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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement will be governed by, and construed in accordance with, the laws of the State of New York applicable to agreements made and to be performed entirely in such State. This Agreement may not be assigned by either party without the prior written consent of the other party. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and permitted assigns. Any right to trial by jury with respect to any dispute arising under this Agreement or any transaction or conduct in connection herewith is waived. Any dispute arising under this Agreement may be brought into the courts of the State of New York or into the Federal Court located in New York, New York and, by execution and delivery of this Agreement, the Company hereby accepts for itself and in respect of its property, generally and unconditionally, the jurisdiction of aforesaid courts. Each party hereto hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by delivering a copy thereof via overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any manner permitted by law. If either party shall commence an action or proceeding to enforce any provisions of a Transaction Document, then the prevailing party in such action or proceeding shall be reimbursed by the other party for its attorney’s fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

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: This Agreement is governed by, and is to be construed and enforced in accordance with, the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of laws. Executive agrees that no dispute or claim under this Agreement may be commenced, prosecuted or continued in any court other than the courts of the Commonwealth of Pennsylvania located in the city and county of Philadelphia or in the United States District Court for the Eastern District of Pennsylvania, which courts shall have jurisdiction over the adjudication of such matters, and Executive consents to the jurisdiction of such courts and personal service with respect thereto. The Corporation, the Bank and Executive hereby waive their respective rights to a trial by jury.

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: Upon the terms and subject to the conditions set forth in this Agreement, each party hereto shall use commercially reasonable efforts to take, or cause to be taken, all actions, and do, or cause to be done, and to assist and cooperate with the other party or parties in doing, all things necessary, proper or advisable to consummate the transactions contemplated hereby and to satisfy or cause to be satisfied all of the conditions precedent that are set forth in Article VI , as applicable to each of them.

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 case excerpt and choose the best holding from the options. Case excerpt: the injury occurred to be the place where the product was designed and manufactured”). 7 . Mrs. Pounders does not challenge application of the statute of repose against Enserch. 8 . BW's subsidiary, Byron Jackson Pumps, designed and installed the pumps, which included asbestos-related components. For ease of reference, we refer to BW as the entity that performed these functions. 9 . See Ball, 877 P.2d at 47 n. 3 (collecting cases); Fine v. Huygens, DiMella, Shaffer & Assocs., 57 Mass.App.Ct. 397, 783 N.E.2d 842, 847-48 (2003) (applying activity analysis and concluding statute of repose applies to design professionals who supplied exterior wall panel but does not apply to suppliers who provided stock windows); Abbott v. John E. Green Co., 233 Mich.App. 194, 592 N.W.2d 96, 102 (1998) (<HOLDING>); Pendzsu v. Beazer East, Inc., 219 Mich.App. Options: A. holding statements of product superiority and that product was industry approved were puffery B. holding that opinion work product is entitled to nearly absolute protection with limited exceptions C. holding under activity analysis contractors who designed and installed asbestos product were entitled to protection of statute of repose D. holding that the nexus between an asbestos product and plaintiff may be established by direct and circumstantial evidence and that testimony by someone with knowledge relating to the plaintiffs workplace exposure to an asbestoscontaining product is admissible E. holding that opinion where product is entitled to nearly absolute protection with some limited exceptions

assistant: The best answer is C. holding under activity analysis contractors who designed and installed asbestos product were entitled to protection of statute of repose
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: added); see Yerdon v. Henry, 91 F.3d 370, 375 (2d Cir.1996) (finding that a labor union could be liable under Title VII). In the Court’s view, the Plaintiffs allegations as to her alleged employment relationship with the Union are conclusory and fail to satisfy the liberal pleading standards in Title VII cases. See e.g. Yusuf v. Vassar College, 35 F.3d 709, 713-14 (2d Cir.1994) (dismissing the claims based on the plaintiffs conclusory assertions of ra cial and gender discrimination against a university); Timmons v. City of Hartford, 288 F.Supp.2d 712, 717-18 (D.Conn.2003) (dismissing the complaint based in part on the fact that no factual allegations were provided in support of the discrimination claim); Richards v. Frank, No. CV-89-3087, 1991 WL 35502, at *1-*2 (E.D.N.Y. Mar. 6, 1991) (<HOLDING>). The only nonconclu-sory allegations of Options: A. holding that plaintiffs allegations of abuse did not amount to the allegations of torture required by 1605a7 to survive a motion to dismiss B. recognizing inferential factual allegations to defeat a motion to dismiss C. holding that allegations against nondiverse defendants must be factual not conclusory because conclusory allegations do not state a claim D. holding it appropriate to grant a motion to dismiss a discrimination claim where claim is not supported by factual allegations E. holding that factual disputes are inappropriate for disposition on a motion to dismiss

assistant: The best answer is D. holding it appropriate to grant a motion to dismiss a discrimination claim where claim is not supported by factual allegations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties have carefully reviewed the provisions of this Agreement and agree that they are fair and equitable. However, in light of the possibility of differing interpretations of law and changes of circumstances, the parties agree that in the event that any section, paragraph or term of this Agreement shall be determined to be invalid or unenforceable by any competent authority or tribunal for any reason, the remainder of this Agreement shall be unaffected thereby and shall remain in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant shall protect, indemnify, defend (with counsel reasonably acceptable to Landlord) and hold Landlord and Landlord’s partners, lenders, officers, employees, agents, representatives, and each of their respective heirs, representatives, successors and assigns (collectively, the “ Indemnitees ”) harmless from and against any and all asserted, threatened or actual claims (including third party claims), judgments, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and costs (including, but not limited to, attorneys’, experts’ and consultants’ fees and court costs), of any nature whatsoever (collectively, the “ Claims ”), arising from any brokerage commission, finder’s fees or other amount due or payable in connection with this Agreement or termination of the Lease by any third parties claiming to act on behalf of Tenant. The indemnity set forth herein and in the Lease shall survive the termination of the Lease hereunder and shall continue in effect for as long as the Indemnitees may be subject to any of the Claims described above.

assistant: Indemnifications
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 Executive shall be entitled to receive prompt reimbursement for all reasonable business expenses incurred by him during the Transition Period in performing services hereunder, in accordance with the policies and procedures then in effect and established by the Company. In addition to the foregoing, the Executive shall be entitled to (i) a monthly car allowance of $600 payable monthly during the Transition Period, and (ii) a one-time reimbursement of legal expenses related to the negotiation of this Transition Agreement up to a maximum of $10,000.

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: $1,615,000 from the debtor. In either event, it is obvious that the debtor has a legal right to whatever ownership interest WPN obtained in the Poydras building, because all of WPN’s capital contribution was derived from the borrowing against the equity in the debtor and both theories deprive the debtor of that interest and the priority return that accompanied it. The Court finds that the debtor has a legal claim to the ownership interest in the Poydras building. Consequently, the Court finds that the debtor met its burden of proof and the transfer is void as fraudulent pursuant to Virginia Code § 55-80. Generally, when dealing with real property, voiding the transfer and restoring title to the previous owner is appropriate. See Price v. Hawkins, 247 Va. 32, 37, 439 S.E.2d 382 (1994) (<HOLDING>). This case, however, presents a unique set of Options: A. recognizing contribution in the appropriate case B. holding that because the case did not involve realty where title could be restored monetary damages were appropriate C. holding that any part of a foreign decree which attempted to determine ultimate title to north carolina realty is void D. holding that because a county is not a person for purposes of a section 1983 claim it cannot be sued where the remedy sought is monetary damages E. holding that because plaintiff did not apply for a job he could not be rejected in a title vii case

assistant: The best answer is B. holding that because the case did not involve realty where title could be restored monetary damages were appropriate
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: You agree that following the termination of your employment for any reason, you will reasonably cooperate at mutually convenient times in connection with (a) the defense of, or prosecution by, the Company or any of its affiliates with respect to any threatened or pending litigation, arbitration, or in any investigation or proceeding by any governmental agency or body that relates to any events or actions which occurred during the term of your employment with, or service to, the Company; and (b) any audit of the financial statements of the Company or its affiliates with respect to the period of time when you were employed by the Company. The Company shall: (i) promptly reimburse you for any reasonable travel or other expenses incurred by you in connection with such cooperation; and (ii) except during any period you are receiving severance, compensate you for any time spent in providing such cooperation at an hourly rate of pay calculated based on your Base Salary as of the Separation Date divided by 2080, provided, however, that the Company will not compensate you for any time you spend providing testimony in any legal proceeding.

assistant: Litigations
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 § 803.09, Stats. While the court acknowledged that there was no different procedure for intervention set out in ch. 48, Stats., see David S., 179 Wis. 2d at 143-44, 507 N.W.2d at 104-05, it nonetheless recognized that § 48.42(2), Stats., did set out explicit requirements for who must be notified in a TPR proceeding. The court therefore concluded that this section of The Children's Code controlled who may intervene. See David S., 179 Wis. 2d at 143-44, 507 N.W.2d at 104-05. The decision in David S. thus reveals that we are to look not only for distinct differences in procedure, but also to whether the procedures established in the different chapters are consistent. See id.; see also Waukesha County Dep't of Social Servs. v. C.E.W., 124 Wis. 2d 47, 53-54, 368 N.W.2d 47, 50-51 (1985) (<HOLDING>). Our examination of § 48.293, Stats., reveals Options: A. holding that the rules governing criminal cases apply to 3582c2 proceedings B. holding that the ch 805 stats rule governing objections to jury instructions applies to ch 48 proceedings because there is no provision in the childrens code suggesting otherwise C. holding that exclusionary rule applies to civil forfeiture proceedings D. holding that rule 60b6 only applies in extraordinary circumstances suggesting that the party is faultless in the delay E. holding that there was no record of a hearing about settlement objections

assistant: The best answer is B. holding that the ch 805 stats rule governing objections to jury instructions applies to ch 48 proceedings because there is no provision in the childrens code suggesting otherwise
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: circumstances, the Court concludes that [defendant] was not “in custody” ... and that [the agents] were not required to Mirandize him. Id. at *27-28 (emphasis added) (internal citation omitted). One additional factor that arose in Kofsky was that during the search, the agents continued to question the defendant after he had asked to speak to counsel. Regarding this issue, Judge DuBois held that “[u]nder the circumstances, the Court concludes that [the defendant] was not ‘in custody’ ... and that [the agents] were not required to Mirandize him. Accordingly, the Court also rejects defendant’s argument that the agents [were required] to stop questioning him after he requested counsel. ” Id. at *28 (emphasis added) (citing United States v. McNaughton, 848 F.Supp. 1195, 1200 (E.D.Pa.1994) (<HOLDING>)). In the present case, as in Kofsky, the Court Options: A. holding that where defendant was not subject to custodial interrogation agent did not violate the fifth amendment by contacting defendant for questioning after defendant refused to answer questions without a lawyer present B. holding that a defendant who is subject to custodial interrogation must be advised in clear and unequivocal language of his constitutional right to remain silent and his right to a lawyer C. holding that the sixth amendment generally permits interrogation of a represented person only 1 if it was the defendant and not the government who initiated the interrogation and 2 if the defendant voluntarily waived his right to counsel D. holding fifth amendment prohibits comment on accuseds silence during police custodial interrogation E. holding that miranda does not apply to statements of the defendant which are voluntary and unsolicited and not the product of custodial interrogation

assistant: The best answer is A. holding that where defendant was not subject to custodial interrogation agent did not violate the fifth amendment by contacting defendant for questioning after defendant refused to answer questions without a lawyer present
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 service of process here under consideration if it were held retroactive, and the Court considers that question separately, infra. First we address our attention to the effect to be given our construction of § 24-113.1(b) by reason of the intervening amendment. It is obvious that the legislature had in its contemplation situations just like the one posed by the cases for decision today when it enacted § 24-113.1 (c). The question raised by the amendment is this: Did the Georgia legislature feel that § 24-113.1 (b) did not cover out-of-state negligence causing an in-state injury, and because of that feeling enact § 24-113.1 (c) to fill the “gap”, or was it simply confirming in more explicit terms the correctness of this Court’s rea 7 Ga. 294, 13 S.E. 493, 14 L.R.A. 721 (1891) (<HOLDING>). We accepted the test in Pritchard as stating Options: A. holding that the act is retroactive B. recognizing that the application of a retroactive amendment is discretionary C. holding that retroactive application of amended guidelines provision is not plain error D. holding that the act is not retroactive E. holding retroactive application

assistant: The best answer is E. holding retroactive application
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: 101 (2d Cir.2002) (quoting Wash. Metro. Area Transit Comm’n v. Holiday Tours, Inc., 559 F.2d 841, 843 (D.C.Cir.1977)) (internal quotation marks omitted). 4 . E.g., United States v. Stein, 452 F.Supp.2d 281, 285-86 (S.D.N.Y.2006); see In re Parmalat Sec. Litig., No. 04 MD 1653(LAK), 2007 WL 2197057, at *1 (S.D.N.Y. July 24, 2007). 5 . United States v. Constr. Prods. Res., Inc., 73 F.3d 464, 468-69 (2d Cir.1996). 6 . Dynegy Midstream Servs. v. Trammochem, 451 F.3d 89, 92 (2d Cir.2006). 7 . Nat'l Eng'g, 13 F.3d at 95. 8 . Constr. Prods. Res., Inc., 73 F.3d at 469. 9 . 385 F.2d 1017 (2d Cir.1967). 10 . Id. at 1018 (drawing analogy to the “appealability of an order in aid of foreign letters rogatory”); see also In re Application of Silvia Gianoli Aldunate, 3 F.3d 54, 56-57 (2d Cir. 1993) (<HOLDING>) (citing In re Matter of Letters Rogatory, 385 Options: A. holding that an order denying a motion to vacate a 1782 order and denying a motion to quash the subpoena was immediately appealable B. holding that a denial of an order to quash a subpoena not directed to a movant was a final order if the movant had no further opportunity to challenge the subpoena C. holding that denial of motion to vacate discovery order and to quash subpoena issued pursuant to 28 usc 1782 constitutes final appealable decision D. holding that overruling of motion to quash does not affect substantial right and is therefore not final appealable order E. holding that a denial of a motion to quash a grand jury subpoena is not final and therefore not appealable

assistant: The best answer is C. holding that denial of motion to vacate discovery order and to quash subpoena issued pursuant to 28 usc 1782 constitutes final appealable decision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by accessing or using the service you represent that you have reached the age of 13 years , or that you have the consent of your parent/guardian to use the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Option Holders agree that irreparable damage may occur in the event any provision of this Agreement was not performed by the Option Holders in accordance with the terms hereof and that the Company shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or 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 case excerpt and choose the best holding from the options. Case excerpt: of failure,” 73 Fed. Reg. 2364 (Jan. 14, 2008). The rule the FDIC cites, although proposed prior to IndyMac’s closure, was not adopted until six days after IndyMac’s failure. 73 Fed. Reg. 41170 (July 17, 2008). The FDIC thus concedes, as it must, that the rule was not in effect as of July 11, 2008. It contends, however, that the rule embodies “the FDIC’s long-standing practice of determining a depositor’s insurance as of the date of closure.” Moreover, although not final as of September 26, 2008, the rule was drafted prior to that date, and provides some insight regarding the agency’s intent with respect to the treatment of existing accounts. 45. The FDIC also cites Lambert v. Federal Deposit Insurance Corp., 847 F.2d 604 (9th onal Bank & Trust Co., 806 F.2d 961, 964-65 (10th Cir.1986) (<HOLDING>); Federal Deposit Insurance Corp. v. McKnight, Options: A. holding that no additional rights can be created after insolvency but that beneficiarys claims under standby letters of credit were provable against the fdic as receiver despite the fact that the beneficiaries made their demand after the banks insolvency because the claims were fixed as of the date of insolvency B. holding that statement about debtor lacking present ability to pay was essentially statement of insolvency C. holding that the fraud claims against the defendant should not have been dismissed as the complaint provided him with fair notice of the claims made against her D. holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations E. holding that a claim filed after the last date fixed for the filing of claims was not a covered claim and noting that the requirement in the statute that claims be presented before the filing deadline evidences an intent on the part of the legislature to provide a cutoff date after which the association is no longer obligated to accept claims

assistant: The best answer is A. holding that no additional rights can be created after insolvency but that beneficiarys claims under standby letters of credit were provable against the fdic as receiver despite the fact that the beneficiaries made their demand after the banks insolvency because the claims were fixed as of the date of insolvency
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 382 U.S. 32 86 S.Ct. 152 15 L.Ed.2d 26 JONES & LAUGHLIN STEEL CORPORATIONv.GRIDIRON STEEL COMPANY. No. 123. Oct. 18, 1965. Walter J. Blenko, Walter J. Blenko, Jr., and Richard F. Stevens, for petitioner. Robert J. Fay, for respondent. PER CURIAM. 1 The petition for writ of certiorari to the Court of Appeals for the Sixth Circuit is granted, and the judgment dismissing petitioner's appeal to that court is reversed. The time limited by 28 U.S.C. § 2107 and Fed.Rule Civ.Proc. 73 for the filing of the notice of appeal from the judgment appealed from was 30 days. However, Fed.Rule Civ.Proc. 6(a), as amended, provides that in computing the period, '(t)he last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday.' Since the thirtieth day following entry of the judgment appealed from way Saturday and the notice of appeal was filed the following Monday, we hold that the filing of the notice of appeal was timely. The provision of Rule 6(a) was not made inapplicable by the order of the Court of Appeals directing that the District Court Clerk's offices be open for business on Saturday mornings. The case is remanded to the Court of Appeals for further proceedings consistent with this opinion. It is so ordered. 2 Petition for certiorari granted, judgment dismissing appeal reversed, and case remanded for further proceedings.

assistant: 9
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 consents to the exclusive jurisdiction of any courts of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and of any appellate court from any thereof, and irrevocably agrees that, subject to the Bank’s election, all actions or proceedings relating to the Credit Documents or the transactions contemplated hereunder shall be litigated in such courts, and Borrower waives any objection which it may have based on lack of personal jurisdiction, improper venue or forum non conveniens to the conduct of any proceeding in any such court. Nothing contained in this Section 9.14 shall affect the right of Bank to serve legal process in any other manner permitted by law or affect the right of Bank to bring any action or proceeding against Borrower or its property in the courts of any other jurisdiction.

assistant: Consent To Jurisdiction
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: had reason to continue investigation regarding the vehicle’s status since Defendant claimed it belonged to a friend, the vehicle had Mexican license plates, and the agent had not yet seen the vehicle’s registration or Defendant’s driver’s license. Surely the agent had lawful authority, if not good reason, to investigate further into these circumstances. Cf. United States v. Sukiz-Grado, 22 F.3d 1006, 1009 (10th Cir.1994) (referral to secondary for a dog sniff held lawful following agent’s having noticed a temporary license tag, the driver having said that the car belonged to a friend, the agent having noticed the driver’s nervousness, and after the driver gave permission at primary to a dog sniff of the exterior of the car); United States v. Lopez, 777 F.2d 543, 548 (10th Cir.1985) (<HOLDING>); Diaz-AlbeHini 772 F.2d at 655 (lawful to Options: A. holding detention lawful when police referred driver to secondary to check ownership of the vehicle after the driver admitted that the car did not belong to him and the registration revealed that the car was owned by another B. holding that a police officer may as a matter of course order the driver of a lawfully stopped car to exit his vehicle C. holding that during a routine traffic stop it is reasonable for an officer to search the driver for weapons before placing the driver in a patrol car if placing the driver in the patrol car during the investigation prevents officers or the driver from being subjected to a dangerous condition and placing the driver in the patrol car is the least intrusive means to avoid the dangerous condition D. holding that the driver of a car who had permission to use the car had standing to challenge its search E. holding that even a driver not listed as an authorized driver for a rental car could nevertheless have an expectation of privacy if given permission to use the car by an authorized driver

assistant: The best answer is A. holding detention lawful when police referred driver to secondary to check ownership of the vehicle after the driver admitted that the car did not belong to him and the registration revealed that the car was owned by another
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed, construed and enforced in accordance with the laws of the State of Illinois, without regard to principles of conflict of laws of such State. Any action to enforce this Agreement shall be brought solely in the state or federal courts located in the City of Chicago, Illinois.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: prominence of the text of the disclaimer: Was the text accentuated with larger, contrasting, or capitalized print, or by some other means? Lincoln, 867 P.2d at 703. Second, a court must examine the placement of the disclaimer: Was it a separate provision such that a reasonable person should have noticed it, or was it presented within a broader, general provision? Id. at 703-04. Finally, a court must determine whether the language of the disclaimer is unambiguous: Does the disclaimer clearly state that employment is at-will, or is it ambiguous concerning the precise effect of the disclaimer on the employment relationship? Id. at 704. We find that the disclaimer at issue in this ease meets each element of this three-part test. Cf. Loghry v. Unicover Corp., 878 P.2d 510, 512 (Wyo.1994) (<HOLDING>). First, the text is prominent; it is printed Options: A. holding that language in employee handbook stating that it was not to be considered as creating terms and conditions of an employment contract and that the employment relationship was employment atwill was sufficiently explicit to preclude the creation of implied contractual obligations as a matter of law B. holding that employee guidebook did not create an implied employment contract as it contained a clearlystated boldfaced disclaimer and statement that employment was atwill C. holding inconspicuous written disclaimer to be unenforceable absent actual knowledge of the disclaimer D. holding that a separate 85 x 11 page which contained a disclaimer and which the employee was required to sign prevented the creation of an impliedinfact contract of employment E. holding where employee handbook and employment offer letter disclaimed creation of employment contract that employees testimony of his understanding of terms of agreement did not raise fact issue of specific express and clear agreement contradicting the express provisions of the personnel manual and the employment offer letter

assistant: The best answer is D. holding that a separate 85 x 11 page which contained a disclaimer and which the employee was required to sign prevented the creation of an impliedinfact contract of employment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Amendment and Restatement Effective Date and after giving effect to the 2016 Revolving Credit Increase (as defined in the Amendment and Restatement Agreement), the aggregate principal amount of Incremental Increases since the Closing Date is $83,000,000.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 10.01 of the Credit Agreement. All communications and notices hereunder to any Guarantor shall be given to it in care of the Company as provided in Section 10.01 of the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: officials. For example, in Smith v. Allwright, 321 U.S. 649, 64 S.Ct. 757, 88 L.Ed. 987 (1944) the Supreme Court held that when primaries become an official part of the machinery for choosing state and national officials, the primary officials become state agents whose actions constitute state action. See also Terry v. Adams, 345 U.S. 461, 73 S.Ct. 809, 97 L.Ed. 1152 (1953) where the Supreme Court held that the activities of an unofficial political organization which effectively controlled the democratic party process could not operate to avoid the impermissible shroud of state action under the Fifteenth Amendment. 5 . As stated in note 4, political party officials are shrouded with the authority of the state. See Smith v. Allwright, 321 U.S. 649, 64 S.Ct. 757, 88 L.Ed. 987 (1944) (<HOLDING>); Terry v. Adams, 345 U.S. 461, 73 S.Ct. 809, Options: A. recognizing that discrepancy regarding political activities went to the heart of petitioners claims where those activities formed the basis of the persecution claim B. holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political C. holding that njeither the right to associate nor the right to participate in political activities is absolute and congress may prohibit federal employees from participating in political activities in view of its interest in maintaining a nonpartisan work force D. holding that activities of stateregulated political parties constitute state action E. holding that opposition to government corruption may constitute political opinion

assistant: The best answer is D. holding that activities of stateregulated political parties constitute state 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: the total cost of the items ordered and the type of delivery the customer selected. The specific charges were identified based on the two. variables. As is apparent from J.C. Penney’s disclosures, the cost of the delivery charge as a percentage- of the amount of the order declined as the amount of the order increased, thereby serving as an incentive for consumers to purchase additional items to save on delivery charges. Nowhere in the website did J.C. Penney claim that its shipping and handling charges were based upon “actual cost.” Indeed, the matrix chart provided by J.C. Penney plainly demonstrated that the key variables were not weight or size but cost of the item and the chosen method of delivery. See Zuckerman v. BMG Direct Mktg., Inc., 290 A.D.2d 330, 737 N.Y.S.2d 14, 15 (2002) (<HOLDING>); see also Ciser v. Nestle Waters N. Am. Inc., Options: A. recognizing that where fca forfeitures were allowed for numerous projects on which no actual pecuniary loss had been incurred the governments injuries of course included not merely the amount of the fraud itself but also ancillary costs such as the costs of detection and investigation that routinely attend the governments efforts to root out deceptive practices directed at the public purse B. holding that billing consumers for shipping and handling an amount exceeding the sellers actual costs cannot be deceptive as a matter of law when the amounts are fully disclosed C. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs D. holding that costs are not fixed until judgment is entered and interest can only run on costs when due E. holding that it may be decided as a matter of law

assistant: The best answer is B. holding that billing consumers for shipping and handling an amount exceeding the sellers actual costs cannot be deceptive as a matter of law when the amounts are fully disclosed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the terms and subject to the conditions set forth in this Agreement, the Company employs Executive as the Company’s Chief Financial Officer, and Executive accepts such employment. The Executive will report to the Company’s Chief Executive Officer. This agreement supersedes the Employment Agreement between the Company and the Executive dated August 3, 2016, which Agreement is hereby terminated and neither party shall have any further rights or obligation thereunder.

assistant: Employment
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 shall survive the resignation of Administrative Agent, the L/C Issuer and the Swing Line Lender, the replacement of any Lender and the occurrence of the Facility Termination Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party has (a) all insurance policies sufficient for the compliance by each of them with all material Governmental Requirements and all material agreements and (b) insurance coverage in at least amounts and against such risk (including, without limitation, public liability) that are usually insured against by companies similarly situated and engaged in the same or a similar business for the assets and operations of each Loan Party. The Administrative Agent and the Lenders have been named as additional insureds in respect of such liability insurance policies and the Administrative Agent has been named as loss payee with respect to Property loss 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: The foregoing notwithstanding, Recipient may retain one (1) copy of such Information for archival purposes only and subject to compliance with the terms of this Non-Disclosure Agreement. Notwithstanding the foregoing, each Party agrees that Recipient shall not be required to return to Disclosing Party, or destroy, copies of Disclosing Party’s Information that (A) reside on Recipient’s or its Representatives’ backup, disaster recovery or business continuity systems, or (B) that Recipient or its Representatives are obligated by applicable law and/or governmental regulations to retain.

assistant: No
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) Effective as of the Sixth Restatement Effective Date, (i) the Fifth Restated Credit Agreement is hereby amended and restated to be in the form of Exhibit A hereto (the Fifth Restated Credit Agreement as so amended and restated being referred to as the “ Sixth Restated Credit Agreement ”) and (ii) Schedule 2.01 attached hereto is hereby incorporated into the Sixth Restated Credit Agreement as Schedule 2.01 thereto. Except as expressly set forth herein or in the Sixth Restated Credit Agreement, all Schedules and Exhibits to the Fifth Restated Credit Agreement shall remain unchanged as Schedules and Exhibits to the Sixth Restated Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the guideline range was the same: 360 months to life imprisonment. U.S. Sentencing Guidelines Manual ch. 5, pt. A (2014) (Sentencing Table). Thus, the amendment to the drug-quantity tables did not affect Mr. Norwood’s guideline range. In these circumstances, Mr. Norwood cannot obtain a sentence reduction under 18 U.S.C: § 3582(c)(2). See U.S. Sentencing Guidelines § lB1.10(a)(2)(B) (2014) (“A reduction in the defendant’s term of imprisonment is not consistent with this policy statement and therefore is not authorized under 18 U.S.C. § 3582(c)(2) if ... an amendment ... does not have the effect of lowering the defendant’s applicable guideline range.”); see also United States v. Sharkey, 543 F.3d 1236, 1239 (10th Cir.2008) (stating that because a guideline amendmen 6 (10th Cir.2014) (<HOLDING>). Amendment 782 reduces the base-offense level Options: A. holding that appellant hjaving failed to exercise administrative appeal cannot now collaterally attack the tax deficiency determination in an independent action B. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 C. holding that a defendant cannot collaterally attack his sentence under 18 usc 3582c2 D. holding that crimes subject to a minimum sentence of 15 years under 18 usc 924e1 are properly characterized as class a felonies under 18 usc 3559 E. holding that a party could not collaterally attack a default judgment obtained against him in a foreclosure action

assistant: The best answer is C. holding that a defendant cannot collaterally attack his sentence under 18 usc 3582c2
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: sex with and propositioning her. His expression, taken as a whole, lends itself to three possible interpretations: Rogers intended (1) to illicit a sexual response from Emily; (2) to communicate his sexual attraction to her; and/or (3) to compel Emily to view a picture of him masturbating. On any of these interpretations, a jury could reasonably find prurient his sexual interest in and pursuit of a child. The jury could also find shameful his desire to expose Emily to such graphic and sexual-ized content. The Supreme Court’s First Amendment jurisprudence emphasizes a distinction between parties who consent to privately receive and possess obscene materials and those who endure unwilling exposure. Compare Stanley v. Georgia, 394 U.S. 557, 568, 89 S.Ct. 1243, 22 L.Ed.2d 542 (1969) (<HOLDING>), with United States v. American Library Ass’n Options: A. holding that the fourteenth amendment only applies to state action B. recognizing first amendment and fourteenth amendment interests in inmate correspondence C. holding that private possession of child pornography is not protected by the first amendment D. holding that the first amendment does not protect obscenity or pornography produced with actual children E. holding that the first and fourteenth amendment forbid criminalizing the private possession of obscenity

assistant: The best answer is E. holding that the first and fourteenth amendment forbid criminalizing the private possession of obscenity
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: Awardee acknowledges that a waiver by the Company of breach of any provision of this Award Agreement shall not operate or be construed as a waiver of any other provision of this Award Agreement, or of any subsequent breach by Awardee or any other Awardee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in multiple counterparts (any one of which need not contain the signatures of more than one Party), each of which will be deemed to be an original but all of which taken together will constitute one and the same agreement. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission, will be treated in all manner and respects as an original agreement and will be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: please state ` credit card fraud ' in the subject line of your email and provide us with evidence of the charged deductible ( e.g. policy of the credit card company ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: BSTC shall reimburse Consultant for all reasonable expenses incurred by Consultant in connection with the performance of the Services, including travel expenses. Consultant shall invoice BSTC for such expenses, which invoice shall include reasonable supporting documentation (such as copies of receipts) verifying such expenses, in accordance with Section 2.5.

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 legal provision and list the applicable contract clause categories. Provision: Lender hereby waives all accrued and unpaid interest due under the the Note up to the date of this Modification and further waives the accrual of interest through and including December 31, 2017. Commencing January 1, 2018 and continuing thereafter until the Note is paid in full, the unpaid principal balance of the Note shall accrue interest at the fixed rate of 13 percent (13%) per annum, payable in arrears.

assistant: Interests