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: The Company shall pay on the Closing Date all expenses incident to the performance of the obligations of the Company under this Agreement, including, but not limited to: (a) all filing fees and communication expenses relating to the registration of the Securities with the SEC; (b) reserved; (c) all fees and expenses relating to the listing of all such Common Stock underlying the Securities on the Principal Market and such other stock exchanges as the Company determines; (d) all fees, expenses and disbursements relating to the registration or qualification of the Securities under the “blue sky” securities laws of such states and other jurisdictions as the Company may reasonably designate; (e) all fees, expenses and disbursements relating to the registration, qualification or exemption of the Securities under the securities laws of such foreign jurisdictions as the Company may reasonably designate; (f) the costs of all mailing and printing of the placement documents (including, without limitation, this Agreement and any “blue sky” surveys), Registration Statements, Prospectuses and all amendments, supplements and exhibits thereto and as many preliminary and final Prospectuses as the Company may reasonably deem necessary; (g) the costs and expenses of the Company’s financial public relations firm; (h) the costs of preparing, printing and delivering certificates representing the Securities; (i) fees and expenses of the Company’s Transfer Agent or DTC (as defined below); (j) reserved; (k) the fees and expenses of the Company’s accountants; and (l) the fees and expenses of the Company’s legal counsel and other agents and representatives. Such fees may be withheld at the request of the Company from the Purchase Price at the Closing. The Company shall pay, and hold the Buyer harmless against, any liability, loss or expense (including, without limitation, reasonable attorneys’ fees and out-of-pocket expenses) arising in connection with any claim relating to payment relating to subpart (i) above. Except as otherwise set forth in the Transaction Documents, each party to this Agreement shall bear its own expenses in connection with the sale of the Securities to the Buyer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: presented, and that no recovery can be had in any event. This rule is pertinent where the record indicates that other and additional evidence might be adduced in support of plaintiffs action and enable him to make a submissible case. Because the evidence does not establish that plaintiff could not make a sub-missible case against defendant if the evidence were fully developed, we decline to reverse and direct the entry of a verdict for defendant. It is appropriate to remand the case for a new trial in which the possibility for a recovery by the plaintiff will remain if sufficient evidence is produced. Id. at 517 (citations omitted). See also Affiliated Acceptance Corp. v. Boggs, 917 S.W.2d 652, 656 (Mo.App.1996); Moss v. Nat’l Super Mkts., Inc., 781 S.W.2d 784, 786 (Mo. banc 1989) (<HOLDING>). As noted, supra, Dr. Mandrace-hia’s written Options: A. holding that the general rule is that a plaintiffs verdict should be reversed without remand for a new trial only if the appellate court is convinced that the plaintiff could not make a submissible case on retrial B. holding that where supreme court in prior appeal reversed and remanded for such further proceedings as may be necessary to determine the issue of accounting only trial court on remand could not consider defendants new defenses to joint venture and fraud claims determined in first trial C. holding that the district court should be reversed for abusing its discretion only if we are firmly convinced of a mistake that affects substantial rights citation and internal quotation marks omitted D. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand E. holding that the trial court can and should grant a new trial if the manifest weight of the evidence is contrary to the verdict

assistant: The best answer is A. holding that the general rule is that a plaintiffs verdict should be reversed without remand for a new trial only if the appellate court is convinced that the plaintiff could not make a submissible case on retrial
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: jurors 7, 9, 20, 41,43, 65, and 84 as those who expressed concerns about the facts of the case. None of these individuals were ultimately empaneled: five were excused for cause because they stated they could not be fair and impartial, one was stricken by the defense using a peremptory challenge, and one was not selected. See State v. Rackley, 2000-NMCA-027, ¶ 9, 128 N.M. 761, 998 P.2d 1212 (explaining that “[t]he jury selection process, including the excusal of jurors for cause, insures that a defendant is tried before an impartial jury”). Finally, Defendant had two remaining peremptory challenges at the conclusion of jury selection and has not offered an explanation as to why she did not exercise those challenges. See State v. Isiah, 1989-NMSC-063, ¶ 29, 109 N.M. 21, 781 P.2d 293 (<HOLDING>), overruled on other grounds by State v. Options: A. holding that a white defendant can object to the exclusion of minority jurors through the use of peremptory challenges B. holding that a defendants exercise of peremptory challenges is not denied or impaired when the defendant chooses to use a peremptory challenge to remove a juror who should have been excused for cause C. holding that is not the fact that a jury is all white or all black that violates batson rather it is the racially discriminatory use of peremptory challenges to strike jurors D. holding that the defendant was precluded from asserting error where the defendant had used all of his peremptory challenges and did not ask for more E. holding that where a defendant does not use all of his or her peremptory challenges the defendant may not complain of prejudice for failure to dismiss prospective jurors

assistant: The best answer is E. holding that where a defendant does not use all of his or her peremptory challenges the defendant may not complain of prejudice for failure to dismiss prospective jurors
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: at 136 (quoting Reed, 244 F.3d at 259) (internal quotation mark omitted). Jones cannot satisfy the first prong of this test because he presented no basis to his employer for his claim that a six-month delay beyond December 31, 2008 (until he was eligible to take the exam again) was reasonable. He also did not show any reason for the employer to conclude he would pass the exam if given yet another opportunity to take it. “One element in the reasonableness equation is the likelihood of success.” Evans v. Fed. Express Corp., 133 F.3d 137, 140 (1st Cir.1998); see also Halpem, 669 F.3d at 465 (“[T]he indefinite duration and uncertain likelihood of success of [plaintifO’s proposed accommodation renders it unreasonable.”); Jakubowski v. Christ Hosp., Inc., 627 F.3d 195, 202 (6th Cir.2010) (<HOLDING>). Thus, in Evans, this court held that an Options: A. holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada B. holding that coming to work regularly is an essential function C. holding proposed accommodation unreasonable where plaintiff failed to show how proposal would allow him to overcome a key obstacle to performing an essential function D. holding the plaintiff failed to make a prima facie case that the defendants failure to promote him was discriminatory where the plaintiff failed to that show he was qualified for the relevant position E. holding that the hospital failed to show how it was harmed by failure to verify the rule to show cause

assistant: The best answer is C. holding proposed accommodation unreasonable where plaintiff failed to show how proposal would allow him to overcome a key obstacle to performing an essential function
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: accept payment directly from Weststar for work performed under the subcontract “when and if paid” by the Navy does not constitute a “clear and explicit” waiver of its Miller Act rights. Although the district court was correct in stating that “there is nothing about the Miller Act that forecloses the parties from restructuring the subcontract governing their relationship when, in adversity, they seek to cut their respective losses,” the Miller Act does not permit such “restructuring” to preclude a subcontractor from exercising its rights in accordance with the express terms of the Act in the absence of a “clear and explicit” waiver of those rights. A subcontractor that has performed as agreed need not await the Government’s payment of the contractor before i d 999, 1001 (4th Cir.1951) (<HOLDING>); United States ex rel. Benkart Co. v. John A. Options: A. holding under the predecessor statute to the miller act that the cost of food clothing and lodging for laborers is recoverable under the terms of the miller act B. holding that the cost of capital equipment is not recoverable under the terms of the miller act C. holding that injuries suffered by laborers are not recoverable under the terms of the miller act D. holding that lost profits are not recoverable under the terms of the miller act E. holding that freight and transportalion charges are not recoverable under the terms of the miller act

assistant: The best answer is C. holding that injuries suffered by laborers are not recoverable under the terms of the miller act
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: Executive shall be entitled to receive reimbursement from Company for reasonable out-of-pocket expenses incurred by Executive during the Term in connection with the performance of Executive’s duties and obligations under this Agreement, according to Company’s expense account and reimbursement policies in place from time to time and provided that Executive shall submit reasonable documentation with respect to such expenses; provided, however , in no event shall a reimbursement be made later than December 31 of the year following the year in which the expense was incurred.

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: Personnel means any and all staﬀ, employees, directors, oﬃcers and professional advisors of a Party 4.1 A Receiving Party shall only disclose or reveal any Conﬁdential Information disclosed to it to those of its Personnel who are required in the course of their duties to receive and consider the same in so far as is necessary to fulﬁl the Purpose.

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 case excerpt and choose the best holding from the options. Case excerpt: (overruling Wilkinson v. State, 899 S.W.2d 20 (Tex.App.— San Antonio 1995, pet. ref d)); Ybarra, 942 S.W.2d at 38; Norton v. State, 918 S.W.2d 25, 28 (Tex.App.—Houston [14th Dist.] 1996), pet. dism’d improvidently granted, 969 S.W.2d 3 (Tex.Crim.App.1998); Ex parte Knight, 904 S.W.2d 722, 725 (Tex. App. — Houston [1st Dist.] 1995, pet ref d). Other courts of appeals have continued to follow Tatum and hold that the proper remedy for the unindicted accused is to seek and obtain a ruling on an article 32.01 motion prior to indictment. See, e.g., Steinmetz v. State, 968 S.W.2d 427, 432 (Tex.App.—Texarkana 1998, no pet.); Ex parte Barnes, 959 S.W.2d 313, 320 (Tex. App.—Fort Worth 1997, pet. granted); Fisk, 958 S.W.2d at 509; State v. Condran, 951 S.W.2d 178, 191-92 (Tex.App.—Dallas 1997) (<HOLDING>), pet. dism’d improvidently granted, 977 S.W.2d Options: A. holding that the 1999 version of the sorp like the 1997 version is nonpunitive in both intent and effect B. holding in part that the 1987 version of article 28061 was unconstitutional C. recognizing that the appellant improperly premised his arguments on his evidence and his version of the disputed facts despite his purporting to accept the plaintiffappellees version and proceeding with our appellate review by accepting the plaintiffappellees version of the disputed facts and evidence D. holding unconstitutional a prior version of rc 231521 which provided that the court not the jury would determine the amount of punitive or exemplary damages E. holding that a statute of limitations defense raised for the first time during trial was waived construing a previous version of federal rule of criminal procedure 12 that was not substantively different from the current version

assistant: The best answer is B. holding in part that the 1987 version of article 28061 was unconstitutional
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: liability and negligence ... to failure to warn and manufacturing-and-design defect.” Lemelle, 698 F.Supp.2d at 682-83 (noting that state law product liability claims are preempted by the MDA); In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation, 592 F.Supp.2d 1147, 1152 (D.Minn.2009) (collecting cases); see also Funk, 673 F.Supp.2d at 531 (dismissing claims for strict liability, negligence, and violations of the DTPA); Delaney, 2009 WL 564243, at *2-*7 (concluding that Plaintiffs claims for failure to warn, defective manufacture, defective design, negligence and recklessness, breach of warranties, and fraud were preempted because they imposed different or additional requirements upon the Trident System); Horowitz v. Stryker, 613 F.Supp.2d 271 (E.D.N.Y.2009) (<HOLDING>); but see Hofts v. Howmedica Osteonics Corp., Options: A. holding the mda did not preempt plaintiffs state common law claims for defective design defective manufacture and failure to warn B. holding that plaintiffs negligence defective manufacturing defective design breach of warranty and failure to warn claims were preempted by the mda and fdca defined below C. holding that acts of improper maintenance were insufficient to defeat plaintiffs defective design claim D. holding with respect to class iii device not subject to pma process that negligent marketing and inadequate warning claims were preempted but defective design claim was not preempted because no fda design requirement existed E. holding warranty liability and strict liability were both shown by proof a product was defective

assistant: The best answer is B. holding that plaintiffs negligence defective manufacturing defective design breach of warranty and failure to warn claims were preempted by the mda and fdca defined below
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 Officer agrees that a breach of any of the covenants of this Section 5 would cause material and irreparable harm to the Company that would be difficult or impossible to measure, and that damages or other legal remedies available to the Company for any such injury would, therefore, be an inadequate remedy for any such breach. Accordingly, the Officer agrees that if he or she breaches any term of this Section 5, the Company shall be entitled, in addition to and without limitation upon all other remedies the Company may have under this Agreement, at law or otherwise, to obtain injunctive or other appropriate equitable relief, without bond or other security, to restrain any such breach. Such equitable relief in any court shall be available to the Company in lieu of, or prior to or pending determination in any arbitration proceeding.

assistant: Remedies
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 case like State v. Hampton, 152 Or App 742, 954 P2d 1267 (1998), in which a total delay of nearly two years consisted primarily of a 19-month delay that was caused entirely by the court’s inattention to a motion that it had taken under advisement. Here, as in Myers, there was a continuing dialogue between the court and the parties — including numerous scheduling and status conferences — at least every five months, and, as set out above, much of the delay was the result of the kind of “routine scheduling delays that are always present.” Myers, 225 Or App at 677. However, under the “Sta was required where eight months of delay out of a total of 11.5 months attributable to the state was due to simple neglect); cf. State v. Doak, 235 Or App 351, 231 P3d 1181, rev den, 349 Or 171 (2010) (<HOLDING>); State v. Lee, 234 Or App 383, 391-92, 228 P3d Options: A. holding that trial delay for dna testing was attributable to the state but was mere negligence B. holding that dismissal was required where overall length of prosecution was 16 months state was responsible for 13 months of delay and six months of that delay was due to simple neglect C. holding that the district court did not abuse its discretion in declining to apply laches where the only prejudice shown by the government was attributable to its own delay rather than to that of the movant D. holding that dismissal of indictment was abuse of discretion when delay attributable to the government was twelve months E. holding that dismissal was not required where entire 13month delay attributable to state was reasonably explained

assistant: The best answer is E. holding that dismissal was not required where entire 13month delay attributable to state was reasonably explained
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: Act’s definition of “person,” which could potentially subject governmental entities to liability. Id. at 73-74. “But general statements by the Legislature that ‘no substantive change in the law is intended’ must be considered with the clear, specific language used” in section 38.001. Fleming Foods of Tex., Inc. v. Rylander, 6 S.W.3d 278, 284 (Tex.1999). “[W]hen, as here, specific provisions of a ‘nonsubstantive’ codification and the code as a whole are direct, unambiguous, and cannot be reconciled with prior law, the codification rather than' the prior, repealed statute must be given effect.” Id. at 286. Thus, under the plain language of section 38.001(8), a person may not recover attorney’s fees against a partnership. Cfi Ganz v. Lyons P’ship, L.P., 173 F.R.D. 173, 176 (N.D.Tex.1997) (<HOLDING>). Without any other authority for the award of Options: A. holding that tcprc section 380018 authorizing recovery of attorneys fees against individual or corporation does not provide for award of attorneys fees against limited partnership B. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees C. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency D. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees E. holding merely that the evidence was sufficient to support the award of attorneys fees

assistant: The best answer is A. holding that tcprc section 380018 authorizing recovery of attorneys fees against individual or corporation does not provide for award of attorneys fees against limited partnership
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: using the formula as outlined in part I, supra, it must next determine if the protest petitions on file constitute the necessary twenty percent minimum of that total acreage. Thus, for pur poses of Unruh, the “percentage of the protest petitions” will then be determined, which in turn allows for a calculation as to whether that percentage is quantitatively sufficient to warrant a three-fourths vote in order to enact the zoning change. Moreover, the process of imposing the formula as described in part I, supra, simultaneously forces the City to assess “the accuracy of the petitions” — thereby fulfilling the Unruh requirement that all protest petitions prove qualitatively sufficient — by weeding out any petitions from persons who do not qualify under the protester criteria. See id. (<HOLDING>); see also N.C.G.S. § 160A-385 (providing that Options: A. holding insurers duty to defend is determined by allegations in the petition B. holding that it is not C. holding that it is the zoning authoritys statutory duty to conduct such petition evaluations D. holding that before denying petition trial court must conduct an evidentiary hearing and state specific reasons for denying the petition E. holding that such a duty exists

assistant: The best answer is C. holding that it is the zoning authoritys statutory duty to conduct such petition evaluations
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, the Business and the Assigned Assets conform, in all material respects, to all applicable statutes, codes, ordinances, licensing requirements and other Laws, and no product or service manufactured, distributed and/or delivered by the Company violates any Law in any material respect. The Company has, since its inception, complied in all material respects with all Laws, decrees, filing and reporting requirements, awards and Orders applicable to the Company, including those relating to employment, employee benefits, marketing, sale and distribution of products, manufacture and labeling of products, trade regulation, antitrust and warranties; and there is not any claim pending against the Company arising from or related to any violations thereof. No notice from any Governmental Authority or other Person of any violations of any Law in connection with the Assigned Assets or operations of the Business has been received by the Company; nor has any communication been received in connection with any actual or potential inquiry or investigation by any governmental body.

assistant: Compliance With 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: References herein to rights and obligations of the Grantee shall apply, where appropriate, to the estate or other legal representative of the Grantee or his successors and assigns as permitted under this Agreement, as the case may be, without regard to whether specific reference to such estate or other legal representative or his successors and assigns is contained in a particular provision of this Agreement. The headings of Sections contained in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.

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

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

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, including its attached Exhibits, constitutes the entire employment agreement between Sauers and the Company regarding the terms and conditions of his employment, with the exception of those provisions of the 2008 Plan (and any predecessor plan) and related award agreements incorporated by reference pursuant to Sections 5 and 7. This Agreement supersedes all prior negotiations, representations or agreements between Sauers and the Company, whether written or oral, concerning Sauers’ employment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, any Borrower, the Administrative Agent, any Swing Line Lender or any L/C Issuer, sell participations to any Person (other than a natural person, a Defaulting Lender or the Company or any of the Company’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “ Participant Register ”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) of the United States Treasury Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (Shiff, J.) (Chapter 13 plan not barred from modifying claim secured by debtor’s principal residence and two rental units in which debtors do not reside.). The debtor, in her memorandum, requests this court not to follow Moreland and Spano and to accept the construction adopted by Third Circuit rulings — that if a mortgagee takes a security interest in any of the above-identified items, the mortgage, under the express terms of § 1322(b)(2), takes security interests in property other than the real property. Sapos v. Provident Inst. of Sav., 967 F.2d 918, 925 (3d Cir.1992) (Security interest in wall-to-wall carpeting and rents and profits placed claim outside the anti-modification provision of § 1322(b)(2).); Wilson v. Commonwealth Mortgage Corp., 895 F.2d 123, 128-29 (3d Cir.1990) (<HOLDING>); In re Hammond, 27 F.3d 52, 57-58 (3d Options: A. holding alternatively that rights of undersecured claimant could be modified notwithstanding 1322b2 because mortgagees security interest which attached to appliances machinery furniture and equipment whether fixtures or not was not secured only by a security interest in real property B. holding security interest in insurance premiums perfected by creation of security interest C. holding that the trustee could not avoid a security interest under section 549 when that security interest was authorized by the bankruptcy court D. holding that although a financing statement may be used to assist in the interpretation of the security agreement the financing statement does not create a security interest and cannot extend a security interest beyond what has been unambiguously described in a security agreement E. holding that under virginia law a banks security interest which secured a loan made to refinance preexisting debt was a nonpossessory nonpurchasemoney security interest

assistant: The best answer is A. holding alternatively that rights of undersecured claimant could be modified notwithstanding 1322b2 because mortgagees security interest which attached to appliances machinery furniture and equipment whether fixtures or not was not secured only by a security interest in real property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Schedule 2.06, there is no legal action or any proceeding or investigation ("Action") pending or, to the knowledge of Sellers, threatened against the Sellers which could have a material adverse affect on their assets, financial condition or ability to execute and perform this Agreement (a "WESTERN Material Adverse Effect").

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: the youth had been adjudicated under § 54.03 of the Family Code, consideration of the adjudication for enhancement purposes must still comport with various subsections of § 12.42, and, one of those subsections was and is that which prohibits the use of a state jail felony for purposes of an enhancement, i.e. § 12.42(e). Interpreting the statute otherwise would lead to an end more onerous for youths than adults. If the State were correct, then in those situations where the accused was an adult when the state jail felony occurred, the latter could not be used for enhancement purposes. However, if the identical state jail felony were committed when the accused was a minor, then it could be used. That is a non-sensical result. Weightman v. State, 975 S.W.2d 621, 623-24 (Tex.Crim.App.1998) (<HOLDING>). We opt not to impute to the legislature an Options: A. recognizing the legal concept that when interpreting a statute it is presumed that the legislature did not intend an absurd or unreasonable result B. recognizing that when interpreting a statute a courts inquiry begins with the text C. holding that when interpreting statute court must avoid a conclusion that is not supported when construing every part or section of the statute and would yield an absurd result D. recognizing that the absurdity of the result is a factor to consider when interpreting a statute E. holding that we are to apply the legislative intent underlying a statute and to construe the statute in such a way as to prevent absurdity

assistant: The best answer is D. recognizing that the absurdity of the result is a factor to consider when interpreting a statute
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: adopting the “first-served rule” and others following the “last-served rule.” When applied, these rules produce very different results. The genesis of the “first-served rule” was Getty Oil Corp. v. Insurance Co. of North America, 841 F.2d 1254 (5th Cir.1988). In Getty, the Fifth Circuit reasoned that the thirty-day removal period begins to run when the first defendant is served, even though the statute itself is silent regarding multiple defendants. Getty concluded: In eases involving multiple defendants, the thirty-day period begins to run as soon as the first defendant is served.... It follows that since all served defendants must join in the petition, and since the petition must be submitted within thirty days of service on the first defendant, all served defendants must r.1986) (<HOLDING>). Other circuits have rejected the Options: A. recognizing that while defendants may freely amend their notice of removal within thirty days of service they may not add new grounds for removal after the thirty day period has expired B. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal C. holding that the laterserved defendants had thirty days from the date of service on them to file a notice of removal with the unanimous consent of their codefendants even though the firstserved codefendants did not file a notice of removal within thirty days of service D. holding that the absence in the notice of removal of copies of the summonses served on the defendants uncorrected until after the thirty 30 day removal period had expired violates 28 usc 1446a and bars removal E. recognizing that exceptional circumstances might permit removal when a laterjoined defendant petitions for removal more than thirty days after the firstserved defendant is served

assistant: The best answer is E. recognizing that exceptional circumstances might permit removal when a laterjoined defendant petitions for removal more than thirty days after the firstserved defendant is served
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: 232 (district court’s finding that “two and a half minutes from the onset of injection [of the anesthetic] is optimal” to achieve the appropriate plane of anesthesia). In light of the district court’s findings and the defendants’ recent revision to the protocol, we conclude that Patton has failed to establish a “significant possibility of success on the merits” of his Eighth Amendment claims. Hill, 126 S.Ct. at 2104. In reaching this conclusion, we agree with the district court that the critical question in this case “is not what is optimally desirable,” as, for example, in a surgical setting, but rather “what is minimally required” to avoid a violation of the Eighth Amendment. ROA, Vol. 4 at 239; see generally Gregg v. Georgia, 428 U.S. 153, 173, 96 S.Ct. 2909, 49 L.Ed.2d 859 (1976) (<HOLDING>); In re Kemmler, 136 U.S. 436, 447, 10 S.Ct. Options: A. holding that the death penalty does not violate the prohibition against cruel punishments set forth in article 1 section 13 of the pennsylvania constitution B. holding that emotional pain and a need for counseling combined with physical pain medical bills loss of employment and a need for sexual therapy supported a claim of intentional infliction of emotional distress C. holding that claims are related if they involve a common core of facts or they are based on related legal theories D. holding that punishments are cruel when they involve torture or a lingering death E. holding that punishments are cruel when they involve the unnecessary and wanton infliction of pain

assistant: The best answer is E. holding that punishments are cruel when they involve the unnecessary and wanton infliction of pain
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 agrees that, after the end of her employment, he will refrain from making, in writing or orally, any unfavorable comments about the Company, its operations, policies, or procedures that would be likely to injure the Company’s reputation or business prospects; provided , however , that nothing herein shall preclude the Executive from responding truthfully to a lawful subpoena or other compulsory legal process or from providing truthful information otherwise required by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Because we can find no genuine issues of material fact, we conclude that, based on the applicable precedent, defendant is entitled to judgment as a matter of law on this record. B. ANALYSIS 1. Legal Standards The Takings Clause of the Fifth Amendment prohibits the taking of private property for public use without just compensation. U.S. ConstAmend. V. Generally, the applicable precedent recognizes two types of compensable takings. Golden Pac. Bancorp v. United States, 15 F.3d 1066, 1071-72 (Fed.Cir.1994). First, government action which effects a physical invasion of private property or which amounts to a permanent occupation thereof arises to a taking under the Constitution. See, e.g., Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982) (<HOLDING>). This type of regulatory action is Options: A. holding the claimant established by clear and convincing evidence that her depression was caused by her compensable physical injury B. holding that a new york law which required a landlord to permit a cable television company to install its cable facilities on his property was a taking C. holding the installation of catv facilities on plaintiffs property to be a physical taking D. holding that the physical occupation caused by the mandatory installation of cable television equipment was a compensable taking E. holding that a new york state law requiring the owner of an apartment building to allow the installation of cable equipment on the building which amounted to a few wires and a small box on the roof constituted a taking

assistant: The best answer is D. holding that the physical occupation caused by the mandatory installation of cable television equipment was a compensable taking
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 (i) may not be assigned or transferred, in whole or in part, by operation of law or otherwise, by either Party without the prior written consent of the other Party, and (ii) may not be amended or modified, by course of conduct or otherwise, except in a writing duly executed by each of the Parties. Any waiver of any provision of this Agreement shall be in writing duly executed by the waiving Party. The failure or delay by either Party to seek redress for any breach or default under this Agreement, or to insist upon the strict performance of any provision of this Agreement, shall not constitute a waiver thereof or of any other provision of this Agreement, and such Party shall have all remedies provided herein and at law and in equity with respect to such act and any subsequent act constituting the same.

assistant: No 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: In the event that any reason for termination by the Company under paragraph C.2(a) above, or by Executive in the case of a Constructive Termination, may be cured by Executive, or the Company, as the case may be, then the Company, or Executive, shall first give a written notice to the other (by mail, or by email, or by fax, to the last known address of the recipient; said notice being deemed given, if by mail, as of the earlier of four days after mailing or as of the date when actually received, or, if by email or fax, when sent), specifying the reason for termination and providing a period of 30 days to cure the fault or reason specified. Lacking such cure within said 30 days, or if the notified party earlier refuses to effect the cure, the termination shall then be deemed effective. If such cure is so made, the termination shall not then be deemed effective, but any later conduct of a similar nature constituting a reason for termination shall allow the Company, or Executive, as the case may be, the right to cause the termination effectiveness without need for any further period of time to cure. All communications shall be sent to the address as set forth on the signature page hereof, or to such other address as a party may designate by ten days’ advance written notice to the other party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant acknowledges that a waiver by the Company of breach of any provision of the Award Agreement shall not operate or be considered as a waiver of any other provision of the Award Agreement, or of any subsequent breach by the Participant or any other participant.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: it is niantic 's policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 3.2 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Credit Document.

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: All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or 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 other manner permitted by law. If either party shall commence an action, suit or proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under Section 4.12 , the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys' fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

assistant: Governing Laws