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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: plaintiff agreed to a fixed weekly salary covering unlimited hours, making it unnecessary to apply the FWW method. As the district court not ed in reaching that conclusion as to Banford and McGratty, Banford testified that he expected to receive compensation in some form if he worked more than a certain number of hours in a given week, while McGratty testified that he had no understanding of Entergy’s overtime policy but thought that his pay could be docked for working less than a fixed number of hours. See Banford v. Entergy Nuclear Operations, Inc., 74 F.Supp.3d 658, 664-65 (D.Vt.2015). This was sufficient for a reasonable jury to conclude that there was not an agreement to work unlimited hours for the same fixed salary. See Olsen v. Stark Homes, Inc., 759 F.3d 140, 155 (2d Cir.2014) (<HOLDING>). Indeed, a reasonable jury could infer from Options: A. holding that courts are obligated to draw all reasonable inferences in plaintiffs favor B. holding courts are obligated to draw all reasonable inferences in plaintiffs favor C. holding that for purposes of a class certification motion the court must accept as true all factual allegations in the complaint and may draw reasonable inferences therefrom D. holding court obligated to draw all reasonable inferences in plaintiffs favor E. holding in affirming denial of judgment as matter of law for defendants that jury was entitled to credit plaintiffs testimony over defendants and to draw reasonable inferences therefrom

assistant: The best answer is E. holding in affirming denial of judgment as matter of law for defendants that jury was entitled to credit plaintiffs testimony over defendants and to draw reasonable inferences therefrom
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 terminated in the absolute discretion of the Representatives, by notice to the Company, if after the execution and delivery of this Agreement and on or prior to the Closing Date or, in the case of the Option Securities, prior to the Additional Closing Date, (i) trading generally shall have been suspended or materially limited on or by any of the Exchange or The Nasdaq Global Market; (ii) trading of any securities issued or guaranteed by the Company shall have been suspended on any exchange or in any over-the-counter market; (iii) a general moratorium on commercial banking activities shall have been declared by federal or New York State authorities; or (iv) there shall have occurred any outbreak or escalation of hostilities or any change in financial markets or any calamity or crisis, either within or outside the United States, that, in the judgment of the Representatives, is material and adverse and makes it impracticable or inadvisable to proceed with the offering, sale or delivery of the Securities on the Closing Date or the Additional Closing Date, as the case may be, on the terms and in the manner contemplated by this Agreement, the Time of Sale Information and the Offering Memorandum.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, and all such counterparts, taken together, will constitute valid signatures for this Agreement. Facsimile or electronically scanned signature pages will have the same binding force and effect as original signatures, although, following delivery of this Agreement via facsimile or electronic transmittal, the Client agrees to promptly transmit to FTC the executed original of this Agreement and to retain a copy for his/her own records.

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: (a) Each party hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of any New York State court or Federal court of the United States of America, in each case, sitting in the Borough of Manhattan in New York City, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding shall be heard and determined in such New York State court or, to the fullest extent permitted by law, in such Federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall affect any right that the Administrative Agent, any Lender or any Issuer may otherwise have to bring any action or proceeding relating to this Agreement against any Loan Party or any of its properties in the courts of any jurisdiction.

assistant: Jurisdictions
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: No. 582000378, Rep. Athos Gusmao Carneiro, 02.08.1983, 04.06.1983 (finding breach by contractor where the court found that compliance with the contract was "really not feasible from the economic standpoint”); see also Jorge Cesa Ferreira da Silva, A Boa Fe e a Violaq&o Positiva do Contrato [Good Faith and Positive Breach of Contract ] 256 & n. 411 (2002) ("Apart from [a] repudiation ..., the [promisor’s] conclusive conduct may be deemed to be a default as well.” (emphasis added)). 20 . Whether the direct and advance payments unfairly prejudiced the Sureties by accelerating, without their consent, the payment schedules in the Contracts is an entirely different issue, which we discuss below. 21 . See L & A Contracting Co. v. S. Concrete Serv’s., Inc., 17 F.3d 106, 110-11 (5th Cir.1994) (<HOLDING>); Balfour Beatty Constr., Inc. v. Colonial Options: A. holding that a suretys assistance in a defendants untimely return to custody does not mandate forgiveness of the penalty on a forfeited bail bond B. holding that trial court must make entry of default prior to entry of default judgment and court may not make entry of default when there is no default in law or in fact C. recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest D. holding that a precondition to chevron deference is congressional delegation of administrative authority E. holding that a clear declaration of default is a precondition to a suretys liability under a performance bond

assistant: The best answer is E. holding that a clear declaration of default is a precondition to a suretys liability under a performance bond
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 Employee Nondisclosure and Proprietary Rights Assignment Agreement which is incorporated herein, those documents expressly referred to herein, and those documents by which Employee is entitled to compensation, benefits or remuneration under this Agreement, contain the entire agreement of the parties with respect to the subject matter hereof, and no representations, inducements, promises or agreements, oral or written, between the parties, not embodied herein shall have any force or effect.

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 may not be amended except by an instrument in writing signed by the Buyer and the Seller. By an instrument in writing, the Buyer, on the one hand, or the Seller, on the other hand, may waive compliance by the other with any term or provision of this Agreement that such other party was or is obligated to comply with or perform.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Borrower will request any Borrowing, or use, or permit its Subsidiaries and its or their respective directors, officers, employees and agents to use, the proceeds of any Borrowing (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, except to the extent permissible for a Person in compliance with Sanctions, or (iii) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

assistant: Use Of Proceeds
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 is a Massac husetts contract and shall be construed under and be governed in all respects by the laws of the Commonwealth of Massachusetts , without giving effect to the conflict of laws principles of such Commonwealth . With respect to any disputes concerning federal law, such disputes shall be determined in accordance with the law as it would be interpreted and applied by the United States Court of Appeals for the First Circuit.

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: that "New York does not recognize [a] cause of action for 'compelled self publication,' ” the decision in Wieder rests on the holding of Weintraub v. Phillips, Nizer, Benjamin, Krim & Ballon, 172 A.D.2d 254, 255, 568 N.Y.S.2d 84 (1st Dept.1991). As I noted in Van-Go I, the facts of the Weintraub case "did not demonstrate compelled self publication, [] nor was the issue of compelled self publication actually considered.” Van-Go I, 971 F.Supp. at 102-03. Accordingly, the district court's opinion in Kenney would not affect this court's analysis of whether the New York Court of Appeals would recognize a cause of action for compelled self publication. 13 . Kulak v. City of New York, 88 F.3d 63 (2d Cir.1996) concerns an alleged "federal right” that was without any precedent. Id. at 76 Options: A. recognizing attorneys substantial experience in the practice of law as an aggravating factor B. holding that under the supremacy clause a state court could not enforce a prohibition on the unauthorized practice of law against an individual who was permitted to practice law under the rules of a federal court located in the states jurisdiction C. holding that no clear line of federal law establishes that it is a substantial departure from accepted practice for a physician to fail to inform a patient of the risks of psychotropic medications D. holding out admission to practice law when not admitted to practice E. holding a state has a substantial interest in regulating the practice of law within the state

assistant: The best answer is C. holding that no clear line of federal law establishes that it is a substantial departure from accepted practice for a physician to fail to inform a patient of the risks of psychotropic medications
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 a Change in Control prior to the vesting of all of the RSUs hereunder, all of the unvested RSUs shall vest immediately and shall no longer be subject to cancellation pursuant to Section 6 or the transfer restrictions set forth in Section 8 hereof. Notwithstanding any relevant provision in the written employment agreement between the Participant and the Company that provides for vesting of all equity awards in such a situation, t he exact number of Performance-Based RSUs that will vest and subsequently be delivered upon settlement will be calculated assuming maximum performance was achieved (i.e . , 200% of the Target Performance Award) .

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 legal provision and list the applicable contract clause categories. Provision: The Lender shall have received evidence of insurance coverage in form, scope, and substance reasonably satisfactory to the Lender and otherwise in compliance with the terms of Section 5.10 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Sections 6 through 10 , 12 , 13 , and 15 shall survive the termination of Executive’s employment and the termination of this Agreement for any reason. Upon termination of Executive, all amounts owing to Executive hereunder shall be paid to Executive within one week of termination of this Agreement or Executive’s employment hereunder, whichever is earlier.

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 representations and warranties made in this Agreement by Seller and Company shall be continuing and shall be deemed remade as of the Closing Date, with the same force and effect as if made on, and as of, such date, subject to such Seller's right to update such representations and warranties by written notice to Purchaser prior to the Closing Date. All representations and warranties made in this Agreement by Seller and Company shall survive the Closing for a period of one (1) year. Purchaser must notify Seller and Company of any alleged breach of any representation on or before the day preceding the first anniversary of the Closing Date, and no action or proceeding may be commenced against Seller for any breach of any representation or warranty after the day preceding the first anniversary of the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its holding in Engle III that “individualized issues such as legal causation” would be litigated, rather than presumed, in progeny trials. Engle III, 945 So.2d at 1268. Next, the Florida Supreme Court examined whether the defendants were given an opportunity to be heard. The Court answered that question with a resounding “yes”—with respect to conduct: As illustrated by hundreds of witnesses, thousands of documents and exhibits, and tens of thousands of pages of testimony, the Engle defendants had notice and the opportunity to defend against all theories of liability for each of the class’s claims in the year-long Phase I trial. And, as we held in Engle, the Phase I jury’s verdict fully settled all arguments regarding the Engle defendants’ conduct. See Waggoner, 835 F.Supp.2d at 1273-74 (<HOLDING>). Douglas III, 110 So.3d at 431. The Court also Options: A. holding that the trial court must examine the entire course of criminal conduct in determining possession B. holding that putative class representatives had standing to represent the class even when they owned stock for only part of lengthy class period because they alleged a common course of conduct to defraud over that entire period including the period during which they owned stock C. recognizing the phase i trial was conducted for the explicit purpose of determining issues related to the engle defendants conduct which were common to the entire class meaning they had every reason to litigate each potential theory of liability to the fullest extent possible D. recognizing that in determining numerosity courts must consider the geographical dispersion of the class the ease with which class members may be identified the nature of the action and the size of each plaintiffs claim E. holding that because the defendant has the right to litigate the issue of each class members consent the trial court did not improperly exercise its discretion in finding that these issues would predominate over common questions

assistant: The best answer is C. recognizing the phase i trial was conducted for the explicit purpose of determining issues related to the engle defendants conduct which were common to the entire class meaning they had every reason to litigate each potential theory of liability to the fullest extent possible
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: F.2d 1142, 1153-54 (5th Cir.1987) (observing that the “general bankruptcy policy of ensuring that all similarly-situated creditors are treated fairly” requires that the trustee have the first opportunity to pursue estate actions without interference from individual creditors); see also In re E.F. Hutton Southwest Properties II, Ltd., 103 B.R. 808, 812 (Bankr.N.D.Tex.1989) (“If an action belongs to the estate, the trustee has the power and duty to prosecute the action for the benefit of all creditors and shareholders in the estate.”). If, on the other hand, a cause of action belongs solely to the estate’s creditors, then the trustee has no standing to bring the cause of action. See Caplin v. Marine Midland Grace Trust Co., 406 U.S. 416, 433-34, 92 S.Ct. 1678, 1688, 32 L.Ed.2d 195 (1972) (<HOLDING>); In re Rare Coin Galleries of America, Inc., Options: A. holding that a trustee lacked standing to sue a third party for damages incurred by debenture holders of the corporate debtor B. holding that employers have standing to sue C. holding noncustodial father did not have standing to sue on his daughters behalf D. holding that a trustee does not have standing to sue a thirdparty on behalf of debenture holders E. holding that a trustee in a proceeding under chapter x of the bankruptcy act did not have standing to assert on behalf of the holders of debentures issued by the bankrupt in reorganization various negligence claims against an indenture trustee

assistant: The best answer is D. holding that a trustee does not have standing to sue a thirdparty on behalf of debenture holders
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: that is, act in a public role. See Garrity, 386 N.Y.S.2d 831, 353 N.E.2d at 795. The dissenting view, on the other hand, focused on the growing role and broadening scope of arbitration to resolve disputes. Id. 386 N.Y.S.2d 831, 353 N.E.2d at 798-801. {18} Since Garrity, many other jurisdictions have allowed punitive damages to be awarded in arbitration. Some jurisdictions permit arbitrators to award punitive damages only when they are expressly authorized by the contract. See Edward Elec. Co. v. Automation, Inc., 229 Ill.App.3d 89, 171 Ill.Dec. 13, 593 N.E.2d 833, 843 (1992) (determining arbitrators could award punitive damages, so long as there was an express provision in the agreement authorizing such relief). Complete Interiors, Inc. v. Behan, 558 So.2d 48 (Fla.Ct.App.1990) (<HOLDING>). {19} The federal courts, applying the Federal Options: A. holding that punitive damages may be awarded for egregious violations of the lmrda B. holding a court may not award punitive damages C. holding punitive damages claims must be stricken absent a reasonable evidentiary basis for their award D. holding arbitrators exceeded their power when they awarded punitive damages absent an express provision authorizing them E. holding what section 76872 requires is that a plaintiff who has pleaded punitive damages must offer a reasonable evidentiary basis for punitive damages and obtain an order authorizing the maintenance of the punitive damage claim as a predicate to conducting discovery of a defendants financial worth

assistant: The best answer is D. holding arbitrators exceeded their power when they awarded punitive damages absent an express provision authorizing them
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except if the failure to do so could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect, the Company will, and will cause each of its Subsidiaries to, (a) keep and maintain all property in good working order and condition, ordinary wear and tear excepted, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations.

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 case excerpt and choose the best holding from the options. Case excerpt: to comply with the trial court’s injunc-tive orders. The parties are unable to provide this Court with any precedent directly addressing this issue; indeed, this Court has found no caselaw addressing whether § 14 prevents the trial court from assessing contempt sanctions against the State. “‘It is clear that the particular sanctions in this case “directly affect the financial status of the state treasury.” Lyons, 858 So.2d at 261. While the counties claim that the sanctions punish the commissioner for his contempt and seek to compel compliance with the court’s orders, the effect of the trial court’s order is to impact the treasury and divest it of funds. Section Ik, however, forbids such an assault on the state treasury. See Lyons, 858 So.2d at 261; see also Patterson, 835 So.2d at 142 (<HOLDING>); and Southall v. Stricos Corp., 275 Ala. 156, Options: A. holding that such claims however cannot be brought directly against the state or a state agency but only against state officials in their official capacities B. holding that 14 prevents the state from being sued and a suit against the state cannot be indirectly accomplished by suing its officers or agents in their official capacity when a result favorable to plaintiff would be directly to affect the financial status of the state treasury quoting state docks commn v barnes 225 ala 403 405 143 so 581 582 1932 C. holding that 14 prevents an action against the state when a result favorable to the plaintiff would directly affect a contract or property right of the state D. holding that a declaratoryjudgment action against the state that would affect property in which the state had an interest was barred by 14 E. holding that a suit against a state official in his or her official capacity is a suit against the state itself and not cognizable under 1983

assistant: The best answer is B. holding that 14 prevents the state from being sued and a suit against the state cannot be indirectly accomplished by suing its officers or agents in their official capacity when a result favorable to plaintiff would be directly to affect the financial status of the state treasury quoting state docks commn v barnes 225 ala 403 405 143 so 581 582 1932
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: most like a prison, Judge Gleeson applied the Covino/Tumer standard. See id. This was correct. The Plaintiff was confined for an extended period of time in a prison-like environment, and it appears that he was charged with felonies, see 18 U.S.C. §§ 371, 1028. In the environment where the Plaintiff was held, the lesser reasonable suspicion standard would jeopardize prison officials’ ability to maintain security. As Judge Gleeson recognized, even if the precise standard governing intrusive searches of the Plaintiff at the MDC might not have been clearly established in 2001, it was clearly established that even the standard most favorable to prison officials required that strip and body-cavity searches be rationally related to legitimate government purposes. Cf. Hodges, 712 F.2d at 35 (<HOLDING>). The complaint alleges that the Plaintiff was Options: A. holding that a plaintiff stated a fourth amendment claim where consecutive bodycavity searches were unnecessary B. holding that policy requiring strip searches of prisoners prior to transfer did not violate fourth amendment C. holding that bodycavity searches of prisoners are not unreasonable D. holding that fourth amendment applicable in administrative searches for safety inspections E. holding that consensual suspicionless searches of government employees personal belongings in the workplace were searches even though refusal to consent carried no criminal penalty and the searches were not for law enforcement purposes

assistant: The best answer is A. holding that a plaintiff stated a fourth amendment claim where consecutive bodycavity searches were unnecessary
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 letter agreement shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed within the State of New York. The parties hereto each hereby waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this letter agreement.

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 legal provision and list the applicable contract clause categories. Provision: No waiver of any breach of this Agreement extended by any party shall be construed as a waiver of any rights or remedies with respect to any subsequent breach. It is agreed that no delay or omission to exercise any right, power, or remedy accruing to a party under this Agreement, upon any breach, default, or noncompliance by the other party, shall impair any such right, power, or remedy, nor shall it be construed to be a waiver of any such breach, default, or noncompliance, or any acquiescence therein, or of or in any similar breach, default, or noncompliance thereafter occurring. It is further agreed that any waiver, permit, consent, or approval of any kind or character on any party’s part of any breach, default, or noncompliance under this Agreement or any waiver on such party’s part of any provisions or conditions of the Agreement must be in a writing executed by the parties and shall be effective only to the extent specifically set forth in such writing. All remedies, either under this Agreement or by law or otherwise afforded to any party, shall be cumulative and not alternative.

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: If the Plan Sponsor has elected to permit distributions upon a Change in Control, the following provisions shall apply. A distribution made upon a Change in Control will be made at the time specified in Section 6.01(a) of the Adoption Agreement in the form elected by the Participant in accordance with the procedures described in Article 4.

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 legal provision and list the applicable contract clause categories. Provision: Sellers jointly and severally represent and warrant to Buyer that the statements set forth in this Section 3 are correct and complete at and as of the Effective Date and will be correct and complete at and as of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Assignor agrees that it will execute, or join with the Assignee in executing, and, at such Assignor’s own expense, file and refile under the UCC or other applicable law such financing statements, continuation statements and other documents in such offices as the Assignee may deem reasonably necessary and wherever required by law in order to perfect and preserve the Assignee’s security interest in the Collateral and hereby authorizes the Assignee to file financing statements (including, without limitation, “all assets” financing statements) and amendments thereto relative to all or any part of the Collateral without the signature of such Assignor where permitted by law, and agrees to do such further acts and things and to execute and deliver to the Assignee such additional conveyances, assignments, agreements and instruments as the Assignee may reasonably require or deem necessary to carry into effect the purposes of this Agreement or to further assure and confirm unto the Assignee its rights, powers and remedies hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term (“Term”) of this Agreement shall commence on the date set forth above and shall terminate upon the earlier to occur of: (a) written consent of all parties to this Agreement, or (b) 30 days after the termination of the consulting contract with Yes If, or (c) the departure of Shai Lustgarten as the CEO of Quest Solution, Inc. Upon the sale of shares, the respective interest in this agreement will expire.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by making a reservation with a supplier , you accept and agree to the relevant cancellation and no-show policy of that supplier , and to any additional ( delivery ) terms and conditions of the supplier that may apply to your visit or stay ( including the fine print of the supplier made available on our platform and the relevant house rules of the supplier ) , including for services rendered and/or products offered by the accommodation provider ( the delivery terms and conditions of an accommodation provider can be obtained with the relevant accommodation provider ) .

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: Sheehan agrees to refrain from any disparaging statements, including but not limited to statements that amount to libel or slander, about the Company, its direct and indirect parents, subsidiaries or affiliated companies, and/or any of its or their current or former employees, officers, or directors, and/or any of the other Releasees including, without limitation, the business, products, intellectual property, financial standing, future, or other employment, compensation, benefit, or personnel practices of the Company and/or any of the Releasees. Sheehan further agrees to refrain from any disparaging statements, including but not limited to libel or slander, about any of the Releasees that pertain to any personal or confidential matters that may cause embarrassment to any of the Releasees or may result in any adverse effect on the professional or personal reputation of any of the Releasees. The foregoing restrictions shall not apply to any testimony that Sheehan is compelled by law to give (whether written or verbal).

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 case excerpt and choose the best holding from the options. Case excerpt: of the right to whale and seal, we had no need in Makah to separate out fishing from whaling and sealing or to address the significance of different types of evidence. It should be obvious that Makah is neither controlling nor informative because the question whether the Treaty of Olympia’s “right of taking fish” includes whales and seals was not “decided explicitly or by necessary implication.” United States v. Lummi Indian Tribe, 235 F.3d 443, 452 (9th Cir. 2000). Just as obviously, we cannot' simply transport analysis of the Treaty of Neah Bay-to the Treaty of Olympia because the member tribes’ intent is important to, if not dispositive of, the meaning of- particular provisions. See Choctaw Nation of Indians v. United States, 318 U.S. 423, 432, 63 S.Ct. 672, 87 L.Ed. 877 (1943) (<HOLDING>). In Makah we described ..the question Options: A. holding that an insurance contract should be construed as a reasonable person in the position of the insured would have understood it and that if the language used in the policy is reasonably susceptible to different constructions it must be given the construction most favorable to the insured B. holding that statement that merger would give shareholders high value for their shares could be deemed material and noting that such conclusory terms in a commercial context are reasonably understood to rest on a factual basis that justifies them as accurate the absence of which renders them misleading C. holding that a statute should not be construed so as to invalidate other parts of the same statute D. holding that a statute must be construed if fairly possible so as to avoid not only the conclusion that it is unconstitutional but also grave doubts upon that score citations omitted E. holding that treaties involving indian tribes are to be construed so far as possible in the sense in which the indians understood them

assistant: The best answer is E. holding that treaties involving indian tribes are to be construed so far as possible in the sense in which the indians understood them
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement for any reason should be found by any court of competent jurisdiction to be invalid, illegal or unenforceable, in whole or in part, such declaration shall not affect the validity, legality or enforceability of any remaining provision or portion hereof, which remaining provision or portion hereof shall remain in full force and effect as if this Agreement had been adopted with the invalid, illegal or unenforceable provision or portion hereof eliminated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each payment and prepayment of the principal of the Revolving Loans, and each payment of interest on the Revolving Loans received from the Borrower, shall be made by the Administrative Agent to the Lenders pro rata on the basis of their respective unpaid principal amounts outstanding under the Revolving Loans immediately prior to such payment or prepayment (except in cases when a Lender’s right to receive payments is restricted pursuant to Section 2.17 ).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: d ) copy , distribute , communicate to the public , sell , rent , lend or otherwise use the skyscanner services and/or skyscanner platforms , or seek to violate or circumvent any security measures employed to prevent or limit your access to or use of the skyscanner services and/or skyscanner platforms ;

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: reasons did not actually motivate [her] discharge, or (3) that they were insufficient to motivate discharge.” Russell, 537 F.3d at 604 (quoting Manzer v. Diamond Shamrock Chems. Co., 29 F.3d 1078, 1084 (6th Cir.1994)). Although the presumption of discrimination drops out of the picture once the defendant meets its burden of production, the trier of fact may still consider the evidence establishing the plaintiffs prima facie case and inferences properly drawn therefrom on the issue of whether the defendant’s explanation is pretextual. Reeves, 530 U.S. at 143, 120 S.Ct. 2097. Plaintiff has raised a number of arguments in support of her contentio .2006) (noting that temporal proximity cannot alone prove pretext); Skrjanc v. Great Lakes Power Serv. Co., 272 F.3d 309, 317 (6th Cir.2001) (<HOLDING>); Bell v. Prefix, Inc. 321 Fed.Appx. 423, 431 Options: A. holding that temporal proximity is insufficient in and of itself to establish that the employers nondiscriminatory reason for discharging an employee was in fact pretextual B. 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 C. holding that close temporal proximity is sufficient to establish a prima facie case of retaliation D. holding that a three and onehalf month temporal proximity is insufficient to create a jury issue on causation E. recognizing that an employers decision to eliminate a position is a legitimate nondiscriminatory reason for terminating a position or employee

assistant: The best answer is A. holding that temporal proximity is insufficient in and of itself to establish that the employers nondiscriminatory reason for discharging an employee was in fact pretextual
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: knows or should know of the potential claim. Lumsden v. Design Tech Builders, Inc., 358 Md. 435, 443-44, 749 A.2d 796, 801 (2000). The discovery rule acts to balance principles of fairness and judicial economy in those situations in which a diligent plaintiff may be unaware of an injury or harm during the statutory period. Pennwalt Corp. v. Nasios, 314 Md. 433, 440-41, 550 A.2d 1155, 1159 (1988). This stan dard, however, does not require actual knowledge on the part of the plaintiff, but may be satisfied if the plaintiff is on “inquiry notice.” Am. Gen. Assurance Co. v. Pappano, 374 Md. 339, 351, 822 A.2d 1212, 1219 (2003); Doe v. Archdiocese of Washington, 114 Md.App. 169, 188-89, 689 A.2d 634, 644 (1997). A plaintiff is put oh inquiry notice when he, she, o .Rptr. 124, 126 (1974) (<HOLDING>). The discovery rule is premised on the Options: A. holding that a cause of action for breach of contract accrues at the time of the breach B. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract C. holding that tort actions based on inducement of breach of contract begin to accrue no later than the date of the breach that has been tortiously induced D. holding that court of claims has jurisdiction over actions for breach of standard contract E. holding that there must be a tort distinguishable from or independent of the breach of contract in order for a party to bring a valid claim in tort based on a breach in a contractual relationship

assistant: The best answer is C. holding that tort actions based on inducement of breach of contract begin to accrue no later than the date of the breach that has been tortiously induced
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: sales price” are entirely superfluous relative to the rest of the regulation, because the rest of the regulation already provides generally that vendors are entitled to a reduction for tax reimbursement. Under the court’s view, therefore, the pertinent language in § 408.2 is doubly pointless. In comparable circumstances, other courts have interpreted the word “if’ to be mandatory rather than permissive. See, e.g., United States v. Leichtnam, 948 F.2d 370, 373 (7th Cir.1991) (under statute permitting officers to enter house to execute search warrant if officers are refused admittance after announcing authority and purpose, “the word £if in the statute means ‘only if ”); Perkinelmer, Inc. v. Interna Ltd., Civ. Act. Nos. 09cv10176-NG, etc., 2010 WL 2682423, *11-12 (D.Mass. July 2, 2010) (<HOLDING>), aff'd in part and rev’d in part, 496 Options: A. holding that when two patents issued from continuationinpart appliea tions derived from one original application the prosecution history of a claim limitation in the first patent to issue was properly applied to the same claim limitation in the second patent to issue B. holding the issue of standing is waived if not asserted at the district court level C. holding that in context of patent claim at issue if means only if D. holding patent policy incorporated by reference into patent agreement E. holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent

assistant: The best answer is C. holding that in context of patent claim at issue if means only if
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, in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provisions of this Agreement and without affecting the validity or enforceability of such provision in any other jurisdiction or without affecting its application to other Party or circumstances.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to any Subsidiary Grantor shall be given to it in care of the Parent Borrower as provided in Section 9.01 of the Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, consents, approvals, elections and other communications (collectively “ Notices ”) under this Agreement shall be in writing and shall be deemed to have been duly given if mailed by United States registered or certified mail, with return receipt requested, postage prepaid, or by United States Express Mail or reputable overnight courier service to the parties at the addresses set forth in the Defined Terms, or in the case of Counterparty, at the address set forth below its signature (or at such other addresses as shall be given in writing by any party to the others pursuant to this Section) and shall be deemed complete upon receipt or refusal to accept delivery as indicated in the return receipt or in the receipt of such Express Mail or courier service.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: property of a victim of the offense— (A) return the property to the owner of the property or someone designated by the owner; or (B) if return of the property under subparagraph (A) is impossible, impractical, or inadequate, pay an amount equal to the greater of— (i) the value of the property on the date of the damage, loss, or destruction, or (ii) the value of the property on the date of sentencing, less the value (as of the date the property is returned) of any part of the property that is returned[.]” 18 U.S.C. § 3663(b). An order of restitution under the VWPA must conform to the specific type and amount of award that is authorized by the plain language of the statute. United States v. Sharp, 927 F.2d 170, 174 (4th Cir.), cert. denied, — U.S. -, 112 S.Ct. 139, 116 L.Ed.2d 106 (1991) (<HOLDING>). The plain language of the statute is to be Options: A. holding that the trial court lacked authority under ors 137103 to impose restitution to pay the victims relatives for lost wages B. holding that equitable restitution is available but that legal restitution is not C. holding that restitution for lost income is not authorized for offenses resulting in damage to loss of or destruction of property the fact that the goals of the vwpa may be thwarted by denying lost income restitution does not authorize us to ignore the plain language of the statute D. holding that downward departure based on defendants restitution was improper because restitution is taken into consideration in assessing whether acceptance of responsibility adjustment should apply and district court abused its discretion in finding defendants restitution was extraordinary E. holding that restitution for lost income in property cases was improper under the plain language of the statute because restitution for lost income is authorized only for victims of bodily injury

assistant: The best answer is E. holding that restitution for lost income in property cases was improper under the plain language of the statute because restitution for lost income is authorized only for victims of bodily injury