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: imposed different burdens when suit is original versus modification). Thus, when there is any subsequent custody proceeding after an original determination of conservatorship, as here, the proceeding is a modification and the parental presumption does not apply, regardless of the parties involved. In re P.D.M., 117 S.W.3d at 457-58 (citing V.L.K, 24 S.W.3d at 342-43). Although B.H.M. styled his pleadings as an original petition, and we have determined he has standing to file an original petition pursuant to section 102.003(a)(9), which governs standing in original suits, this does not determine the nature of the suit. See, e.g., In re C.A.M.M., 243 S.W.3d at 217 (describing action to modify custody order after managing conservator’s death as suit to modify); P.D.M., 117 S.W.3d at 456 (<HOLDING>); see also State Bar of Tex. v. Heard, 603 Options: A. holding that chapter 153s statutory presumption that a childs best interest is served by awarding custody to the parent in original custody proceedings does not apply in chapter 156 modification proceedings in the absence of a similar provision in chapter 156 B. holding court cannot change custody without showing that change is in best interests of child C. holding provisions of chapter 156 of texas family code governing modifications clearly apply to suits that attempt to effect change in custody after entry of initial custody order D. holding fact that the parties failed to communicate and had continuing hostility does not constitute a material change in custody to warrant modification of custody E. holding that temporary order amounted to order modifying custody of children because language changed custody for an indefinite period

assistant: The best answer is C. holding provisions of chapter 156 of texas family code governing modifications clearly apply to suits that attempt to effect change in custody after entry of initial custody order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to the terms defined elsewhere in this Note, the following terms shall have the following meanings when used in this Note. All capitalized terms used in this Note and not otherwise defined shall have the meanings ascribed thereto in the Security Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Purchaser: (i) is a corporation duly organized, validly existing and in good standing under the Laws of its jurisdiction of incorporation; (ii) has all requisite corporate power and authority to own its properties, carry on its business as now being conducted and as contemplated by this Agreement; and (iii) is duly qualified or licensed to do business and is in good standing or has active status in each jurisdiction in which the nature of its business or the ownership, leasing or operation of its properties makes such qualification or licensing necessary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision hereof prohibited by law shall be ineffective only to the extent of such prohibition without invalidating the remaining provisions hereof. This Agreement and all amendments, riders and exhibits thereon (if any) embody the entire agreement between Merchant, Guarantor and Purchaser and supersede all prior agreements and understandings relating 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 (including the exhibits and schedules hereto and thereto) contain all of the terms, conditions and representations and warranties agreed to by the parties relating to the subject matter of this Agreement and supersede all prior or contemporaneous agreements, negotiations, correspondence, undertakings, understandings, representations and warranties, both written and oral, among the parties to this Agreement with respect to the subject matter of this Agreement. No representation, warranty, inducement, promise, understanding or condition not set forth in this Agreement has been made or relied upon by any of the parties to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Guaranty Agreement may be executed in any number of counterparts each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Guaranty Agreement to produce or account for more than one such counterpart executed by the Guarantors against whom enforcement is sought. Without limiting the foregoing provisions of this Section 20 , the provisions of Section 10.10 of the Credit Agreement shall be applicable to this Guaranty Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: 642, 569 P2d 596 (1977), the Supreme Court construed ORS 307.140 and held that, to qualify for an exemption under that statute, “the primary use of the property must advance charitable purposes or goals of the religious organization.” Charitable purposes include the advancement of religion and any other “generally recognized charitable function.” Id.; see also House of Good Shepherd v. Dept. of Rev., 300 Or 340, 345-47, 710 P2d 778 (1985) (discussing how the advancement of religion is a charitable purpose). In conducting the proper analysis, however, courts must bear in mind that “decisions interpreting ORS 307.130 are of value in discerning the contours of ORS 307.140.” German Apost. Christ. Church, 279 Or at 641; see also Archdiocese v. Dept. of Rev., 266 Or 419, 513 P2d 1137 (1973) (<HOLDING>). For organizations seeking tax exemption for Options: A. holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances B. holding that the defendant countys two denials of variance permits under the circumstances had to a significantly great extent lessened the prospect of the religious institution being able to construct a temple in the future thus imposing a substantial burden on the religious institutions religious exercise C. holding exempt under ors 307130 which relates to other charitable institutions a building that was used as an office for a religious official and religious court and a printing press for a religious publication D. recognizing a religious institutions right to free exercise of religion E. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise

assistant: The best answer is C. holding exempt under ors 307130 which relates to other charitable institutions a building that was used as an office for a religious official and religious court and a printing press for a religious publication
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any legal action or proceeding with respect to this Agreement shall be brought in the courts of The State of New Jersey or of the United States of America for the District of New Jersey. By execution and delivery of this Agreement, each of the parties hereto accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of the aforesaid courts. Each of the parties hereto irrevocably consents to the service of process of any of the aforementioned courts in any such action or proceeding by the mailing of copies thereof by certified mail, postage prepaid, to the party at its address set forth in Section 12(a) hereof.

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 legal provision and list the applicable contract clause categories. Provision: Borrower acknowledges and agrees that all applicable notice and cure periods, if any, with respect to the Existing Default have lapsed, and the Existing Default currently constitutes an Event of Default. Subject to Borrower’s and each Guarantor’s compliance with the terms and conditions of this Amendment and the other Loan Documents, including without limitation the complete satisfaction of the conditions precedent set forth in this Amendment, Bank hereby waives the Existing Default. Except for the waiver expressly set forth in this Section 2.2 , nothing contained herein shall otherwise be deemed a consent to any violation of, or a waiver of compliance with, any term, provision, or condition set forth in any of the Loan Documents or a consent to or waiver of any other or future violations, breaches, Defaults, or Events of Default. The waiver set forth above in this Section 2.2 is made only with respect to Section 4.9(b) of the Credit Agreement for the fiscal quarter ending June 30, 2017, and said waiver shall not apply to any other provisions or measurement periods.

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: The Borrower and each of its Restricted Subsidiaries owns, or is licensed to use, all Intellectual Property reasonably necessary for the conduct of its business as currently conducted, except for those the failure to own or be licensed to use which would not reasonably be expected to result in a Material Adverse Effect. (a) The operation of the Borrower’s and its Restricted Subsidiaries’ respective businesses, including the use of Intellectual Property, by the Borrower and its Restricted Subsidiaries, does not infringe on or violate the rights of any Person, (b) no Intellectual Property of the Borrower or any of its Restricted Subsidiaries is being infringed upon or violated by any Person in any material respect, and (c) no claim is pending or threatened in writing challenging the ownership, use or the validity of any Intellectual Property of the Borrower or any Restricted Subsidiary, except for infringements, violations and claims referred to in the foregoing clauses (a), (b) and (c) that, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be assigned by the Company to any Affiliate or successor to the business or assets of the Company. In the event of any such assignment, the Company shall cause such Affiliate or successor, as the case may be, to assume the obligations of the Company hereunder, by a written agreement addressed to the Executive, concurrently with any assignment, with the same effect as if such assignee were “the Company” hereunder. This Agreement is personal to the Executive and the Executive may not assign any rights or delegate any responsibilities hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Appellant’s indefinite teaching contract. Because those four voters constituted a majority of the Board, the requirement in § 168.118(7) was satisfied. Appellant next argues that the Board’s findings of fact and conclusions of law were not properly executed. According to Appellant, the June 28th date on the findings, conclusions and decision means this document represents the view of Board President Riffle alone and does not constitute the Board’s decision. We disagree. The Board was required to issue a written decision that included findings of fact and conclusions of law. See § 168.118(7); § 168.120.2; § 536.090; Hughes v. Board o dings of fact and conclusions of law signed only by the school board’s secretary constituted the decision of the board); Brown, 675 S.W.2d at 139-40 (<HOLDING>). The record contains a copy of the Board’s Options: A. holding that boards failure to comply with precise requirement of city ordinance did not render its decision void where transcript of proceedings before board was sufficient to assure meaningful review of boards decision B. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence C. holding that the fact that the merit systems protection boards decision differs from the presiding officials does not alter the requirement that we evaluate the boards final decision under the substantial evidence standard D. holding that an associations president who was not a party before the board of appeals was not entitled to appeal the boards decision granting a zoning application that his association had opposed in the board proceedings E. holding that the findings of fact conclusions of law and decision signed by the school boards president constituted the decision of the board

assistant: The best answer is E. holding that the findings of fact conclusions of law and decision signed by the school boards president constituted the decision of the board
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 for Natixis, no agent, broker, Person, financial advisor or other intermediary, in each case acting on behalf of the Company is, or will be, entitled to any broker’s commission, finder’s fees or similar payment from any of the Parties, or from any Affiliate of any of the Parties, in connection with the Transactions. Any such commission, fee or payment owed to Natixis shall be solely the responsibility of Seller and not the Company.

assistant: Brokers
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 '' or `` your '' means you , the registered holder of the user account ( as described in paragraph 6.1 ) and licensee under these terms .

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: All material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by the originator of such 2017-3 Lease Agreement in connection with (a) the origination or acquisition of such 2017-3 Lease Agreement, (b) the execution, delivery and performance of such 2017-3 Lease Agreement by the Titling Trust, and (c) the acquisition of such 2017-3 Lease Agreement and the related 2017-3 Leased Vehicle by the Titling Trust, were duly obtained, effected or given and were in full force and effect as of such date of origination or acquisition.

assistant: Approvals
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: particularly the violations of § 11(a) and Rule lla-l(a). He does not explicitly challenge the SEC’s interpretation of those provisions as unreasonable, but does argue that the SEC should have considered the prevailing NYSE interpretation of § 11(a) at the time of the events at issue, found in a 1998 letter from Richard Grasso, then Chairman and CEO of the NYSE, to the SEC (the “Grasso letter”). It allegedly required proof of intent to violate § 11(a) and stated that sharing in the profits of an account did not, by itself, create a able for violations of § 11(a) and Rule lla-l(a) based on its interpretation of when a broker is considered to have an interest in an account. See In re John R. D’Alessio, 79 SEC Docket No. 2786, Exchange Act Release No. 47627, 2003 WL 1787291 (Apr. 3, 2003) (<HOLDING>); see also In re Edward John McCarthy, 81 SEC Options: A. holding that an attorney violated rule 84d when he failed to perform any effective action on behalf of his client B. holding that defendant violated 4b of the act by using false monthly account statements to conceal losses and instead represent that defendants were making profitable trades C. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live D. holding that broker violated 11a and rule llala when he shared in the profits and losses of trades in one of his customers accounts E. holding that broker willfully aided and abetted manipulative wash and match trades scheme when he knew or had reason to know that such trading was economically irrational

assistant: The best answer is D. holding that broker violated 11a and rule llala when he shared in the profits and losses of trades in one of his customers accounts
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: Participant agrees that in the event of a breach or threatened breach of any of the covenants contained in Sections 10 or 11 of this Agreement, in addition to any other penalties or restrictions that may apply under any employment agreement, state law, or otherwise, Participant shall forfeit, upon written notice to such effect from the Corporation, any and all Awards granted to him or her under the Plan and this Agreement, including vested Awards. The forfeiture provisions of this Section 13 shall continue to apply, in accordance with their terms, after the provisions of any employment or other agreement between the Corporation and Participant have lapsed. Participant consents and agrees that if Participant violates or threatens to violate any provisions of Sections 10 or 11 of this Agreement, the Corporation or its successors in interest shall be entitled, in addition to any other remedies that they may have, including money damages, to an injunction to be issued by a court of competent jurisdiction restraining Participant from committing or continuing any violation of Sections 10 or 11. In the event that Participant is found to have breached any provision set forth in Section 10 of this Agreement, the time period provided for in that provision shall be deemed tolled ( i.e. , it will not begin to run) for as long as Participant was in violation of that provision. The provisions of Sections 10 and 11 of this Agreement shall continue to apply, in accordance with their terms, after the Participant's service has terminated and after provisions of any employment or other agreement between the Corporation and the Participant have lapsed.

assistant: Remedies
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: work a manifest injustice.’ ” Christianson v. Colt Industries Operating Corp., 486 U.S. 800, 817, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) (quoting Arizona, 460 U.S. at 618 n. 8, 103 S.Ct. 1382). There is no reason to deviate from — and good reason to follow — Judge Berman’s prior decision deeming the respondent’s attorney’s rate of $345 per hour reasonable. Counsel’s billing rates are strong evidence of prevailing market rates. See Farbotko, 433 F.3d at 209-10; Tatum v. City of New York, No. 06 Civ. 4290, 2010 WL 334975, at *4 (S.D.N.Y. Jan. 28, 2010); Rozell v. Ross-Holst, 576 F.Supp.2d 527, 544 (S.D.N.Y.2008). Furthermore, courts in this district and in neighboring districts have found similar rates to be reasonable for attorneys with similar experience. See Coe, 714 F.Supp.2d at 450 (<HOLDING>); Wise v. Kelly, 620 F.Supp.2d 435, 446 — 47 Options: A. holding 325 per hour reasonable for partner litigating paca case B. recognizing that 90 per hour is a reasonable rate for a paralegal C. holding 350 per hour reasonable for civil rights federal court litigation D. holding that evidence was insufficient to support conviction for vehicular homicide where the defendant was driving 60 miles per hour in a 30 mile per hour zone before the collision and a minimum of 50 miles per hour at the time of impact E. holding that speed alone will not support a conviction but that other factors supported the vehicular homicide conviction where defendant was speeding at 50 to 60 miles per hour in a 30 mile per hour residential area with slowchildren playing sign

assistant: The best answer is C. holding 350 per hour reasonable for civil rights federal court litigation
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: 12.2 no warranties : to the maximum extent permitted by law : the software , products and skype websites are provided `` as is '' and used at your sole risk with no warranties whatsoever ; skype does not make any warranties , claims or representations and expressly disclaims all such warranties of any kind , whether express , implied or statutory , with respect to the software , products and/or skype websites including , without limitation , warranties or conditions of quality , performance , non-infringement , merchantability , or fitness for use for a particular purpose .

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: But he claims that release at age 60 is a geriatric release and the functional equivalent of life without parole in violation of the Eighth Amendment. He also argues that such release violates the principles in Graham, Miller, and Montgomery because release at age 60 provides only grim prospects for any meaningful future outside prison. [¶12.] Even if Charles’s 92-year sentence is equivalent to a sentence of life without parole, that alone does not mean his sentence is unconstitutional under Eighth Amendment precedent. The United States Supreme Court bars mandatory life sentences without parole against juvenile homicide offenders, not discretionary sentences of life without parole. See Miller, 567 U.S. at -, 132 S.Ct. at 2469; State v. Springer, 2014 S.D. 80, ¶ 15, 856 N.W.2d 460, 466 (<HOLDING>). [¶13.] In response, Charles asks this Court Options: A. holding sentences of life without parole unique in their severity B. holding that graham which prohibited the imposition of a life without parole sentence on a juvenile offender who did not commit homicide does not apply to a lengthy termofyears sentence that might constitute a de facto life sentence C. recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences D. holding that consecutive fixedterm sentences for juveniles who committed multiple nonhomicide offenses are not clearly unconstitutional under graham even when they amount to the practical equivalent of life without parole E. holding that williams fiftyyear sentence is not a de facto life sentence in violation of graham

assistant: The best answer is C. recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences
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’s terms, covenants and conditions may be waived only by a written instrument signed by the party waiving compliance. Any party’s failure at any time to require performance of any provision shall, in no manner, affect that party’s right to enforce that or any other provision at a later date. No waiver of any condition or breach of any provision, term or covenant contained in this Agreement, whether by conduct or otherwise, in any one or more instances shall be deemed or to be construed as a further or continuing waiver of that or any other condition or of the breach of that or that provision, term or covenant of this Agreement.

assistant: No 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 case excerpt and choose the best holding from the options. Case excerpt: began running on October 16, 2003. Our resolution of this dispute depends upon our construction of the legal disability statute. Initially, we reiterate that [o]ur approach to statutory construction begins with the statute’s language, and if it can end there — with our finding of a clear meaning of the Legislature’s intent — then we must stop. “Our search for a statute’s purpose begins with the words of the statute itself. If the statute is unambiguous, we need only to enforce the statute as writtenf,]” with no recourse to the broader statutory scheme, legislative history, historical background, or other external sources of the Legislature’s purpose. Galaway v. Schucker, 193 S.W.3d 509, 516 (Tenn.2005) (quoting In re Conservatorship of Clayton, 914 S.W.2d 84, 90 (Tenn.Ct.Ap 14 (1975) (<HOLDING>); O’Brien v. Mass. Bay Transp. Auth., 405 Mass. Options: A. holding that the statute of limitations for an attorney malpractice suit did not begin to run until the client had suffered some actual damage B. holding the statute of limitations does not begin to run until the owning spouse reaches a pay status C. holding that a notice of claim period did not begin to run until discovery of the injury D. holding that statute of limitations did not begin to run against a non compos mentis individual in spite of interested parties being available to bring suit E. holding that the statute of limitations for attorney malpractice may begin to run before the plaintiff knows the full extent of his damages

assistant: The best answer is D. holding that statute of limitations did not begin to run against a non compos mentis individual in spite of interested parties being available to bring 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 legal provision and list the applicable contract clause categories. Provision: The Lender appoints the Administrative Agent and authorizes the Administrative Agent to act as its agent hereunder, with such powers as are specifically delegated to the Administrative Agent by the terms of this Agreement or otherwise granted to the Administrative Agent by any other Loan Document or other agreement or arrangement between the Lender and the Administrative Agent, together with such other powers as are reasonably incidental thereto.

assistant: Powers
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: his motion — and that, Hu claimed, his prior counsel failed to submit — established his eligibility for withholding of removal or CAT relief. The BIA found that the evidence Hu presented with his motion did not show a likelihood of persecution or torture. The BIA did not specifically indicate whether this finding established that counsel's failure to present such evidence in the first instance was not prejudicial, see Changxu Jiang v. Mukasey, 522 F.3d 266, 270 (2d Cir.2008) (providing that a motion to reopen based on ineffective assistance of counsel must show, inter alia, that the movant was prejudiced by his counsel’s performance), or that Hu was simply not eligible for relief, even in light of the new evidence, see INS v. Abudu, 485 U.S. 94, 104, 108 S.Ct. 904, 99 L.Ed.2d 90 (1988) (<HOLDING>). However, under either analysis, the BIA's Options: A. holding that a movants failure to establish a prima facie case for the underlying substantive relief is a proper ground for the bia to deny a motion to reopen B. recognizing that in an untimely motion to reopen based on changed country conditions the movant must submit previously unavailable evidence demonstrating his prima facie eligibility for relief C. holding that the bia may deny a motion to reopen based on its finding that the movant has not established his prima facie eligibility for relief D. recognizing that failure to offer new previously unavailable evidence establishing a prima facie case for the underlying relief sought is a proper ground on which the bia may deny a motion to reopen E. recognizing that there are at least three independent grounds on which the bia may deny a motion to reopen 1 failure to establish a prima facie case 2 failure to introduce evidence that was material and previously unavailable and 3 a determination that despite the aliens statutory eligibility for relief he or she is not entitled to a favorable exercise of discretion

assistant: The best answer is C. holding that the bia may deny a motion to reopen based on its finding that the movant has not established his prima facie eligibility for relief
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, along with exhibit attached hereto and the award agreements referenced in Section 3.3 above, constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and terminates and supersedes any and all prior agreements, understandings and representations, whether written or oral, by or between the parties hereto or their affiliates that may have related to the subject matter hereof in any way.

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: immune for simply acting as an intermediary between the newspaper and the judge. See Forrester, 484 U.S. at 225,108 S.Ct. at 543 (indicating that the protections of judicial immunity extend to officials “who perform quasi-judicial functions”); Moore v. Brewster, 96 F.3d 1240, 1244 (9th Cir.1996) (“[Defendant], while acting as Clerk of the United States District Court ... in many of his actions performed quasi-judicial functions .... Even if ... [defendant] deceived [plaintiff] regarding the status of the [supersedeas] bond and improperly conducted hearings to assess costs, all in coordination with Judge Brewster, such acts would fall within [defendant’s] quasi-judicial duties and are thus protected by absolute immunity.”); McArdle v. Tronetti, 961 F.2d 1083, 1085 (3d Cir.1992) (<HOLDING>); Dellenbach v. Letsinger, 889 F.2d 755, 763 Options: A. holding that all persons who are integral parts of the judicial process such as witnesses judges and prosecutors are entitled to absolute immunity B. holding that a prosecutors preparation and filing of an information and a motion for an arrest warrant are protected by absolute immunity C. holding that judges have immunity from suit for judicial acts D. holding that a prison physician who prepared an evaluation of an inmate pursuant to a judges request was functioning as an arm of the court and as such he was an integral part of the judicial process and is protected by the same absolute judicial immunity that protects judge connelly E. holding that absolute immunity protects judges so long as their acts are judicial in nature internal quotation omitted

assistant: The best answer is D. holding that a prison physician who prepared an evaluation of an inmate pursuant to a judges request was functioning as an arm of the court and as such he was an integral part of the judicial process and is protected by the same absolute judicial immunity that protects judge connelly
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no agreements, understandings, laws, statutes, rules or regulations or other restrictions of any kind to which the Holder is party or subject that would prevent or restrict in any material respect the execution, delivery or performance of this Agreement by Holder. To the Holder’s knowledge, no consent or approval of any person, court or governmental authority is necessary by the Holder to transfer the Existing Preferred and consummate the Exchange.

assistant: No Conflicts
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 Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of any Loan Party to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or any other Loan Document or delivered hereunder or thereunder (as modified or supplemented by other information so furnished), when taken as a whole, contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that (a) with respect to projected financial information, the Borrowers represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time and (b) it is understood and agreed that uncertainty is inherent in any forecasts or projections and no assurances can be given by the Company of the future achievement of such performance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto shall be entitled to enforce their rights under this Agreement specifically, to recover damages by reason of any breach of any provision of this Agreement and to exercise all other rights existing in their favor. The parties hereto acknowledge and agree that money damages would not be an adequate remedy for any breach of the provisions of this Agreement and that any party hereto may, in its sole discretion, apply to any court of law or equity of competent jurisdiction for specific performance and/or injunctive relief (without posting bond or other security) in order to enforce or prevent any violation of the provisions of this Agreement.

assistant: Remedies
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: As consideration for our commitments hereunder and our undertakings to arrange, manage, structure and syndicate the Senior Credit Facilities, you agree to pay to us the fees and fulfill the other obligations set forth in the Term Sheets and in the Fee Letter. The terms of the Fee Letter are an integral part of the Initial Lenders’ respective commitments hereunder and constitute a part of this Commitment Letter for all purposes hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each notice relating to this Award shall be in writing (which shall include electronic form) and delivered in person, electronically or by first class mail, postage prepaid, to the address as hereinafter provided. Each notice shall be deemed to have been given on the date it is received. Each notice to the Company shall be addressed to it at its offices at Analog Devices, Inc., One Technology Way, Norwood, Massachusetts, 02062, Attention: Stock Plan Administrator, Treasury Department. Each notice to the Optionee shall be addressed to the Optionee at the Optionee’s last known mailing or email address, as applicable, on the records of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party shall, and shall cause each of its Restricted Subsidiaries to, pay and discharge all material taxes, assessments, and other charges and claims related thereto imposed on any Restricted Entity prior to the date on which penalties attach other than any tax, assessment, charge, or claim which is being contested in good faith and for which adequate reserves have been established in compliance with GAAP.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we encourage you to include your basic subscriber information , with instructions on how to access your content , in your will or other estate plans , so that anyone you wish to have access to your account will have the means to do so .

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: Vance, 231 F.3d at 261. Several Sixth Circuit cases also suggest that liability is appropriate where the funding recipient was deliberately indifferent to known prior acts of harassment by the same perpetrator against victims other than the plaintiff, although these cases ultimately declined to find liability because the particular fact patterns did not support a finding that the defendant both had notice of these prior incidents and acted with deliberate indifference. See McCoy v. Board of Educ. of Columbus City Schs., 515 Fed.Appx. 387 (6th Cir.2013); Henderson v. Walled Lake Consol. Schs., 469 F.3d 479 (6th Cir.2006); Williams ex. rel. Hart v. Paint Valley Local Sch. Dist., 400 F.3d 360 (6th Cir. 2005) ; see also Lopez v. Metro. Gov’t, 646 F.Supp.2d 891 (M.D.Tenn.2009) (<HOLDING>). For these reasons, the court finds that there Options: A. holding that a defendants notice of prior harassment against victims other than the plaintiff can give rise to title ix liability so long as the defendant possessed enough knowledge of the harassment that it could reasonably have responded with remedial measures to address the kind of harassment upon which the plaintiffs legal claim is based B. holding that school districts are hable for peer sexual harassment in their schools under title ix only if they have actual knowledge of the harassment and act with deliberate indifference in response to it C. holding that title vii does not address samesex harassment D. holding that harassment of women working alongside plaintiff was relevant to question of creation of environment viola tive of title vii although vinson was a sexual harassment case the principles underlying a hostile environment theory are equally applicable in sexual harassment and racial harassment cases E. holding that the plaintiff must establish that a supervisors harassment was within the scope of his employment and that the employer failed to respond adequately and effectively when it learned of the harassment

assistant: The best answer is A. holding that a defendants notice of prior harassment against victims other than the plaintiff can give rise to title ix liability so long as the defendant possessed enough knowledge of the harassment that it could reasonably have responded with remedial measures to address the kind of harassment upon which the plaintiffs legal claim is based
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: phone with someone identifying himself as petitioner, that he informed this person of the report of abuse that had been made, and then left his phone number so he could be reached, but despite these efforts the detective “never received a call back from anybody.” Trial Tr. Vol. III at 45-48. In both instances defense counsel objected and moved for a mistrial on the basis that petitioner’s exercise of his constitutional right to remain silent was improperly, if indirectly, commented upon. The trial court denied the objection, but cautioned that “this comes very close” to an “impingefment] of [petitioner’s] right to assert his fifth amendment privilege” and directed the prosecutor “to be very explicit that you’re commenting [instead] on what the 7, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) (<HOLDING>), to a pre-arrest, pre-Miranda context in Options: A. holding that it is improper for prosecutor to comment on accuseds postarrest silence B. holding fifth amendment prohibits comment on accuseds testimonial silence C. holding that the fifth amendment in its direct application to the federal government and in its bearing on the states by reason of the fourteenth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt D. holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation E. holding that the fifth amendment forbids either comment by the prosecution on the accuseds silence or instructions by the court that such silence is evidence of guilt

assistant: The best answer is D. holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation
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: Seller is a limited liability company, duly formed and validly existing and in good standing under the laws of the State of California, and has full power and lawful authority under Seller’s organizational documents to enter into and carry out the terms and provisions of this Agreement and to execute and deliver all documents which are contemplated by this Agreement. All actions necessary to confer such power and authority upon the persons executing this Agreement (and all documents which are contemplated by this Agreement to be executed on behalf of Seller) have been taken. Seller’s execution, delivery and performance of this Agreement will not result in any violation of, or default under, or require any notice or consent under, any of Seller’s organizational documents, any other agreement to which Seller is a party or any law, judgment or order applicable to Seller.

assistant: Authority
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 color of state law and the jury must return a verdict for the defendant. (App.308-09.) This error was reinforced by the verdict form, which forced the outcome of the case to be determined by a single finding of fact: whether Dombroski ordered the landlord to open the door. In Hurley v. Atlantic City Police Department, we held that the District Court failed to instruct the jury that punitive damages against the upper management of a company could only be awarded if upper management was involved in the violation. 174 F.3d 95, 122-24 (3d Cir.1999). We reversed the finding of punitive damages because the jury instructions “failed to provide proper guidance for the jury on a fundamental question.” Id. at 124; see also Beardshall v. Minuteman Press Int’l, 664 F.2d 23, 26 (3d Cir.1981) (<HOLDING>). The District Court in this case did not Options: A. holding that the plain error and harmless error standards of review merge in the ease of jury instructions because the duty to properly instruct the jury lies with the trial court B. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error C. holding that the proper standard of proof is preponderance of the evidence D. holding that the courts review is conducted under the plain error standard E. holding that the failure to properly instruct the jury on the burden of proof required a new trial

assistant: The best answer is B. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error