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

user: Read the legal provision and list the applicable contract clause categories. Provision: THE BUYERS AND THE COMPANY, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES, IRREVOCABLY, THE RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY LEGAL PROCEEDING BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER AGREEMENT EXECUTED OR CONTEMPLATED TO BE EXECUTED IN CONJUNCTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT OR COURSE OF DEALING IN WHICH THE BUYERS AND THE COMPANY ARE ADVERSE PARTIES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE BUYERS TO PURCHASE THE SHARES.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and the company agree that , notwithstanding any other rights the party may have under law or equity , any cause of action arising out of or related to this eula or the service , excluding a claim for indemnification , must commence within one year after the cause of action accrues .

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: at 154 (“Probable cause to support the issuance of a search warrant ts supporting a search warrant have become sta e search warrant for appellant’s apartment is based entirely on information received by the Pasadena Police Department from two informants, Thumann and Broderick. The affidavit does not state when Thumann filed his initial report with the Pasadena Police Department, when Officer Brinson was assigned to the case, y and basis of knowledge of persons supplying hearsay information in circumstances to be considered by magistrate in issuing search warrant). Therefore, because the affidavit was based entirely on hearsay with no substantial basis provided for crediting it, the affidavit was insufficient to support the issuance of a search warrant. See Schmidt, 659 S.W.2d at 421 (<HOLDING>). Moreover, all the information recited in the Options: A. holding that information from confidential informant was reliable and credible where affidavit referred to previous instances in which informant provided correct information to police affiants own investigation and controlled buy of contraband confirmed information and second informant supplied same information to police B. holding affidavit insufficient to support probable cause when one cannot learn from the affidavit when the past activities occurred and when the observations were made C. holding corroborating evidence sufficient that officer drove informant to defendants house saw defendant admit informant and saw informant come out with drugs and defendants voice was identified on audio tape of transaction D. holding affidavit that failed to recite when incident described took place insufficient to support issuance of search warrant E. holding affidavit insufficient when it failed to state when affiant received information from informant when informant obtained information or when described incident took place

assistant: The best answer is E. holding affidavit insufficient when it failed to state when affiant received information from informant when informant obtained information or when described incident took place
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the ‘activity giving rise to the incident’ shows a ‘substantial relationship to traditional maritime activity.’ ” Id. (citing Sisson, 497 U.S. at 363-65, 110 S.Ct. 2892). Both the plaintiff and Mr. Szollo-sy dispute the defendants/third-party plaintiffs’ claim that this Court has admiralty jurisdiction over the instant case. First, Mr. Szollosy contends that the defendants/third-party plaintiffs may not invoke admiralty jurisdiction because neither the plaintiff nor the defendants/third-party plaintiffs have affirmatively inserted a statement in their complaints identifying the claim as an admiralty or maritime claim. However, the Court finds such a pleading requirement unnecessary. See, e.g., Pope & Talbot, Inc. v. Hawn, 346 U.S. 406, 410-411, 74 S.Ct. 202, 98 L.Ed. 143 (1953) (<HOLDING>); Preston v. Frantz, 11 F.3d 357, 358-59 (2d Options: A. holding that a federal court in diversity jurisdiction must apply state substantive law B. holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction C. holding that federal courts must apply state substantive law in diversity cases D. holding that in diversity cases federal courts are to apply state substantive law and federal procedural law E. holding that substantive admiralty law applies though suit was filed in federal court under diversity jurisdiction

assistant: The best answer is E. holding that substantive admiralty law applies though suit was filed in federal court under diversity 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: findings or abused its discretion in denying petitioner’s request for partition. We note that EPIC vests the probate court with the jurisdiction to hear an equitable claim for partition. MCL 700.1303(l)(b); see, also, Van Etten, supra at 287 (observing that MCL 700.22 extended equitable jurisdiction to the probate court in limited instances, including granting the relief of partitioning property). In an action for partition, the court determines “whether the premises can be partitioned without great prejudice to the parties,” the property’s value and use, and any other matters the court finds pertinent. MCR 3.401(A). Here, none of the parties suggested a viable method to partition the property into the four equal parcels required to comply with the trust’s terms of distributio 1933) (<HOLDING>). The concerns discussed in these cases apply Options: A. holding provision in oil and gas lease authorizing lessor to use gas for agricultural purposes contained no geographical limitations B. holding assignment of oil and gas lease is subject to business and commerce code section 2601 C. recognizing oil gas and coal are minerals and holding if oil gas and minerals are reserved from the grant of the surface of several tracts of unseated land they can be taxed as an estate in land D. recognizing as impermissible the aggregation of claims seeking to recover royalties allegedly due under oil and gas leases E. recognizing that a metes and bounds partition when land contains oil and gas results in a serious loss to a coowner who receives a lot without oil or gas under the surface with the loss due solely to the division of the land

assistant: The best answer is E. recognizing that a metes and bounds partition when land contains oil and gas results in a serious loss to a coowner who receives a lot without oil or gas under the surface with the loss due solely to the division 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 case excerpt and choose the best holding from the options. Case excerpt: to a defendant whenever, and however many times, he chooses to play it.” Accordingly, the MJ recommended that the motion be dismissed without addressing the merits. The district court adopted the MJ’s recommendation in full. This appeal followed. II. We first determine whether we have jurisdiction over this appeal. Symantec Corp. v. Global Impact, Inc., 559 F.3d 922, 923 (9th Cir.2009) (“Although neither party raised the issue of our jurisdiction to entertain this appeal, we have a duty to consider it sua sponte”). Our appellate jurisdiction extends to all “final decisions” of the district courts. 28 U.S.C. § 1291. In criminal eases, a final decision is rendered upon imposition of the defendant’s sentence. Parr v. United States, 351 U.S. 513, 518, 76 S.Ct. 912, 100 L.Ed. 1377 (1956) (<HOLDING>), quoting Berman v. United States, 302 U.S. Options: A. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence B. recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment C. holding that final judgment in a criminal case means sentence D. holding that an order disqualifying counsel in a civil case is not a final judgment E. holding that a victim may not bring an appeal from a final judgment in a criminal case asserting that her rights under 3771 were violated

assistant: The best answer is C. holding that final judgment in a criminal case means sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: unwarranted sentencing disparities, yet it failed to address the issue. Lente, 647 F.3d at 1034 (emphasis added). On appeal, we held the defendant’s sentencing-disparity argument was material and non-frivolous and thus the court’s failure to expressly address it was procedural error. Id. at 1035. As, here, Defendant did not raise sentencing disparity before the district court at all, we find Gantt more apropos. In Gantt, we upheld an upward variance to 20 years imprisonment from the Guideline sentence of seven years. Id. In doing so, we rejected the defendant’s argument that the court failed to address sentencing disparity. Id. Instead, we reiterated that the district court need not expressly discuss each of the § 3553(a) factors. Id. at 1249; see also Sanchez-Juarez, 446 F.3d at 1116 (<HOLDING>). Further, we stated, “one can say as a general Options: A. holding a sentencing court is not obligated to expressly weigh on the record each of the factors set out in 3553a B. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors C. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors D. recognizing that many of the 3553a factors are already incorporated into any guidelines determination and the 3553a factors can themselves overlap E. holding that sentence is reasonable when the district court properly addresses sentencing factors of 3553a

assistant: The best answer is A. holding a sentencing court is not obligated to expressly weigh on the record each of the factors set out in 3553a
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: action in response to improper comments usually is sufficient to cure any problems arising from such improper comments....”) (citations omitted). Considering Alcantara’s significant credibility problems, the evidence presented at trial of his illegal presences in the United States, and. the curative instruction given by the trial judge, Alcantara failed to demonstrate that “in the context of the entire trial, it is more probable than not that [the prosecutor’s comment] materially affected the verdict....” Dorsey, 677 F.3d at 954 (citation and internal quotation marks omitted). Stated another way, any error in vouching for the witnesses was harmless. See id. at 955. Finally, there was no abuse of discretion in denying the requested curative instruction. See Skinner, 667 F.2d at 1310 (<HOLDING>). Our decision in United States v. Options: A. holding that the district courts use of limiting instructions and other measures defused any risk of prejudice B. holding that the district courts curative instructions cured the governments truly improper and unfortunate comments C. holding that the trial judges misconduct at trial did not prejudice the defendant in light of the courts curative instructions D. recognizing that use of curative or limiting instructions is within the district courts discretion E. holding that this court is required to assume that the jury followed the limiting instructions given by the district court

assistant: The best answer is D. recognizing that use of curative or limiting instructions is within the district courts discretion
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: facie element of an ADEA retaliation claim); Hernandez v. Crawford Building Material Co., 321 F.3d 528, 531 & n. 1 (5th Cir.), cert. denied, 540 U.S. 817, 124 S.Ct. 82, 157 L.Ed.2d 34 (2003) (retaliation claims are analyzed the same under Title VII and the ADEA). See also Bienkowski, 851 F.2d at 1506 & n. 3 (“a plaintiff challenging his termination or demotion can ordinarily establish a pri-ma facie case of age discrimination by showing that he continued to possess the necessary qualifications for his job at the time of the adverse action” and noting that “[b]y this we mean that plaintiff had not suffered physical disability or loss of a necessary professional license or some other occurrence that rendered him unfit for the position for which he was hired”); Bynum, 41 F.Supp.2d at 653 (<HOLDING>). (b) Pretext and/or Motivating Factor GISD has Options: A. holding that a prima facie case is subject to independent review B. holding that the burden of establishing prima facie case of discriminatory treatment may be satisfied by minimal showing C. holding that plaintiffs decertification by the army that rendered him unqualified to continue serving as a jrotc teacher precluded him from establishing prima facie case of discrimination D. recognizing that a plaintiffs burden in establishing a prima facie case is not onerous E. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1

assistant: The best answer is C. holding that plaintiffs decertification by the army that rendered him unqualified to continue serving as a jrotc teacher precluded him from establishing prima facie case of discrimination
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sued in their individual capacities. See Owen v. City of Independence, 445 U.S. 622, 650, 100 S.Ct. 1398, 63 L.Ed.2d 673 (1980); Monell v. Dep’t of Social Serv., 436 U.S. 658, 694, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Leach v. Shelby County Sheriff, 891 F.2d 1241, 1245 (6th Cir.1989). That is to say, the liability of counties and other local governments under § 1983 depends solely on whether the plaintiffs constitutional rights have been violated as a result of a “policy” or “custom” attributable to the county or local government. Nevertheless, the district court reached the correct result in awarding summary judgment to Clermont County, as we shall explain below. Therefore we shall affirm its judgment, although on other grounds. See Andrews v. Ohio, 104 F.3d 803, 808 (6th Cir.1997) (<HOLDING>). Clermont County could only be held liable if Options: A. holding this court may affirm on any grounds supported by the record even if different from the district courts grounds B. recognizing that this court may affirm on any ground supported by the record even if it differs from the reasoning of the district court C. recognizing that this court may affirm on any grounds apparent from the record quotation omitted D. holding we may affirm on any grounds supported by the record even those not relied upon by the district court E. recognizing this court may affirm for any reason supported by the record

assistant: The best answer is A. holding this court may affirm on any grounds supported by the record even if different from the district courts grounds
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: You will not in any way malign or disparage the Company or any of its directors, officers, managers or employees at any time in the future. Similarly, the Company will instruct its current directors and all members of the Company’s Executive Leadership Team (“ELT”) not to malign or disparage you and will take reasonable steps to ensure compliance with such instruction; disparagement of you by any such individual will be deemed a breach of this provision by the Company. Notwithstanding the foregoing, this Paragraph 10 does not in any way restrict or impede either party from exercising protected rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of a “Change in Control,” provided Winnick’s employment with Employer or an acquiring entity is terminated, other than for Cause, within twelve (12) months of an event constituting a Change in Control, or if Employer or an acquiring entity fails to renew this Agreement within twelve (12) months of an event constituting a Change in Control .

assistant: Change In Control
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: 2 . The third and fourth claims for relief concern the School Board election districts. The court granted summary judgment to Navajo Nation on its fourth claim for relief. (Dkt. 280.) 3 . Dkt. 75, p. 7. 4 . Dkts. 207, 248. 5 . Dkt. 207. 6 . Dkt. 248. 7 . Yanito v. Barber, 348 F.Supp. 587, 589 (D.Utah 1972). 8 . Dkt. 166, p. 6; see Dkt. 80, p. 8. 9 . Samuel Isaacharoff et al„ The Law of Democracy: Legal Structure of the Political Process, 758 (4th ed. 2012) (noting that ''[a]s late as 1982, a sizeable majority of municipal elections were conducted at large” and that many states "elected at least some legislators from multimember districts”). 10 . See Dkt. 272-1. 11 . Id. ¶ 31. 12 . Id. 13 . Shaw v. Reno, 509 U.S. 630, 652, 113 S.Ct. 2816, 125 L.Ed.2d 511 (1993) [hereinafter Shaw 7] (<HOLDING>). 14 . In 1982, Congress made § 2 claims easier Options: A. holding out admission to practice law when not admitted to practice B. recognizing that the essence of a 2 claim is that a certain electoral law practice or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by minority and white voters to elect their preferred representatives C. recognizing that the court has the power to grant leave upon certain conditions D. holding that historical practice is important when courts interpret the constitution even when the nature or longevity of that practice is subject to dispute and even when that practice began after the founding era E. holding the insurer liable for failing to settle the claim when time was of the essence

assistant: The best answer is B. recognizing that the essence of a 2 claim is that a certain electoral law practice or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by minority and white voters to elect their preferred representatives
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: Sublandlord hereby represents and warrants that Sublandlord (i) has full power and authority to sublease the Sublet Premises to Subtenant, (ii) has not transferred or conveyed its interest in the Lease to any person or entity collaterally or otherwise, and (iii) has full power and authority to enter into the Sublease and this Consent Agreement. Subtenant hereby represents and warrants that Subtenant has full power and authority to enter into the Sublease and this Consent Agreement.

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: The agreements in this Section and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent and the L/C Issuer, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The attached Schedule 4.13 sets forth each insurance policy (including fire, commercial liability, products liability, workers’ compensation and vehicular) maintained by the Company on the Business and its properties, assets, products or personnel (the “ Insurance Policies ”), including, with respect to each Insurance Policy, the name of the insurer, the policy effective dates, the annual premiums, the limits and the deductibles. To the Company’s Knowledge, such policies are sufficient for compliance by the Company with all applicable Contracts of the Company, applicable material governmental permits, and applicable Laws. Each of the Insurance Policies is valid and binding and in full force and effect. All premiums due thereunder have been paid when due, and the Company has not received any notice of cancellation or termination or intent to cancel any Insurance Policy. The Insurance Policies will not terminate or lapse by reason of the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby. The Company is not in default with respect to any provision contained in any Insurance Policy and has not failed to give any notice or present any applicable claim under any insurance policy in due and timely fashion. To the Company’s Knowledge, the Company has complied in all material respects with all requirements to purchase insurance under any Contract or law applicable to the Company. None of the insurance carriers have provided notice to the Company (i) of an intention to cancel any such policy or to materially increase any insurance premiums (including workers’ compensation premiums), or (ii) that any insurance required to be listed on Schedule 4.13 will not be available in the future on substantially the same terms as currently in effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, the Executive shall serve as the Company’s Chief Executive Officer. The Executive shall be based at the Company’s headquarters in New Haven, Connecticut, or such place or places in the continental United States as the Board of Directors of the Company (the “Board”) shall determine. The Executive shall be subject to the supervision of, and shall have such authority as is delegated to the Executive by, the Board.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be amended or modified only by a written agreement executed and delivered by duly authorized officers of Buyer and the Seller Representative (on behalf of the Sellers) (subject to Section 11.7 and Section 11.9(d) , which in the circumstances described therein would require one or more Sellers to sign). This Agreement may not be modified or amended except as provided in the immediately preceding sentence and any purported amendment by any Party or Parties effected in a manner which does not comply with this Section 8.3 shall be void.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: means that a trial judge cannot constitutionally override a jury recommendation of life.” Lusk v. Dugger, 890 F.2d 332, 341 n. 8 (11th Cir.1989). It is well established that, contrary to Bolender’s position, “the mere presence of mitigating evidence does not automatically provide a reasonable basis for the jury’s recommendation.” Francis, 908 F.2d at 704. As noted above, the proper inquiry when a defendant challenges the propriety of a death sentence is whether, absent counsel’s allegedly inadequate performance, a reasonable probability exists that the balance of aggravating and mitigating circumstances did not warrant death. We agree with the district court’s conclusion that the prejudice component of the Strickland standard was not met in this case. See Bolender, 757 F.Supp. at 1408 (<HOLDING>). The Florida Supreme Court upheld the trial Options: A. holding that in granting summary judgment the trial courts disregard of the plaintiffs proffered expert testimony was not erroneous because that testimony would go not to the question of whether defendants decision took safety into account but rather would go to the question of the quality of the decision B. holding that the prejudice prong in strickland was not satisfied because counsels failure to raise an evidentiary issue would not have altered the result of the proceedings because the erroneous admission of the evidence would have constituted harmless error C. holding that the states failure to designate its expert witnesses was not harmless in trial for sexual battery and lewd and lascivious molestation where it was reasonably possible that defendant would have altered his trial preparation or strategy and that defendant would have deposed experts and possibly procured his own expert D. holding that the proffered changes in strategy would not have altered trial courts judgment E. holding that there is no brady violation unless a reasonable probability exists that the disclosed evidence would have altered the result of trial

assistant: The best answer is D. holding that the proffered changes in strategy would not have altered trial courts judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive represents and warrants that: (a) Executive has filed no pending claims with any court or government agency against any of the Released Parties; and (b) Executive has not breached any terms of any agreement between Executive and the Company regarding confidential information, competition or solicitation of clients or employees of the Group Company, including the Employment Agreement.

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: Executive shall be entitled to receive prompt reimbursement for all reasonable business expenses incurred by him, in accordance with the policies and procedures established by the Company from time to time, in performing services under this Agreement and during his employment with the Company, provided that Executive properly accounts for the expenses in accordance with Company policies. The amount of expenses eligible for reimbursement during a calendar year shall not affect the expenses eligible for reimbursement in any other calendar year. Reimbursement of eligible expenses shall be made on or before the last day of the calendar month following the calendar month in which the expenses were incurred, provided appropriate requests with supporting documentation are timely submitted in accordance with, or as otherwise provided in, the Company’s business expense reimbursement policy.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any other provision of paragraph 20.3 is found to be illegal , invalid or unenforceable , that provision will be severed with the remainder of paragraph 20.3 remaining in full force and effect .

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: This Agreement (including the appendices, exhibits, schedules and other documents referred to herein) constitutes the entire agreement among the Parties and supersedes any prior understandings, agreements or representations by or among the Parties, written or oral, that may have related in any way to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents, together with the DIP Orders, constitute the entire contract between the parties relative to the subject matter hereof. Any other previous agreement among the parties with respect to the subject matter hereof is superseded by this Agreement, the other Loan Documents and the DIP Orders. Nothing in this Agreement or in the other Loan Documents, expressed or implied, is intended to confer upon any Person (other than the parties hereto and thereto, their respective successors and assigns permitted hereunder and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the Collateral Agent and the Lenders) any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Loan Documents. In the event of any conflict between this Agreement or any other Loan Document and the DIP Orders, the DIP Orders shall control.

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: is before us. Thus, while the Oil Companies might have standing in the district court to challenge the adequacy of the appellants ’ notices, there was no standing for the Oil Companies to assert claims against the putative class. The fact that the appellants have counterclaimed with a class action is inapposite. This is not a case in which the district court ruled on the merits of claims affecting the entire class (including the appellants) before reaching the issue of class certification. Rather, the district court’s ruli (5th Cir.1983) (determining that the habeas petitioner had no standing to challenge the warrantless entry of police at someone else’s home, but reviewing other jus-ticiable controversies in the case). 7 . See, e.g., Floyd v. Bowen, 833 F.2d 529, 534 (5th Cir.1987) (<HOLDING>); see also 7B Charles Alan Wright et al., Options: A. holding that where named plaintiff was employee of class counsel district court did not abuse its discretion by denying class certification B. holding that the trial court did not err by granting defendants motion for summary judgment C. holding that the district court did not err in dismissing the named plaintiffs claims on summary judgment before reaching the issue of class certification D. holding that district court has discretion under appropriate circumstances to rule on summary judgment motion before addressing pending class certification motion E. holding that under wilkerson it was error for district court to deny class action certification motion of named plaintiffs whose claims were resolved after filing motion for class certification but before district court decided motion

assistant: The best answer is C. holding that the district court did not err in dismissing the named plaintiffs claims on summary judgment before reaching the issue of class certification
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: conduct that is arguably more similar to this. First is an older case decided by the D.C. Circuit and also identified in the defense’s brief, United States v. Cunningham, 509 F.2d 961 (D.C. Cir. 1975) (per curiam). The Cunningham court recognized that “not all failures to cooperate with federal agents are within [section Ill’s] prohibition, and that some measure of presently applied force is required.” Id. at 963. “Whether a person has opposed the efforts of federal agents with sufficient force to engage the statute can thus be a troublesome question of degree.” Id. Falling short, the D.C. Circuit presumed, “would be the mere refusal to unlock a door through which federal agents sought entrance.” Id. (citing District of Columbia v. Little, 339 U.S. 1, 70 S.Ct. 468, 94 L.Ed. 599 (1950) (<HOLDING>)). Nevertheless, the force involved in the Options: A. holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm escorting her from her home taking the keys to her home and locking the door and placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment B. holding that police officers did not violate the fourth amendment by telephoning an individual and threatening to seize a motorcycle in her possession and to arrest her without a warrant C. holding that threatening employee to mind her own business investigating her videotaping her without her permission and forcing her to take polygraph could not be considered adverse employment actions because they had no effect on conditions of employment D. holding that the word interfere in a dc regulation criminalizing the interfering with or preventing of building inspections by health officers could not be interpreted to encompass respondents failure to unlock her door and her remonstrances on fourth amendment grounds E. holding that the word interfere in the regulation could not p 7 fairly be interpreted to encompass the respondents failure to unlock her door and her remonstrances on constitutional grounds

assistant: The best answer is D. holding that the word interfere in a dc regulation criminalizing the interfering with or preventing of building inspections by health officers could not be interpreted to encompass respondents failure to unlock her door and her remonstrances on fourth amendment grounds
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 arbitration award as final. As we have said, the underlying policy of Rule 2 — 602(b) is the avoidance of piecemeal appeals. For this reason, the Court of Appeals and this Court have repeatedly cautioned trial judges that, in determining whether Rule 2-602(b) should be invoked, they “should balance the exigencies of the case ... with the policy against piecemeal appeals and then only allow a separate appeal in the very infrequent harsh case.” Diener, 266 Md. at 556, 295 A.2d 470 (emphasis added); accord Planning Bd. of Howard Co. v. Mortimer, 310 Md. 639, 648, 530 A.2d 1237 (1987) (stating that invocation of Rule 2-602(b) is for the “exceptional case,” and that “[t]he exercise of discretion ... should not be routinely exercised”); Canterbury, 66 Md.App. at 649, 505 A.2d 858 (<HOLDING>). See also Allstate Ins. Co. v. Angeletti, 71 Options: A. holding that same likelihood of confusion test applied in the context of trademarks also applies to certification marks B. recognizing confusion caused by prima facie language C. recognizing that the supreme court has referred to the policy of avoiding piecemeal litigation as by far the most important colorado river factor D. holding that treaties involving indian tribes are to be construed so far as possible in the sense in which the indians understood them E. recognizing that a strong policy consideration against certification has always been to prevent piecemeal appeals as far as possible and to avoid thereby the confusion delay and expense which would be caused by having two or more appeals in the same suit

assistant: The best answer is E. recognizing that a strong policy consideration against certification has always been to prevent piecemeal appeals as far as possible and to avoid thereby the confusion delay and expense which would be caused by having two or more appeals in the same suit
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: we reserve the right to enforce , or not enforce , these community guidelines in our sole discretion , and they do n't create a duty or contractual obligation for us to act in any particular manner .

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: telephone, or otherwise. Even while he was homeless, Lane was a short distance from the probation office and could have traveled there at minimal cost or by walking. In fact, he managed to travel quite a distance away from his mother’s residence on the day of his arrest. See Hernandez v. State, 723 So.2d 886, 887 (Fla. 4th DCA 1998) (stating that the state met its burden of proof-the greater weight of the evidence-in finding that the defendant’s failure to report to his probation was a willful and substantial violation of probation). The trial court’s sentencing order, however, was erroneous in that it failed to award Lane credit for time served on the split sentence pursuant to the judge’s order at the sentencing hearing. See Amador v. State, 713 So.2d 1121, 1122 (Fla. 3d DCA 1998)(<HOLDING>). We thus affirm the violation of probation, Options: A. holding a sentencing court is not required to grant probation B. holding that the trial court is required to enter sentencing order for probation violation that reflects the trial courts oral pronouncement that gives the defendant prison credit for time served on a split sentence prior to sentencing C. holding that disposition order be remanded to the trial court for revision to conform to the trial courts oral pronouncement D. holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls E. holding that the trial courts oral pronouncement must conform to the written judgment

assistant: The best answer is B. holding that the trial court is required to enter sentencing order for probation violation that reflects the trial courts oral pronouncement that gives the defendant prison credit for time served on a split sentence prior to sentencing
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: their time, talents, and assets to achieve the greatest overall good. Keehn, 834 P.2d at 116. This language captures a recognition that the proper planning and implementation of a viable system of law enforcement for any governmental entity must involve the exercise of discretionary powers at several levels, including those exercised by judges, prosecutors, arresting officers, and other officials in the justice system. Everton, 468 So.2d 936. It is indeed appropriate to strike a balance between detrimental interference with the provision of this essential public service and the natural desire to compensate victims of officials’ wrongdoing. Cynthia Zellner MacKinnon, Note, Negligence of Municipal Employees: Redefining the Scope of Police Liability, 35 U.Fla.L.Rev. 720 (Fall 1983) (<HOLDING>). The officer may not perform those Options: A. holding qualified immunity unavailable because there was no government interest to balance B. holding that qualified immunity extends to government officials performing discretionary functions C. recognizing that supreme court has not clearly explained role of discretionary functions in qualified immunity analysis D. recognizing the qualified immunity from liability extended to a police officer in performing discretionary functions achieves this balance E. holding that qualified immunity is not merely immunity from damages but also immunity from suit

assistant: The best answer is D. recognizing the qualified immunity from liability extended to a police officer in performing discretionary functions achieves this balance
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 under this Agreement shall be in writing and shall be deemed given when delivered personally (including by confirmed legible telecopier transmission) or mailed by certified mail, return receipt requested, or by overnight mail properly receipted to the parties at the addresses set forth earlier in this Agreement or to such address as a party may have specified by notice given to the other party pursuant to this provision.

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: All notices to the Issuer under this Note shall be in writing and addressed to the Issuer at 722 Columbia Avenue, Franklin, Tennessee 37064, Attention: Richard E. Herrington, or to such other address as the Issuer may notify to the Holder (the “ Payment Office ”). All notices to the Holders shall be in writing and sent by first-class mail to each Holder at his or its address as set forth in the Security Register. Any such notice shall be effective upon receipt if received during normal business hours or, if not received during normal business hours, on the next Business Day.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Termination or expiration of this Agreement shall not affect rights or obligations of the Parties under this Agreement that have accrued prior to the date of termination or expiration. Notwithstanding anything to the contrary contained in this Agreement, the provisions of those Sections which by their nature are meant to survive termination will survive any expiration or termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of stock — that occurred at the time of the purchase or sale of stock would be deemed to arise from that purchase or sale. Put differently, in claimants’ submission, a claim must be predicated on illegality in the stock’s issuance to be subordinated under § 510(b). Since the actionable conduct in this case (Telegroup’s breach of contract) occurred after claimants’ purchase of Telegroup’s stock, claimants contend that the District Court erred in subordinating their claims. Telegroup would read § 510(b) more broadly, so that claims for breach of a stock purchase agreement, which would not have arisen but for the purchase of Telegroup’s stock, may arise from that purchase, even though the actionable conduct occurred after the transaction was completed. Telegroup further argu .E.D.Mo.1990) (<HOLDING>). Telegroup contends that appellants’ claims Options: A. holding that claims for erisa violations arose from the purchase or sale of debtors securities B. holding that a claim for breach of a provision in a merger agreement arises from the purchase or sale of the debtors securities C. holding that claims that debtor fraudulently induced claimants to retain debtors securities arise from the purchase or sale of those securities D. holding that claims for breach of the debtors agreement to use its best efforts to register its securities arise from the purchase of those securities for purposes of 510b E. holding that plaims for breach of a merger agreement arise from the purchase or sale of debtors securities

assistant: The best answer is A. holding that claims for erisa violations arose from the purchase or sale of debtors securities
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 Due Process Clause of the Fourteenth Amendment to the United States Constitution. E.g., Tedder, 677 So.2d at 1263.” (Emphasis added.) See also Hill v. State, 594 So.2d 246 (Ala.Crim.App.1992). In Henley v. State of Alabama Board of Pardons and Paroles, 849 So.2d 255, 260 (Ala.Crim.App.2002), we noted: “This rationale is also found in § 41-22-3(3), which provides that the Board is not subject to provisions relating to due process at an administrative hearing when it ‘considers the granting or denial of pardons, paroles or restoration of civil and political rights or remission of fines and forfeitures.’ ” Thus, the opportunity to be released on parole is a privilege, or a matter of grace, rather than a right in Alabama. Compare Coslett v. State, 697 So.2d 61, 64 (Ala.Crim.App.1997) (<HOLDING>). Alabama courts have previously held that Options: A. holding that production of documents without a claim of privilege waives the right to later claim that privilege B. holding lack of prejudice to the defendant is not good cause C. holding that the relevant time is the time of the employment decision D. recognizing privilege E. holding that the opportunity to earn good time is a privilege not a right in alabama

assistant: The best answer is E. holding that the opportunity to earn good time is a privilege not a right in alabama