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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or email attachment at the email address as set forth on the signature pages attached hereto at or prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile or email attachment at the facsimile number or email address as set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2 nd ) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto. To the extent that any notice provided pursuant to any Transaction Document constitutes, or contains, material, non-public information regarding the Company or any Subsidiaries, the Company shall simultaneously file such notice with the Commission pursuant to a Current Report on Form 8-K.

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: To the best of the Company’s knowledge, the Company owns or possesses sufficient legal rights to all patents, trademarks, service marks, trade names, copyrights, trade secrets, licenses, information and other proprietary rights and processes necessary for its business as now conducted and as presently proposed to be conducted, without any known infringement of the rights of others. There are no outstanding options, licenses or agreements of any kind relating to the foregoing proprietary rights, nor is the Company bound by or a party to any options, licenses or agreements of any kind with respect to the patents, trademarks, service marks, trade names, copyrights, trade secrets, licenses, information and other proprietary rights and processes of any other person or entity other than such licenses or agreements arising from the purchase of “off the shelf” or standard products.

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: All notices to third parties and all other publicity concerning the transactions contemplated by this Agreement shall be jointly planned and coordinated by and between Purchaser and Seller; provided, however, that the parties will agree to jointly plan, coordinate, and execute one or more announcements regarding the transaction. Except as may be required by law, no party shall act unilaterally in this regard without the prior written approval of the other party, such approval not to be unreasonably withheld.

assistant: Publicity
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: for example , you may choose to use third-party data backup services ( such as icloud or google drive ) that are integrated with our services or interact with a share button on a third party 's website that enables you to send information to your whatsapp contacts .

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: Tenant shall keep true records and books of account of Tenant in which full, true and correct entries will be made of dealings and transactions in relation to the Leased Property in accordance with the provisions of the Real Property Lease.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee hereby consents to any and all uses and displays, by Insight and its parents, subsidiaries, affiliates and its and/or their agents, employees, representatives, and licensees, of the Employee's name, voice, likeness, image, appearance in, on or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs and advertising, other advertising, sales and marketing brochures, books, magazines, other publications, CDs, DVDs, tapes and all other printed and electronic forms and media throughout the world created in connection with Employee’s employment with Insight (“Images”), at any time during or after the period of Employee’s employment by Insight. Employee acknowledges that Insight has an unconditional, non-exclusive, royalty-free, right to use, reproduce, edit, market, store, distribute, communicate, transmit, and promote these Images (collectively, “Permitted Uses”), or any portion thereof, in connection with Insight or any of its products or services.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties of each Loan Party contained in the Amended and Restated Credit Agreement as modified hereby are true and correct in all material respects (without duplication of any materiality qualifier contained therein) on and as of the date hereof as though made on and as of the date hereof, except to the extent that such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (without duplication of any materiality qualifier contained therein) as of such earlier 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: This Agreement, the Change of Control Agreement, the Confidentiality Agreement, the Indemnification Agreement, and the agreements relating to the Options, and the Stock Plan and Option Agreement, constitute the entire agreement and understanding between the Parties concerning the subject matter herein and all prior representations, understandings, and agreements concerning the subject matter hereof have been superseded by the terms of 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to indemnify and hold betterpoints.uk its directors , its officers , its employees and agents harmless from and against all liabilities , including without limitation legal fees , damages , losses , costs and other expenses in relation to any claims or actions brought against betterpoints.uk arising out of any breach by you of these terms and conditions , complaints made by other parties against you or other liabilities arising out of your use of this website .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its affiliates are authorized to withhold from any Award granted, or any payment relating to an Award under this Plan, including from a distribution of Securities, amounts of withholding and other taxes due or potentially payable in connection with any transaction involving an Award, and to take such other action as the Committee may deem advisable to enable the Company (or an applicable affiliate) and Participants to satisfy obligations for the payment of withholding taxes and other tax obligations relating to any Award. This authority shall include authority to withhold or receive Securities or other property and to make cash payments in respect thereof in satisfaction of a Participant’s tax obligations, either on a mandatory or elective basis in the discretion of the Committee. Any determination made by the Committee to allow a Participant who is subject to Rule 16b-3 to pay taxes with Securities through net settlement or previously owned shares shall be approved by a committee made up of two or more Qualified Members or the full Board. If such tax obligations are satisfied through the withholding of Securities that are otherwise issuable to the Participant pursuant to an Award (or through the surrender of Securities by the Participant to the Company), the maximum number of Securities that may be so withheld (or surrendered) shall be the number of Securities that have an aggregate Fair Market Value on the date of withholding or repurchase equal to the aggregate amount of such tax liabilities determined based on the greatest withholding rates for federal, state, foreign and/or local tax purposes, including payroll taxes, that may be utilized without creating adverse accounting treatment with respect to such Award, as determined by the Committee.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we will not be liable to you for any lack of performance , or the unavailability or failure , of the products , or for any failure or delay by us to comply with these terms , where such lack , unavailability or failure arises from any cause beyond our reasonable control .

assistant: Limitation of liability
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) The Audited Financial Statements (i) were prepared in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; (ii) fairly present in all material respects the financial condition of Newpark and its Subsidiaries as of the date thereof and their results of operations for the period covered thereby in accordance with GAAP consistently applied throughout the period covered thereby, except as otherwise expressly noted therein; and (iii) show or describe all material indebtedness and other liabilities, direct or contingent, of Newpark and its Subsidiaries as of the date thereof, including liabilities for taxes, material commitments and Indebtedness.

assistant: Financial Statements
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 cover "different situations”). 20 . Because the jury convicted appellant of what was submitted as a lesser-included offense, even if it was not actually a lesser-included offense, the jury implicitly acquitted him of the charged offense of evading detention, and the State may not reindict appellant for that offense. See Tex.Code Crim. Proc. Ann. art. 37.14 (Vernon 2006) (“If a defendant, prosecuted for an offense which includes within it lesser offenses, be convicted of an offense lower than that for which he is indicted, and a new trial be granted him, or the judgment be arrested for any cause other than the want of jurisdiction, the verdict upon the first trial shall be considered an acquittal of the higher offense_”); Pope v. State, 509 S.W.2d 593, 596 (Tex.Crim.App.1974) Options: A. holding that where jury was instructed on both a greater offense and lesserincluded offense and the jury convicted on the lesserincluded offense the double jeopardy provision prohibited retrial on the greater offense B. holding that failure to give lesserincluded charge of simple assault as lesserincluded offense of aggravated assault on police officer was reversible error C. holding that had trial counsel requested charge on lesserincluded offense of child molestation to charged offense of aggravated child molestation trial court would have been required to give the charge on the lesserincluded offense when defendant testified that during incident in question he was hugging the victims stomach not performing oral sex D. holding that guilty verdict in first trial on what was submitted as second lesserincluded offense despite its not having been lesserincluded offense as matter of law precluded subsequent prosecution for what had been charged as greater offenses in first trial E. holding that court of appealss remedy on remand from reversal for harmful charge error based on failure to meet second step of rousseau lesserincludedoffense test was to remand for a retrial for the lesser offense because the jurys verdict that the appellant was guilty of the lesserincluded offense operates as an acquittal of the greater offense to which jeopardy had attached this prevents a retrial for the greater offense but not for the lesser offense

assistant: The best answer is D. holding that guilty verdict in first trial on what was submitted as second lesserincluded offense despite its not having been lesserincluded offense as matter of law precluded subsequent prosecution for what had been charged as greater offenses in first trial
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: — CDC—to a third party — the Commonwealth — through mechanisms of depletion and nonpayment in order to evade the judgment. State postjudgment enforcement procedures, incorporated into federal procedure by Rule 69(a), classically encompass such fact patterns. And in colloquial terms, it could be thought that exercise of enforcement jurisdiction here simply protects the MD judgment. Futura draws an analogy to a situation where a judgment is entered against a corporate subsidiary and the judgment is unenforcable because the corporate parent has looted the subsidiary. In such instance, suits or enforcement proceedings against the corporate parent to enforce the judgment have been permitted. See, e.g., Explosives Corp. of America v. Garlam Enterprises Corp., 817 F.2d 894 (1st Cir.1987) (<HOLDING>); Pan America Match Inc. v. Sears, Robuck and Options: A. holding parent corporation which controlled litigation on behalf of subsidiary bound by judgment B. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control C. holding that a close relationship between a parent corporation and a subsidiary may justify finding that the parent engages in business in the jurisdiction through the local activities of its subsidiary D. holding that a parent must exercise some control over the subsidiarys activities which does not require that the subsidiary be controlled to an ultimate degree by its parent although something more than mere passive investment by the parent is required the parent must have and exercise control and direction over the affairs of its subsidiary in order for venue to be proper E. holding parent company bound in subsequent action by res judicata effect of judgment against subsidiary

assistant: The best answer is A. holding parent corporation which controlled litigation on behalf of subsidiary bound by judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: quotation marks omitted.)). Against that backdrop, defendant’s argument is that, when an officer testifies that someone “passed” or “failed” the walk-and-turn test or the one-leg-stand test, the probative value of that testimony rests on a scientific proposition distinct from the commonly known signs of intoxication and from the officer’s practical expertise in identifying impairment. As explained above, both the officer and the jury can recognize signs of impairment that a test subject might exhibit during performance of an FST. Moreover, if the officer has training and extensive experience administering FSTs to suspected impaired drivers, the officer may have practical expertise in recognizing when a test subject’s performance indicates impairment. Rambo, 250 Or App at 194-95 (<HOLDING>). However, defendant argues, the conclusion Options: A. holding that trial court did not abuse its discretion in qualifying an expert witness in the area of gang identity and investigation based on his training and experience B. recognizing that officers are entitled to rely on training and experience in forming belief that drug transaction has occurred C. holding that a police officers opinion that a defendant was most definitely engaged in drug dealing was not proper lay testimony because it was based on the officers specialized training in narcotics and extensive experience in methamphetamine cases D. recognizing officers qualification to offer nonscientific expert opinion of intoxication based on training and experience E. holding officer could testify based on his training and experience that a defendants actions were consistent with selling cocaine

assistant: The best answer is D. recognizing officers qualification to offer nonscientific expert opinion of intoxication based on training and experience
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided in this First Amendment, the provisions of the Original Agreement shall be and remain unmodified and in full force and effect (such Original Agreement being hereby ratified, reaffirmed and confirmed by Buyer and Seller), and if any provision of this First Amendment conflicts with the Original Agreement, then the provisions of this First Amendment shall prevail. Except as otherwise expressly provided in this First Amendment, nothing contained in this First Amendment shall operate to waive the rights of Buyer or Seller under the Original Agreement. This First Amendment may be executed in one or more counterparts (by original, facsimile or electronic PDF signatures), each of which shall be deemed to constitute an original, but all of which, when taken together, shall constitute one and the same instrument.

assistant: Miscellaneous
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 delay of Secured Party in exercising any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. No waiver by Secured Party of any right hereunder or of any default by the Pledgor shall be binding upon Secured Party unless in writing, and no failure by Secured Party to exercise any power or right hereunder or waiver of any default by the Pledgor shall operate as a waiver of any other or further exercise of such right or power or of any further default. The exercise or beginning of the exercise by Secured Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by Secured Party of any or all other such rights, powers or remedies. No indulgence by Secured Party, or waiver of compliance with any provision hereof, shall be construed as a waiver of the right of Secured Party to subsequently require strict performance hereof by the Pledgor.

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 Company has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder in accordance with the terms hereof. The execution, delivery and performance of this Agreement by the Company have been duly authorized by all necessary corporate action. This Agreement has been or will be duly executed and delivered by the Company, and this Agreement constitutes the legal, valid and binding obligation of the Company enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws relating to or affecting the enforcement of creditors’ rights generally and by general equitable principles.

assistant: Authorizations
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 agree that irreparable damage, for which monetary damages would not be an adequate remedy, may occur in the event that any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached by the Parties. Prior to the termination of this Agreement pursuant to Section 7 , it is accordingly agreed that the Parties shall be entitled to seek an injunction or injunctions, or any other appropriate form of specific performance or equitable relief, to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction, in each case in accordance with this Section 12.7 , this being in addition to any other remedy to which they are entitled under the terms of this Agreement at law or in equity.

assistant: Enforcements
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: existence of the hospital lien, GEICO would have issued the check to the Bells as payees, as they demanded. The Bells’ position is without merit for several reasons. First and foremost, as the district court held, GEICO’s payment of loss did not amount to bad faith since the “express terms and conditions of the [Bells’] policy” allowed for payment to the hospital, a person entitled by law to receive payment. See Talat, 758 So.2d at 1282. Thus, we conclude that the district court correctly reasoned that GEICO’s error and delay in routing $5,000.00 from the Bells’ PIP claim to the hospital did not change the fact that GEICO was contractually entitled to render payment to the hospital so long as the hospital held its valid lien. See Dade Cnty. v. Pavon, 266 So.2d 94, 96 (Fla.Ct.App.1972) (<HOLDING>). Second, we conclude that while GEICO’s error Options: A. holding that under nebraskas physicians lien statute a physicians lien could not exceed the amount the health care provider agreed to accept for the services rendered to a patient even if the usual and customary charge for such services is greater than that sum because the statute extends such lien only to the amount due or debt of the patient to the hospital B. holding that because the contract between the hospital and the health insurance company had a hold harmless provision which stated the hospital would not bill or hold insurance subscribers liable for any hospital expenses covered by the subscribers insurance contract and all expenses from the patients treatment for the automobile accident were covered in such contract there was no debt upon which the hospital could assert a lien pursuant to the states hospital lien statute C. holding that where hospital used balance billing its lien was unenforceable because the hospital had been paid in full for the services it provided to patient and there was consequently no debt to secure by the existence of the lien D. holding courts have held that hospitals have a duty to protect its patients from the tortious or criminal actions of third parties due to the special relationship between the hospital and the patient E. holding that upon admission to a hospital the hospitals lien attached to the proceeds of all insurance claims accruing to the patient or his legal representative as a result of the patients hospitalization

assistant: The best answer is E. holding that upon admission to a hospital the hospitals lien attached to the proceeds of all insurance claims accruing to the patient or his legal representative as a result of the patients hospitalization
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: From and after the Operative Date, the Administrative Agent shall make all payments in respect of [the][each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the][the relevant] Assignor for amounts which have accrued to but excluding the Operative Date and to [the][the relevant] Assignee for amounts which have accrued from and after the Operative Date. Notwithstanding the foregoing, the Administrative Agent shall make all payments of interest, fees or other amounts paid or payable in kind from and after the Operative Date to [the][the relevant] Assignee.

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 case excerpt and choose the best holding from the options. Case excerpt: facts stated on the face of the complaint, in documents appended to the complaint or incorporated in the complaint' by reference, and to matters of which judicial notice may be taken.” (internal quotation marks omitted)); Hendrix v. City of New York, No. 12-CV-5011, 2013 WL 6835168, at *2 (E.D.N.Y. Dec. 20, 2013) (same). Finally, where “a plaintiff alleges a claim based on a written instrument,” if “the documents contradict the allegations of a plaintiffs complaint, the documents control and the [cjourt need not accept as true the allegations in the complaint.” Bill Diodato Photography LLC v. Avon Prods., Inc., No. 12-CV-847, 2012 WL 4335164, at *3 (S.D.N.Y. Sept. 21, 2012) (internal quotation marks omitted); see also L-7 Designs, Inc. v. Old Navy, LLC, 647 F.3d 419, 422 (2d Cir.2011) (<HOLDING>); TufAmerica, Inc. v. Diamond, 968 F.Supp.2d Options: A. recognizing that the allegations of the complaint must be accepted as true on a threshold motion to dismiss B. holding that when deciding a motion for judgment on the pleadings the court must construe the material allegations in the complaint in favor of the nonmoving party as true C. holding that court may look both to complaint itself and to any documents attached as exhibits to complaint D. holding that a court need not accept as true conclusory allegations which are contradicted by documents referred to in the complaint E. holding that for the purposes of deciding a motion to dismiss courts take allegations as true unless contradicted by documentary evidence from the exhibits attached to the complaint

assistant: The best answer is E. holding that for the purposes of deciding a motion to dismiss courts take allegations as true unless contradicted by documentary evidence from the exhibits attached to the complaint
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: v. Allstate Ins. Co., Inc., 111 Ohio App.3d 16, 19, 675 N.E.2d 550 (1996). In construing contracts of insurance, words must be given their plain and ordinary meaning, and only in situations where the contract is ambiguous (and thus susceptible to more than one interpretation) must the policy language be liberally construed in favor of coverage. Dairyland Ins. Co. v. Finch, 32 Ohio St.3d 360, 362, 513 N.E.2d 1324, (1987); Faruque v. Provident Life & Acc. Ins. Co., 31 Ohio St.3d 34, 38, 508 N.E.2d 949 (1987). Courts should not, however, construe an insurance contract in the absence of ambi guity in its language. Karabin v. State Auto. Mut. Ins. Co., 10 Ohio St.3d 163, 166-167, 462 N.E.2d 403 (1984). See also King v. Nationwide Ins. Co., 35 Ohio St.3d 208, 211, 519 N.E.2d 1380 (1988) (<HOLDING>). If the insurance contract is "clear and Options: A. holding that a governments consent to be sued must be construed strictly in favor of the sovereign B. 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 C. holding ambiguities are strictly construed against the insurer as drafter D. holding that only if provisions in an insurance contract are open to more than one interpretation should it be construed strictly against the insurer and liberally in favor of the insured E. holding that the workers compensation act is to be liberally construed in the employees favor and any doubt in its construction is thus resolved in favor of the employee

assistant: The best answer is D. holding that only if provisions in an insurance contract are open to more than one interpretation should it be construed strictly against the insurer and liberally in favor of the insured
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: It is validly existing and in good standing under the laws of the state of its organization, and this Agreement is a legal, valid, and binding obligation of such Party, enforceable against it in accordance with its terms, except as may be limited by applicable laws relating to or limiting creditors’ rights generally (including the Bankruptcy Code) or by equitable principles or a ruling of the Bankruptcy Court and, with respect to the Company from and after the Petition Date, subject to Bankruptcy Court approval.

assistant: Enforceability
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 provide a free listing, changed its available menu of classified headings, engaged in different marketing efforts to sell business listings, excluded businesses listings from nearby communities such as Fort Laud-erdale, excluded listings of national businesses, or permitted different arrangements between the available classified headings and business listings. Donnelley is correct to assert that the holding in Feist precludes this court from concluding that BAPCO satisfied the originality requirement based on the mere alphabetizing of business listings and classified headings, or based on the mere coordination of the name, address, and telephone number of a particular business into one complete business listing. See Feist, 499 U.S. at -, 111 S.Ct. at 1297, 113 L.Ed.2d at - 380-81 (<HOLDING>). Donnelley is also correct to assert that the Options: A. holding that names towns and telephone numbers of utilitys subscribers are not entitled to copyright protection B. holding that a telephone companys white pages lack the requisite originality for copyright protection where the telephone company merely published basic subscriber information name town and telephone number and arranged it alphabetically based on surnames C. holding that telephone users have no expectation of privacy in dialed telephone numbers because they voluntarily expose such information to the service provider D. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company E. holding that local telephone calls are inadequate to satisfy jurisdictional requisite of interstate commerce

assistant: The best answer is B. holding that a telephone companys white pages lack the requisite originality for copyright protection where the telephone company merely published basic subscriber information name town and telephone number and arranged it alphabetically based on surnames
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 execution, delivery and performance of this Agreement and the other Loan Documents to which any of the Company, the Subsidiary Borrowers or the Guarantors is a party and the transactions contemplated hereby and thereby (i) are within the authority of such Person, (ii) have been duly authorized by all necessary proceedings on the part of such Person, (iii) do not and will not conflict with or result in any breach or contravention of any provision of law, statute, rule or regulation to which such Person is subject or any judgment, order, writ, injunction, license or permit applicable to such Person except as would not reasonably be expected to have a Material Adverse Effect, (iv) do not and will not conflict with or constitute a default (whether with the passage of time or the giving of notice, or both) under any provision of the partnership agreement, articles of incorporation or other charter documents or bylaws of, or any material agreement or other material instrument binding upon, such Person or any of its properties, (v) do not and will not result in or require the imposition of any lien or other encumbrance on any of the properties, assets or rights of such Person other than liens and encumbrances in favor of the Administrative Agent contemplated by this Agreement and the other Loan Documents, and (vi) do not require any material approval or consent of any Person other than those already obtained and as are in full force and effect.

assistant: Authorizations
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: 5708, can justify a contrary result. We decline to accept Cooper’s invitation to place the burden on the defendant to request a nominal damages instruction. Cooper was the party seeking a finding of actual injury and, as such, bore the responsibility of requesting a nominal damages instruction if it wanted the jury to consider that option. Of course, Cooper may well have decided for tactical reasons that it did not want the jury to consider that option. But whether Cooper failed to request an instruction on nominal damages by choice or inadvertence, it should bear the consequences. Because Cooper did not request such an instruction, it cannot now contend that we should infer a finding of nominal damages. See Walker v. Anderson Electrical Connectors, 944 F.2d 841, 844-45 (11th Cir.1991) (<HOLDING>), cert. denied, — U.S. —, 113 S.Ct. 1043, 122 Options: A. holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict B. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages C. holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request them D. holding that the plaintiff was entitled to nominal damages in a breach of contract regarding a fire appraisal E. holding that plaintiff waived the right to nominal damages in an excessive force case because nominal damages were not requested until after the verdict

assistant: The best answer is C. holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request 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 action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which he may be entitled.

assistant: Costs
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: Real estate taxes and assessments imposed by any governmental authority (" Taxes ") with respect to the Real Property and Improvements for the relevant tax year in which the Real Property is being sold and that are not yet due and payable or that have not yet been paid and that are not (and shall not be) reimbursable by tenants under the Leases as Operating Costs shall be prorated as of the Close of Escrow based upon the most recent ascertainable assessed values and tax rates and based upon the number of days Buyer and Seller will have owned the Real Property during such relevant tax year. Seller shall receive a credit for any Taxes paid by Seller and applicable to any period after the Close of Escrow.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, Executive shall serve as the Executive Vice President – Finance, of the Company. The duties and responsibilities of Executive shall be those of a senior executive of the Company as the same shall be assigned to him, from time to time, by the Board of Directors of the Company (the “ Board ”) and on a day-to-day basis by the Chief Financial Officer and Chief Executive Officer of the Company. Notwithstanding the foregoing, Executive’s duties shall include, but not be limited to, (i) supporting the Company and the Company’s Chief Financial Officer in the timely preparation of the Company’s consolidated financial statements and filing of the Company’s periodic reports with the Securities and Exchange Commission (the “ SEC ”), (ii) facilitating the transition of Executive’s historic duties and responsibilities to the Chief Financial Officer, (iii) supporting the Company’s efforts to remediate material weaknesses previously identified in the Company’s annual report on Form 10-K filed for the year ended December 31, 2016 (the “ 2016 Financial Statements ”) and (iv) cooperating fully with any action, claim, demand, suit, litigation, arbitration proceeding, administrative or regulatory proceeding of any nature, civil, criminal, regulatory or otherwise, in law or in equity, or any investigation, examination, inquiry or audit by or before any federal or state regulatory body with jurisdiction over the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section 11.04 shall survive the resignation of the Administrative Agent, the Collateral Agent and any L/C Issuer, the replacement of any Lender, the termination of the Aggregate Revolving Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their successors and assigns. This Agreement shall not be assignable by either Party without the written consent of the other Party; provided, however, that either Party may, without the prior written consent of the other Party, (i) assign any or all of its rights and obligations to any Affiliate of such Party or (ii) upon at least thirty (30) days prior written notice, assign any or all of its rights and obligations to any third party that acquires substantially all of the business or assets of the assigning Party, whether by merger, acquisition or otherwise. Notwithstanding the foregoing, in the event Pacira provides notice to DePuy Synthes that it intends to assign its rights and obligations to a third-party acquirer pursuant to clause (ii) of the immediately preceding sentence, and DePuy Synthes determines in its good faith judgment that such third-party acquirer is a competitor of DePuy Synthes or that being a party to this Agreement with such third-party acquirer would cause reputational harm to DePuy Synthes, it shall so notify Pacira within ten (10) days of receipt of the notice from Pacira hereunder and DePuy Synthes shall have the right to terminate this Agreement for cause effective immediately in the event Pacira assigns its rights or obligations to such third party. Any change in control of either Party resulting from a merger, consolidation, stock transfer or asset sale shall be deemed to be an assignment for purpose of this Agreement. Any purported transaction in violation of this Section 15.1 shall be null and void and of no force or effect.

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 legal provision and list the applicable contract clause categories. Provision: EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES OF THE COMPANY EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER THE COMPANY NOR ANY OTHER PERSON MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ON BEHALF OF THE COMPANY IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of Executive’s death during the Term, Executive’s employment hereunder shall immediately and automatically terminate. In such event, the Company shall pay to Executive’s designated beneficiaries or, if no beneficiaries have been designated by Executive, to his estate, (a) the Base Salary earned but not paid through the Termination Date; (b) the amount of any accrued but unused vacation calculated as of the Termination Date; and (c) any business expenses incurred by Executive but un-reimbursed on the Termination Date, provided that such expenses and required substantiation and documentation are submitted within ninety (90) days of termination and that such expenses are reimbursable under Company policy (all of the foregoing in this sentence, collectively, “ Final Compensation ”). In addition, the Company shall pay to Executive’s beneficiaries or estate (i) any Management Bonus and Retention Bonus earned for or during the prior calendar year but unpaid as of the Termination Date; (ii) a prorated portion of the Management Bonus achieved for the elapsed portion of the calendar year in which the termination occurred, and (iii) a prorated portion of the Retention Bonus based on the elapsed portion of the calendar year in which the termination occurred (all of the foregoing in this sentence, collectively, the “ Final Bonus ”). The Final Compensation shall be paid by the Company to Executive within six (6) days of Executive’s death (or, if later, within six (6) days of the date the Company receives notice of Executive’s death, but in no event later than ninety (90) days after Executive’s death). The Final Bonus shall be paid by the Company to Executive within twenty (20) days of Executive’s death (or, if later, within twenty (20) days of the date the Company receives notice of Executive’s death).

assistant: Death
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 MRSECA provides that a district court “shall order restitution for any offense” under chapter 110 of Title 18 of the United States Code, and that the restitution order “shall direct the defendant to pay the victim ... the full amount of the victim’s losses.” 18 U.S.C. § 2259(a), (b)(1). A “victim” is “the individual harmed as a result of a commission of a crime under this chapter.” 18 U.S.C. § 2259(c). Burgess was convicted of violating 18 U.S.C. § 2252-a chapter 110 offense — and Vicky was the child victim portrayed in the materials in Burgess’ possession. Burgess, 684 F.3d at 448. Burgess was “responsible for losses sustained by Vicky that he proximately caused.” Burgess, 684 F.3d at 459; see Paroline v. United States, — U.S. -, 134 S.Ct. 1710, 1719-22, 188 L.Ed.2d 714 (2014) (<HOLDING>). In applying § 2259’s causation requirement, Options: A. holding that restitution is proper under 2259 only to the extent the defendants offense proximately caused a victims losses B. holding that an award of restitution is only for the loss caused by the specific conduct that is the basis of the offense of conviction C. holding that under the restitution provision of the supervised release statute 18 usc 3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction D. holding that the amount of restitution is limited to the victims actual losses E. holding that restitution is proper for victims losses that are directly caused by appellants conduct for which he was convicted

assistant: The best answer is A. holding that restitution is proper under 2259 only to the extent the defendants offense proximately caused a victims losses