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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: notwithstanding anything to the contrary in these terms , nothing in these terms excludes or limits our liability for fraud or for death or personal injury caused by our negligence .

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: that he had other lenders waiting to finance the aircraft, this was untrue. Because the supposed consideration did not actually exist, there was not an oral modification. 31. However, under New York law, no consideration is required if the modification is in writing and is signed by the party against whom it i's sought to be enforced. N.Y. Gen. Oblig. Law § 5-1103. BCI argues that a modification (for a decreased fee of $50,000) was put in writing and signed by Fulcrum in a letter and invoice that Fulcrum sent to BCI on March 29, 2001. Even if this is true, however, this Court will not enforce such a modification because it was made in bad faith and based upon a blatant misrepresentation by the Defendant. See Pease & Elliman, Inc. v. Stewart, 50 Misc.2d 330, 270 N.Y.S.2d 324, 326 (1965) (<HOLDING>). Under general contract principles, it is well Options: A. holding that if a document is facially clear it will be construed according to its language B. holding that a statute must be construed if fairly possible so as to avoid not only the conclusion that it is unconstitutional but also grave doubts upon that score citations omitted C. holding that the lmra preempted plaintiffemployees claim under michigan law for tortious interference with contractual relations breach of contract is an essential element of a tortious interference claim and resolution of such claim would require the court to interpret collective bargaining agreement to determine if that agreement had been breached D. holding that a tortious interference claim could not be maintained against a corporate officer of a publisher where the underlying agreement was between the publisher and a sales representative because the corporation and its agent are considered one so that there is no party against whom a claim for contractual interference will lie E. holding that even if an indemnity agreement could fairly be construed as protecting against a claim it was unenforceable for such a purpose under the doctrine that a court will not lend its aid to one who bases his cause of action upon his own wilful and deliberate tortious acts

assistant: The best answer is E. holding that even if an indemnity agreement could fairly be construed as protecting against a claim it was unenforceable for such a purpose under the doctrine that a court will not lend its aid to one who bases his cause of action upon his own wilful and deliberate tortious acts
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 Supreme Court [in Taylor ] rejected the trustee’s argument that § 522(Z) requires debtors to file claims for exemptions in good faith.”). A trustee must therefore object timely to a facially invalid exemption claim — one that is objectionable based on “(1) the description of the exempted, property; (2) the Code provisions governing the claimed exemptions; [or] (3) the amount listed in the column titled value of claimed exemption.” In re Messina, 687 F.3d 74, 80 (3d Cir.2012) (internal citations omitted); see Schwab, 560 U.S. at 785, 130 S.Ct. 2652; Massey v. Pappalardo (In re Massey), 465 B.R. 720, 726 (1st Cir. BAP 2012). If the trustee does not object in time, an invalid exemption claim will stand. See Bone v. Taco Bell of Am., LLC, 956 F.Supp.2d 872, 878 (W.D.Tenn.2013) (<HOLDING>); Trumble v. Burke (In re Miller), 04-3365, Options: A. holding despite contrary authority that husband debtor with a mere possessoiy interest was not entitled to claim a homestead exemption and stating it is a fundamental tenet of the law of exemptions that the debtor must have an ownership interest in the property before an exemption may be claimed a long line of illinois cases has required that a debtor have title or some ownership interest in property in order to claim a homestead exemption other courts deciding the issue under the federal exemption scheme have held that the key word is interest and that an interest in real property up to a specified amount implies a monetary interest more than just one spouses right to reside with the other B. recognizing cause of action C. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes D. recognizing the cause of action E. holding that a chapter 7 debtor who claimed an invalid exemption in a cause of action had standing to pursue that litigation because the cause of action was excluded from the bankruptcy estate after no party in interest objected timely to the exemption

assistant: The best answer is E. holding that a chapter 7 debtor who claimed an invalid exemption in a cause of action had standing to pursue that litigation because the cause of action was excluded from the bankruptcy estate after no party in interest objected timely to the exemption
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: (Vernon 1998) (establishing re-buttable presumption where common-law marriage is not proved within two years from date when couple ceased living together). We hold that Oravetz’s motion provided Amayé with sufficient specificity to afford her the chance to avoid summary judgment, notwithstanding the fact that his legal conclusion about the effect of the section 2.401 presumption was incorrect. Oravetz’s motion not only cited the proper section from the Family Code, it quoted directly from it. Indeed, in her response to summary judgment, Amayé argued that she intended to rebut the section 2.401 presumption “when her suit is heard on the merits.” Due the effect of the presumption, however, this was not an option. See, e.g., Temple I.S.D. v. English, 896 S.W.2d 167, 169 (Tex.1995) (<HOLDING>). The effect of a presumption is to force the Options: A. holding that a finding of fact is supported by substantial evidence on the record as a whole if it would have been possible for a reasonable jury to reach the boards conclusion B. holding that record compelled conclusion that telephoned threat came from persecutors in absence of evidence to the contrary C. holding that a statutory presumption is a rule of law requiring a trier of fact to reach a particular conclusion in the absence of evidence to the contrary D. holding that direct evidence if believed by the trier of fact will prove the particular fact in question without reliance upon inference or presumption E. holding defendant failed to rebut statutory presumption where evidence was not particular to the facts and circumstances of the case

assistant: The best answer is C. holding that a statutory presumption is a rule of law requiring a trier of fact to reach a particular conclusion in the absence of evidence to the contrary
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: After giving effect to the consummation of the Plan of Reorganization, the Transactions and the other transactions contemplated hereby and thereby (including at the time of and immediately after giving effect to any Borrowing or the issuance, amendment, renewal or extension of any Letter of Credit, as applicable), (a) the aggregate assets (after giving effect to amounts that could reasonably be received by reason of indemnity, offset, insurance or any similar arrangement), at a fair valuation, of the Borrower and the Guarantors, taken as a whole, will exceed the aggregate debt and liabilities (including subordinated liabilities) of the Borrower and the Guarantors on a consolidated basis, as the debt and liabilities (including subordinated liabilities) become absolute and mature, (b) each of the Borrower and the Guarantors will not have incurred or intended to incur, and will not believe that it will incur, debt and liabilities (including subordinated liabilities) beyond its ability to pay such debt and liabilities (including subordinated liabilities) (after taking into account the timing and amounts of cash to be received by each of the Borrower and the Guarantors and the amounts to be payable on or in respect of its liabilities, and giving effect to amounts that could reasonably be received by reason of indemnity, offset, insurance or any similar arrangement) as such debt and liabilities (including subordinated liabilities) become absolute and mature and (c) each of the Borrower and the Guarantors will not have (and will have no reason to believe that it will have thereafter) unreasonably small capital for the conduct of its business.

assistant: Solvency
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) Commitment Fee . The Borrower agrees to pay to each Lender a commitment fee on the average daily unused amount of such Lender’s Commitment (i) in the case of each Lender on the Effective Date, from the Effective Date or (ii) in the case of any Lender that becomes a Lender after the Effective Date, the effective date specified in the Assumption Agreement or the Assignment and Acceptance pursuant to which it became a Lender, until, in each case, the Termination Date (or, for the avoidance of doubt, the Term-Out Date), payable quarterly in arrears on the first Business Day of each January, April, July and October during the term of such Lender’s Commitment, commencing April 1, 2016, and on the Termination Date, at the rate per annum equal to the Commitment Fee Percentage in effect from time to time.

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: Any notice to the Company provided for in this instrument shall be addressed to the Company in care of the General Counsel and any notice to the Participant shall be addressed to such Participant at the current address shown on the payroll of the Employer. Any notice shall be delivered by hand or enclosed in a properly sealed envelope addressed as stated above, registered and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service or by the postal authority of the country in which the Participant resides or to an internationally recognized expedited mail courier.

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: The Company, at is discretion, may apply for and procure in its own name and for its own benefit, life insurance on Employee in any amount or amounts considered advisable; and Employee shall have no right, title or interest therein. Employee shall submit to any medical or other examination and execute and deliver any applications or other instruments in writing as may be reasonably necessary to obtain such insurance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware. The Company has all power and authority, corporate and otherwise, and all governmental licenses, franchises, Permits, authorizations, consents and approvals required to own and operate its properties and assets and to carry on the Business as presently conducted and as proposed to be conducted. The Company is not qualified to do business as a foreign entity in any jurisdiction, except as set forth on Schedule 5.1, and there is no other jurisdiction in which the character of the property owned or leased by the Company or the nature of its activities make qualification of the Company in any such jurisdiction necessary. The Company has offices located only at the addresses set forth on Schedule 5.1. The Company has not taken any action, adopted any plan, or made any agreement or commitment in respect of any merger, consolidation, sale of all or substantially all of its assets, reorganization, recapitalization, dissolution or liquidation.

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 legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands or other communications provided for hereunder shall be in writing. Notices may be given by personal delivery, by overnight courier, by facsimile transmission, or by certified or registered United Sates mail, return receipt requested. Except as otherwise expressly provided herein, notice shall be deemed to have been given (a) if by personal delivery, on the date of delivery; (b) if by overnight courier, on the earlier of the date delivery is first attempted or the next Business Day after the same has been delivered to a reputable commercial overnight courier; (c) if by facsimile transmission, on the date of such transmission if sent by 3:00 p.m. (Houston time) on a Business Day, or if sent thereafter, on the next Business Day; provided , however , that (i) evidence of a successful transmission shall be retained by the Party sending the same and (ii) a copy of such notice shall also be sent on the same day as the facsimile transmission using another means for giving notice permitted herein; and (d) if by certified or registered United States Mail, on the earlier of the date delivery is first attempted or two (2) Business Days after delivery to the United States Post Office, postage prepaid, return receipt requested. Notices shall be sent to the intended recipient at the addresses set forth below its signature on the signature page, or to the most recent addresses which the intended recipient has provided to the other parties for purposes of, and in accordance with, this Section 10.8 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: disputes with his employer. The crux of our decision in Godfrey, 142 Wn.2d at 898, was that by knowingly and voluntarily agreeing to arbitration, a party implicitly waives his right to a jury trial by agreeing to an alternate forum, arbitration. See also Nat’l Bank of Wash. v. Equity Investors, 81 Wn.2d 886, 912, 506 P.2d 20 (1973) (“One cannot, in the absence of fraud, deceit or coercion be heard to repudiate his own signature voluntarily and knowingly fixed to an instrument whose contents he was in law bound to understand.”). In Malted Mousse, Inc. v. Steinmetz, we affirmed this conclusion noting that by agreeing to arbitration, parties “generally waive their right to a jury.” 150 Wn.2d 518, 526, 79 P.3d 1154 (2003). Accord Cooper v. MRM Inv. Co., 367 F.3d 493, 506 (6th Cir. 2004) (<HOLDING>); Burden v. Check Into Cash of Ky., LLC, 267 Options: A. holding that delay created by defendant in mistakenly agreeing to a waiver of his speedy trial rights is excludable B. holding that where the record showed neither that the trial court explained to the defendant his right to a jury trial nor an effective waiver of the right structural error occurred C. holding that by agreeing to an arbitral forum an employee necessarily waives his right to a jury trial D. holding that failure to raise an issue in an opening brief waives that issue E. recognizing the right to waive a jury trial

assistant: The best answer is C. holding that by agreeing to an arbitral forum an employee necessarily waives his right to a jury 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 legal provision and list the applicable contract clause categories. Provision: No approval of, or consent from, any Governmental Authority or any other Person not holding a direct or indirect ownership interest in Borrower or Guarantor is required in connection with the execution and delivery by Borrower or Guarantor of this Agreement or any of the other Loan Documents to which each is a party, or compliance by Borrower or Guarantor with the Loan Documents to which each is a party, or the consummation of the transactions contemplated hereby and thereby, other than those which have been obtained by Borrower and Guarantor and are in full force and effect.

assistant: Consents
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 Trust shall cooperate in any offering of Registrable Securities under this Agreement, which cooperation shall include, without limitation, the preparation of the Registration Statement with respect to such offering and all other offering materials and related documents and participation in meetings with Underwriters, attorneys, accountants and potential investors. Each Shareholder shall cooperate in the preparation of the Registration Statement and other documents relating to any offering in which it includes securities pursuant to this Agreement. If a Shareholder has included Registrable Securities in a registration, such Shareholder shall also furnish to the Trust such information regarding itself, the Registrable Securities held by it, and the intended method(s) of disposition of such securities as the Trust and/or its counsel shall reasonably request in order to assure full compliance with applicable provisions of the Securities Act and the Exchange Act in connection with the registration of the Registrable Securities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: I, for myself and my heirs, executors, administrators and assigns, do hereby knowingly, voluntarily and unconditionally release, hold harmless and forever discharge TCCC and its subsidiaries, affiliates, joint ventures, joint venture partners, and benefit plans (collectively with TCCC referred to herein as the “Company”), and their respective current and former directors, officers, administrators, trustees, employees, agents, and other representatives, (collectively with the Company, referred to herein as “Releasees”) from all debts, claims, actions, causes of action (including without limitation claims arising from or in connection with my employment, pay, bonuses, vacation or any other benefits, and/or other terms and conditions of employment or employment practices of Company; claims arising out of or relating to the termination of my employment with the Company or the surrounding circumstances thereof; and any causes of action that I may have under the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq. ; the Worker Adjustment and Retraining Notification Act of 1988, 29 U.S.C. § 2101 et seq. ; and those federal, state, local, and foreign laws prohibiting employment discrimination based on age, sex, race, color, national origin, religion, disability, veteran or marital status, sexual orientation, or any other protected trait or characteristic, or retaliation for engaging in any protected activity, including without limitation the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq. (“ADEA”), as amended by the Older Workers Benefit Protection Act, P.L. 101-433; the Equal Pay Act of 1963, 9 U.S.C.§ 206, et seq. ; Title VII of The Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ; the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Civil Rights Act of 1991, 42 U.S.C. § 1981a; the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. ; the Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq. ; the Family Medical Leave Act; and comparable state, local, and foreign causes of action, whether statutory or common law, including but not limited to all claims related to wrongful discharge, negligence, defamation, tort and contract), suits, dues, sums of money, accounts, reckonings, covenants, contracts, claims for costs or attorneys’ fees, controversies, agreements, promises, and all liabilities of any kind or nature whatsoever, at law, in equity, or otherwise, KNOWN OR UNKNOWN, fixed or contingent, which I (or my heirs, executors, administrators and assigns) ever had, now have, or may have based on facts or events that occur on or prior to the date that I execute this Supplemental Full and Complete Release and Agreement on Trade Secrets and Confidentiality (“Agreement”).

assistant: Releases
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 written notices required in this Agreement may be made by personal delivery, facsimile, electronic mail, overnight or other delivery service, or first class mail. Notices by facsimile or electronic mail will be effective when transmission is complete and confirmed; notices by personal delivery will be effective upon delivery; notices by overnight or other delivery services will be effective when delivery is confirmed; and notices by mail will be effective four business days after mailing. The notice address for each party is set forth below the signatures, and is subject to change upon written notice thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is terminated due to her fault, at least until the employee regains employment. Subsection (E) applies in this case, Tyson’s argues, because when she was fired Williams had been employed for less than 100 weeks following the work injury. [¶ 7] In construing section 214(1)(E), “we first examine the plain meaning of the statutory language, ‘and we construe that language to avoid absurd, illogical or inconsistent results.’ ” Temm v. S.D. Warren Co., 2005 ME 118, ¶ 8, 887 A.2d 39, 41 (quoting Jordan v. Sears, Roebuck & Co., 651 A.2d 358, 360 (Me.1994)). “If the statutory language is ambiguous, we then look beyond the plain meaning and examine other indicia of legislative intent, including legislative history.” Temm, 2005 ME 118, ¶8, 887 A.2d at 41. [¶ 8] The statute does not ex .1992) (<HOLDING>); Cousins v. Georgia-Pacific Corp., 599 A.2d Options: A. holding that the injunction did not constitute a claim B. recognizing general enforceability of plan provisions reducing benefits by amount of any social security benefits C. holding failure of reemployment drug test did not constitute grounds for reducing employees benefits D. holding 18 pacsa 7508 effectuates the legislative purpose of reducing drug crimes E. holding pursuant to former title 39 that termination for fault did not constitute grounds for discontinuing benefits

assistant: The best answer is C. holding failure of reemployment drug test did not constitute grounds for reducing employees benefits
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: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) under the Revolving Facility Commitments of any Class and without any further action on the part of the applicable Issuing Bank or the Revolving Facility Lenders, such Issuing Bank hereby grants to each Revolving Facility Lender under such Class, and each such Revolving Facility Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Revolving Facility Lender’s applicable Revolving Facility Percentage of the aggregate amount available to be drawn under such Letter of Credit (calculated, in the case of Alternate Currency Letters of Credit, based on the Dollar Equivalent thereof). In consideration and in furtherance of the foregoing, each Revolving Facility Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the applicable Issuing Bank, in Dollars, such Revolving Facility Lender’s applicable Revolving Facility Percentage of each L/C Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section, or of any reimbursement payment required to be refunded to the Borrower for any reason (calculated, in the case of any Alternate Currency Letter of Credit, based on the Dollar Equivalent thereof). Each Revolving Facility Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or Event of Default or reduction or termination of the Commitments or the fact that, as a result of changes in currency exchange rates, such Revolving Facility Lender’s Revolving Facility Credit Exposure at any time might exceed its Revolving Facility Commitment at such time (in which case Section 2.11(f) would apply), and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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) On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase an aggregate of (i) $333,333.33 face value of 10% original issue discount Notes for a total purchase price of $300,000.00, and (ii) 8,333,333 Warrants, which is equal to 75% of the Shares issuable upon conversion of the purchased Notes, for no additional consideration. Each Purchaser shall deliver to the Company, via wire transfer immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Note and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of Company Counsel or such other location as the parties shall mutually agree. If a Closing is not held on or before February 5, 2018, the Company will return all Subscription Amounts, if any such amounts have been funded, without interest or deduction to each prospective Purchaser.

assistant: Closings
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: cases cited therein. 25 . Townsend, 129 S.Ct. at 2575 n. 12. 26 . Wagner v. Kona Blue Water Farms, LLC, No. 09-00600, 2010 WL 3566730 at *7 (D.Hi. Sept. 13, 2010). The court specifically did not address whether punitive damages were a viable remedy under the general maritime law cause of action for unseaworthiness. See Footnote 1 therein. 27 . Id. 28 . Id. at *7-8. 29 . See, e.g., Seaman v. Seacor Marine LLC, No. 07-3354, 2008 WL 360783, at *2 (E.D.La. Jan. 17, 2008) ("In this circuit, punitive damages are classified as non-pecuniary in nature .... Therefore, as a Jones Act seaman Plaintiff cannot recover them.”); Anderson, 797 F.Supp. at 534 ("[T]he post-Miles district court cases, in this distri on” in the Gulf of Mexico, MDL No. 2179, 2011 WL 4575696, at *11 (E.D.La. Oct. 4, 2011) (<HOLDING>). 31 . See, e.g., Rogers v. Resolve Marine, No. Options: A. holding that punitive damages do not need to be proportional to compensatory damages B. holding that seamen do not have a remedy of punitive damages for personal injuries but nonseamen do C. holding that personal disputes do not constitute persecution D. holding damages do not constitute other equitable relief E. holding a court may not award punitive damages

assistant: The best answer is B. holding that seamen do not have a remedy of punitive damages for personal injuries but nonseamen do
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 not permit any mechanic’s liens or any other liens to be filed against the Premises for any work performed, materials furnished, or any obligation incurred by or at the request of Tenant (collectively, a “Prohibited Lien” ).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: working and has suggested that working be viewed as a residual life activity, considered, as a last resort, only '[i]f an individual is not substantially limited with respect to any other major life activity.' ” Ibid, (quoting 29 C.F.R. pt. 1630, App. § 1630.2(j) (1998)) (emphasis added by Court). The Court did not, however, rule on whether an individual’s relative inability to work constitutes a disability under the ADA because that issue was not disputed by the parties. See ibid. ("Because the parties accept that the term 'major life activities’ includes working, we do not determine the validity of the cited regulations”). 5 . The ADA itself provides that "reasonable accommodation” may include "reassignment to a vacant position.” 42 U.S.C. § 12111(9)(B); Williams, 101 F.3d at 349 (<HOLDING>). 6 . Although the Supreme Court has held that Options: A. holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada B. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation C. holding that the district court erred in suggesting that a qualified ada plaintiff can never rely on reassignment to a vacant position as a reasonable accommodation D. holding that once a reasonable accommodation is made the employer has fulfilled its obligation under the ada E. holding that employee who frequently missed work was not a qualified individual able to perform the essential functions of her job either with or without a reasonable accommodation as required to support disability discrimination and reasonable accommodation claims under the rehabilitation act

assistant: The best answer is C. holding that the district court erred in suggesting that a qualified ada plaintiff can never rely on reassignment to a vacant position as a reasonable accommodation
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: nonetheless entitled to claim derivative asylum relief based on the possibility that their citizen child would be subjected to FGM. In so assuming, the majority’s remand is illusory. Although the practice of FGM is considered persecution under our law, there is no threat here since a United States citizen child cannot be deported to the country of her parents’ birth, and the parents cannot claim an unrecognized form of derivative relief when they themselves cannot establish entitlement to asylum. By usurping the prerogative of Congress, which alone has the power to create a new basis for cancellation of removal, the majority violates the separation of powers doctrine and creates an unnecessary conflict with the Seventh Circuit. See Oforji v. Ashcroft, 354 F.3d 609, 618 (7th Cir.2003) (<HOLDING>). Like the petitioner in Oforji, Mr. and Mrs. Options: A. holding that an aliens express waiver of his right to appeal to the bia deprives this court of jurisdiction to consider the aliens subsequent petition for review B. holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation C. holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding D. holding that the failure to notify aliens counsel of an order to appear for deportation violated the aliens statutory right to counsel E. holding that the crime of bringing aliens to the united states is complete when the initial transporter who brings the aliens to the united states ceases to transport them

assistant: The best answer is B. holding that an alien parent may not establish a derivative claim for asylum by pointing to potential hardship to the aliens united states citizen child in the event of the aliens deportation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and, unless otherwise expressly provided in any such Credit Document, each of the other Credit Documents shall be governed by and construed in accordance with the laws of the State of New York. The scope of the foregoing governing law provision is intended to be all-encompassing of any and all disputes that may be brought in any court or any mediation or arbitration proceeding and that relate to the subject matter of the Credit Documents, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement and the other Loan Documents shall be binding upon and inure to the benefit of the parties hereto and thereto and their respective successors and assigns permitted hereby, except neither any Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent, the Lead Arranger and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the Lead Arranger, and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: request which Allright accommodated. Allright maintains that this is the reason that Memberu, and not Matthews, was asked to work as night manager in 1999. Memberu has failed to raise a genuine issue of fact regarding whether Allright’s nondiscriminatory explanation for the pay differential is either false or a pretext for discrimination. Memberu’s appellate brief focuses on the fact that the two employees were paid different wages. But he never rebuts Allright’s assertion that length of service as a supervisor explains the differential, nor does he offer any other evidence that a discriminatory purpose drove the wage gap between himself and Matthews. As the district court held, these failures are fatal to Memberu’s wage-discrimination claim. See Reeves, 530 U.S. at 148, 120 S.Ct. 2097 (<HOLDING>). B. Discriminatory Denial of Benefits Memberu Options: A. recognizing that whether the employee uses the mcdonnell douglas framework or other evidence to create a prima facie case when the employer offers a legitimate nondiseriminatory reason for its adverse action the question is whether a rational trier of fact could conclude that the employers action was taken for impermissibly discriminatory reasons B. holding that a prima facie case plus disbelief of employers asserted justification for employment action is not necessarily sufficient to establish a violation and that in such cases summary judgment is appropriate unless the plaintiff presents adequate evidence that the employer unlawfully discriminated C. holding that a plaintiff s prima facie case combined with sufficient evidence to find that the employers asserted justification is false may permit the trier of fact to conclude that the employer unlawfully discriminated emphasis added D. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence E. holding that the establishment of a prima facie case and evidence casting doubt on the veracity of the employers explanation is sufficient to find liability

assistant: The best answer is C. holding that a plaintiff s prima facie case combined with sufficient evidence to find that the employers asserted justification is false may permit the trier of fact to conclude that the employer unlawfully discriminated emphasis added
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 prosecute must be motivated by an impermissible factor remains unclear, however. In Wayte, for example, the Court simply observed that the defendant had to prove that the prosecutor was “motivated by” a discriminatory purpose. See Wayte, 470 U.S. at 608, 105 S.Ct. at 1531. Because of the imprecision of such formulations as “motivated by” and “based upon,” it is uncertain whether the impermissible basis must be: (1) the sole or dominant factor in the charging decision, (2) a lessor “but for” cause of the prosecutor’s selection of the defendant, or (3) only one of a number of reasons, however insignificant, for the prosecutor’s decision. Cf. Village of Arlington Heights v. Metropolitan Housing Development Corp., 429 U.S. 252, 264-68, 97 S.Ct. 555, 562-65, 50 L.Ed.2d 450 (1977) (<HOLDING>). When a selective prosecution defense is Options: A. holding that the challenged evidence the government introduced in rebuttal was substantive evidence and not relevant for impeachment purposes because it was not offered to show that the witness was not a credible person but to show that she was not at the defendants home during the relevant time making her testimony that she did not see any drugrelated activity while at the defendants home irrelevant B. holding that only relevant factors must be considered C. holding that the rule 404b evidence admitted to prove intent was clearly relevant because intent was at issue in the trial D. holding thatplaintiff need not show that challenged action was dominant purpose and including list of evidentiary factors relevant to intent determination E. holding extraneous acts relevant to show intent in charged offense

assistant: The best answer is D. holding thatplaintiff need not show that challenged action was dominant purpose and including list of evidentiary factors relevant to intent determination
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 is duly and validly organized and existing and in good standing under the laws of its jurisdiction of incorporation or formation. Each Credit Party is authorized to do business and is in good standing in all jurisdictions in which such qualifications or authorizations are necessary except where the failure to be so qualified or authorized could not reasonably be expected to result in a Material Adverse Change. As of the Restatement Date, each Credit Party’s type of organization and jurisdiction of incorporation or formation are set forth on Schedule 4.1 .

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 case excerpt and choose the best holding from the options. Case excerpt: precedent in this circuit. PER CURIAM: Ronald Satish Emrit appeals the district court’s order dismissing his civil complaint for failure to state a claim and improper venue. We have reviewed the record and find no reversible error. See Buchanan v. Manley, 145 F.3d 386, 388-89 (D.C. Cir. 1998). It is apparent from Emrit’s complaint that no conceivable basis exists for venue in the District of Maryland. See 28 U.S.C. § 1391(b), (c) (2012) (describing venue and residency requirements); O’Neill v. Battisti, 472 F.2d 789, 791 (6th Cir. 1972) (describing “residency” of public official). Moreover, we are satisfied that the interests of justice did not require transferring, rather than dismissing, the action. See Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (<HOLDING>); Simpkins v. D.C. Gov’t, 108 F.3d 366, 370 Options: A. holding that to survive a motion to dismiss a complaint must contain more than an unadorned thedefendantunlawfullyharmedme accusation it must set forth sufficient factual matter accepted as true to state a claim to relief that is plausible on its face quoting twombly 550 us at 570127 sct 1955 B. holding that a complaint must contain only enough facts to state a claim to relief that is plausible on its face C. recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted D. holding that a plaintiffs complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face that is factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged E. holding that a complaint must contain enough facts to state a claim to relief that is plausible on its face

assistant: The best answer is C. recognizing that to survive dismissal a complaint must contain sufficient factual matter accepted as true to state a claim to relief that is plausible on its face internal quotation marks omitted
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: § 3 (“the word ‘vessel’ includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water”); cf. also Keys Jet Ski, Inc. v. Kays, 893 F.2d 1225 (11 Cir.1990); Matter of Guglielmo, 897 F.2d 58 (2 Cir.1990). In this regard, the operation of a motorized jet ski, like a small motor boat, sufficiently implicates traditional maritime activities. Foremost, supra, 457 U.S. at 676, 102 S.Ct. at 2659. As plaintiffs' complaint essentially alleges that decedent was killed as a result of “a collision between two vessels on navigable waters ... [it] properly states a claim within the admiralty jurisdiction of [this] federal court”, id. at 677, 102 S.Ct. at 2659; see also Sisson, supra, 497 U.S. at -, 110 S.Ct. at 2897 (<HOLDING>). It is important to note that this conclusion Options: A. holding that it is the conduct required to obtain a conviction rather than the consequences resulting from the crime that is relevant B. holding that an indictment that is substantially in the language of the code is sufficient inform and substance C. holding that because the activity reported did not constitute any form of criminally illegal activity mcarns narrow public policy exception is not applicable in this instance D. holding that navigation is an example rather than a sole instance of conduct that is substantially related to traditional maritime activity E. holding that standard of review is a matter of procedural rather than substantive law

assistant: The best answer is D. holding that navigation is an example rather than a sole instance of conduct that is substantially related to traditional maritime activity
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 represents, warrants and covenants that Landlord is not currently in default under any of its obligations under the Lease and Tenant is not in default under any of its obligations under the Lease and no event has occurred which, with the passage of time or the giving of notice, or both, would constitute a default by either Landlord or Tenant under the Lease.

assistant: No Defaults
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: this means that if we or you do not commence an arbitration within one year after the dispute first arose , then the arbitration will be dismissed because it was started too late .

assistant: None