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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: automatically require dismissal of Plaintiffs complaint with prejudice. The complaint alleges that Sellers and Defendant signed the Contract, and a copy of the Contract is attached. The answer in turn admits that Sellers and Defendant signed the Com tract, and that an accurate copy of the Contract is attached to the complaint. The complaint also alleges that the Assignment, a copy of which is attached, was signed by Rumaldo Borrego, assigning the Contract to himself, Nick Sanchez, and the Plaintiff as joint tenants, and the Answer admits these allegations, while denying the validity and effectiveness of the Assignment. Therefore, Plaintiff needs no witnesses to admit these documents into evidence in her case in chief. See Chavez v. Gribble, 83 N.M. 688, 689, 496 P.2d 1084, 1085 (1972) (<HOLDING>); Slemmons v. Massie, 102 N.M. 33, 35, 690 P.2d Options: A. holding that if evidence is improperly admitted but other evidence establishes essentially the same facts there is no prejudice to the accused and no reversible error B. holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless C. holding that the defendants confession was erroneously admitted into evidence over objection and the court erred in not sustaining the defendants motion for judgment of acquittal where there was no evidence which tended to establish that the fire was incendiary or which corroborated the defendants statements D. holding there was no rule 404b violation where the evidence was admitted to show knowledge and knowledge was an element of the crime charged E. holding contract itself having been pleaded attached to pleading and admitted was before the court and there was no occasion to offer or receive it into evidence

assistant: The best answer is E. holding contract itself having been pleaded attached to pleading and admitted was before the court and there was no occasion to offer or receive it into evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 4. If a Receiving Party believes it is required by law to disclose any Information under clause 3(d) above, the Receiving Party shall (in each case and to the extent not prohibited in law): a. provide the Disclosing Party with prompt written notice of such requirement or obligation (together with a copy of any relevant access request, court order or other evidence giving rise to such belief) in advance of the required disclosure, to enable the Disclosing Party to seek appropriate protective relief and/or to take other steps to resist or narrow the scope of any required disclosure;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower hereby represents that on and as of the date hereof and after giving effect to this Amendment (a) except as set forth in Section 3.1 hereof, all of the representations and warranties in the Credit Agreement are true, correct, and complete in all material respects, in each case as of the date hereof as though made on and as of such date, except (i) for changes permitted by the terms of the Credit Agreement and (ii) to the extent that any such representations and warranties expressly relate to an earlier date, in which case such representations and warranties were true and correct in all material respects as of such earlier date, (b) there will exist no Default or Event of Default under the Credit Amendment as amended by this Amendment on such date except for the Existing Events of Default, (c) Borrower and each Credit Party is entering into this Amendment freely and voluntarily with the advice of legal counsel of its own choosing, (d) Borrower and each Credit Party has freely and voluntarily agreed to the undertakings set forth in this Amendment, and (e) the terms and conditions of this Amendment do not pose a material hardship on Borrower or such Credit Party.

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 case excerpt and choose the best holding from the options. Case excerpt: that damages for loss of use may be recovered when a vehicle is totally destroyed. Because a vehicle is a complete loss if stolen, a stolen vehicle should be treated in the same way as a completely destroyed vehicle for purposes of loss of use damages. However, recovery for loss of use damages must be limited to a period of time reasonably necessary for securing a replacement. Nashban Barrel & Container Co. v. G.G. Parsons Trucking Co., 49 Wis.2d 591, 182 N.W.2d 448, 454 (1971); Cecere v. Harquail, 104 A.D.2d 6, 481 N.Y.S.2d 533 (1984); Remedies, supra § 5.11, at 385. Here, United indicated it could not afford to purchase a replacement. But, a plaintiffs recovery should not be premised on his or her actual ability to purchase a replacement. See, e.g., New York Cent., 218 N.E.2d at 377 (<HOLDING>); Chesapeake & O. Ry. Co. v. Boren, 202 Ky. Options: A. holding plaintiff who did not purchase an available replacement because of financial inability could nonetheless recover for loss of use of a totally destroyed car B. holding that a plaintiff who did not replace a destroyed tractortrailer due to lack of funds and failure to find a suitable replacement could recover for loss of use of the vehicle limited to a reasonable time C. holding that where the owner of a tractor knew immediately after the accident that the tractor was a total loss damages for loss of use were not recoverable beyond a reasonable time limited to 30 days notwithstanding the owners financial inability to replace the property for eight months D. holding that plaintiff whose truck was demolished in an accident could not recover lost profits unless he could show that he could not obtain a suitable substitute vehicle E. holding that the repair or replace limitation of liability capped the insurers liability at the amount necessary to return the car to substantially the same condition as before the loss and did not include liability for loss due to stigma on resale

assistant: The best answer is B. holding that a plaintiff who did not replace a destroyed tractortrailer due to lack of funds and failure to find a suitable replacement could recover for loss of use of the vehicle limited to a reasonable time
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: Social Services, Inc., 509 U. S. 43, 56-66 (1993) (similar). In line with this mode of analysis, the court below, after concluding that the Medicare Act does not preclude general federal-question jurisdiction over a preenforcement challenge to the Secretary’s regulations, held that respondent’s APA notice-and-comment challenge was ripe but that its . constitutional vagueness claim was not. 143 F. 3d, at 1076-1077. express no view on the proper application of ripeness doctrine to respondent’s claims, I am confident that this method of analysis enjoys substantially more support in our eases than does the majority’s approach, which prescribes a case-by-case hardship inquiry at the threshold stage of determining whether preenforcement review has been precluded by statute. See ante, at 20 (<HOLDING>). While the majority’s variation would be Options: A. holding that 1395u does not incorporate 405h where the aggrieved party can obtain no review at all unless it can obtain judicial review in a 1331 action B. holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record C. holding that a party to an administrative proceeding failed to effectively obtain judicial review where the party filed a response to another partys petition rather than a separate petition D. holding that a party may not invoke the capable of repetition yet evading review exception where its failure to obtain prompt relief has prevented judicial review E. holding failure to argue elements or obtain ruling on judicial estoppel precluded review

assistant: The best answer is A. holding that 1395u does not incorporate 405h where the aggrieved party can obtain no review at all unless it can obtain judicial review in a 1331 action
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 respond to his requests for legal materials and denials of his requests for cases even for mere typographical errors, despite his diligence in attempting to locate case law from the scarce resources provided. As this Court held in a much earlier case alleging denial of access to legal materials at DCC, although such damages are difficult to calculate, we must “be guided by conscience, a sense of fairness, and the well established rule that the difficulties inherent in translating human experience into economic worth must not preclude compensation for a demonstrated loss.” Johnson v. Anderson, 420 F.Supp. 845, 852 (D.Del.1976). In Johnson, this Court awarded the plaintiffs $300.00 each as compensatory damages. See id.; see also Brooks v. Andolina, 826 F.2d 1266, 1269-70 (3d Cir.1987) (<HOLDING>). Using Johnson as our guide, and considering Options: A. holding that a court may conduct a fair use analysis as a matter of law where the facts are presumed or admitted B. holding that provision barring recovery of consequential damages did not necessarily bar all loss of use damages but damages for loss of use of money were consequential C. holding that claimants may be entitled to damages for loss of use and enjoyment in addition to returned rents and profits D. holding inmate was entitled to presumed damages to compensate for loss of such privileges as use of the law library E. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss

assistant: The best answer is D. holding inmate was entitled to presumed damages to compensate for loss of such privileges as use of the law library
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 Article and/or Section headings and the Table of Contents in this Agreement are included herein for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. The Schedules and Exhibits annexed hereto are hereby incorporated herein as a part of this Agreement with the same effect as if set forth in the body hereof.

assistant: Headings
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: wrong.” Id. at 2. In Glus v. Brooklyn Eastern District Terminal, 359 U.S. 231, 79 S.Ct. 760, 3 L.Ed.2d 770 (1959), the United States Supreme Court followed the “maxim that no man may take advantage of his own wrong” in holding that the defendant was estopped from raising a statute of limitations defense where the defendant had induced the delay in plaintiff bringing suit. Id. at 231-32, 79 S.Ct. 760. Accordingly, the United States Supreme Court held that if the plaintiff was justifiably misled by the defendant into a good faith belief that he could begin his action outside the statute of limitations, plaintiff was entitled to have the case tried on the merits. Id. at 235, 79 S.Ct. 760; see also Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89, 96, 111 S.Ct. 453, 112 L.Ed.2d 435 (1990) (<HOLDING>) (citations omitted). Plaintiff also argues Options: A. holding that the filing deadline under title vii is not a jurisdictional prerequisite to suit in federal court but a requirement that like a statute of limitations is subject to waiver estoppel and equitable tolling B. holding that equitable tolling is allowed where the complainant had been induced or tricked by his adversarys misconduct into allowing the filing deadline to pass C. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling D. holding equitable tolling was not warranted where counsel misadvised client as to the deadline to file a habeas petition E. holding that equitable tolling of a statute of limitations may be triggered 1 where a plaintiff has actively pursued his judicial remedies by a filing a defective pleading during the statutory period or 2 where a plaintiff was induced or tricked by his adversarys misconduct into allowing the filing deadline to pass

assistant: The best answer is B. holding that equitable tolling is allowed where the complainant had been induced or tricked by his adversarys misconduct into allowing the filing deadline to pass
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 herein, all payments by Borrower under the Loan Documents shall be made to the respective Lender to which such payments are owed, at such Lender’s office in immediately available funds on the date specified herein. Unless otherwise provided, interest is payable monthly on the Payment Date of each month. Payments of principal and/or interest received after 3:00 p.m. Eastern time are considered received at the opening of business on the next Business Day. When a payment is due on a day that is not a Business Day, the payment is due the next Business Day and additional fees or interest, as applicable, shall continue to accrue until paid. All payments to be made by Borrower hereunder or under any other Loan Document, including payments of principal and interest, and all fees, expenses, indemnities and reimbursements, shall be made without set ‑off, recoupment or counterclaim, in lawful money of the United States and in immediately available funds.

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 legal provision and list the applicable contract clause categories. Provision: Your position at the Company will be as Chief Executive Officer (“ CEO ”). As CEO, you shall have supervision and control over and responsibility for the day-to-day business and affairs of the Company and shall have such other powers and duties as may from time to time be prescribed by the Board of Directors of the Company (the “ Board ”). For so long as you serve as CEO, the Company shall nominate you for election to the Board by the Company’s shareholders. Upon the ending of your employment as CEO, you shall immediately resign from the Board as well as from any other position(s) to which you were elected or appointed in connection with your position as CEO. You will begin your employment with the Company no later than February 6, 2017. For purposes of this Agreement, the actual first date of your employment shall be the “ Start Date ”.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the sale, K & V had a duty to disclose to Brown in writing “in no smaller than 10 point type [that] ‘This vehicle’s title contains the designation “salvage” or “rebuilt”.’ ” Id.; see also Trailmobile, Inc. v. Cook, 540 So.2d 683 (Ala. 1988) (indicating that the Act established a standard of conduct for persons or corporations who come within its terms and created a duty for such persons or corporations to comply with the Act; such obligation is written into contracts by operation of the Act). The fact that Brown signed a number of documents indicating that she was purchasing the vehicle “as is” did not relieve K & V of its obligation to disclose to her that the vehicle was a salvage vehicle in accordance with § 32-8-87(p). See Danley v. Murphy, 658 So.2d 483 (Ala.Civ.App.1994) (<HOLDING>). We note that Danley v. Murphy, supra, was Options: A. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made B. holding that plaintiffs were not entitled to an action for recision on contract for sale of real property based on fraud when they had treated contract as valid for more than a year after discovering the fraud C. holding that immunity from suit precluded claim for breach of contract for sale of county property and request for specific performance of contract D. holding that a claim arises from the purchase or sale of a security only if there is an allegation of fraud in the purchase sale or issuance of the instrument E. recognizing that in certain circumstances a fraud claim is not necessarily precluded by an as is purchase contract for the sale of a used automobile that had a salvage title

assistant: The best answer is E. recognizing that in certain circumstances a fraud claim is not necessarily precluded by an as is purchase contract for the sale of a used automobile that had a salvage title
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 Loan Parties shall pay (i) all reasonable and documented out-of-pocket expenses incurred by the Agent and its Affiliates (including the reasonable and documented fees, charges and disbursements of counsel for the Agent), in connection with the syndication of the credit facilities provided for herein, the preparation, negotiation, execution, delivery and administration of this Agreement and the Other Documents or any amendments, modifications or waivers of the provisions hereof or thereof (whether or not the transactions contemplated hereby or thereby shall be consummated), (ii) all reasonable and documented out-of-pocket expenses incurred by the Issuer in connection with the issuance, amendment, renewal or extension of any Letter of Credit or any demand for payment thereunder, (iii) all out-of-pocket expenses incurred by the Agent, any Lender or the Issuer (including the fees, charges and disbursements of any counsel for the Agent, any Lender or the Issuer), in connection with the enforcement or protection of its rights (A) in connection with this Agreement and the Other Documents, including its rights under this Section, or (B) in connection with the Advances made or Letters of Credit issued hereunder, including all such out-of-pocket expenses incurred during any workout, restructuring or negotiations in respect of such Loans or Letters of Credit, and (iv) all reasonable and documented out-of-pocket expenses of the Agent’s regular employees and agents engaged periodically to perform audits of the Loan Parties’ books, records and business properties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in prison. The court thus found it necessary to protect society from Martinez for the longest time period possible. The court ruled that a life sentence was necessary to deter others engaged in gang activity, and that Martinez’s rehabilitative needs would not be better served by a lesser sentence. The court therefore concluded that it would have imposed the same sentence had it known the guidelines were advisory rather than mandatory. We have held that a properly calculated guidelines sentence is entitled to a rebuttable presumption of reasonableness. United States v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005). The district court has given a very thorough analysis of the section 3553(a) factors in support of that sentence. See United States v. Dean, 414 F.3d 725, 729 (7th Cir.2005) (<HOLDING>). Under the law of this circuit, that would be Options: A. holding that a sentencing judge would commit a statutory error if the judge failed to consider the applicable guidelines range as well as the other factors listed in section 3553a B. holding that sentence is reasonable when the district court properly addresses sentencing factors of 3553a C. recognizing that the weight to be afforded any given argument made pursuant to one of the section 3553a factors is a matter firmly committed to the discretion of the sentencing judge D. holding that the sentencing judge need only provide an adequate statement of the judges reasoning consistent with section 3553a for thinking that the sentence selected is indeed appropriate for the particular defendant E. holding that the courts statement that the sentence was sufficient and a greater sentence is not necessary did not contradict the requirements of 3553a

assistant: The best answer is D. holding that the sentencing judge need only provide an adequate statement of the judges reasoning consistent with section 3553a for thinking that the sentence selected is indeed appropriate for the particular defendant
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: Mr. DeCarlo specifically covenants and agrees not to, directly or indirectly, make or cause to be made to anyone any statement, orally or in writing, criticizing or disparaging the Company with respect to his employment with the Company. The Company specifically covenants and agrees not to, directly or indirectly, make or cause to be made to anyone any statement, orally or in writing, criticizing or disparaging Mr. DeCarlo with respect to his employment with the Company. Further, from and after the date of this Agreement, Mr. DeCarlo shall refrain from (i) discussing the terms of this Agreement with any party other than Mr. DeCarlo’s spouse, attorney, or accountant (except to the extent Mr. DeCarlo legally is compelled to do so); (ii) initiating any communication regarding Mr. DeCarlo’s involvement with the Company or the Company in general with any of the Company’s past or present directors, officers, employees, shareholders, agents, potential acquisition candidates or with any other party engaged or involved, in any manner, in the death care industry who has a relationship with the Company; and (iii) holding himself out as being associated, in any manner, with the Company, including by attending any conference or event on behalf of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is the product of negotiations among the Parties, and in the enforcement or interpretation hereof, is to be interpreted in a neutral manner, and any presumption with regard to interpretation for or against any Party by reason of that Party having drafted or caused to be drafted this Agreement, or any portion hereof, shall not be effective in regard to the interpretation hereof. The Parties were each represented by counsel during the negotiations and drafting of this Agreement and continue to be represented by counsel. In addition, this Agreement shall be interpreted in accordance with section 102 of the Bankruptcy Code.

assistant: Interpretations
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: through his enjoyment of the proceeds. Adopting this approach would go too far, potentially extending the offense of bank fraud indefinitely. No doubt,- the vast majority of bank fraud schemes entail not only obtaining but also retaining the ill-gotten gains. But when the proceeds of a criminal venture are spent may not be viewed as part of a plan to defraud. See Anderson, 188 F.3d at 891. To rule otherwise and hold that failure to repay a fraudulently obtained bank loan constitutes conduct for the offense of bank fraud would extend the life of the offense so indefinitely as to render the ex post facto prohibition ineffective. The Supreme Court has cautioned against such a result in other contexts. See Grunewald v. United States, 353 U.S. 391, 402, 77 S.Ct. 963, 1 L.Ed.2d 931 (1957) (<HOLDING>). Kilkenny’s M & T bank fraud scheme was Options: A. holding that two conspiracies existed where the members of the second conspiracy did not know about the first conspiracy did not benefit from the first conspiracy and were connected with the first conspiracy only through a middleman B. holding a conspiracy to conceal should not be inferred from acts of concealment because every conspiracy will inevitably be followed by actions taken to cover the conspirators traces and the opposite result would extend the life of a conspiracy indefinitely C. holding that once a defendant becomes associated with a conspiracy he is responsible for all of the acts of the conspiracy even those which occurred before or after his association with the conspiracy D. holding that the notion of enterprise conspiracy has largely rendered the old distinction between single conspiracy and multiple conspiracy irrelevant to rico conspiracy charges E. holding that in a conspiracy case venue lies where the conspiracy agreement was formed or in any jurisdiction where an overt act in furtherance of the conspiracy was committed by any of the conspirators

assistant: The best answer is B. holding a conspiracy to conceal should not be inferred from acts of concealment because every conspiracy will inevitably be followed by actions taken to cover the conspirators traces and the opposite result would extend the life of a conspiracy indefinitely
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: ADTRAN, Inc. has no obligation or liability whatsoever to maintain the Plan for any length of time and may terminate the Plan at any time without any liability hereunder for any such discontinuance or termination. Such termination shall comply with Treasury Regulations section 1.409A-3(j)(ix) and other applicable guidance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, any L/C Issuer and the Swing Line Lender, the replacement of any Lender, the termination of the Aggregate 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 case excerpt and choose the best holding from the options. Case excerpt: type of illegal action that can reasonably be read to preclude coverage. Cf. Lennon v. Metro. Life Ins. Co., 504 F.3d 617, 621 (6th Cir.2007) (using tort law to inform question of whether a crash caused by drunk driving was an “accident”). Under the majority rule of modern tort law, neither driving without insurance nor driving without a license is by itself even negligent. Fed.R.Evid. 411 (“Evidence that a person was or was not insured against liability is not admissible upon the issue whether the person acted negligently or otherwise wrongfully.”); Miss. R. Evid. 411 (same); Waugh v. Suburban Club Ginger Ale Co., 167 F.2d 758, 759 (D.C.Cir.1948) (lack of a D.G. driver’s license is not relevant to question of negligence); Myrick v. Holifield, 240 Miss. 106, 126 So.2d 508, 511 (1961) (<HOLDING>); R.P. Davis, Lack of Proper Automobile Options: A. holding that the race of the prosecutor is irrelevant B. holding that this lack of any reasonable expectation of continued employment suffices to establish the lack of property in the constitutional sense and hence the lack of a viable due process claim C. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act D. holding that the lack of a drivers license is totally irrelevant to the issue of negligence E. holding that the burden of proving lack of negligence is on the owner

assistant: The best answer is D. holding that the lack of a drivers license is totally irrelevant to the issue of negligence
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 Awards (including any proceeds, gains or other economic benefit actually or constructively received by a Holder upon any receipt or exercise of any Award or upon the receipt or resale of any Shares underlying the Award and any payments of a portion of an incentive-based bonus pool allocated to a Holder) shall be subject to the provisions of any claw-back policy implemented by the Company, including, without limitation, any claw-back policy adopted to comply with the requirements of Applicable Law, including, without limitation, the Dodd-Frank Wall Street Reform and Consumer Protection Act and any rules or regulations promulgated thereunder, whether or not such claw-back policy was in place at the time of grant of an Award, to the extent set forth in such claw-back policy and/or in the applicable Award Agreement.

assistant: Forfeitures
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 Party hereby agrees that money damages may not be a sufficient remedy for any breach of this Agreement by any other Party and that a Party may be entitled to injunctive relief, specific performance or other appropriate equitable remedies for any such breach (without posting a bond or other security). Any such remedies of a Party shall not be deemed to be the exclusive remedy for any breach of this Agreement by the Contributors or the Company, but shall be in addition to all other remedies available to such Party at law or in equity.

assistant: Specific Performance
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 represents the entire agreement and understanding between the Company and Employee concerning the subject matter of this Agreement and Employee’s employment with and separation from the Company and the events leading thereto and associated therewith, and supersedes and replaces any and all prior agreements and understandings concerning the subject matter of this Agreement and Employee’s relationship with the Company, with the exception of the Confidentiality 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 case excerpt and choose the best holding from the options. Case excerpt: on the neutral reportage privilege assumes the challenged statements were false. It is a doctrine that provides an exception to liability for what could otherwise be a defamatory statement. Since we have affirmed the trial court’s grant of summary judgment to Sunbelt based on its finding the newspaper article did not contain false and defamatory statements about the plaintiff, we need not reach this alternative ground in support of summary judgment. See, e.g., Ross, 266 S.C. at 80, 221 S.E.2d at 772 (“Since we agree with the trial judge’s determination that the [newspaper] articles were clearly not false or defamatory, we need not reach the question of qualified privilege.”); Fuller-Ahrens Partnership v. S.C. Dep’t of Highways & Pub. Transp., 311 S.C. 177, 427 S.E.2d 920 (Ct.App.1993) (<HOLDING>); Weeks v. McMillan, 291 S.C. 287, 292, 353 Options: A. holding that an appellate court may affirm a grant of summary judgment on any ground appearing in the record even if the circuit court did not rely on it B. holding that the trial court may not grant summary judgment on a ground not raised in the motion C. holding that appellate courts need not discuss remaining issues when determination of a prior issue is dispositive D. holding where an appellate court affirms trial courts grant of summary judgment on a particular ground the appellate court need not discuss the remaining grounds E. holding appellate court need not discuss remaining issues when decision on prior issue disposes of appeal

assistant: The best answer is D. holding where an appellate court affirms trial courts grant of summary judgment on a particular ground the appellate court need not discuss the remaining grounds
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (including the Exhibits hereto) together with the Separation Agreement constitute the entire agreement, and supersedes all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings between the Parties with respect to the subject matter hereof and thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Servicer represents, warrants and covenants that it has obtained and shall continue to maintain in full force and effect a fidelity bond or comparable insurance in such form and amount as is customary for prudent servicers acting as custodian of funds and documents in respect of consumer contracts similar to the Receivables on behalf of institutional investors. All insurance required to be maintained pursuant to this section shall name the Borrower as an additional insured.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: considered properly filed pursuant to § 2244(d). Id. at 727-28. First, the Ninth Circuit noted that Artuz specifically declined to decide what to do when the time of filing statute contains exceptions. Id. at 727. The Ninth Circuit then reasoned that if a state system provides for exceptions to its filing requirement, then the state court must first examine the merits of the petition to determine if one of the exceptions apply before dismissing it. Id. at 728. Thus, the Dictado court concluded, if a state court provides exceptions to the statutory time limit for filing, that statute “is properly regarded as a ‘condition to obtaining relief rather than a ‘condition to filing.’ ” Id. The Fifth Circuit has joined the Ninth Circuit in this conclusion. See Smith v. Ward, 209 F.3d 383 (2000)(<HOLDING>). Thus, it appears, the Ninth and Fifth Options: A. holding that although louisiana court held postconviction petition untimely filed statutory exceptions to filing requirement rendered petition properly filed for purposes of 2244d B. holding that a second or subsequent state petition for postconviction relief filed according to the procedural rules of the state constitutes a properly filed application without regard to the merits of the petition C. holding that untimely petition for postconviction petition divests trial court of jurisdiction D. holding that third state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed E. holding that second state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed

assistant: The best answer is A. holding that although louisiana court held postconviction petition untimely filed statutory exceptions to filing requirement rendered petition properly filed for purposes of 2244d
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 possession of a controlled substance count and the other pertains only to the possession of a controlled substance for sale count) include the cause number and the judge’s name, indicate that Winings pleaded guilty to the charges, list the charges and whether they are felonies and their maximum penalties, and state Winings’ sentence. 2 These documents were, however, submitted to this court as exhibits 1-5. 3 In addition, Winings’ argument is not supported by the cases he cites. In each of these cases, the court found the charging instrument constitutionally deficient because it failed to allege an essential element of the crime charged — not because the instrument was otherwise factually deficient as Winings asserts. See State v. Clowes, 104 Wn. App. 935, 940, 18 P.3d 596 (2001) (<HOLDING>); and State v. Franks, 105 Wn. App. 950, 959, Options: A. holding that the failure to charge an essential element of a crime in the indictment is an error which should be noted by an appellate court sua sponte as plain error B. holding that failure to identify the defendant in the information is an omission of an essential element because the primary purpose of the charging document is to inform the defendant of the nature of the accusations brought against him C. holding that the omission of an element from the jury charge is subject to harmlesserror review D. holding under a plain error analysis that a failure to charge the jury with an essential element did not warrant reversal of the conviction where the evidence supporting that element was overwhelming E. holding that failure to identify the victim where the charge was interfering with domestic violence reporting is an omission of an essential element because the crime must be committed against a family or household member

assistant: The best answer is E. holding that failure to identify the victim where the charge was interfering with domestic violence reporting is an omission of an essential element because the crime must be committed against a family or household member
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: Beginning on the date hereof, interest will accrue on the principal sum outstanding, and from time to time outstanding, at a rate equal to ten percent (10.0%) per annum, based upon actual days outstanding and a 365/366 day year (“Rate”). Interest will be earned daily and payable to Lender monthly. The first payment shall be due on the 1 st day of the month following the date of this Note, and on the 1 st day of each and every month thereafter during the term of this Note; except that if the first payment would be due within ten (10) days of the date of this Note then in such case the first payment shall not be due until the 1 st day of the following month. The outstanding principal balance together with all accrued and unpaid interest shall be due and payable on June 30, 2018 (“Maturity Date”). All payments of principal and interest shall be made in lawful currency of the United States of America, which shall be legal tender in payment of all debts, public and private, at the time of payment. This Note maybe prepaid in whole or in part at any time without fee, premium or penalty. If the borrowing base on the secured portion of this relationship drops during the life of this promissory note, the balance on this unsecured promissory note will increase so that the balance of principal on this note is $4,000,000 minus the borrowing base amount.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller and Buyer each acknowledge that it has been represented by its own legal counsel in connection with this Agreement and the transactions contemplated by this Agreement. Accordingly, any rule of law, or any legal decision that would require interpretation of any claimed ambiguities in this Agreement against the Party that drafted it, has no application and is expressly waived.

assistant: Interpretations
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 filed with the SEC its audited balance sheet as of December 31, 2015 (the “ Statement Date ”), and the audited statements of income and cash flows for the year ending on the Statement Date (together, the “ Audited Financial Statements ”), and its unaudited balance sheet as of March 31, 2016, and the unaudited statements of income and cash flows for the quarter ended March 31, 2016 (together, the “ Unaudited Financial Statements ”). The Audited Financial Statements and the Unaudited Financial Statements, together with the notes thereto, have been prepared in accordance with generally accepted accounting principles in the United States, consistently applied throughout the periods indicated, subject in the case of the Unaudited Financial Statements, to normal year-end adjustments, and present fairly in all material respects the financial condition and position and results of operation of the Company as of the Statement Date or March 31, 2016, as applicable, and for the periods indicated.

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 legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in multiple counterparts, each of which shall be deemed an original and all of which when taken together, shall constitute a whole. It shall be fully executed when each party whose signature is required has signed at least one counterpart notwithstanding that all parties have not executed the same counterpart. The parties agree that signatures transmitted by facsimile shall be binding as if they were original signatures.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: support, a Mozingo claim in a suit by a patient). Thus, the students have not cited, and we have not found, a single North Carolina case permitting unrelated third party victims of a patient to sue the patient’s health care providers for medical malpractice, or even suggesting that such claims are possible. Instead, North Car olina courts have emphasized the policy reasons counseling rejection of such suits; “ ‘doctors- should owe their duty to their patient and not to anyone else’ so as not to compromise this primary duty.” Russell v. Adams, 125 N.C.App. 637, 482 S.E.2d 30, 33 (N.C.Ct.App.1997) (rejecting a third party claim of harm based on the care provided by a medical provider to a patient) (citations omitted); see also Childers v. Frye, 201 N.C. 42, 158 S.E. 744, 746 (N.C.1931) (<HOLDING>); Nash v. Royster, 189 N.C. 408, 127 S.E. 356, Options: A. holding that terminally ill patients do not have a fundamental liberty interest in committing suicide B. holding doctors letter is inadmissible hearsay C. holding that a patients settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors D. holding that doctors do not have to accept patients E. holding that doctors may limit the extent of their responsibility to patients by narrowing the scope of the doctorpatient relationship

assistant: The best answer is D. holding that doctors do not have to accept patients
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: mobile. Thus, when a tenant sells his mobile home, the home remains on the rent-controlled space, resulting in a higher price to the buyer than a home on a space not subject to rent control. See Hall v. City of Santa Barbara, 833 F.2d 1270, 1273-74 (9th Cir.1987), cert. denied, 485 U.S. 940, 108 S.Ct. 1120, 99 L.Ed.2d 281 (1988). 4 . The Supreme Court has since held that compensation is required for losses incurred while an invalid regulation was in effect. See First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304, 318-19, 107 S.Ct. 2378, 2387-88, 96 L.Ed.2d 250 (1987). The relevant date for an inquiry as to the status of the state law, however, is the time of the taking. See Williamson, 473 U.S. at 194, 105 S.Ct. at 3120; Del Monte Dunes, 920 F.2d at 1507 (<HOLDING>). 5 . Contrary to the suggestion in the Options: A. holding ripe a claim for a pre1987 taking because prior to first english california law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation B. holding that inverse condemnation claim challenging as a regulatory taking the states placement of a guard rail that blocked former access was not ripe for adjudication where owners had failed to apply for permit for alternative approach and it therefore was not possible to assess whether a taking had occurred as a result of a deprivation of all reasonable access C. holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs D. holding that allegations that states lease and actions that resulted in taking of oil and gas were sufficient to state claim for inverse condemnation E. holding that there is no right to monetary compensation for a regulatory taking in an inverse condemnation action

assistant: The best answer is A. holding ripe a claim for a pre1987 taking because prior to first english california law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation