessary so that, net of such withholding (including such withholding applicable to additional amounts payable under this Section), the applicable Credit Party receives the amount it would have received had no such withholding been made.

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: The base rate of pay paid in cash by the Employer to or for the benefit of a Participant for services rendered or labor performed while a Participant, including base pay a Participant could have received in cash in lieu of (i) Compensation deferrals pursuant to Section 3.1 and (ii) elective contributions made on his behalf by the Employer pursuant to a qualified cash or deferred arrangement (as defined in Section 401(k) of the Code) or pursuant to a plan maintained under Section 125 of the Code. For sake of clarity, a Participant’s Base Salary shall not include any Commissions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts and each counterpart shall be deemed an original and all of which counterparts taken together shall have the same force and effect as an original and shall constitute an effective, binding agreement on the part of each of the undersigned. The counterparts of this Agreement may be executed and delivered by facsimile, photo, email PDF, or other electronic transmission or signature.

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: No Shares will be delivered to you in settlement of vested Units unless you have made arrangements acceptable to the Company for payment of any federal, state, local or foreign withholding taxes that may be due as a result of the delivery of the Shares. You hereby authorize the Company (or any Affiliate) to withhold from payroll or other amounts payable to you any sums required to satisfy such withholding tax obligations, and otherwise agree to satisfy such obligations in accordance with the provisions of Section 14 of the Plan. You may elect to satisfy such withholding tax obligations by having the Company withhold a number of Shares that would otherwise be issued to you in settlement of the Units and that have a Fair Market Value equal to the amount of such withholding tax obligations by notifying the Company of such election.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: they never would have entered into the Development Agreement. 5 . The merger or integration clause in KFC Corp. v. Darsam Corp. stated that: This agreement supersedes any an all other oral or written agreements between the parties hereto with respect to the outlet which is the subject matter hereof and contains all the covenants and agreements between the said parties with respect to said matter. Franchisee acknowledges that neither KFC not anyone on behalf of KFC has made any representations, inducements, promises or agreements, orally or otherwise, respecting the subject matter of this agreement or respecting any other subject matter, which are not embodies herein. 543 F.Supp. at 224. 6 . See also Vision Graphics, Inc. v. E.I. Du Pont de Nemours, 41 F.Supp.2d 93, 98 (D.Mass.1999) (<HOLDING>); AAR Int'l, Inc. v. Vacances Heliades S.A., Options: A. holding the parol evidence rule presumes finality with respect to the written terms of the agreement only and does not prevent consideration of parol evidence concerning the duration of contract B. holding that it is unreasonable for plaintiffs to rely on oral representations made before a contract when the contract contained a clause which expressed C. holding that when a contract is partially parol and partially written parol evidence may prove the parol terms D. holding that enforcement of alleged oral representations made prior to execution of written contract was barred by the parol evidence rule and the explicit integration clause E. holding that the parol evidence rule did not bar introduction of evidence of a subsequent oral contract concerning the brokers right to a commission and modifying the written agreement

assistant: The best answer is D. holding that enforcement of alleged oral representations made prior to execution of written contract was barred by the parol evidence rule and the explicit integration clause
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 hereby agree that all income received from the operation of the Businesses through the Cut-Off Time shall be the property of Sellers; accordingly, all expenses derived from the operation of the Businesses through the Cut-Off Time shall be the obligation of Sellers. All income received from the operation of the Businesses after the Closing Date shall be the property of Purchaser; accordingly, all expenses derived from the operation of the Businesses after the Closing Date shall be the obligation of Purchaser. Notwithstanding the foregoing provisions of this Section 9.2.3 , at Closing, Sellers (or Sellers’ designee(s)) shall receive a credit from Purchaser for all accounts receivable owing to the Head Lessee with respect to the Businesses at Closing, and Purchaser shall receive an assignment of all such accounts receivable from the Head Lessee. Accordingly, following Closing, Purchaser shall have the right to retain all such accounts receivable received by Purchaser. Sellers and Purchaser mutually covenant and agree to jointly file with the Canada Revenue Agency, following Closing and within a reasonable time not to exceed 60 days, an Election in Respect of the Sale of Debts Receivable pursuant to subsection 22(1) of the Tax Act.

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: admonished. ... All we can do is speculate about whether [VanNor-trick] would have changed his mind about his guilty plea had he been admonished. In the face of such doubt, we have no fair assurance that [VanNor-trick] would not have changed his decision to plead guilty had the trial court admonished him, and so, the error is not harmless. Id. at 713-14. We accordingly held that VanNortrick’s substantial rights had been affected. Id. at 714. We noted that our reasoning and holding were consistent with the language in Cain v. State that had acknowledged that certain types of errors defy analysis by harmless error standards or are errors for which the data is insufficient to conduct a meaningful harm analysis. Id. at 714 (citing Cain v. State, 947 S.W.2d 262, 264 (Tex. Crim. App. 1997) (<HOLDING>)). This Coui't’s reasoning in VanNortrick, Options: A. recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt B. holding trial errors are subject to a harmless error analysis C. holding that federal appellate courts are authorized to engage in constitutional harmless error analysis in the first instance when a state appellate court does not undertake such an analysis and that such error must be harmless beyond a reasonable doubt D. holding that any error was harmless and thus not plain error E. holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt

assistant: The best answer is A. recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt
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 Borrowers and each other Credit Party agrees to, and to cause any other Credit Party to, take all further actions and execute all further documents as the Agent may (or at the direction of the Lender, shall) from time to time reasonably request to carry out the transactions contemplated by this Fifth Amendment and Waiver and all other agreements executed and delivered in connection herewith.

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 legal provision and list the applicable contract clause categories. Provision: All of the representations and warranties of Buyer as set forth in Section 14 hereof (and as the same may be updated as provided therein) shall be true, correct and complete in all material respects as of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices under this Plan must be in writing and will be deemed to have been given upon receipt of delivery by: (a) hand (against a receipt for such delivery), (b) certified or registered mail, postage prepaid, return receipt requested, or (c) a nationally recognized overnight courier service (against a receipt for such service). All notices to PHI related to this Plan should be sent to PHI’s principal business address. All notices to a Participant should be delivered to the most recent address as provided by such Participant to the human resources department of PHI.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: as well.” (Emphasis added.) This argument is speculative since the form simply indicates a determination of guilt for “[d]riving while intoxicated, first offense.” It is unclear from Defendant’s argument how this initial order operates as an acquittal on the refusal basis apart from simply being “a writing.” As noted above, not all writings by a judge are final orders. As Defendant has no persuasive or clear argument on how the June 3, 2003, writing could operate as a final verdict of acquittal, we reject it as being without merit or support in the record. {22} We also reject Defendant’s contention that the June 3, 2003 order imposed a deferred sentence, which would bar any later sentence of confinement under State v. Lopez, 99 N.M. 791, 795-96, 664 P.2d 989, 993-94 (Ct.App.1982) (<HOLDING>). Because this order was interlocutory, it was Options: A. holding that trial judge was not authorized to impose jail time as condition of probation and deleting the 90 day jail penalty B. holding that a youth detention facility was a jail for purposes of statute requiring credit for time served in jail while awaiting trial C. holding that a court has no power to impose jail time as a condition of a deferred sentence D. holding that the sentence entered by the circuit court was illegal because the court had no authority to impose a sentence that exceeded the punishment fixed by the jury E. holding trial court lacked authority to impose electronic monitoring condition and deleting the provision as a condition of applicants deferred adjudication probation

assistant: The best answer is C. holding that a court has no power to impose jail time as a condition of a deferred sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of privacy." Litchfield, 824 N.E.2d at 359. This particular rationale is premised on the notion that by depositing the trash in a place accessible to the public for collection, "the depositor has relinquished any reasonable expectation of privacy." Id. (quoting State v. Sampson, 362 Md. 438, 765 A.2d 629, 634 (2001)). When considering the cireumstances here, I note that the purpose of the exclusionary rule is to deter police misconduct. See Osborne v. State, 805 N.E.2d 435, 439 (Ind.Ct.App.2004), trans. denied. Prior to the rule announced in Litchfield, the conduct of the officers here was not unreasonable or improper, inasmuch as they were free to "grab" Turner's curbside trash without meeting any standard of individualized suspicion. See Moran v. State, 644 N.E.2d 536, 541 (Ind.1994) (<HOLDING>). That said, it follows that Turner's decision Options: A. holding that random searches of subway passengers carryon bags which include the visual inspection of the contents of such bags to be minimal B. holding tacit consent to search of person was insufficient to prove consent to search bags where bags were not in defendants actual possession defendant merely pointed out bags at officers request and officer never specifically asked for consent to search bags C. holding that one who places trash bags for collection intends for them to be taken up D. holding that the expenses of depositions taken merely for discovery purposes should be borne by the party taking them E. holding warrantless searches of garbage bags left on curb for collection invalid under state constitution

assistant: The best answer is C. holding that one who places trash bags for collection intends for them to be taken up
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise specifically set forth herein, the rights, obligations and responsibilities of the Sub-Servicer shall terminate (without payment of any penalty or termination fee): (i) upon the later of the final payment or other liquidation (or any advance with respect thereto) of the last Mortgage Loan and the remittance of all funds due hereunder; (ii) by mutual consent of the Sub-Servicer and the Master Servicer in writing; (iii) pursuant to Section 5.02 of this Agreement; (iv) at the option of any purchaser of one or more Mortgage Loans pursuant to the Pooling and Servicing Agreement, upon such purchase and only with respect to such purchased Mortgage Loan or Mortgage Loans; (v) upon a Mortgage Loan becoming an REO Mortgage Loan or the Serviced Pari Passu Companion Loan becoming an REO Companion Loan, and only with respect to such Mortgage Loan or Serviced Pari Passu Companion Loan; or (vi) upon termination of the Pooling and Servicing Agreement.

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: Such Party (a) has the requisite power and authority and the legal right to enter into this Supply Agreement and to perform its obligations hereunder; and (b) has taken all requisite action on its part to authorize the execution and delivery of this Supply Agreement and the performance of its obligations hereunder. This Supply Agreement has been duly executed and delivered on behalf of such Party, and constitutes a legal, valid, binding obligation, enforceable against such Party in accordance with its terms.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision or provisions of this Agreement shall be held to be invalid, void, illegal or otherwise unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the maximum extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the maximum extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested 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: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to any Subsidiary shall be given to it in care of the Borrower as provided in Section 9.01 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Credit Documents to which it is a party constitute the legal, valid and binding obligations of the Company, in each case enforceable in accordance with their respective terms, except as the same may be limited by bankruptcy, insolvency or similar laws affecting creditors’ rights generally and by general principles of equity.

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: This Agreement, including the Appendices, the Exhibits and the Disclosure Schedules, constitutes the entire agreement and understanding of the parties hereto in respect of the subject matter hereof. The Appendices, Exhibits and the Disclosure Schedules hereto are an integral part of this Agreement and are incorporated by reference herein. This Agreement supersedes all prior agreements, understandings, promises, representations and statements between the parties and their representatives with respect to the sale of the Business and the transactions contemplated by this Agreement.

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: Your annual gross base salary continues to be $1,000,000 and is paid on the Company’s U.S. Dollar payroll in accordance with normal Transocean payroll policy (the “Base Salary”). Your annual gross base salary will be reviewed each year by the Committee and communicated to you in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Execute any and all further documents, financing statements, agreements and instruments, and take all such further actions (including the filing and recording of financing statements and other documents), which may be required under any Applicable Law, or which the Administrative Agent or the Required Lenders may reasonably request, to effectuate the transactions contemplated by the Loan Documents or to grant, preserve, protect or perfect the Liens created or intended to be created by the Security Documents or the validity or priority of any such Lien (including, without limitation, with respect to Liens in after-acquired property), all at the expense of the Credit Parties. The Borrowers also agree to provide to the Administrative Agent, from time to time upon the reasonable request by the Administrative Agent, evidence reasonably satisfactory to the Administrative Agent as to the perfection and priority of the Liens created or intended to be created by the Security Documents. For the avoidance of doubt, this Section 8.16 shall be subject to any exceptions, grace periods or thresholds set forth in this Agreement or in the applicable Security Documents.

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: would result. Id. ¶ 25; see Allison v. United, States, 409 F.2d 445, 451 (D.C.Cir.1969). {9} We have previously considered when it would be appropriate for an appellate court to remand a case for entry of judgment of conviction and resentencing for a lesser-included offense without a new trial. In State v. Haynie, 116 N.M. 746, 748, 867 P.2d 416, 418 (1994), this Court reversed the defendant’s conviction of first-degree murder due to insufficient evidence and remanded for entry of judgment and resentencing for the lesser-included offense of second-degree murder. Id. In deciding whether direct remand is appropriate in these circumstances, we stated the inquiry is whether the interests of justice would be served by ordering a new trial. Compare Haynie, 116 N.M. at 748, 867 P.2d 416 (<HOLDING>), with State v. Garcia, 114 N.M. 269, 276, 837 Options: A. holding no offense of attempted seconddegree murder where seconddegree murder defined only as unintentional but reckless killing of another under circumstances manifesting indifference to human life B. holding that although premeditation is outside the heartland of seconddegree murder guideline upward departure from seconddegree murder guideline based on premeditation was improper because commission considered the defendants state of mind in assigning a higher base offense level to firstdegree murder than to seconddegree murder C. holding the interests of justice would not be served by remanding for new trial on the offense of seconddegree murder D. holding that first and seconddegree intentional murder verdicts are consistent with a felony murder verdict because lack of intent is not an element of seconddegree felony murder E. holding on rehearing that the interests of justice would be better served by remanding for new trial on the offenses of seconddegree murder and voluntary manslaughter

assistant: The best answer is C. holding the interests of justice would not be served by remanding for new trial on the offense of seconddegree murder
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: pursuant to 28 U.S.C. § 1291 and we affirm. 1. The district court did not err in dismissing Smillie’s third amended complaint, replacing John Does with named individual Defendants, as barred by the statute of limitations. There is no evidence in the record satisfying the requirements of relation back. See Fed.R.Civ.P. 15(c); Miguel v. Country Funding Corp., 309 F.3d 1161, 1165 (9th Cir.2002) (as amended). Smillie did not advance any relation back argument before the district court, and conceded as much at oral argument. By assuming relation back was automatic, Smillie offered no proof to trigger the provision and failed to show that Defendants were provided notice of the complaint and were not prejudiced by the amendment. See Fed.R.Civ.P. 15(c)(1)(C); Miguel, 309 F.3d at 1165 (<HOLDING>). The district court, therefore, did not err in Options: A. holding that plaintiffs amended complaint could not relate back because there was no evidence in the record that the defendant had notice of the suit within the 120 day period required by rule 4m B. holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations C. holding that as a matter of law claim stated in amended complaint did not relate back to original complaint D. holding that because the plaintiff had not perfected service within 120 days of filing the complaint the complaint was subject to mandatory dismissal E. holding that when a plaintiff mistakenly sues a decedent and not the decedents estate and seeks to recover only against insurance proceeds if the decedents insurer had notice of the action and knowledge of the plaintiffs mistake within the period specified by rule 15c an amended complaint will relate back to the date of the original complaint absent any prejudice to the insurer and the estate and assuming the other requirements of rule 15c are met

assistant: The best answer is A. holding that plaintiffs amended complaint could not relate back because there was no evidence in the record that the defendant had notice of the suit within the 120 day period required by rule 4m
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: discretion. Commonwealth v. Collins, 598 Pa. 397, 957 A.2d 237, 272 (2008). As noted, discovery in death penalty collateral proceedings is permissible only upon leave of court, and only for good cause shown. Pa.R.Crim.P. 902(E)(2). “ ‘A showing of good cause requires more than just a generic demand for potentially exculpatory evidence.’ ” Collins, 957 A.2d at 272 (quoting Commonwealth v. Bryant, 579 Pa. 119, 855 A.2d 726, 750 (2004)). We agree with the Commonwealth that Elliott has failed to demonstrate that the PCRA court abused its discretion by denying Elliott’s request for additional discovery. Elliott has not identified any document that was withheld from him that would have been exculpatory, and his claims to the contrary constitute mere speculation. See Hanible, 30 A.3d at 484 (<HOLDING>); Commonwealth v. Carson, 913 A.2d at 261 Options: A. holding lack of prejudice to the defendant is not good cause B. holding that the government is not required to present exculpatory evidence to the grand jury C. holding that record must show that evidence is exculpatory for defendant to establish brady violation D. holding that speculation that production of requested documents might reveal exculpatory evidence is insufficient to establish good cause for discovery E. holding that conjecture that opportunity to review homicide file might yield exculpatory evidence is inadequate to demonstrate good cause for discovery

assistant: The best answer is E. holding that conjecture that opportunity to review homicide file might yield exculpatory evidence is inadequate to demonstrate good cause for discovery