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: There is no litigation, arbitration proceeding, demand, charge, claim, petition or governmental investigation or proceeding pending, or to the knowledge of any Borrower, threatened, against any Borrower, which, if adversely determined, which might reasonably be expected to have a Material Adverse Effect, except as set forth in Schedule 7.9 . Other than any liability incident to such litigation or proceedings, and except as permitted by Section 9.1 , no Borrower has any material guarantee obligations, Contingent Liabilities, liabilities for taxes, or any long-term leases or unusual forward or long-term commitments, including any interest rate or foreign currency swap or exchange transaction or other obligation in respect of derivatives, that are not fully-reflected or fully reserved for, to the extent required by GAAP, in the most recent audited financial statements delivered pursuant to Section 8.8(a) or fully-reflected or fully reserved, to the extent required by GAAP, for in the most recent financial statements delivered pursuant to Section 8.8(b) , except for any such obligations or liabilities or transactions entered into after the date hereof and after the date of the most recent financial statements delivered under Section 8.8(a) or Section 8.8(b) and which will be fully reflected or fully reserved for, to the extent required by GAAP, on the next set of financial statements to be delivered by Borrowers under Section 8.8(a) or Section 8.8(b) .

assistant: Litigations
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 provided in Schedule 11.1, each award granted under the Air Products Stock Plan that is outstanding immediately prior to the Separation Time and that is held by Versum Employee or Inactive Versum Employee shall be treated in accordance with this Article 11.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: status under Law 100. Law 100 prohibits discrimination by an “employer” based on the protected characteristic of, among other factors, age. P.R. Laws Ann. Tit. 29 § 146. The term “employer” is defined as “any natural or artificial person employing laborers, workers or employees, and the chief, official, manager, officer, managing partner, administrator, superintendent, foreman, overseer, agent or representative of such natural or artificial person.” P.R. Laws Ann. Tit. 29 § 151(2). As discussed above there is no evidence in the record to support Plaintiffs’ contention that Buck had any control over PRMMPs employment practices nor that it had any employment nexus with the Plaintiffs. Therefore, Buck is not liable under law 100. See Santini-Rivera v. Serv Air, Inc., 94 JTS 121, p. 182 (<HOLDING>). C. Buck’s status under ERISA. Plaintiffs Options: A. holding that the question of whether an existing constitutional right is infringed is strictly a question of law B. holding that the legislation in question is exclusively concerned with labor matters its subject is strictly the employeremployee relationship translation ours C. holding that the critical element in determining whether the provisions of the norrislaguardia act apply is whether the employeremployee relationship is the matrix of the controversy D. holding that the jurisdictional reach under section 955a is strictly a question of law E. recognizing employeremployee relationship between county school board and teacher

assistant: The best answer is B. holding that the legislation in question is exclusively concerned with labor matters its subject is strictly the employeremployee relationship translation ours
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from one chapter to another either absolute, or at least less subject to judicial discretion. Specifically, the corresponding section of Chapter 13 mandates conversion or dismissal upon request of the debtor. See id. § 1307(a) (“The debtor may convert a case under this chapter to a case under chapter 7 of this title at any time.”) (emphasis added); id. § 1307(b) (“On request of the debtor at any time ... the court shall dismiss a case under this chapter.”) (emphasis added). Similarly, a debtor under Chapter 7 can, with certain exceptions, convert to Chapters 11, 12, or 13 “at any time.” Id. § 706(a) (“The debtor may convert a case under this chapter to a case under chapter 11, 12, or 13 of this title at any time....”); see also Pequeno v. Schmidt, 307 B.R. 568, 579 (S.D.Tex.2004) (<HOLDING>). Alternatively, the Bankruptcy Court could Options: A. holding debtor had absolute right to convert under 706a B. recognizing that if a debtor did not satisfy section 109e and if it was jurisdictional the court could not convert debtors case because it would have no authority whatever over debtor C. holding debtor could include property because the bank accepted payments directly from the debtor and had previously allowed the debtor to cure default D. holding debtor could cure after the debtor had previously made payments to the bank E. holding that a debtors right to convert his or her chapter 7 case is not absolute

assistant: The best answer is A. holding debtor had absolute right to convert under 706a
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 Guaranty Agreement is a continuing guaranty and shall remain in full force and effect until: (i) the indefeasible payment in full of the Guaranteed Obligations; or (ii) December 31, 2021, whichever is earlier.

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: fees in arbitration. For instance, in Green Tree Fin. Corp.Alabama v. Randolph, the Court recognized that “[i]t may well be that. the existence of large arbitration costs could preclude a litigant such as Randolph from effectively vindicating her federal statutory rights in the arbitral forum.” 531 U.S. 79, 90, 121 S.Ct. 513, 148 L.Ed.2d 373 (2000). Ultimately, however, the Court sidestepped the issue because Randolph “failed to support” her assertion that “arbitration costs are high” with probative evidence. Id. at 90 n. 6, 121 S.Ct. 513. In Rent-A-Center, the Court once again recognized that a sufficiently robust challenge to arbitration fee-splitting could invalidate an arbitration clause, and specifi cally a delegation clause. See Rentr-A-Center, 561 U.S. at 74, 130 S.Ct. 2772 (<HOLDING>). And in American Express Co. v. Italian Colors Options: A. holding dispute under collective bargaining agreement not arbitrable as delegation of nondelegable authority without reference to whether provision was consented to by parties B. holding that litigant could have challenged substantive unconscionability of delegation clause by showing that he was subject to an unfair feesplitting arrangement but noting that the plaintiff did not make any arguments specific to the delegation provision C. holding claim of unconscionability requires showing of both procedural and substantive elements D. holding that courts should address a procedural unconscionability defense to the enforcement of an arbitration provision E. holding that the plaintiff had failed to establish procedural unconscionability since he had a reasonable opportunity to consider the agreement and the arbitration clause was clearly set forth in the contract

assistant: The best answer is B. holding that litigant could have challenged substantive unconscionability of delegation clause by showing that he was subject to an unfair feesplitting arrangement but noting that the plaintiff did not make any arguments specific to the delegation provision
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: mean that if a government official defames a person, without more, the procedural requirements of the Due Process Clause of the Fourteenth Amendment are brought into play." Davis, 424 U.S. at 708. Instead, the Court stated, the language " 'because of what the government is doing to him' [in Constantineau] referred to the fact that the governmental action taken in that case deprived the individual of a right previously held under state law — the right to purchase or obtain liquor in common with the rest of the citizenry." Id. When no such state law and corresponding right exists, held the Court, reputational interests are "neither 'liberty' nor 'property' guaranteed against state deprivation without due process of law." Id. at 712; see also Siegert v. Gilley, 500 U.S. 226, 234 (1991) (<HOLDING>); Weber v. City of Cedarburg, 129 Wis. 2d 57, Options: A. holding a party failed to preserve error on its constitutional due process argument concerning notice when they did not cite any state or federal constitutional provision to the trial court or otherwise explain how lack of notice violated their constitutional rights B. holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice C. holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer D. holding that plaintiffs due process rights had not been violated when his government employer wrote an allegedly defamatory letter to a prospective employer because under davis there is a lack of any constitutional protection for the interest in reputation E. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation

assistant: The best answer is D. holding that plaintiffs due process rights had not been violated when his government employer wrote an allegedly defamatory letter to a prospective employer because under davis there is a lack of any constitutional protection for the interest in reputation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the [defendants] were a proximate cause of the accident. 843 S.W.2d at 148 (citations omitted). Based on this record, the defendants are not entitled to summary judgment on the basis that they were not negligent as a matter of law. II. Official Immunity for State Law Claims O n.Ct.App.1993) (“In one sense, much of a police officer’s conduct involved [sic] discretion. An officer must continuously choose between warnings and arrests. He must decide whether a minor problem should be passed up in order to concentrate on a more serious one. He must decide which vehicles to signal and what form of signal to give. Discretion is a constant factor in a police officer’s day.”) (quoting Simon v. Heald, 359 A.2d 666, 668 (Del.Super.Ct.1976)); Bachmann v. Welby, 860 S.W.2d 31, 34 (Mo.App.1993) (<HOLDING>). Chambers contends that a Texas statute Options: A. holding that the district court did not err in concluding that the incriminating nature of a gun was apparent when officers were responding to charges that the defendants were holding aliens against their will B. holding that officers decision regarding route and speed to travel in responding to allpoints bulletin was discretionary C. holding that an officers conduct fell outside time and space limits where he was offduty on the date in question and not responding to an emergency D. holding that officers release of police dog to assist in arrest was discretionary act E. holding that decision to operate lighthouse is discretionary decision while failure to maintain lighthouse is not within discretionary function exception

assistant: The best answer is B. holding that officers decision regarding route and speed to travel in responding to allpoints bulletin was discretionary
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 and other communications provided for hereunder shall, unless otherwise stated herein, be in writing (including facsimile communication) and shall be personally delivered or sent by express mail or courier or by certified mail, postage prepaid, or by facsimile, to the intended party at the address or facsimile number of such party set forth under its name on the signature pages hereof or at such other address or facsimile number as shall be designated by such party in a written notice to the other parties hereto. All such notices and communications shall be effective, (a) if personally delivered or sent by express mail or courier or if sent by certified mail, when received, and (b) if transmitted by facsimile, when sent, receipt confirmed by telephone or electronic means. E-mail and other forms of electronic communication not expressly provided for hereunder shall not constitute notice.

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: the FIS engages in international diplomatic relations, see Amended Complaint, para. 34-36. At this time, the Court believes that it is premature to determine whether the FIS actually constitutes a de facto state for the purposes of jurisdiction under the TVPA. The de facto state doctrine requires the Court to make factual findings regarding the activities of the FIS. At this stage, the record contains only the bare allegations of the Plaintiffs. To make the requisite factual findings, the Court will await the further development of the record. 3. Jurisdiction Under 28 U.S.C. § 1331 Because the ATCA supplies jurisdiction in this ease, the Court will not reach the issue of whether 28 U.S.C. § 1331 provides an independent basis for subject matter jurisdiction. See Karadzic, 70 F.3d at 246 (<HOLDING>). D. Justiciability Defendant Haddam claims Options: A. recognizing the possibility that 28 usc 1331 supplies jurisdiction for violations of international law but not reaching the ultimate merits of the issue B. holding that subject matter jurisdiction to review department of the interior decisions voiding mining claims is conferred by 28 usc 1331 C. holding that ijinguistic consistency required that the same arising under test be applied to the jurisdictional statute for patent claims 28 usc 1338a as is used for the general federal jurisdiction statute 28 usc 1331 D. holding that statutes conferring general jurisdiction including 28 usc 1331 do not waive sovereign immunity E. holding that 28 usc 1331 does not constitute a waiver of sovereign immunity

assistant: The best answer is A. recognizing the possibility that 28 usc 1331 supplies jurisdiction for violations of international law but not reaching the ultimate merits of the issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the first prong. The Court will deny the relief sought because the petition fails on the first prong — the petitioner has not, for the following reasons, demonstrated an indisputable right to the creation of such an overpayment. A writ must be denied as to this element of the extraordinary relief sought because we hold that the Secretary is already obliged, if the statutory and regulatory requirements are met, to pay attorney fees in an appropriate amount directly to the attorney without regard to any recoupment of any overpayment to the veteran. We note at this point that we make no determination as to whether the attorney would be entitled to the full 20% (or any portion thereof) of the past-due benefits total awarded for all three claims. See Mason Fee Agreement, 13 Vet.App. at 86 (<HOLDING>). a. Interpretation of statutory provision: The Options: A. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case B. holding that where attorney successfully represents a va claimant before this court the secretary is obligated under certain circumstances to pay directly to the attorney 20 of the pastdue benefits awarded on the basis of the claim or application for benefits underlying the issues successfully appealed to this court C. holding that issues not raised before the district court cannot be raised for the first time before this court D. holding that direct payment of attorney fees for representation before the court is to be made on the basis of the claim or application for benefits underlying the issues successfully appealed to this court E. holding that a district court may not authorize an attorney to charge fees for representation in court when the commissioner has already authorized that attorney to charge fees for representation in administrative proceedings and declining to reach the secretarys contention that 406b does not allow a court to authorize attorneys fees unless it renders a judgment on the merits favorable to the claimant

assistant: The best answer is D. holding that direct payment of attorney fees for representation before the court is to be made on the basis of the claim or application for benefits underlying the issues successfully appealed to this court
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 set forth on Schedule 3.6 as of the Closing Date, and except as hereafter disclosed to Agent in writing, there is no Litigation pending against, or to such Borrower’s knowledge threatened against or affecting, any Credit Party or, to such Borrower’s knowledge, any party to any Operative Document other than a Credit Party. There is no Litigation pending in which an adverse decision would reasonably be expected to have a Material Adverse Effect or which in any manner draws into question the validity of any of the Operative Documents.

assistant: Litigations
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: in her favor on her sleep apnea claim, and summary judgment was therefore appropriate on Counts 1 and 3 of plaintiffs first amended complaint. See Biester, 77 F.3d at 1266. D. Negligent Hiring and Negligent Entrustment Plaintiff alleges that defendant was negligent in hiring Mullins and in entrusting a company truck to him because defendant knew or should have known that Mullins suffered from sleep apnea and was at an increased risk of falling asleep on the job while driving. As the district court noted, in order to survive summary judgment on either of these claims, plaintiff must establish a prima facie case that the proximate cause of the accident was the negligent act of Mullins in falling asleep at the wheel. See DeMatteo v. Simon, 112 N.M. 112, 812 P.2d 361, 363 (Ct.App.1991) (<HOLDING>); Valdez v. Warner, 106 N.M. 305, 742 P.2d 517, Options: A. holding that for a plaintiff to recover on claim of negligent hiring the negligent hiring of the employee must have been the proximate cause of the injury at issue B. holding that claim that counsel was ineffective for allowing defendant to proceed while incompetent was facially insufficient where defendant did not allege he actually was incompetent to proceed to trial or insane at the time of his offense C. holding that if plaintiffs could not establish that the particular agent orange causing injury to the plaintiff was manufactured by that defendant then the burden would shift to each defendant to establish that its product could not have caused the plaintiffs injury or alternatively that it should only be responsible for a proportion of the damage D. holding that the statute of limitations begins to run under federal law when plaintiffs knew or should have known of the injury which forms the basis of their claims E. holding that to recover on claim of negligent entrustment plaintiff must establish that 1 defendant entrusted its vehicle to the entrustee 2 defendant knew or should have known that the entrustee was an incompetent driver and 3 the entrustees incompetence caused the injury at issue

assistant: The best answer is E. holding that to recover on claim of negligent entrustment plaintiff must establish that 1 defendant entrusted its vehicle to the entrustee 2 defendant knew or should have known that the entrustee was an incompetent driver and 3 the entrustees incompetence caused the injury at issue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ... and procedures all [its] own.” Riley v. Perkins, 282 Ala. 629, 632, 213 So.2d 796, 798 (1968). The Act is a specific and comprehensive system of law for dealing with workplace injuries. As such, it trumps general laws that might, at first glance, seem to apply. Cf. Fulmer v. United States, 83 F.Supp. 137, 151 (N.D.Ala.1949), in which the court observed: “It is settled law that where [a legislative body] over a period of time through many enactments has dealt with a particular subject matter in such a manner as to create a complete and comprehensive system of law ..., subsequent or even prior statutes of general application, which might otherwise apply, are held to be inapplicable to the special subject matter.” See also Dollar v. City of Ashford, 677 So.2d 769 (Ala.Civ.App.1995) (<HOLDING>). We hold that a worker asserting a workers’ Options: A. recognizing the tort of retaliatory discharge B. holding osha does not preclude an employee from pursuing a tort action for a retaliatory discharge C. recognizing a claim for civil liability against municipalities under 1983 D. holding that liability insurer had duty to defend insured against complaint that alleged intentional tort and negligence in the alternative even when policy excluded coverage for intentional torts E. holding that a municipality is liable under 255111 for the retaliatory discharge of an employee even though 1147190 provides municipalities with immunity from liability for intentional torts

assistant: The best answer is E. holding that a municipality is liable under 255111 for the retaliatory discharge of an employee even though 1147190 provides municipalities with immunity from liability for intentional torts
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: Any notice required by the terms of this Agreement shall be given in writing and shall be deemed effective upon personal delivery, upon deposit with the United States Postal Service, by registered or certified mail, with postage and fees prepaid or upon deposit with a reputable overnight courier. Notice shall be addressed to the Company at its principal executive office and to the Participant at the address most recently provided by the Participant to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without prior written consent of Employer, Employee agrees to keep the terms of this Agreement (including the fact and amount of payments under this Agreement) and matters relating to Employee’s resignation completely confidential, and will not disclose any information concerning this Agreement or its terms or Employee’s resignation to anyone other than Employee’s spouse, legal counsel and/or financial advisors, who will be informed of and be bound by this confidentiality clause. This provision is not intended to restrict Employee from making disclosures as may be required by law or legal process.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company owns, possesses, licenses or has other rights to use all foreign and domestic patents, patent applications, trade and service marks, trade and service mark registrations, trade names, copyrights, licenses, inventions, trade secrets, technology, Internet domain names, know-how and other intellectual property (collectively, the “ Intellectual Property ”) necessary for the conduct of its business as now conducted or as proposed to be conducted. Except as set forth in the SEC Reports and except where such violations or infringements would not reasonably be expected to result, either individually or in the aggregate, in a Material Adverse Effect, (a) to the Company’s Knowledge, there are no rights of third parties to any such Intellectual Property; (b) to the Company’s Knowledge, there is no infringement by third parties of any such Intellectual Property; (c) there is no pending or, to the Company’s Knowledge, threatened action, suit, proceeding or claim by others challenging the Company’s rights in or to any such Intellectual Property, and the Company is unaware of any facts which would form a reasonable basis for any such claim; (d) there is no pending or, to the Company’s Knowledge, threatened action, suit, proceeding or claim by others challenging the validity or scope of any such Intellectual Property; and (e) there is no pending or, to the Company’s Knowledge, threatened action, suit, proceeding or claim by others that the Company infringes or otherwise violates any patent, trademark, copyright, trade secret or other proprietary rights of others, and the Company is unaware of any other fact which would form a reasonable basis for any such claim.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The opinion filed on March 15, 2004, appearing at 361 F.3d 1108 (9th Cir.2004) is amended as follows: Page 3151, lines 1-2: delete “See Public Citizen v. Dep’t of Transp., 316 F.3d 1002, 1014 (9th Cir.2003).” Page 3164, line 7: replace “dock” with “refinery” Page 3167, lines 6-14: replace “With the dock extension, though, the BP facility can handle additional traffic beyond what market forces might bring about alone. The New platform facilitates an increase in tanker traffic and is a “but for” cause of this increase in tanker traffic even if it is not the sole source of the increase. Public Citizen, 316 F.3d at 1024 (<HOLDING>).” with “With the dock extension, though, the Options: A. holding that a traffic stop is reasonable under the fourth amendment when police have probable cause to believe a traffic infraction has occurred B. holding that even where it is impossible to separate the causes of increases in traffic the influence of the challenged activity on increased traffic is still an important causal effect C. holding that even if an officer has an ulterior motive that does not authorize him to conduct a traffic stop of a particular vehicle he may still lawfully execute the stop if he observes the driver violate a traffic law D. holding that traffic safety is a substantial government goal E. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring

assistant: The best answer is B. holding that even where it is impossible to separate the causes of increases in traffic the influence of the challenged activity on increased traffic is still an important causal effect
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: incurred by the defending insurer). In Iowa National the supreme court concluded that the equities between a defending insurer and non-defending insurer were “at best equal,” reasoning that the expenses incurred by the defending insurer were expenses that it agreed to incur pursuant to its contract with its insured. Id. at 368-69, 150 N.W.2d at 237. The supreme court noted that the defending insurer received premiums from its insured in exchange for its agreement to assume the risk of insuring these expenses, stating, “These charges are not in the nature of a payment of a debt for which another was primarily liable. They are [the defending insurer’s] expense of doing business.” Id. at 369, 150 N.W.2d at 237-38; see Jostens, Inc. v. Mission Ins. Co., 387 N.W.2d 161, 166 (Minn.1986) (<HOLDING>) (emphasis added). Thus, equity does not compel Options: A. holding he who seeks equity must do equity B. recognizing that iowa national rejected the argument that equity compelled shared liability among insurers who were not in privity stating the insurer assuming the defense has no cause to complain because it is protecting its own interests and is only doing what it agreed and was paid a premium to do C. holding that no binding insurance contract took effect because the initial premium was not paid D. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer E. holding that it is not

assistant: The best answer is B. recognizing that iowa national rejected the argument that equity compelled shared liability among insurers who were not in privity stating the insurer assuming the defense has no cause to complain because it is protecting its own interests and is only doing what it agreed and was paid a premium to do
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 interest, as well as fees and other charges calculated on a per annum basis, shall be computed for the actual days elapsed, based on a year of 360 days. Each determination by Lender of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. All fees payable under Section 3.2 shall be in addition to any other fees, costs or expenses payable pursuant to any Loan Document and each of the fees described in Section 3.2 constitute part of the Obligations and shall be deemed earned in full on the date when the same is due and payable hereunder and shall not be subject to rebate or proration upon termination of this Agreement for any reason. A certificate as to amounts payable by Borrowers under Section 3.4 , 3.6 , 3.7 , 3.9 or 5.8 , submitted to Borrower Agent by Lender shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.

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 Borrower has filed all tax returns that it is required to file and has paid all Taxes shown on said returns as well as all Taxes shown on all assessments received by it except to the extent that (a) such Taxes are the subject of a bona fide dispute concerning the Borrower’s liability to pay same or concerning the amount thereof, (b) such Taxes are being properly contested in good faith by appropriate proceedings promptly instituted and diligently conducted and (c) the Borrower has established appropriate reserves. The Borrower is not subject to any tax Liens, nor has it received any notice of deficiency or other official notice to pay any Taxes.

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: All representations, warranties, covenants and releases of Borrower made in this Agreement or any other document furnished in connection with this Agreement will survive the execution and delivery of this Agreement and the Forbearance Period, and no investigation by Agent or any Lender, or any closing, will affect the representations and warranties or the right of Agent and Lenders to rely upon them.

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: Subject to earlier termination as hereinafter provided, the Executive’s employment under this Agreement shall be for a term (the “ Term of this Agreement ”) commencing on the Effective Date and expiring on March 31, 2020 (the “ Expiration Date ”). The Term of this Agreement may be extended or renewed only by written agreement signed by the Executive and an expressly authorized representative of the Board of Directors of the Company (the “ Board ”).

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: see also OCGA § 5-5-24 (a) (“ [I]n all civil cases, no party may complain of the giving or the failure to give an instruction to the jury unless he [or she] objects thereto before the jury returns its verdict, stating distinctly the matter to which he objects and the grounds of his objection.” (emphasis supplied)). 12 See Thompson, 304 Ga. App. at 261 (b). 13 287 Ga. App. 689 (652 SE2d 583) (2007). 14 263 Ga. App. 839 (590 SE2d 381) (2003). 15 Id. at 840; see Hunter, 287 Ga. App. at 691 (reversing summary judgment in favor of defendant because plaintiff “came forward with evidence showing that [defendant’s employee] may have been on his cell phone regarding company business when the accident occurred”). 16 See Sellers v. Burrowes, 302 Ga. App. 667, 672 (3) (691 SE2d 607) (2010) (<HOLDING>). 17 Fowler Props., Inc. v. Dowland, 282 Ga. Options: A. holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence B. holding that the plain error review provided for in ocga 17858 is waived where the defendant requested the charge in question and made no objection to the charge at trial C. holding that trial court did not err D. holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge E. holding that the trial court did not err in refusing to give the defendants tendered instruction regarding the voluntariness of his confession

assistant: The best answer is A. holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence
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 of the parties hereto hereby irrevocably and unconditionally (i) submits, for itself and its property, to the nonexclusive jurisdiction of any New York State court in New York County or federal court of the United States of America for the Southern District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to the Base Indenture, the Group I Supplement, this Series 2016-1 Supplement, the Series 2016-1 Notes or the transactions contemplated hereby, or for recognition or enforcement of any judgment arising out of or relating to the Base Indenture, the Group I Supplement, this Series 2016-1 Supplement, the Series 2016-1 Notes or the transactions contemplated hereby; (ii) agrees that all claims in respect of any such action or proceeding may be heard and determined in such New York State court or, to the extent permitted by law, federal court; (iii) agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law; (iv) consents that any such action or proceeding may be brought in such courts and waives any objection it may now or hereafter have to the laying of venue of any such action or proceeding in any such court and any objection it may now or hereafter have that such action or proceeding was brought in an inconvenient court, and agrees not to plead or claim the same; and (v) consents to service of process in the manner provided for notices in Section 9.15 (provided that, nothing in this Series 2016-1 Supplement shall affect the right of any such party to serve process in any other manner permitted by law).

assistant: Submission To Jurisdiction
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 medical degree “is not enough to qualify [a doctor] to give an opinion on every conceivable medical question.” Fuller points out that this caveat is especially relevant here where Fagelson could not point to a single piece of medical literature that says glue fumes cause throat polyps. Finally, it disputes that the method Fagelson used to come to his medical conclusion, “differential etiology,” qualifies as scientific under Daubert. We are unpersuaded. Fagelson is an experienced medical doctor, who is certified by the American Board of Otolaryngology and has practiced in the specialty of ears, nose and throat since 1966. We find his background sufficient to permit his expert testimony on a throat ailment and its causes. See, e.g., Carroll v. Morgan, 17 F.3d 787, 790 (5th Cir.1994) (<HOLDING>); Hopkins v. Dow Corning Corp., 33 F.3d 1116, Options: A. holding that the district court properly admitted expert testimony under daubert that was based on inter alia the doctors clinical experience and review of the medical records B. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury C. holding that a doctor was qualified under daubert to give an expert opinion on standard of medical care based on thirty years of experience as a practicing boardcertified cardiologist and his review of the medical records D. holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts E. recognizing that the expert was particularly qualified to give his opinion

assistant: The best answer is C. holding that a doctor was qualified under daubert to give an expert opinion on standard of medical care based on thirty years of experience as a practicing boardcertified cardiologist and his review of the medical records
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything contained in this Agreement to the contrary, the Company, by written notice to the Executive, shall at all times have the right to terminate this Agreement, and the Executive's employment hereunder, if the Executive shall, as the result of mental or physical incapacity, illness or disability, fail to perform her duties and responsibilities provided for herein for a period of more than ninety (90) consecutive days in any 12-month period. Upon any termination pursuant to this Section 4.2, the Executive shall be entitled to be paid her Base Salary to the date of termination and the Company shall have no further liability hereunder (other than for reimbursement for reasonable business expenses incurred prior to the date of termination).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 7.1(f) is a complete and correct listing of all real estate assets of the Borrower, each other Loan Party and each other Subsidiary, as of the date of the financial statements for the fiscal quarter most recently ended prior to the Agreement Date, and sets forth all material adjustments thereto as of the Agreement Date occurring as a result of any transaction occurring after the date of such financial statements, and for each such Property, the current occupancy status of such Property and whether such Property is a Development Property and, if such Property is a Development Property, the status of completion of such Property. Except as indicated on Schedule 7.1(f) or other adjustments which are not material in amount, the Borrower, each other Loan Party and each other Subsidiary owns or leases the assets reflected in the most recent consolidated balance sheet of the Parent as of the date thereof or acquired or leased since that date (except property sold or otherwise disposed of in the ordinary course since such date). Except as set forth on Schedule 7.1(f), each of the Borrower and the Parent, each other Loan Party and each other Subsidiary has good, marketable and legal title to, or a valid leasehold interest in, its respective assets.

assistant: Liens
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: you agree not to publish the distribution content with other content that is known by you to be false , inaccurate , or misleading or that is , or that encourages activity or conduct that is , unlawful , harmful , threatening , abusive , harassing , tortious , defamatory , vulgar , obscene , pornographic , libelous , invasive of another 's privacy , hateful , or racially , ethnically or otherwise objectionable .

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: when he committed battery upon the police officer. Thus, the record of conviction establishes that Bondarenko’s conviction for Battery Upon a Police Officer under Nevada Revised Statute § 200.481 constitutes a crime of violence pursuant to 18 U.S.C. § 16(a). See Ye v. INS, 214 F.3d 1128, 1133 (9th Cir.2000) (<HOLDING>). Accordingly, Bondarenko was convicted of an Options: A. holding possession of an unregistered firearm is presumptive evidence of unlawful violent intentions and therefore involves the substantial risk of violence necessary to label the possession a crime of violence B. holding that the force necessary to constitute a crime of violence must actually be violent in nature quotation and alteration omitted C. holding that under 5k213 no departure may be given where the crime was violent in nature D. holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence E. holding that the definition of a violent felony is nearly identical to the definitions of a crime of violence used in the guidelines

assistant: The best answer is B. holding that the force necessary to constitute a crime of violence must actually be violent in nature quotation and alteration omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Regardless of whether an Offering or closing is consummated, the Series and Fortress, agree, jointly and severally, to indemnify the Placement Agent with regard to matters contemplated herein, as set forth in Schedule A, attached hereto, which is incorporated by reference as if fully set forth herein. This Section 8 shall survive the termination or expiration of this Agreement.

assistant: Indemnifications