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: 1040, 137 L.Ed.2d 146 (1997). Alternatively, under the function-way-result test, an element in the accused device is equivalent to a claim limitation if it “performs substantially the same function in substantially the same way to obtain substantially the same result.” Schoell v. Regal Marine Indus., Inc., 247 F.3d 1202, 1209-10 (Fed.Cir.2001). “Where the evidence is such that no reasonable jury could determine two elements to be equivalent,” summary judgment of non-infringement under the doctrine of equivalents is proper. Warner-Jenkinson, 520 U.S. at 39 n. 8, 117 S.Ct. 1040. Summary judgment has been rejected because of conflicting expert testimony on the application of the function-way-result test. Crown Packaging Tech., Inc. v. Rexam Bev. Can Co., 559 F.3d 1308, 1315 (Fed.Cir.2009) (<HOLDING>). III. NETAPP’S MOTION FOR SUMMARY JUDGMENT OF Options: A. holding that it is function of trial court to judge witnesses credibility and to weigh conflicting evidence B. holding that it is trial courts function to evaluate witness credibility and weigh conflicting evidence C. holding that the necessity of choosing between the appellants two conflicting versions of a material fact does not defeat summary judgment D. holding that conflicting expert evidence regarding function establishes material issue of fact E. holding plenary hearings are required when there are contested issues of material fact on the basis of conflicting affidavits

assistant: The best answer is D. holding that conflicting expert evidence regarding function establishes material issue of fact
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: allegedly false statements to the press because statements to the media “have no functional tie to the judicial process.” Id. at -, 113 mation that is subject to disclosure under Brady v. Maryland, 373 U.S. 83, 83 S.Ct 1194, 10 L.Ed.2d 215 (1963), is advocatory. In Imbler, the prosecutor was alleged to have knowingly used false testimony and suppressed material exculpatory evidence at trial. The Court upheld the lower courts’ rulings that the prosecutor was absolutely immune from potential liability for the alleged misconduct. As other courts have recognized, it follows from Imbler that the failure, be it knowing or inadvertent, to disclose material exculpatory evidence before trial also' falls within the protection afforded by absolute prosecutorial immunity. See Hill, 45 F.3d at 662 (<HOLDING>); Carter v. Burch, 34 F.3d 257, 262 (4th Options: A. recognizing the availability of summary judgment based on absolute prosecutorial immunity B. holding that the considerations underlying absolute prosecutorial immunity at common law dictate the same absolute immunity under 1983 C. holding that absolute prosecutorial immunity extends to civil forfeiture proceedings D. holding that a state prosecutor is shielded by absolute prosecutorial immunity when he decides to bring forth criminal charges seeks an arrest warrant or presents documents to a judicial officer E. holding failure to turn over brady material after prosecutorial phase of case had begun was covered by absolute prosecutorial immunity

assistant: The best answer is E. holding failure to turn over brady material after prosecutorial phase of case had begun was covered by absolute prosecutorial immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has all necessary power and authority to enter into, and be bound by the terms of, this Agreement to the fullest extent permitted by law, and the execution, delivery and performance of the undertakings contemplated by this Agreement have been duly authorized by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 3 . In applying a broad definition of “transaction or occurrence,” we effectuate Trial Rule 13’s "intended purpose of avoiding multiple lawsuits between the same parties arising from the same event[s],” Bacompt Syst., 752 N.E.2d at 144 (citations omitted). 4 . See, e.g., Murray v. Mansheim, 779 N.W.2d 379, 390 (S.D.2010) (disallowing compulsory counterclaims seeking affirmative relief where limitations period had expired); Duhammel v. Star, 133 Ariz. 558, 653 P.2d 15, 16-17 (Ariz.App.1982) (affirming trial court’s dismissal of counterclaim allegations seeking affirmative relief for libel and slander where counterclaim was filed after one-year statute of limitations expired), overruled on other grounds; Pharmaresearch Corp. v. Mash, 163 N.C.App, 419, 594 S.E.2d 148, 153-54 (2004) (<HOLDING>), review denied. 5 . See, e.g., Doxey-Layton Options: A. holding that the amended complaint could not relate back to the original complaint in which all claims were barred by the statute of limitations B. holding defendants counterclaims barred by statute of limitations and did not relate back to date plaintiff filed action C. holding that the uccs fouryear statute of limitations provision which barred an action by the plaintiff did not bar a thirdparty contribution and indemnity claim D. holding that back pay may be awarded to the date of judgment E. holding that as a matter of law claim stated in amended complaint did not relate back to original complaint

assistant: The best answer is B. holding defendants counterclaims barred by statute of limitations and did not relate back to date plaintiff filed 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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument, and in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. This Agreement may also be executed by fax, electronic image scan transmission (such as a “pdf” file) or other electronic transmission, in which case the fax or other electronic copies shall be fully binding and effective for all purposes.

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 legal provision and list the applicable contract clause categories. Provision: In consideration for the services performed by Executive during the Employment Period, the Bank shall pay to Executive an annual salary (“ Base Salary ”) of $375,000. The Base Salary shall be paid in approximately equal installments in accordance with the Bank’s customary payroll practices. Executive’s Base Salary shall be increased to $400,000 effective as of January 1, 2017 and shall be reviewed at least annually during the Employment Period for possible upward adjustment, and Executive’s Base Salary shall not be reduced without Executive’s consent. The term Base Salary, as utilized in this Agreement, shall refer to Base Salary as it may be increased.

assistant: Base Salary
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 of the Lenders and the Issuing Lender hereby irrevocably appoints PNC to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Section 10 [The Administrative Agent] are solely for the benefit of the Administrative Agent, the Lenders and the Issuing Lender, and no Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: isolated incidents within the requisite level. They were neither frequent, severe nor physically threatening. Similarly, none of the other allegedly harassing conduct relied on by plaintiff was sufficiently severe and pervasive to be actionable. According to plaintiff, she spends between 70% to 75% of her time away from the office. Her deposition testimony establishes that during the limited time that she was in her office, she was not required to work with or around Brown and that she could have easily avoided contact with Brown in most instances by using a different entrance. Under these circumstances, a reasonable person would not have found her work environment hostile or abusive. Cf. Caleshu v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 737 F.Supp. 1070, 1082-83 (E.D.Mo.1990) (<HOLDING>). As a result, plaintiff has failed to Options: A. holding single incident of sexual harassment was neither sufficiently pervasive nor severe to constitute a hostile work environment B. holding that harassing conduct not sufficiently severe and pervasive where conduct would not have affected the work environment of a reasonable person C. holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware D. holding that a claim of constructive discharge requires a showing of harassment that is more severe and pervasive than that required to show a hostile work environment E. holding that plaintiff did not establish a severe or pervasive hostile work environment where the complained of conduct was episodic but not so frequent as to become pervasive was never severe was never physically threatening though occasionally discomforting or mildly humiliating and significantly was never according to the record an impediment to the plaintiffs work performance

assistant: The best answer is B. holding that harassing conduct not sufficiently severe and pervasive where conduct would not have affected the work environment of a reasonable person
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: resolution ‘by arbitration.’ ” Judge William W. Schwarzer, California Practice Guide: Federal Civil Procedure Before Trial, § 16:63.1 (The Rutter Group 2002) (citing Portland Gen. Elec. Co. v. United States Bank Trust Nat’l Ass’n as Tr. for Trust No. 1, 218 F.3d 1085, 1089 (9th Cir.2000)). Any party to an arbitration agreement covered by the FAA who is “aggrieved by the alleged ... refusal of another to arbitrate” may petition a federal district court “for an order directing that such arbitration proceed in the manner provided for in such agreement.” 9 U.S.C. § 4. Under the FAA, the court, not the arbitrator, must decide whether a particular dispute is arbitrable., 9 U.S.C. § 4; AT & T Techs., Inc. v. Commc’ns Workers of Am., 475 U.S. 643, 649, 106 S.Ct. 1415, 89 L.Ed.2d 648 (1986) (<HOLDING>). The court must determine (1) whether there Options: A. holding that all issues other than arbitrability such as fraud in the inducement are for the arbitrator to decide after a court has determined that the arbitration agreement is valid B. holding that unless that power is restricted by the principal an agent under a california statutory healthcare power of attorney has the power to execute applicable admission forms including arbitration agreements C. holding that the arbitrator is without power to determine arbitrability absent clear and unmistakable language in the arbitration agreement conferring such power D. holding that while the determination of the scope of an arbitration agreement is for the court the enforcement of pleading requirements before the arbitrator is a procedural matter for the arbitrator E. recognizing that questions of arbitrability canbe delegated to the arbitrator but concluding that the parties did not agree to submit any issues to the arbitrator because the agreement never came into existence by its terms

assistant: The best answer is C. holding that the arbitrator is without power to determine arbitrability absent clear and unmistakable language in the arbitration agreement conferring such power
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: by one party and the house by another. ”)(citing Cullers, 1 S.W. at 315). 11 . See Gann v. Montgomery, 210 S.W.2d 255, 259 (Tex.Civ.App.Fort Worth 1948, writ ref'd n.r.e.)("[T]o be exempt as part of the homestead, [mobile homes] must be part of the exempt realty.”). See also Minnehoma Financial Co. v. Ditt ll.1997); In re Herd, 176 B.R. 312, 313-14 (Bankr.D.Conn.1994); In re McMahon, 60 B.R. 632, 634 (Bankr.W.D.Ky.1986). 14 . In re Scudder, 97 B.R. 617, 618-19 (Bankr.S.D.Ala.1989)(allowing a houseboat to be claimed under Alabama's homestead exemption statute,' which provides for exemptions of "mobile home[s] or similar dwelling[s].”) 15 . In re McMahon, 60 B.R. at 634. 16 . In re Mead, 255 B.R. 80, 84-85 (Bankr.S.D.Fla.2000). 17 . In re Laube, 152 B.R. 260, 262-63 (Bankr.W.D.Wis.1993)(<HOLDING>) (citation omitted). 18 . In re Kiedaisch, Bk. Options: A. holding as matter of law that mobile home with wheels removed placed on blocks and hooked to lights and water is trailer within scope of covenant proscribing trailers used as temporary or permanent residences B. holding operable semi truck cab used by professional driver as homestead despite statutes description of dwelling as a building condominium mobile home house trailer or cooperative C. holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors D. holding that where appellants owned and resided upon contiguous 60acre rural farm and used 18 acres as a mobile home park 18acre tract was part of the rural homestead E. holding that an assembler of a mobile home is deemed to be a manufacturer of a finished product that is the mobile home for purposes of determining the applicability of the affirmative causalrelation defense under the aemld

assistant: The best answer is B. holding operable semi truck cab used by professional driver as homestead despite statutes description of dwelling as a building condominium mobile home house trailer or cooperative
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, the MSR Purchase Agreement, and the Sale Supplements set forth the entire agreement and understanding of the parties hereto with respect to the transactions contemplated hereby and thereby and supersede any and all prior agreements, arrangements and understandings, both written and oral, between the parties relating 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 case excerpt and choose the best holding from the options. Case excerpt: evidence.” Plaintiffs’ Brief at 18. According to Plaintiffs, “the Commission never even acknowledged testimony that clearly established that the industry itself refers to all stainless steel flat-rolled products as one single continuum under the denomination of ‘continuous mill plate’ or ‘CMP’ or ‘Hot Rolled Annealed and Pickled’ (‘HRAP’). Nor did the Commission address AST’s testimony that CMP can be used for similar applications regardless of whether it is thinner or thicker than 4.75 mm.” Id. at 18-19 (footnote omitted). The ITC, however, need not explicitly discuss every piece of record evidence, and the evidence cited by Plaintiffs does not show the Commission’s determination to be unsupported. See Nakajima All Co. v. United States, 14 CIT 469, 478, 744 F.Supp. 1168, 1175 (1990) (<HOLDING>); see also Torrington Co. v. United States, 16 Options: A. holding that the itc is presumed to have considered all pertinent information sought to be brought to its attention B. holding that a jury is presumed to follow the trial courts instructions C. holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment D. recognizing that all things are presumed against a wrongdoer E. holding that a person is presumed to own all property that is titled in her name

assistant: The best answer is A. holding that the itc is presumed to have considered all pertinent information sought to be brought to its attention
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 date of this Amendment (except to the extent specifically related to a different date), all representations and warranties of Guarantor contained in the Original Guaranty are true and correct in all material respects and Guarantor hereby confirms each such representation and warranty made by it with the same effect as if set forth in full herein. Guarantor is in full compliance with all of the terms and provisions set forth in the Transaction Documents to which it is a party on its part to be observed and performed.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be construed and interpreted under the laws of the State of Hawaii. If any provision of this Agreement as applied to any party or to any circumstance should be adjudged by an arbitrator or, if applicable, a court of competent jurisdiction to be void or unenforceable for any reason, the invalidity of that provision shall in no way affect (to the maximum extent permissible by law) the application of such provision under circumstances different from those adjudicated by the arbitrator or court, the application of any other provision of this Agreement, or the enforceability or invalidity of this Agreement as a whole. Should any provision of this Agreement become or be deemed invalid, illegal, or unenforceable in any jurisdiction by reason of the scope, extent, or duration of its coverage, then such provision shall be deemed amended to the extent necessary to conform to applicable law so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, then such provision will be stricken, and the remainder of this Agreement shall continue in full force and effect.

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: 49) acquired for the personal use of the debtor.... 11 U.S.C. § 1325(a). The hanging paragraph protects creditors possessing a “purchase money security interest securing the debt that is the subject of the claim” from § 506(a) bifurcation and cramdown. 11 U.S.C. § 1325(a). The parties agree the collateral in this case is a motor vehicle acquired for the personal use of the debtors and the motor vehicle was acquired within 910 days of the bankruptcy filing. The only issue in dispute is the extent to which Ford Motor Credit has a “purchas o.2008) (same), and In re Padgett, 389 B.R. 203, 211-12 (Bankr.D.Kan.2008) (same), rev’d sub nom., AmeriCredit Fin. Servs., Inc. v. Padgett (In re Padgett) 408 B.R. 374, 381-82 (10th Cir. BAP 2009), with In re Ford, 387 B.R. 827, 833 (Bankr.D.Kan.2008) (<HOLDING>), and In re Austin, 381 B.R. 892, 897 Options: A. holding courts must look to the law of the state in which the security interest was created to determine if creditor retains a purchase money security interest despite refinancing B. holding bifurcation and cramdown are unavailable because negative equity is part of purchase money security interest C. holding that a pledge is a sale and purchase of a security under 10b D. holding that in georgia pursuant to 9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58 E. holding that a purchase money security in jewelry was not lost when the perfected purchase money security interest was consolidated with a subsequent retail installment contract

assistant: The best answer is B. holding bifurcation and cramdown are unavailable because negative equity is part of purchase money security interest
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: Subject to Section 18.3, any disputes between the Parties relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the federal courts located in the Southern District of New York (without restricting any right of appeal), and the Parties hereby waive any objection which they may have now or hereafter to the laying of venue of any proceedings in such courts and to any claim that such proceedings have been brought in an inconvenient forum, and further agree that a judgment or order in any such proceedings shall be binding upon each of them and may be enforced in the courts of any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by showing that Kom-pan’s trade dress is functional. As noted above, a showing of likelihood of success also creates a presumption of irreparable harm. PSI has done nothing to rebut this presumption, so Kompan is entitled to injunctive relief on its trade dress claim. III. False Advertising Claim Kompan also claims that PSI violates the Lanham Act by false advertising. Section 43(a) of the Lanham Act protects against two distinct wrongs: false designation of origin and false description or representation (false advertising). 15 U.S.C. § 1125(a)(1)(A) and (B) ; Agee v. Paramount Communications, 858 F.Supp. 778, 790 (S.D.N.Y.1994), aff'd in part, rev’d in part on other grounds, 59 F.3d 317 (2d Cir.1995); cf. Forschner Group, v. Arrow Trading Co., 30 F.3d 348, 357, 360 (2d Cir.1994) (<HOLDING>). Kompan blurs the line between these two Options: A. holding that section 43a of the lanham act protects trade dress B. holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim C. holding that defendants use of the phrase swiss army knife did not constitute false advertising under section 43a of the lanham act but remanding to consider whether among other things use of the same phrase constituted false designation of origin D. holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act E. holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading

assistant: The best answer is C. holding that defendants use of the phrase swiss army knife did not constitute false advertising under section 43a of the lanham act but remanding to consider whether among other things use of the same phrase constituted false designation of origin
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: place in the home to be searched. Here, the undersigned has concluded that the GPS Warrant Application did not give rise to probable cause, because it failed to establish a sufficient nexus between the use of Schermerhorn’s car and the suspected drug trafficking activities. The only facts offered were that a known drug dealer (Nguyen) had been a passenger in Schermerhorn’s car, which was driven by a white male, on one occasion, to a known drug supplier’s residence. There is substantial precedent in the Eighth Circuit that officers can reasonably rely on search warrants that lack any connection between a drug trafficker and his home, and that the evidence seized is admissible under Leon. See, e.g., United States v. Pruett, 501 F.3d 976, 982 (8th Cir.2007) (overruled on other grounds) (<HOLDING>); United States v. Carpenter, 341 F.3d 666, 671 Options: A. holding that executing officers reasonably relied on judges determination that there was probable cause to search motel room even though search warrant affidavit failed to mention a connection between motel room and criminal activity B. holding that executing officers reasonably relied on judges determination that there was probable cause to search motel room even though search warrant affidavit failed tp mention a connection between motel room and criminal activity C. holding that executing officers reasonably relied on judges determination that there was probable cause to search motel room for evidence of drug activity even though search warrant affidavit failed to mention a connection between motel room and criminal activity D. holding that the warrant application at issue did not specifically mention the presence of criminal activity at defendants residence but that the executing officers reasonably relied on the warrant E. holding that it is permissible under the fourth amendment to detain occupants of a residence while executing a search warrant of the residence

assistant: The best answer is D. holding that the warrant application at issue did not specifically mention the presence of criminal activity at defendants residence but that the executing officers reasonably relied on the warrant
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: camps have staked out three general positions on the use of an alleged violation of the ECOA after the statute of limitations has run. 1. Position # 1: A debtor can only asseH an ECOA violation as a counterclaim. A number of state and federal courts have held the only remedy provided for an ECOA violation is an offensive action for damages brought within two years of the violation. See 15 U.S.C. § 1691e(a), (b), (d), (f) (providing expressly for a civil cause of action for actual and punitive damages as well as attorney fees and costs against a creditor who violates the ECOA). Consequently, these courts have refused to recognize the validity of an ECOA violation asserted as an affirmative defense. See, e.g., F.D.I.C. v. 32 Edwardsville, Inc., 873 F.Supp. 1474, 1480 (D.Kan.1995) (<HOLDING>); Riggs Nat’l Bank of Washington, D.C. v. Options: A. holding that an ecoa violation is not properly asserted as an affirmative defense to liability and should instead take the form of a compulsory counterclaim B. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense C. holding defendant was entitled to assert an ecoa violation as an affirmative defense to avoid only her liability because to do otherwise would be to enforce conduct that is forbidden by the ecoa D. holding even though an affirmative action for damages is barred the debtor may assert an ecoa violation defensively in the nature of recoupment E. holding the recoupment doctrine could allow a spouse to assert an ecoa affirmative defense against a creditor even after the statute of limitations had run

assistant: The best answer is B. holding a plaintiff cannot assert a violation of the ecoa as an affirmative defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5. In the event that the Receiving Party is required by applicable law or regulation or by legal process to disclose any of the Information, the Receiving Party agrees that it will provide the Providing Party with prompt written notice of such request(s) prior to the required disclosure and the Providing Party shall use reasonable efforts, at its own expense, to seek a protective order or other appropriate remedy.

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: During the Term (as defined below), Vistana shall employ Executive, and Executive shall be employed as its Senior Vice President and Chief Operating Officer and, in particular, lead the operations of its vacation membership programs, including, without limitation, the program known as Vistana Vacation Network. During such employment, Executive shall do and perform all services and acts necessary or advisable to fulfill the duties and responsibilities as are commensurate and consistent with Executive’s position and shall render such services on the terms set forth herein. Executive shall report directly to the President and Chief Executive Officer of Vistana or such person(s) as may be designated from time to time (the “ Reporting Officer ”). Executive shall have such powers and duties with respect to Vistana, as may reasonably be assigned to Executive by the Reporting Officer. Executive agrees to devote all of Executive’s working time, attention and efforts to Vistana and to perform the duties of Executive’s position in accordance with the policies of ILG and Vistana as in effect from time to time.

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 initial term of this Agreement will be for a period of five years, commencing on the Effective Date and ending on the fifth anniversary of the Effective Date (“ Initial Term ”). At the conclusion of the Initial Term, the term of this Agreement will automatically extend from year-to-year (each, an “ Extension ”) (the Initial Term and any Extension(s), the “ Term ”), unless terminated by either Party with at least 90 days’ notice prior to the end of such term, as extended.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth in this Agreement, at the Closing the Company shall issue and sell to Investor, and Investor shall purchase from the Company, the Common Shares for the Purchase Price. The date and time of the Closing shall be at 9:00 a.m., Central Time, on the first Business Day following satisfaction of the conditions set forth in Article V or such other date as is mutually agreed upon in writing by the Company and the Investor (the “ Closing Date ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: based his diagnosis on information obtained from the appellant’s statements and that he had not considered the code-fendants’ statements at arriving at a diagnosis. Rule 705, Ala.R.Evid., states that a testifying expert may give an opinion or diagnosis without initially testifying to the underlying facts or data, unless the Court requires otherwise; furthermore, on cross-examination, the expert may be required to disclose the underlying facts or data. The Advisory Committee’s Notes to Rule 705, state the following: “It is left to the cross-examiner to elicit the facts or data on which the opinion is based, and the witness must, if asked, disclose such information. See Polk v. Ford Motor Co., 529 F.2d 259, 271 (8th Cir.), cert. denied, 426 U.S. 907, 96 S.Ct. 2229, 48 L.Ed.2d 832 (1976) (<HOLDING>). The cross-examiner, of course, is under no Options: A. holding that the weight and credibility to be given to the opinions of expert witnesses is uniquely within the province of the fact finder in this instance the trial court citation omitted B. holding the resolution of questions regarding credibility and the weight given to testimony is a function of the family court judge who heard the testimony C. holding that the weakness in the underpinnings of such opinions may be developed upon crossexamination and such weakness goes to the weight and credibility of the testimony D. holding that the jury is the judge of the weight and credibility given to witness testimony E. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

assistant: The best answer is C. holding that the weakness in the underpinnings of such opinions may be developed upon crossexamination and such weakness goes to the weight and credibility of the testimony
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower has been duly organized and is validly existing and in good standing pursuant to the laws of the State of Delaware with requisite power and authority to own its properties and to transact the businesses in which it is now engaged. Each Borrower is duly qualified to do business and is in good standing in each jurisdiction where it is required to be so qualified in connection with its properties, businesses and operations. Either a relevant Borrower or relevant Manager possesses all rights, licenses, permits and authorizations, governmental or otherwise, necessary to entitle it to own its properties and to transact the businesses in which it is now engaged, and the sole business of each Borrower is the ownership, management and operation of the Properties in each case, except where the failure would not be expected to result in any Material Adverse Change. The ownership of any Borrower is as set forth on the organizational chart attached hereto as Schedule 4.1.1 . No Borrower owns, and no Borrower has at any time in the past owned, an equity interest in any other Person, and no Borrower owns, and no Borrower has at any time owned, any real property other than the Properties.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 402 U.S. 547 91 S.Ct. 2174 29 L.Ed.2d 102 James Herman BOSTIC, petitioner,v.UNITED STATES. No. 5250. Supreme Court of the United States October Term, 1970. May 24, 1971 Rehearing Denied Oct. 12, 1971. See 92 S.Ct. 32. Thomas C. Binkley, Nashville, Tenn., for petitioner. Beatrice Rosenberg, Washington, D.C., for respondent. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. PER CURIAM. 1 We granted the writ of certiorari in this case1 to consider whether the Court of Appeals for the Sixth Circuit had erred in holding that the petitioner had properly been convicted of conspiracy to commit murder in order to avoid apprehension for the robbery of a federally insured bank. The Court of Appeals purported to uphold a conviction for this offense, though there was no evidence that the petitioner knew of the plan to commit murder, and he had been confined in prison for several months prior to the date the murder was committed.2 The memorandum for the United States in opposition to the granting of the writ urged that the petitioner was 'responsible for the actions of his co-conspirators in killing one member of the group,' and as to this issue, relied on the opinion of the Court of Appeals. 2 It now appears that these statements in the opinion of the Court of Appeals and in the memorandum of the United States were erroneous, and that the facts are not as we believed them to be at the time we granted the writ. The record shows that the petitioner was neither charged with nor convicted of the offense of conspiracy to commit murder. The conspiracy count on which the petitioner was convicted did not include any charge of conspiracy to murder. Indeed, in his closing argument to the jury the prosecutor stated that the petitioner had left the conspiracy prior to the murder, when he was returned to the penitentiary. 3 Inasmuch as our grant of the writ of certiorari in this case was predicated on the mistaken representation that the petitioner had been convicted of the offense of conspiracy to commit murder, we now dismiss the writ as improvidently granted. 4 It is ordered. 1 400 U.S. 991, 91 S.Ct. 462, 27 L.Ed.2d 438. 2 424 F.2d 951. The opinion recites that the conspiracy count on which the petitioner was convicted 'alleged a conspiracy to rob federally insured banks with dangerous weapons and to commit murder to avoid apprehension for same.' 424 F.2d, at 953. The court went on to say, 'As to Bostic, although he had been returned to the penitentiary sometime before Ferguson's murder, there is no evidence that he had renounced or withdrawn from the conspiracy.' 424 F.2d, at 964.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights , including without limitation , any privacy rights , publicity rights , copyrights , contract rights , or any other intellectual property or proprietary rights .

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: EACH OF THE PARTIES HERETO HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION OR CAUSE OF ACTION ARISING UNDER THIS AGREEMENT OR THE TRANSACTIONS RELATED HERETO, IN EACH CASE WHETHER NOW EXISTING OR HEREAFTER ARISING, AND WHETHER SOUNDING IN CONTRACT OR TORT OR OTHERWISE.

assistant: Waiver Of Jury Trials
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: Client shall reimburse DevFactory for all reasonable travel, food, lodging and other out-of-pocket expenses incurred in performance of a given Statement of Work. DevFactory shall obtain Client’s prior written expense prior to incurring any single expense in excess of $500.

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: when she testified that defendant had approached the boys in response to their taunting him — a fact not mentioned by Mr. Bissell, who was outside, and presumably better positioned to observe the encounter. On the other hand, the testimonies of Mr. Cole’s two friends, present alongside him at the time of the confrontation, were entirely consistent with that of the complaining witness-both saw defendant strike Mr. Cole in the manner he originally described. The hearing justice’s decision to credit the testimony of the state’s witnesses, and thus find that defendant had struck Mr. Cole, rightly led to the conclusion that defendant “failed to keep the peace and be of good behavior,” thus violating the terms of his probation. See State v. House, 889 A.2d 231, 232 (R.I.2006) (mem.) (<HOLDING>). B The Sentence Imposed The defendant’s second Options: A. holding that under statutes in effect at the time a court may not by revocation and granting a second period of probation extend the total time on probation beyond five years as the statutes do not speak of terms of probation but speak in plain language of the total time which may be spent on probation for a felony B. holding that a defendants aggressive conduct and shoving of another individual violated the terms of his probation C. holding that probation is not a sentence D. holding that the state must establish by the greater weight of the evidence that a defendant violated a term of his probation E. holding that a defendant was not constitutionally entitled to counsel at a probation revocation hearing when he admitted to violating the terms of his probation and refused the district courts offer to appoint counsel

assistant: The best answer is B. holding that a defendants aggressive conduct and shoving of another individual violated the terms of his probation
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: if you live in ( or , if a business , your principal place of business is in ) the united states , the laws of the state where you live govern all claims , regardless of conflict of laws principles , except that the federal arbitration act governs all provisions relating to arbitration .

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 Administrative Agent shall have received from the NF Parties (i) any historical financial information regarding the NF Parties requested by the Administrative Agent, (ii) any financial projections, origination projections, and cash uses and sources reports with respect to the NF Parties requested by the Administrative Agent, and (iii) any other financial information regarding the NF Parties as the Administrative Agent may reasonably request.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [a] grievance ... opened him up to assault from his fellow inmates”); Carl v. Griffin, No. 08 Civ. 4981, 2011 WL 723553, at *5 (S.D.N.Y. Mar. 2, 2011) (“Defendants’ alleged ‘threats’ and/or ‘harassment’ of Plaintiff were also insufficiently direct or specific to deter an ordinary inmate from exercising his first amendment rights.”); Mateo, 682 F.Supp.2d at 434 (dismissing retaliation claim based on threats that plaintiff “should ‘wait till he put his hands on me,’ and that ‘one day he and I will party’ ”) (internal citation omitted). In fact, this Court has granted summary judgment with respect to a retaliation claim based on a threat nearly identical to Titka’s alleged threat to “get” Barrington. See Bartley v. Collins, 2006 WL 1289256, at *6 (S.D.N.Y. May 10, 2006) (Holwell, J.) (<HOLDING>). Accord Bilal v. New York State Dept. of Options: A. holding that if you do not qualify under the hup test you never get to the statute B. holding that verbal threats if they are specific can constitute adverse action for retaliation purposes C. holding that verbal threats such as we going to get you you better drop the suit do not rise to the level of adverse action D. holding do you think i need a lawyer to be ambiguous E. holding that the district courts question do you also understand that under some circumstances you or the government may have the right to appeal any sentence that i impose did not comply with rule llbln and failed to properly notify the defendant about the waiver of his appellate rights

assistant: The best answer is C. holding that verbal threats such as we going to get you you better drop the suit do not rise to the level of adverse 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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, the Borrower may request the issuance of Letters of Credit for its own account or for the account of any of its Subsidiaries, in a form reasonably acceptable to the Administrative Agent and the applicable Issuing Bank, at any time and from time to time during the Availability Period. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Borrower to, or entered into by the Borrower with, an Issuing Bank relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

assistant: General
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 has been duly executed and delivered by the Borrower and constitutes, and each other Loan Document when executed and delivered by each Loan Party party thereto will constitute, a legal, valid and binding obligation of such Loan Party enforceable against such Loan Party, in accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent transfer or other laws now or hereafter in effect relating to creditors’ rights generally and (including with respect to specific performance) subject to general principles of equity, regardless of whether considered in a proceeding in equity or at law, and to the discretion of the court before which any proceeding therefor may be brought.

assistant: Enforceability