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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any notices or other communications provided by fitbit under these terms , including those regarding modifications to these terms , will be given : ( i ) via email or ( ii ) by posting to the fitbit service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party and its Subsidiaries have filed or caused to be filed all United States federal, United Kingdom and other material Tax returns which are required to be filed by them and have paid all Taxes due pursuant to said returns or pursuant to any assessment received by such Loan Party or Subsidiary, except such Taxes, if any, as are being contested in good faith and as to which adequate reserves have been provided in accordance with generally accepted accounting principles or which would not reasonably be expected to have a Material Adverse Effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: tinder stacks operates separately from the main tinder experience , so when you use tinder stacks , you are n't creating an account , logging in with facebook , sharing your facebook details with us or creating a profile that will be shown on tinder .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: 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 90 consecutive days in any 12-month period. Upon any termination pursuant to this Section 3.2 , the Executive shall be entitled to be paid his Base Salary through the date of termination within ten days after such termination (or on such earlier date as may be required by applicable law) and the Company shall have no further liability hereunder (other than for reimbursement for reasonable business expenses incurred prior to the date of termination and any rights the Executive and/or the Executive’s family may have under the terms of the welfare benefit plans described in Section 2.6 ).

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 case excerpt and choose the best holding from the options. Case excerpt: estoppel as a defense against suit, existing cases suggest this result. In S.A.P., for example, the court held that the state can be equitably estopped from asserting section 768.28(13), Florida Statutes (1993), which sets a period of four years from the accrual of a caúse of action to commence suit against it, as a defense to an untimely claim. 835 So.2d at 1097-98. In reaching that conclusion, the court characterized section 768.28(13) as a “conventional statute of limitations” and distinguished it from “a statute of repose that forecloses all forms of equitable relief.” Id. at 1100. The implication of that distinction is that had the statute been one of repose, an equitable doctrine such as estoppel would not have spared the plaintiffs claim. See also May, 771 So.2d at 1161 (<HOLDING>); cf. Aristide v. Jackson Mem’l Hosp., 917 Options: A. holding that the statute must specify the states intention to subject itself to suit in federal court in order to constitute a waiver B. holding that nonclaim statute in probate code is not subject to waiver or extension in the probate proceedings C. holding that the statute of limitations contained in section 2501 is jurisdictional and is not subject to tolling waiver or estoppel D. holding that the courts statute of limitations is jurisdictional in nature and is thus not subject to waiver or estoppel E. holding that the right to support is not subject to waiver by either parent

assistant: The best answer is B. holding that nonclaim statute in probate code is not subject to waiver or extension in the probate proceedings
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: adopted by a court to be enforced in court. Third, res judicata does not apply to the 2004 action which was dismissed for lack of prosecution. See Houswerth v. Neimiec, 603 So.2d 88, 89 (Fla. 5th DCA 1992) (finding that “a dismissal for lack of prosecution is not a ruling on the merits and therefore cannot be the basis of a subsequent res judicata argument”). Accordingly, we reverse the order of dismissal and remand with instructions to reinstate instant action and the preliminary injunctions against Alan Schiffman. 1 . We also note that the conduct giving rise to the instant breach of contract claim is wholly separate and distinct from the conduct alleged as the basis for the 2004 action. See Inter-Active Servs., Inc. v. Heathrow Master Ass'n., 809 So.2d 900, 902 (Fla. 5th DCA 2002) Options: A. holding that for res judicata purposes the cause of action is the same when substantially the same evidence would support a recovery in both actions B. recognizing the express reservation of the plaintiffs right to maintain a second action as an exception to the doctrine of res judicata C. holding that res judicata did not apply where a trial courts order was not a final judgment D. recognizing that res judicata does not apply unless the facts and evidence necessary to maintain suit are the same in both actions E. holding additional parties in second suit do not prevent the application of res judicata based on the first suit

assistant: The best answer is D. recognizing that res judicata does not apply unless the facts and evidence necessary to maintain suit are the same in both actions
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 Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original but all such counterparts together shall constitute but one and the same instrument. Delivery of an executed counterpart to this Amendment by facsimile transmission or other electronic transmission shall be effective as delivery of a manually signed counterpart of this Amendment.

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: All payments and benefits under the Agreement will be paid less applicable withholding taxes. The Company is authorized to withhold from any payments or benefits all federal, state, local and/or foreign taxes required to be withheld from such payments or benefits and make any other required payroll deductions. No member of the Company Group will pay the Executive’s taxes arising from or relating to any payments or benefits under the Agreement.

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: equal to the task.” Merrill v. Taylor, 72 Tex. 293, 10 S.W. 532, 534 (1888). Both parties presented evidence to show when the nuisance began. The jury could have determined that the nuisance began in 1994, 1998, or never at all. The jury weighed the evidence and found that the claim accrued in 1998, and we agree with the court of appeals that legally sufficient evidence supports that finding. III. Damages The jury awarded the landowners damages for the decrease in property value the nuisance caused. The Company challenges the evidence supporting those awards. A. The Property Owner Rule If a nuisance is permanent, a landowner may recover the property’s lost market value. See Schneider Nat’l Carriers, Inc., 147 S.W.3d at 276; Pickens v. Harrison, 151 Tex. 562, 252 S.W.2d 575, 582 (1952) (<HOLDING>). This normally requires a comparison of market Options: A. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages B. holding that where the customary measure of damages for a vendors failure or refusal to convey land was inapplicable the measure of damages must be flexible enough to vary with the necessities of the situation C. holding that even though the complaint sought money damages and land was actually recovered the attorneys lien attached to the land D. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land E. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land

assistant: The best answer is D. holding that if respondents suit is one for permanent damages to the land the measure of damages is the decreased value of the land
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 Employee becomes Disabled prior to December 31, 2019, Employee will receive the Discretionary Credit described in Section 3, which shall be allocated to Employee’s Discretionary Credit Account as of the date of Employee’s Disability.

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 case excerpt and choose the best holding from the options. Case excerpt: on James’ EEO complaint. James’ EEO complaint was filed on April 2, 1986. Under 29 C.F.R. § 1613.281(b), James was authorized to file suit in federal district court “[a]fter one hundred and eighty (180) calendar days from the date of filing a complaint with the agency if there has been no decision.” Thus, his original complaint was filed prior to the time of authorization. However, plaintiff filed a second amended complaint on March 2,1987. More than 180 days had elapsed by this time. The court concludes that the 180-day requirement in 29 C.F.R. § 1613.281(b) is better viewed as a condition precedent rather than as a jurisdictional prerequisite. Cf Pinkard v. Pullman-Standard, 678 F.2d 1211, 1215 (5th Cir. Unit B 1982), cert. denied, 459 U.S. 1105, 103 S.Ct. 729, 74 L.Ed.2d 954 (1983) (<HOLDING>); see also Puckett v. Tennessee Eastman Co., Options: A. holding exhaustion of regulatory administrative process is jurisdictional prerequisite to district court hearing discrimination claim B. holding that the filing deadline under title vii is not a jurisdictional prerequisite to suit in federal court but a requirement that like a statute of limitations is subject to waiver estoppel and equitable tolling C. holding that the receipt of a righttosue letter in a title vii claim is a condition precedent rather than a jurisdictional prerequisite D. holding that the requirement of an actual case or controversy is a jurisdictional prerequisite under the constitution E. holding that a coa is a jurisdictional prerequisite

assistant: The best answer is C. holding that the receipt of a righttosue letter in a title vii claim is a condition precedent rather than a jurisdictional prerequisite
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: `` your content '' means any content that you `` make available '' , which includes providing , sharing , otherwise making available to masquerade or in connection with our services via any mechanism .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent not preempted by federal law, all questions pertaining to the construction, regulation, validity and effect of the provisions of the Plan shall be determined in accordance with the laws of the State of Delaware without regard to the conflict of laws principles thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: lack of alternative explanation that “someone other than [the] defendant had introduced the methamphetamine into [the] defendant’s body,” established probable cause to arrest for possession of methamphetamine; as matter of objectively reasonable belief, officer was entitled to infer that the defendant had probably “possessed methamphetamine before introducing it into his body”), with State v. Morton, 151 Or App 734, 739, 951 P2d 179 (1997), rev den, 327 Or 521 (1998) (officer lacked reasonable suspicion that the defendant passenger had unlawfully possessed marijuana, notwithstanding the officer’s observations of the defendant’s appearance and behavior that were consistent with being under the influence of marijuana), and State v. Lavender, 93 Or App 361, 363, 364, 762 P2d 1027 (1988) (<HOLDING>). Accord State v. Holcomb, 202 Or App 73, 75, Options: A. holding inter alia that experienced officers observations that the defendant was under the influence of either methamphetamine or cocaine did not by itself establish probable cause to believe that the defendant had committed a crime B. holding that eyewitness accounts and an officers observations established probable cause C. holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime D. holding police officer had probable cause to believe defendant was operating a motor vehicle under the influence of alcohol E. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it

assistant: The best answer is A. holding inter alia that experienced officers observations that the defendant was under the influence of either methamphetamine or cocaine did not by itself establish probable cause to believe that the defendant had committed a crime
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: . Id. 42 . Id. at ¶15. 43 . Id. at ¶ 16. Plaintiff was recommended to Defendant by Judith Hunter, a master representative. Id. at ¶ 15. Based on this recommendation, Stewart pushed for Plaintiff's hiring despite his lack of manager verification. 44 . Pl's. Am. Resp. to Def.'s Mot. for Summ. J„ 16. 45 . Attachment 6 to Docket Entry 81 is an excerpt of Judith Hunter's deposition testimony. Hunter’s deposition, however, does not mention verifiable relevant experience. Instead, the portion attached seems to focus on the confidential documents Plaintiff allegedly took from Custer’s office. 46 . Custer's summary was noted on an Authorization Form. See Attachment A to Plaintiff’s Response to Summary Judgment at (DE #41). 47 . E.E.O.C. v. J.C. Penney Co., Inc., 843 F.2d 249, 253 (6th Cir.1988)(<HOLDING>). 48 . Balmer, 423 F.3d at 612. 49 . Id. 50 . Options: A. holding that the legitimate business reason standard is the appropriate benchmark against which to measure the factor other than sex defense B. holding that the fair and just reason standard is simply more generous than the standard for determining whether a plea is invalid C. holding that an employee may establish that the legitimate reason for an employment decision offered by an employer is pretextual by showing by a preponderance of the evidence either that the discrim inatory reason was the true reason motivating the employers conduct or that the profferred legitimate reason was false D. holding that majority shareholders had legitimate business reasons for terminating a shareholder which included the reason that the shareholder was not working well with other employees E. holding that the appropriate standard of review is abuse of discretion

assistant: The best answer is A. holding that the legitimate business reason standard is the appropriate benchmark against which to measure the factor other than sex defense
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: (2d Cir.1982) (exception generally has been applied only to actions for damages due to commercial decisions that were predicated on incorrect or incomplete information); Reynolds v. United States, 643 F.2d 707, 711 (10th Cir.1981) (exception applies where plaintiff relies on false representations to his 'financial detriment). Those elements include “reliance by the plaintiff ... upon the false information that has been provided,” and “pecuniary loss.” Jimenez-Nieves, 682 F.2d at 4 (citing applicable sections of the Restatement (Second) of Torts). Furthermore, courts have held that the misrepresentation exception does not bar suits on other grounds in cases in which misrepresentations are collaterally involved. See, e.g., Saraw P’ship v. United States, 67 F.3d 567, 570-71 (5th Cir.1995) (<HOLDING>). As the First Circuit said in Jimenez-Nieves, Options: A. holding misrepresentation exception does not bar plaintiffs negligence claim where governments lack of communication was collateral to the essential act that spawned the damages B. holding misrepresentation claim to be preempted C. holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract D. holding that misrepresentation was essential to plaintiffs claim E. holding that pecuniary damages are essential to a fraudulent misrepresentation cause of action

assistant: The best answer is A. holding misrepresentation exception does not bar plaintiffs negligence claim where governments lack of communication was collateral to the essential act that spawned the damages
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 Group Member has good and marketable fee simple title to all owned real property and valid leasehold interests in all leased real property, and owns all personal property, in each case that is purported to be owned or leased by it, including those reflected on the most recent Financial Statements delivered by the Borrower, and none of such property is subject to any Lien except Permitted Liens.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: J., dissenting). 13 . See, e.g., Van Hook v. Anderson, 488 F.3d 411, 424-25 (6th Cir.2007); Owens v. Bowersox, 290 F.3d 960, 963 (8th Cir.2002). 14 . Arizona v. Mauro, 481 U.S. 520, 529-30, 107 S.Ct. 1931, 95 L.Ed.2d 458 (1987). 15 . Michigan v. Harvey, 494 U.S. 344, 350, 110 S.Ct. 1176, 108 L.Ed.2d 293 (1990). 16 . Arizona v. Roberson, 486 U.S. 675, 681, 108 S.Ct. 2093, 100 L.Ed.2d 704 (1988) (emphasis added) (quoting Michigan v. Mosley, 423 U.S. 96, 110 n. 2, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975) (White, J., concurring)). 17 .See Santistevan, 701 F.3d at 1296 (Tymkovich, J. dissenting) (Noting that third-party reinitiation is appropriate when government is not working with the third party). 18 . Cf. Connecticut v. Barrett, 479 U.S. 523, 528-29, 107 S.Ct. 828, 93 L.Ed.2d 920 (1987) (<HOLDING>). 19 . Id. at 529, 107 S.Ct. 828. 20 . United Options: A. holding that a defendants fifth amendment rights were violated when an interpreter was withdrawn by the court B. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege C. holding fifth amendment not violated under above rationale D. holding a juveniles request to speak to a probation officer is not a per se invocation of fifth amendment rights E. holding that a suspects fifth amendment rights were not violated when he agreed to speak with officers but refused to give a written statement without an attorney

assistant: The best answer is E. holding that a suspects fifth amendment rights were not violated when he agreed to speak with officers but refused to give a written statement without an attorney
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: In the event any one or more of the provisions contained in this Agreement or in any other Loan Document should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and therein shall not in any way be affected or impaired thereby. The parties shall endeavor in good-faith negotiations to replace the invalid, illegal or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the invalid, illegal or unenforceable provisions.

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 case excerpt and choose the best holding from the options. Case excerpt: and tortious activities into Virginia. In this regard, AAMG points to DNX’s acceptance of $2,400 worth of jewelry from a donor in Virginia in December, 2003. According to Caswell’s affidavit, however, the content of which AAMG does not contest, the jewelry donor contacted DNX. (Caswell Aff. ¶ 10.) Even when coupled with the harmful effects in Virginia of DNX’s alleged conduct, the one-time unilateral act of a single third-party contacting DNX, even if that contact was facilitated by DNX’s website or other national advertising, is simply “too attenuated and insubstantial to provide a constitutionally sufficient basis” for the exercise of personal jurisdiction over DNX. See ESAB, 126 F.3d at 626; see also Calder v. Jones, 465 U.S. 783, 789-90, 104 S.Ct. 1482, 79 L.Ed.2d 804 (1984) (<HOLDING>). Based on the record before the court and Options: A. holding that california courts assertion of personal jurisdiction over floridabased reporters did not violate due process when allegedly defamatory article that was the basis of the suit focused on the california activities of california residents B. recognizing a hypothetical situation where california law left a party free to sue on a claim in maryland even after the claim was precluded in california because the california statute of limitations had expired C. holding that the ninth circuit is bound by the california supreme courts interpretation of california law D. recognizing that california has a valid interest in protecting a california company from copyright infringement E. holding that personal jurisdiction in california was appropriate over nonresident journalist where harmful effects of allegedly defamatory article would be exclusively felt in california and california was the state of newspapers greatest circulation

assistant: The best answer is E. holding that personal jurisdiction in california was appropriate over nonresident journalist where harmful effects of allegedly defamatory article would be exclusively felt in california and california was the state of newspapers greatest circulation
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: finality requirement, the order “must conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unre-viewable on appeal from a final judgment.” Coopers & Lybrand v. Livesay, 437 U.S. 463, 468, 98 S.Ct. 2454, 2458, 57 L.Ed.2d 351 (1978). I conclude that this three-part test is satisfied for much the same reasons proffered by the Supreme Court in Moses H. Cone, 460 U.S. at 11-13, 103 S.Ct. at 934-36. Here, the “conclusiveness” prong of the test is satisfied inasmuch as the district court will never again have an opportunity to revisit its Colorado River determination, and its stay order. Cf. Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 271, 278, 108 S.Ct. 1133, 1137-38, 99 L.Ed.2d 296 (1988) (<HOLDING>). Indeed, not only will the district court, in Options: A. holding that bankruptcy court order that a stay applied to a particular party was a final order and noting that bankruptcy court orders lifting or denying relief from an automatic stay are final for purposes of appeal B. holding that the denial of a motion to find a violation of the automatic stay was a final order C. holding that an order denying a 522f motion is final because it ends the litigation on the merits D. recognizing that an order denying a motion to modify a family court order where the motion is based on changed factual or legal circumstances is appealable as a special order after final judgment E. holding denial of colorado river motion is not final because a district court usually will expect to revisit and reassess an order denying a stay whereas granting a colorado river motion necessarily implies an expectation that the state court will resolve the dispute

assistant: The best answer is E. holding denial of colorado river motion is not final because a district court usually will expect to revisit and reassess an order denying a stay whereas granting a colorado river motion necessarily implies an expectation that the state court will resolve the dispute
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 agreement on the part of a party hereto to (a) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (b) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto or (c) waive compliance with any of the agreements or conditions contained herein shall be valid only if set forth in a written instrument signed on behalf of such party, but such extension or waiver shall nor operate as a waiver of, or estoppel with respect to, any subsequent or other failure.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party; provided, however , that Buyer may (i) assign any or all of its rights and interests hereunder to one or more of its Affiliates and (ii) designate one or more of its Affiliates to perform its obligations hereunder (in any or all of which cases Buyer nonetheless shall remain responsible for the performance of all of its obligations hereunder).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: purposes of the EAJA, and whether the Government’s position was “substantially justified” is uncontested. The primary issue in this case is whether Murkeldove and the Vinning Plaintiffs incurred fees as contemplated by the EAJA. Here, the parties entered into contingency-fee agreements with their attorneys for the payment of an EAJA award. Thus, as a threshold matter, we must determine whether contingency-fee agreements are allowed under the EAJA. The Commissioner and Plaintiffs agree that Plaintiffs have incurred fees, and our analysis in United States v. Claro, 579 F.3d 452 (5th Cir.2009), supports this determination. The plaintiff in Claro sought attorney’s fees and expenses pursuant to the Hyde Amendment, which incorporates the requirements articulated in section 2412 4th Cir.1992) (<HOLDING>); Phillips v. Gen. Servs. Admin., 924 F.2d Options: A. holding parties agreement provided clear contractual justification for the award of costs and expenses including attorneys fees to the prevailing party B. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees C. holding that under the eaja a prevailing party with an unconditional right to be indemnified for his legal expenses by a solvent third party had not incurred attorneys fees D. recognizing that a school district must be a prevailing party in order to be entitled to attorneys fees under the idea E. holding that under the eaja a litigant did not incur fees when his former employer agreed to pay his legal fees and expenses

assistant: The best answer is C. holding that under the eaja a prevailing party with an unconditional right to be indemnified for his legal expenses by a solvent third party had not incurred attorneys 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: All representations and warranties made hereunder, in the other Loan Documents and in any document, certificate or statement delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Agreement and the making of the Loan.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that ( a ) we can not ensure the security or privacy of information you provide through the internet and your email messages , and you release us from any and all liability in connection with the use of such information by other parties ; ( b ) we are not responsible for , and can not control , the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the service ; and ( c ) we can not assume any responsibility for the content of messages sent by other users of the service , and you release us from any and all liability in connection with the contents of any communications you may receive from other users .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall not have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) the Administrative Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) the Administrative Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Loan Documents that the Administrative Agent is required to exercise as directed in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02), and (c) except as expressly set forth in the Loan Documents, the Administrative Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to any Loan Party or any of its Subsidiaries that is communicated to or obtained by the bank serving as Administrative Agent or any of its Affiliates in any capacity. The Administrative Agent shall not be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02) or in the absence of its own gross negligence or willful misconduct as determined by a final nonappealable judgment of a court of competent jurisdiction. The Administrative Agent shall be deemed not to have knowledge of any Default unless and until written notice thereof is given to the Administrative Agent by the Borrower Representative or a Lender, and the Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered hereunder or in connection with any Loan Document, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, (v) the creation, perfection or priority of Liens on the Collateral or the existence of the Collateral, or (vi) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of the Purchaser contained in this Agreement shall be true and correct in all material respects (other than those which are qualified as to materiality, which shall be true and correct in all respects) on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date (except that representations and warranties made as of a specific date shall be true and correct in all material respects (except as aforesaid) on such date); each Purchaser shall have in all material respects performed and complied with all covenants and agreements required by this Agreement to be performed or complied with by it on or prior to the Closing Date; and each Purchaser shall have delivered to the Seller a certificate, dated the date of the Closing Date and signed by the applicable Purchaser, to the foregoing effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be retroactive to and effective as of ____________________. All agreements and obligations of Freddie Mac contained herein shall continue during the period Indemnitee is a director, officer, employee or agent of Freddie Mac or is serving at the request of Freddie Mac as a director, officer, manager, partner, trustee, fiduciary, employee or agent of another corporation, limited liability company, partnership, joint venture, trust or other entity, including service with respect to an employee benefit plan and shall continue thereafter with respect to any possible claims based on the fact that Indemnitee was a director, officer employee or agent of Freddie Mac or was serving at the request of Freddie Mac as a director, officer, manager, partner, trustee, fiduciary, employee or agent of another corporation, limited liability company, partnership, joint venture, trust or other entity, including service with respect to an employee benefit plan. This Agreement shall be binding upon all successors and assigns of Freddie Mac (including any transferee of all or substantially all of its assets and any successor by merger or operation of law) and shall inure to the benefit of the heirs, personal representatives and estate of Indemnitee.

assistant: Effective Dates
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 security interest granted to Lender pursuant to this Agreement constitutes and creates a valid and continuing first lien on and first security interest in the Collateral in favor of Lender. Debtor is the sole owner of the Collateral, and has good and marketable title to it, free and clear of all liens, security interests, encumbrances or adverse claims, except for the security interests created by this Agreement. No chattel mortgage, collateral chattel mortgage, statement of assignment, notice of assignment, notice of security interest or effective financing statement or other instrument similar in effect covering all or any part of the Collateral is on file in any recording in any jurisdiction. There are no effective pledges or collateral assignments affecting all or any part of the Collateral other than those in favor of Lender.

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 case excerpt and choose the best holding from the options. Case excerpt: While the additional facts added to the evidence are relevant to an analysis of Colvin's credibility, "the very persuasive pieces of physical corroboration" cited by Judge Andrews still remain. Based on our analysis of the evidence presented to Judge Andrews and the additional facts that must be added pursuant to Judge Wolverton's findings, we conclude that the additional facts do not preclude a finding of probable cause. Accordingly, we reverse the superior court's order suppressing the taped conversations obtained when the police executed the (Hlass warrants. Conclusion The order of the superior court suppressing the taped conversations obtained when the Glass warrants were executed is REVERSED. 1 . See State v. Glass, 583 P.2d 872 (Alaska 1978), on reh'g, 596 P.2d 10 (Alaska 1979) (<HOLDING>) (citations omitted). 5 . See Lewis v. State, 9 Options: A. holding that under the alaska constitution the police must obtain a warrant before electronically monitoring or recording a private conversation even when one or more participants to the conversation consent to the police surveillance B. holding that the alaska constitution requires police to obtain judicial authorization before secretly recording a persons private conversations2 722 p2d 943 alaska 19863 862 p2d 181 alaska app199344 lewis 862 p2d at 186 quoting malkin 722 p2d at 946 n 6 C. holding that the alaska hire law which requires that all oil and gas leases easements or rightsofway permits et cetera contain requirement that qualified alaska residents be hired in preference to nonresidents is unconstitutional as violative of the privileges and immunities clause of the constitution D. holding that the due process clause of the alaska constitution guarantees the right to effective counsel in proceedings for the termination of parental rights E. holding that the alaska constitution requires police to obtain judicial authorization before electronically monitoring or recording a persons private conversations

assistant: The best answer is B. holding that the alaska constitution requires police to obtain judicial authorization before secretly recording a persons private conversations2 722 p2d 943 alaska 19863 862 p2d 181 alaska app199344 lewis 862 p2d at 186 quoting malkin 722 p2d at 946 n 6
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 Product Authorizations executed by the Parties pursuant to this Agreement embodies the entire agreement and understanding of the Parties with respect to the subject matter of this Agreement and supersede all prior agreements and understandings between the Parties with respect to the transactions contemplated hereby. This Agreement may be amended, modified or supplemented only by written agreement of both of the Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Apex are evident in this case: the viability of the legal malpractice claims alleged by the clients depends on the outcome of personal injury litigation in Mexico and in federal court, where the only procedural progress has been the determination of a presumptive forum in Mexico. See id. The alleged injuries are intertwined with and dependent upon further hypothetical adjudication by both Mexican courts and the federal district court. Similarly, in the context of accounting malpractice, the Texas Supreme Court held that a cause of action for' negligence based on the accountant’s use of the cash instead of the accrual method of accounting for tax purposes did not accrue until the Internal Revenue Service had assessed a tax deficiency. Atkins v. Crosland, 417 S.W.2d 150, 158 (Tex.1967) (<HOLDING>); see also Street v. Honorable Second Court of Options: A. holding that cause of action for malpractice did not arise until the tax deficiency was assessed because prior to assessment the plaintiff had not been injured B. holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice C. holding that plaintiffs legal malpractice claim was not ripe until the appeal had been exhausted because plaintiffs harm remained speculative until then D. holding that a tax refund claim must be dismissed if the principal tax deficiency has not been paid in full E. holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor

assistant: The best answer is A. holding that cause of action for malpractice did not arise until the tax deficiency was assessed because prior to assessment the plaintiff had not been injured
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: For purposes of this Agreement, "Confidential Information" shall mean information disclosed by the disclosing party (the "Disclosing Party") to the receiving party (the "Receiving Party") which relates to product plans, designs, costs, prices and names, finances, marketing plans, business opportunities, research, development, know-how, or personnel, including confidential information disclosed by third parties and information relating to any type of technology; provided that information disclosed by the Disclosing Party will be considered Confidential Information by the Receiving Party only if such information is conspicuously designated as "Confidential" (i) in writing, if communicated in writing, or (ii) confirmed in writing within thirty (30) days of disclosure, if disclosed orally or in other non-tangible form; and provided further that Confidential Information shall not include information that (D) the Receiving Party rightfully obtains from a third party who has the right to transfer or disclose it.

assistant: No
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: Indemnitee shall give the Corporation notice in writing as soon as practicable of any Proceeding for which indemnification will or could be sought under this Agreement; provided that any failure or delay in giving such notice shall not relieve the Corporation of its obligations under this Agreement unless and to the extent that ( i ) the Corporation is a party to or aware of such Proceeding and ( ii ) the Corporation is prejudiced by such failure (and, in that event, only to the proven extent of the amount of such purported prejudice, whether money damages or injunctive relief).

assistant: Cooperation
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, the other Transaction Documents and the other agreements and documents referred to herein are intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein or the other Transaction Documents with respect to the rights granted by the Partnership or any of its Affiliates or the Purchasers or any of their respective Affiliates set forth herein or therein. This Agreement, the other Transaction Documents and the other agreements and documents referred to herein or therein supersede all prior agreements and understandings between the parties with respect to such subject matter.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: additional information about the program , including policies governing feedback , the handling of lost , damaged , and undeliverable items , returns , and the resolution of buyer protection claims for items that you sell through the program , can be found on the global shipping program seller policies and frequently asked questions page .

assistant: None