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 Lender may assign all or any fraction of the Lender’s Obligations and Commitment; provided that (i) so long as no Event of Default has occurred and is continuing, the Lender shall have obtained the prior written consent of the Company to any such assignment, which consent, in the case of an assignment to an Affiliate of the Lender with a credit rating not less than the credit rating of the assigning Lender at such time, shall not be unreasonably withheld or delayed, and (ii) such assignee is a NAIC Approved Bank. From and after the date on which the conditions described above have been met, (1) such assignee shall be deemed automatically to have become a party hereto and, to the extent that rights and obligations hereunder have been assigned and delegated to such assignee, shall have the rights and obligations of the Lender hereunder, and (2) the assignor, to the extent that rights and obligations hereunder have been assigned and delegated by it, shall be released from its obligations hereunder (and, in the case of an assignment of its Commitment and all of its Letters of Credit, shall cease to be the Lender (but shall continue to have all rights and obligations under provisions hereof which by their terms survive the termination hereof)). Any attempted assignment and delegation not made in accordance with this Section 9.06(b) shall be null and void. Notwithstanding the foregoing provisions of this Section 9.06 or any other provision of this Agreement, the Lender may at any time assign any portion of its rights under this Agreement to the Federal Reserve Bank or any central bank; provided that no such assignment shall release the Lender from any of its obligations hereunder.

assistant: Assignments
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: Whenever any payment of cash is to be made by the Company to any Person pursuant to this Note, unless otherwise expressly set forth herein, such payment shall be made in lawful money of the United States of America by a certified check drawn on the account of the Company and sent via overnight courier service to such Person at such address as previously provided to the Company in writing, provided that the Holder may elect to receive a payment of cash via wire transfer of immediately available funds by providing the Company with prior written notice setting out such request and the Holder’s wire transfer instructions. Whenever any amount expressed to be due by the terms of this Note is due on any day which is not a Business Day, the same shall instead be due on the next succeeding day which is a Business Day. Any amount of Principal or other amounts due under the Transaction Documents which is not paid when due shall result in a late charge being incurred and payable by the Company in an amount equal to interest on such amount at the rate of twelve percent (12%) per annum from the date such amount was due until the same is paid in full (“ Late Charge ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands or other communications that are required or may be given pursuant to the terms of this Warrant shall be in writing and delivery shall be deemed sufficient in all respects and to have been duly given on the date of service if delivered personally or by facsimile transmission if receipt is confirmed to the party to whom notice is to be given, or on the third day after mailing if mailed by first-class mail, return receipt requested, postage prepaid, and properly addressed to Holder at the address set forth on the signature page of this Warrant and the Company at 3000 Kent Avenue, Suite A1-100, West Lafayette, IN 47906, or to any other address as either party may specify in writing.

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 Parties agree that irreparable injury will occur in the event that any of the provisions of this Agreement is not performed in accordance with its specific terms or is otherwise breached. Each Party shall be entitled to an injunction or injunctions to prevent or remedy any breaches or threatened breaches of this Agreement by any other Party, to a decree or order of specific performance to specifically enforce the terms and provisions of this Agreement and to any further equitable relief. The Parties’ rights in this Section 11 are an integral part of this Agreement and each Party hereby waives any objections to any remedy referred to in this Section 11 (including any objection on the basis that there is an adequate remedy at Law or that an award of such remedy is not an appropriate remedy for any reason at Law or equity). For the avoidance of doubt, each Party agrees that there is not an adequate remedy at Law for a breach of this Agreement by any Party. In the event any Party seeks any remedy referred to in this Section 11 , such Party shall not be required to obtain, furnish, post or provide any bond or other security in connection with or as a condition to obtaining any such remedy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the knowledge of the Company, the Company and the Subsidiaries have, or have rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights necessary or required for use in connection with their respective businesses as described in the SEC Reports and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). Except as set forth on Schedule 3.1(p) , neither the Company nor any Subsidiary has received a notice (written or otherwise) that any of its Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned, within two (2) years from the date of this Agreement. Neither the Company nor any Subsidiary has received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as would not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company and its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of all of their intellectual properties, except where failure to do so would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

assistant: Intellectual 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are not permitted to and agree not to post any user content to the service that is or could be interpreted to be ( i ) abusive , bullying , defamatory , harassing , harmful , hateful , inaccurate , infringing , libelous , objectionable , obscene , offensive , pornographic , shocking , threatening , unlawful , violent , or vulgar , ( ii ) promoting any product , good or service , or bigotry , discrimination , hatred , intolerance , racism , or inciting violence ( including suicide ) , or ( iii ) with respect to sr samples ( and , for the avoidance of doubt , the musical works embodied therein ) , making a political message for or against any person , party , political belief or issue , of a religious nature , or harshly critical of any sr samples , the copyright owner ( s ) thereof , or any author , contributor or royalty participant of an sr sample , in each of clauses ( i ) , ( ii ) and ( iii ) of this section , as the company may determine in its sole and absolute discretion ( collectively , `` objectionable content '' ) .

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: Any mortgage, deed of trust, pledge, hypothecation, security interest, encumbrance, lien, lease or charge of any kind, whether voluntarily incurred or arising by operation of law or otherwise, affecting any Sale Assets, including any written or oral agreement to give or grant any of the foregoing, any conditional sale or other title retention agreement, and the filing of or agreement to give any financing statement with respect to any of the Sale Assets under the Uniform Commercial Code as adopted in the state of Delaware.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it does not he in tort for purposes of the CGIA. It is a matter of first impression for this court as to whether a claim for unjust enrichment is a claim that lies or could lie in tort for the purposes of the CGIA. Unjust enrichment is a form of quasi-contract or contract implied in law that does not depend in any way upon a promise or privity between the parties. DCB Constr. Co., Inc. v. Cent. City Dev. Co., 965 P.2d 115, 119 (Colo.1998). The test for recovery under an unjust enrichment theory requires a showing that (1) at plaintiffs expense (2) defendant received a benefit (3) under circumstances that would make it unjust for defendant to retain the benefit without paying. Id. at 119-20. The scope of the remedy is broad, cutting across 230 Ill.Dec. 55, 692 N.E.2d 1221, 1225 (1998) (<HOLDING>); Hydro Conduit Corp. v. Kemble, 110 N.M. 173, Options: A. holding that there is no cause of action in california for unjust enrichment B. holding that unjust enrichment claim alleging fraudulent inducement was based on tort theory C. holding that where a prior agreement fixed the salary of the plaintiff plaintiff could not seek to recover for his services on a theory of unjust enrichment D. holding economic loss rule did not bar recovery of tort damages on statutory fraud claim based upon fraudulent inducement E. holding that plaintiffs unjust enrichment claim was predicated on tort and that it was therefore subject to the statute of limitations for tort actions

assistant: The best answer is B. holding that unjust enrichment claim alleging fraudulent inducement was based on tort theory
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Adam's minority. As to Monica, the requirement runs until the end of the alimony term or until she obtains health insurance through employment. 3 . Monica regularly receives the child support and alimony payments required of Russell by the divorce decree. 4 . See Schedule J, dated April 4, 1996. I note that Russell’s monthly income has increased substantially over the $2,383.33 he listed on Schedule I at filing. 5 . The debts at issue here are Russell's obligations to hold Monica harmless from certain of her creditors. Such obligations as Russell himself may have to those creditors (by contract or otherwise in the absence of the divorce decree) are outside the purview of § 523(a)(5) and § 523(a)(15). See, e.g., Ianke v. Ianke (In re Ianke), 185 B.R. 297, 300 (Bankr.E.D.Mo.1995) (<HOLDING>). 6 . Section 523(a)(5) provides: (a) A Options: A. holding that insurance obligation was primary to indemnity obligation B. holding that there may be an obligation to defend under an insurance policy even though there is no obligation to indemnify C. recognizing that a divorce decree obligation to hold an exspouse harmless from a debt creates an obligation between the debtor and the exspouse separate from any obligation the debtor may owe to the creditor D. holding that an alleged oral agreement between a manufacturer and a distributor lacked mutuality of obligation and was enforceable where the distributor had no obligation to sell any specific quantity and no obligation to meet any quotas E. holding that a debt for attorney fees incurred by an exspouse in a postjudgment divorce contempt proceeding was nondischargeable

assistant: The best answer is C. recognizing that a divorce decree obligation to hold an exspouse harmless from a debt creates an obligation between the debtor and the exspouse separate from any obligation the debtor may owe to the creditor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No delay or failure on the part of any party hereto in exercising any right, power or privilege under this Agreement or under any other instrument or document given in connection with or pursuant to this Agreement shall impair any such right, power or privilege or be construed as a waiver of any default or any acquiescence therein. No single or partial exercise of any such right, power or privilege shall preclude the further exercise of such right, power or privilege. No waiver shall be valid against any party hereto unless made in writing and executed by the party against whom enforcement of such waiver is sought and then only to the extent expressly specified therein.

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: Executive agrees and covenants that Executive will not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning the Company or its businesses, or any of its employees, officers, and existing and prospective customers, suppliers, investors and other associated third parties. The Company agrees and covenants that it will not authorize the making, publishing or communicating of, nor will the Board or any ex ecutive officers of the Company at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning Executive.

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: landlords, repairpersons, etc.) would need to turn off utilities that involve any risk of hazard (e.g., gas, electricity) whenever they leave a property. These unnecessary shutoffs would result in burdens and inconveniences to businesses and the general public. Courts in other states have repeatedly found that in the absence of actual control, a property owner owes no duty to a contractor or a contractor’s employee who suffers injury from being electrocuted on the property owner’s premises. Merritt v. Bethlehem Steel Corp., 875 F.2d 603, 605-07 (7th Cir.1989) (rejecting the claim of a contractor’s employee that the premises owner had a duty to deenergize the lines where the contractor worked); Wells v. Gen. Elec. Co., 807 F.Supp. 1202, 1211 (D.Md.199 775 N.Y.S.2d 385, 386 (2004) (<HOLDING>). As we noted above, this case is basically the Options: A. holding that an employee could not be bound to an arbitration agreement that had been mailed to him by his employer acceptance of which was indicated by employees continued tenure with the company where there was no evidence in the record that the employee had received read or understood the document B. holding that a landowner owed no duty of care to a contractors employee in the situation posed by the parties C. holding that a general contractor owed no duty to an employee of a subcontractor to warn of dangers of electrocution D. holding that broker owed no fiduciary duty to client as a matter of law E. holding a company that serviced a coffee maker owed no duty to an employee who received an electric shock while attempting to clean the coffee maker

assistant: The best answer is E. holding a company that serviced a coffee maker owed no duty to an employee who received an electric shock while attempting to clean the coffee maker
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: lies cannot be ascertained by one skilled in the art. So long as the disclosure defines structure to render the bounds of the claim understandable to one of ordinary skill in the art, the specification need not disclose a specific formula or mathematical equation, and text or. a flowchart may sufficiently disclose an algorithm. AllVoice Computing PLC v. Nuance Comm’cns, Inc., 504 F.3d 1236, 1245 (Fed.Cir.2007); see also WMS Gaming, 184 F.3d at 1347-49; In re Freeman, 573 F.2d 1237, 1245-46 (C.C.P.A.1978) (discussing “algorithm” in the context of 35 U.S.C. § 101). However, if the specification merely states a computer or microprocessor performs the claimed function, the specification does not disclose adequate structure and the claim is indefinite. Aristocrat Techs., 521 F.3d at 1337-38 (<HOLDING>); Finisar Corp. v. The DirecTV Group, Inc., 416 Options: A. holding claim indefinite as the specification did not disclose sufficient structure where disclosure stated one of ordinary skill in the art could program a computer with appropriate programming to perform a control means function B. holding that claims that contradicted the specification were invalid as indefinite C. holding that the determination of whether sufficient structure is disclosed in the specification to support a meansplusfunction limitation is based on the understanding of one skilled in the art D. holding that a claim was not indefinite for using the term selector because it was a standard component and its structure was well known in the art E. holding that the moving party must show prior art references which alone or combined with other references would have rendered the invention obvious to one of ordinary skill in the art at the time of the invention

assistant: The best answer is A. holding claim indefinite as the specification did not disclose sufficient structure where disclosure stated one of ordinary skill in the art could program a computer with appropriate programming to perform a control means 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 legal provision and list the applicable contract clause categories. Provision: The Parties hereto have jointly participated in the negotiation and drafting of this Agreement. If an ambiguity or question of intent or interpretation arises, this Agreement will be construed as if drafted jointly by the Parties hereto and no presumption or burden of proof will arise favoring or disfavoring any Party hereto because of the authorship of any provision of this Agreement.

assistant: Construction
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 waiver by either party of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of a subsequent breach of the same term or provision by either party or of the breach of any other term or provision of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: Accordingly, the district court did not abuse its discretion in excluding [the witness] from testifying as an expert witness at trial.”). We come to the same conclusion with respect to the court’s ruling limiting the scope of Mr. Quinn’s testimony to the prosecution history and the topic of plumes, because they were the only matters within his relevant expertise. Although a mechanical engineer by training, his technical experience was limited to satellite design while employed as an engineer at General Electric. Accordingly, we cannot say the district court did not act within its discretion in finding Mr. Quinn unqualified to testify about laboratory equipment used in the development of drug delivery devices. See, e.g., Malave-Felix v. Volvo Car Corp., 946 F.2d 967, 973 (1st Cir.1991) (<HOLDING>). In sum, we see no abuse of discretion in the Options: A. holding that court did not abuse its discretion in permitting the deposition of administrative decisionmakers because the party disavowed any intent to question the commissioners mental processes B. holding trial court acted within its discretion in excluding expert testimony C. holding that district court did not abuse its discretion in excluding testimony of mechanical engineer in products liability case involving automobile because expert did not have specific experience regarding subject matter of lawsuit D. holding that the trial court acted within its discretion in determining that the expertise of an automobile systems expert did not extend to the mental processes and human factors which may have caused an automobile accident E. holding that trial court did not abuse its discretion by determining expert witness was qualified to testify

assistant: The best answer is D. holding that the trial court acted within its discretion in determining that the expertise of an automobile systems expert did not extend to the mental processes and human factors which may have caused an automobile accident
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A Participant may modify an existing Salary Deferral Agreement to increase or decrease the percentage or amount being withheld by filing a new agreement with the Administrator at any time. The Participant may also at any time suspend or cancel a Salary Deferral Agreement upon reasonable written notice to the Administrator, in which event, the Participant will not be permitted to file a new Salary Deferral Agreement until the first available date the Participant would otherwise be entitled to change an existing Salary Deferral Agreement as specified above. If necessary to insure that the Plan satisfies the ADP Test, or upon a Participant reaching the Elective Deferral limit of Code §402(g), the Employer may temporarily suspend a Participant's Salary Deferral Agreement upon notice to the Participant.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the question of whether Wal-Mart’s assertion that Mazur was on probation has a basis in fact. Mazur does not allege that Hamacher invented the incident in order to cause Mazur to be put on probation, much less that Eldridge placed Mazur on probation for an incident she knew did not happen; nor does the record provide support for such a claim. 5 . Mazur also alleges that Hamacher called him a “stupid moron plate-head” on one occasion. However, Mazur himself stated that he did not hear from Bell that Hamacher had called him a “plate-head moron” until after Wal-Mart terminated him. Therefore, this comment could not have contributed to Mazur experiencing a hostile work environment. See Langlois v. McDonald’s Restaurants of Mich., Inc., 149 Mich.App. 309, 385 N.W.2d 778, 782 (1986) (<HOLDING>). 6 . Bell testified in her deposition that Options: A. holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims 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 certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it D. holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware E. holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments

assistant: The best answer is D. holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware
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 Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Holdings and its Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of Holdings and its Subsidiaries. No Agent shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter, and no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Section 6.2 of this Agreement, this written document and all Schedules and Exhibits hereto expresses the entire purchase agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreements or understandings concerning such subject matter.

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: Capitalized terms used in this Amendment, to the extent not otherwise defined herein, shall have the same meaning as in the Credit Agreement. Definitions contained in the Credit Agreement, as amended hereby, and in the other Loan Documents which identify agreements, instruments or documents shall be deemed to include all amendments and supplements to such agreements, instruments and documents and, without any obligation on the part of Lender to enter into any future amendments, modifications or supplements, all future amendments, modifications, and supplements thereto entered into from time to time.

assistant: Definitions
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: To the full extent permitted by law, the Company will, both during and after the period of the Executive's employment, indemnify the Executive (including by advancing him expenses) for any judgments, fines, amounts paid in settlement and reasonable expenses, including any attorneys' fees, incurred by the Executive in connection with the defense of any lawsuit or other claim to which he is made a party by reason of being (or having been) an officer, director or employee of the Company or any of its subsidiaries. The Executive will be covered by director and officer liability insurance to the maximum extent that that insurance covers any officer or director (or former officer or director) of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: suggests that not all aspects of the testing process are testimonial and therefore subject to a defendant’s rights under the Confrontation Clause, the examples differ from the question of whether the data that underlies an expert’s opinion is testimonial. Therefore, the decision does not directly answer our question. Nevertheless, applying the tests utilized in Melendez-Diaz, we conclude the population frequency data and the statistical programs used to make that data meaningful are nontestimonial. We first note that DNA itself is physical evidence and is nontestimonial. Wilson v. Collins, 517 F.3d 421, 431 (6th Cir. 2008); United States v. Zimmerman, 514 F.3d 851, 855 (9th Cir. 2007); see also Schmerber v. California, 384 U.S. 757, 765, 16 L. Ed. 2d 908, 86 S. Ct. 1826 (1966) (<HOLDING>). Placing this physical evidence in a database Options: A. holding that dna act violates neither substantive nor procedural due process under the fifth amendment B. holding that blood test evidence although an incriminating product of compulsion is neither testimony nor evidence relating to some communicative act or writing and is therefore not protected by the fifth amendment C. holding that the nexus between an asbestos product and plaintiff may be established by direct and circumstantial evidence and that testimony by someone with knowledge relating to the plaintiffs workplace exposure to an asbestoscontaining product is admissible D. holding that consent to search obtained after defendant invoked right to remain silent is not a selfincriminating statement because it is neither testimonial nor communicative E. holding that evidence is not required to support an an assertion relating to discovery when evidence is unnecessary to decide the matter

assistant: The best answer is B. holding that blood test evidence although an incriminating product of compulsion is neither testimony nor evidence relating to some communicative act or writing and is therefore not protected by the fifth amendment
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: & Defense Co., 82 F.3d 1251, 1255 (2d Cir.1996)). In making such a showing, the Court found it insufficient for the plaintiff to merely “point out” that the award of benefits would come from the plan administrator’s own pocket. See id. The Court, however, did not specify what kind of showing would satisfy the “improper motivation” standard. Just seven months after deciding Doyle, the First Circuit held that a plan administrator-insurer that would be responsible for paying benefits due under an ERISA-governed policy does operate under a conflict of interest, justifying application of the “reasonableness” standard of review. See Doe v. Travelers Ins. Co., 167 F.3d 53, 57 (1st Cir.1999); see also Pitman v. Blue Cross and Blue Shield of Oklahoma, 217 F.3d 1291, 1296 (10th Cir.2000) (<HOLDING>). The Court stated that “the requirement that Options: A. holding that when the insurer is also the plan administrator we have recognized something akin to a rebuttable presumption of a palpable conflict of interest B. holding that it is wrong to assume a financial conflict of interest from the fact that the plan administrator is also the insurer C. holding the district court erred by finding an automatic conflict of interest merely because insurer and administrator were the same D. holding that plan administrator that was also insurer operated under conflict of interest E. holding that a structural conflict of interest exists when an insurer acts as both the plan administrator and the funding source

assistant: The best answer is D. holding that plan administrator that was also insurer operated under conflict of 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 case excerpt and choose the best holding from the options. Case excerpt: GET contends that the language to which plaintiff cites as creating a warranty comes from GET’s 1996 brochure, printed after plaintiffs return from his vacation. The question is whether a warranty was made to guarantee injury-free travel; and, if so, whether the disclaimer validly disclaims any liability for such warranty. A warranty is either an express or implied contractual term which deals with “some aspect of the sale, such as title to the goods, or their quality or quantity.” 3 B.E. Witkin, Summary of California Law § 50 (9th ed.1987). An express warranty is “any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain.” Hauter v. Zogarts, 14 Cal.3d 104, 115 n. 9, 120 Cal.Rptr. 681, 534 P.2d 377 (1975) (<HOLDING>). A warranty of merchantability is implied in Options: A. holding inter alia defendant breached implied warranty of merchantability where an express warranty regarding safety of goods was printed on package and where goods failed to conform to the express warranty B. holding plaintiff was barred from seeking remedy because express warranty expired in accordance with time limits elucidated in the limited repair and replace warranty C. holding that an implied warranty of merchantability does not create a labeling requirement different from or in addition to those mandated by fifra because the implied warranty of merchantability arises from the sale itself not from a state labeling regulation citation omitted D. holding that warranty claim accrued at tender where 180 day warranty on computer not a warranty for future performance as it involved a remedy only E. holding that a buyer who purchases goods subject to an express warranty that the goods are free from all liens takes free of any unperfected security interest

assistant: The best answer is A. holding inter alia defendant breached implied warranty of merchantability where an express warranty regarding safety of goods was printed on package and where goods failed to conform to the express warranty
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: advance several arguments in favor of dismissal of these claims. Plaintiffs do not address the arguments. Instead, they ask the Court to dismiss the federal law claims without prejudice and allow Plaintiffs to file a Second Amended Complaint. For the reasons provided below, the Court denies leave to amend. Furthermore, because Plaintiffs utterly failed to address the arguments relating to the merits of the federal law claims, the Court dismisses those claims with prejudice. See Figueroa v. U.S. Postal Serv., 422 F.Supp.2d 866, 879 (N.D.Ohio 2006) (viewing the failure to respond to arguments in a motion to dismiss as a concession that the claim fails as a matter of law); Scognamillo v. Credit Suisse First Boston LLC, No. 03-2061, 2005 WL 2045807, at *11 (N.D.Cal. Aug.25, 2005) (<HOLDING>). 3. State Law Claims The fourth count of the Options: A. holding that plaintiffs failure to respond to argument warranted dismissal with prejudice B. holding dismissal with prejudice is appropriate remedy for failure to timely file undertaking C. holding that dismissal with prejudice is warranted where case delayed for more than a few months D. holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice E. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice

assistant: The best answer is A. holding that plaintiffs failure to respond to argument warranted dismissal with prejudice
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: Thus, under subsection (xi) of section 741(7)(A), the Security Agreements and the Guarantees are “securities contracts” to the extent that they secure debts related to (or guarantee debts incurred in connection with) safe-harbored contracts. Close inspection of the plain text of each agreement reveals this to be the case. The August Guaranty and the August Security Agreement, for example, expressly contemplated obligations owing from LBI to JPMC under the Clearance Agreement (itself, a “securities contract”). See Wolf Decl. Ex. 4 (August Guaranty) at 1 (“[certain Lehman entities] desire to transact business with and/or to obtain credit, clearing advances ... from [JPMC] ... under or in connection with the Clearance Agreement....”); Wolf Decl. Ex. 5 (Au gust Security Agreement) at 1 (<HOLDING>). The September Security Agreement and the Options: A. recognizing that mcl 57011076 provides a real property owner with a defense to a claim of lien if the owner can show that the sum of payments made pursuant to the specific contract plus the claim of lien exceed the price of the contract B. holding that the lien bond releases the property from the lien but the lien is then secured by the bond C. recognizing that the lien granted is in consideration of one or more loans letters of credit or other financial accommodation made by jpmc pursuant to the clearance agreement D. holding that section 1823e applies only to assets and does not apply to claims regarding letters of credit because letters of credit are liabilities rather than assets E. recognizing statutory credit

assistant: The best answer is C. recognizing that the lien granted is in consideration of one or more loans letters of credit or other financial accommodation made by jpmc pursuant to the clearance agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Party shall have the right to assign its rights or obligations under this Agreement without the consent of the other Parties hereto, except that PEG Inc. shall be enabled to assign its rights hereunder to an affiliate that agrees to be bound to the terms hereof; provided , that subject to the foregoing, this Agreement shall be binding on the Parties and their respective successors and assigns.

assistant: Assignments
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 Release Agreement and the Employment Agreement represent the entire agreement and understanding between the Company and Executive concerning Executive's separation from the Company and supersede and replace any and all prior agreements and understandings concerning Executive's relationship with the Company and his compensation from the Company. This Release Agreement may only be amended in writing signed by Executive and an executive officer of the Company.

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: If the Participant’s employment is terminated due to death, Disability or Retirement, the Restriction Period shall lapse immediately upon such termination with respect to a portion of the Restricted Stock Units equal to the number of Restricted Stock Units that would have vested on the next following Vesting Date (assuming the Participant’s employment had continued through such Vesting Date) multiplied by a fraction, the numerator of which is the number of full completed months elapsed since the Tranche Beginning Date (as defined below), and the denominator of which is 12, provided, however, no vesting shall occur if the Participant retires prior to the first Vesting Date unless otherwise determined by the Committee in compliance with the terms of the Plan. Such Restricted Stock Units shall be settled as provided in Section 3. Any Restricted Stock Units still subject to restriction after giving effect to the preceding sentences shall immediately be forfeited and canceled effective as of the date of the Participant’s termination. The “Tranche Beginning Date” shall be (X) the Grant Date, if the termination of employment occurs prior to the first Vesting Date, or (Y) the most recent prior Vesting Date, if the termination of employment occurs after the first Vesting Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required to be given or delivered to the Committee or the Company under the terms of this Agreement shall be in writing (including a writing delivered by facsimile) and addressed to the “Compensation Committee” at the principal office of the Company. Any notice required to be given or delivered to the Option Holder shall be in writing and addressed to the Option Holder at the address indicated above or to such other address as the Option Holder may designate in writing from time to time to the Committee. All notices shall be deemed to have been given or delivered upon: (a) personal delivery; (b) five (5) days after deposit in the United States mail by certified or registered mail; (c) one (1) business day after deposit with any return receipt courier; or (d) when receipt is acknowledged by facsimile.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: stop because they.were based on an objectively reasonable concern for officer safety under the circumstances. At the time of the search, the officers were aware that they were in a neighborhood known for a high crime rate and drug activity. They were in a building at which they had just observed significant foot traffic suggesting ongoing drug sales; the officers observed at least one known drug user entering the building. They had noticed plastic bags on the floor of the entryway that we e officers believed that Moore was carrying a weapon and stated that “it is more likely that Joyce thought the defendant was concealing contraband.” Weapons such as knives and razors can, however, be concealed inside a closed fist. Cf. State v. Williams, 249 Neb. 582, 544 N.W.2d 350, 351-54 (1996) (<HOLDING>). In any event, as the district court Options: A. holding that even though the declarant was not in danger she was experiencing an ongoing emergency because she did not know where her children were and she feared for their safety B. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination C. holding that a party has mental capacity if she appreciated the effect of what she was doing and understood the nature and consequences of her acts and the business she was transacting D. holding that the district court did not err in failing to address the defendant personally to determine whether she understood the rights she was waiving by admitting that she violated the conditions of her probation E. holding that forcing a suspect to open her closed fist was part of a terry frisk for weapons was justified because the officers could not determine what she was holding and were concerned that she might be holding a razor blade or knife

assistant: The best answer is E. holding that forcing a suspect to open her closed fist was part of a terry frisk for weapons was justified because the officers could not determine what she was holding and were concerned that she might be holding a razor blade or knife
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 not be assigned by the Company (whether by operation of law or otherwise) without the prior written consent of the Required Holders; provided, however, that in the event that the Company is a party to a merger, consolidation, share exchange or similar business combination transaction in which the Common Stock is converted into the equity securities of another Person, from and after the effective time of such transaction, such Person shall, by virtue of such transaction, be deemed to have assumed the obligations of the Company hereunder, the term “Company” shall be deemed to refer to such Person and the term “Registrable Securities” shall be deemed to include the securities received by the Holders in connection with such transaction unless such securities are otherwise eligible to be sold by the Holder thereof pursuant to Rule 144 without limitation, restriction or condition (including any current public information requirement) thereunder after giving effect to such transaction.

assistant: Assignments