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: Each of the Company and its Subsidiaries has timely filed or caused to be timely filed all Tax returns and reports required to have been filed and has timely paid or caused to be timely paid all Taxes required to have been paid by it (including in its capacity as withholding agent), except (a) Taxes that are being contested in good faith by appropriate proceedings and for which such Person has set aside on its books adequate reserves with respect thereto in accordance with GAAP or (b) where the failure to do so could not reasonably be expected to individually or in the aggregate result in a Material Adverse Effect. No material Tax liens have been filed and no material claims are being asserted with respect to any Taxes.

assistant: Taxes
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 disputes relating to, arising from, or connected in any manner with this Agreement shall be resolved exclusively through final and binding arbitration under the rules and auspices of JAMS pursuant to its Arbitration Rules & Procedures. The arbitration shall be held in the Borough of Manhattan, New York, New York. The arbitrator shall have jurisdiction to determine any claim, including the arbitrability of any claim, submitted to him/her. The arbitrator may grant any relief authorized by law for any properly established claim. The interpretation and enforceability of this Section 14.13 shall be governed and construed in accordance with the United States Federal Arbitration Act, 9 U.S.C. § 1, et seq. The parties acknowledge that the purpose and effect of this Section 14.13 is solely to elect private mediation and arbitration in lieu of any judicial proceeding either party might otherwise have available in the event of a dispute, controversy or claim between the parties. Therefore, the parties hereby waive the right to have any such dispute heard by a court or jury, as the case may be, and agrees that the exclusive procedure to redress any and all disputes, controversies and claims will be mediation and arbitration.

assistant: Arbitration
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: United States v. Solomon, 679 F.2d 1246, 1260 (8th Cir.1982). Kriens has failed to make such a showing. Kriens argues that federal authorities obtained information about his knowledge of drug-related activities in Mason City Symens. The district court specifically rejected that claim, finding there were any number of ways federal prosecutors could have obtained the information. That finding is not clearly erroneous. Further, any such information was irrelevant to the prosecution. It was unnecessary for federal authorities to prove Kriens was knowledgeable about drug activities in Mason City to succeed in the firearms prosecution. Thus, even assuming Symens disclosed confidential communications, the proper remedy would be suppression of the information. Cf. Solomon, 679 F.2d at 1251-52 (<HOLDING>). Accordingly, Kriens’ claim that the Options: A. holding that exclusionary rule only requires exclusion of evidence obtained in violation of constitutional rights and that exclusion of evidence obtained in violation of statutory rights is not necessarily required B. holding that proper remedy for failure to exhaust is dismissal of the claim without prejudice C. holding that an assertion of prejudice is not a showing of prejudice D. holding that the proper remedy if the superseding indictment operates to prejudice a defendant is a continuance E. holding that when government agents obtained information by means of a constitutional intrusion the proper remedy absent a showing of prejudice is exclusion of the information not dismissal of the indictment

assistant: The best answer is E. holding that when government agents obtained information by means of a constitutional intrusion the proper remedy absent a showing of prejudice is exclusion of the information not dismissal of the indictment
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: nothing has been taken, and thus the claimant cannot maintain a takings claim. See Am. Pelagic Fishing Co., L.P. v. United States, 379 F.3d 1363, 1372 (Fed. Cir. 2004). In general, “[v]alid contracts are property, whether the obligor be a private individual, a municipality, a state, or the United States.” Lynch v. United States, 292 U.S. 571, 579, 54 S.Ct. 840, 78 L.Ed. 1434 (1934); see U.S. Tr. Co. of N.Y. v. New Jersey, 431 U.S. 1, 19 n.16, 97 S.Ct. 1505, 52 L.Ed.2d 92 (1977) (“Contract rights are a form of property and as such may be taken for a public purpose provided that just compensation is paid.”); A&D Auto Sales, Inc. v. United States, 748 F.3d 1142, 1152 (Fed. Cir. 2014); see also United States v. Petty Motor Co., 327 U.S. 372, 380-81, 66 S.Ct. 596, 90 L.Ed. 729 (1946) (<HOLDING>). Mr. Piszel’s employment contract with Freddie Options: A. holding option to renew in lease that provided for rental amount to be negotiated but not to exceed specified amount too vague and indefinite to be enforceable B. holding that plaintiff was entitled to compensation for governments taking of option to renew a lease C. holding that governments lease of former railroad easement to state for conversion to trail was a taking D. holding that under an option requiring renewal at the expiration of the lease the lessee was required to exercise the option on or before the last day of the lease E. holding that an option to renew at the expiration of the original lease was effectively exercised because the lessees holding over without express notification of renewal was deemed an election to renew the lease

assistant: The best answer is B. holding that plaintiff was entitled to compensation for governments taking of option to renew a lease
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 Borrower shall have paid, on or prior to the Closing Date, (i) the Facility Fee payable under Section 2.12.1 , (ii) the fees payable on or before the Closing Date in the amounts set forth in the Agent Fee Letter and (iii) all costs and expenses (including payment or reimbursement of all Costs, diligence costs and consulting costs (including actual, reasonable and documented fees and charges of any accountants, auditors, appraisers, consultants and other professionals)) incurred by the Agent and the Lenders in connection with the preparation, execution and delivery of this Agreement, the other Loan Documents and the transactions contemplated hereby and thereby which are required to be paid by the Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Ohio law to extinguish prior liens, never took place. Further, the validity of the FHLM mortgage was not before the state court and its determination was not necessary to that court’s ruling.... The Property was not, and will never be sold under the auspices of the State Court Foreclosure Judgment. The Foreclosure Judgment therefore has limited preclusive effect. [North American’s] judgment is entitled to first priority based on the preclusive effect of the Foreclosure Judgment. FHLM still holds a valid mortgage that was perfected before the interests of American [Express].... FHLM’s mortgage is entitled to second priority. American [Express] will take third in priority behind [North American] and FHLM. Hoff, 187 B.R. at 196-97. See also Barnes v. Cady, 232 F. 318, 319 (6th Cir.1916) (<HOLDING>). Likewise, in the absence of a foreclosure Options: A. holding that despite foreclosure judgment providing that the holder of a junior mortgage had no interest in or lien on or claim to said premises the lack of foreclosure sale meant that the junior mortgage was not extinguished B. holding that foreclosure of prior mortgage extinguished second mortgage C. holding that debtors allegation that mortgage holder failed to provide him with the statutorily required notice of foreclosure was sufficient to state a claim for wrongful foreclosure D. holding that in a case in which an omitted junior mortgagee foreclosed its mortgage the junior mortgagee had the absolute right to redeem from the senior mortgagee who had purchased the property at a sale following foreclosure of the senior mortgage E. holding that foreclosure of a prior mortgage extinguished a declaration of condominium and interests in a parking lot that were subject to the mortgage

assistant: The best answer is A. holding that despite foreclosure judgment providing that the holder of a junior mortgage had no interest in or lien on or claim to said premises the lack of foreclosure sale meant that the junior mortgage was not extinguished
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 Subsidiary Guarantor agrees that, as between such Subsidiary Guarantor and the Guaranteed Parties, the obligations of any Obligor under this Agreement and the other Loan Documents may be declared to be forthwith due and payable as provided therein (and shall become automatically due and payable in the circumstances provided therein) for purposes of paragraph (a) of this Section 9.14, notwithstanding any bar, stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against such Obligor, and that, in the event of such declaration (or such obligations becoming automatically due and payable), such obligations shall forthwith become due and payable by such Subsidiary Guarantor for purposes of said paragraph (a) of this Section 9.14.

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: 702; Thomas v. Alford, 230 5.W.3d 853, 857 (Tex.App.-Houston [14th Dist.] 2007, no pet.). The party offering the witness as an expert on causation must establish that the witness is qualified to testify under rule 702. Mem’l Hermann Healthcare Sys. v. Burrell, 230 S.W.3d 755, 762-63 (Tex.App.-Houston [14th Dist.] 2007, no pet.) (deciding that a doctor was qualified to opine about causation because his report demonstrated direct experience with treating decubitus ulcers, which was the condition at issue). To be so qualified, “an expert must have knowledge, skill, experience, training, or education regarding the specific issue before the court that would qualify the expert to give an opinion on that particular subject.” Thomas, 230 S.W.3d at 857, 860 (citing Broders, 924 S.W.2d at 153) (<HOLDING>). Further, to justify the submission of an Options: A. recognizing that the expert was particularly qualified to give his opinion B. holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff C. holding that the plaintiffs experts were not qualified to offer a medical opinion as to the cause of death because they are not physicians nor otherwise properly qualified to offer a medical opinion D. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury E. holding that where a treating doctor is called to give an expert opinion on the standard of care that doctor is properly labeled an expert witness and must be disclosed to the other party along with other experts

assistant: The best answer is B. holding that because the doctor who submitted an expert report did not demonstrate knowledge of cancer treatment he was not qualified to offer an opinion that an earlier diagnosis could have produced a better outcome for the plaintiff
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 employee, former employee, Participant, Beneficiary or alternate payee (as defined in Code Section 414(p)) may take legal or equitable action against the Plan or any of the Plan’s fiduciaries with respect to such employee’s, former employee’s, or Participant’s eligibility to participate in the Plan more than three years after the date of such individual’s termination of employment which immediately follows the service that is the subject of such claim.

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 legal provision and list the applicable contract clause categories. Provision: The base salary shall be an annual minimum salary of $365,000 (the “Base Salary”), payable by the Company in accordance with the Company’s normal payroll practices. Beginning as of the first anniversary of the Commencement Date, the Base Salary shall be reviewed on an annual basis during the Term for increase (but not decrease) in the sole discretion of the compensation committee (the “Committee”) of the Board of Directors of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive will assume his new position as President on January 2, 2019 (the “Commencement Date”) and his position as CEO on the retirement of the current CEO and will continue at the Discretion of the Board of Directors. The Executive’s obligations and the Company’s rights under Sections 5, 6, 7 and 8 shall survive the expiration or earlier termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of any Event of Default, the holder of this Note, at the holder’s option, may declare all sums of principal and interest outstanding hereunder to be immediately due and payable without presentment, demand, notice of nonperformance, notice of protest, protest or notice of dishonor, all of which are expressly waived by Borrower, and the obligation, if any, of the holder to extend any further credit hereunder shall immediately cease and terminate. Borrower shall pay to the holder immediately upon demand the full amount of all payments, advances, charges, costs and expenses, including reasonable attorneys’ fees (to include outside counsel fees and all allocated costs of the holder’s in-house counsel), expended or incurred by the holder in connection with the enforcement of the holder’s rights and/or the collection of any amounts which become due to the holder under this Note whether or not suit is brought, and the prosecution or defense of any action in any way related to this Note, including without limitation, any action for declaratory relief, whether incurred at the trial or appellate level, in an arbitration proceeding or otherwise, and including any of the foregoing incurred in connection with any bankruptcy proceeding (including without limitation, any adversary proceeding, contested matter or motion brought by Bank or any other person) relating to Borrower or any other person or entity.

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 legal provision and list the applicable contract clause categories. Provision: In addition and supplementary to other rights and remedies existing in its favor, the Company may apply to the court of law or equity of competent jurisdiction, without posting any bond, for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof, including paragraphs 6 , 7 , 8 and 9 hereof. In the event of a violation by Executive of paragraphs 6 , 7 , 8 and 9 hereof, any severance being paid to Executive pursuant to this Agreement or otherwise shall immediately cease.

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: “Ms. Sterniek: Objection. “The [cjourt: Sustained. “Mr. St. Onge: Nothing further.” The defendant argues that because the state implied during the presentation of its case that the victim developed sexually transmitted diseases as a result of her contact with defendant, he should have been allowed to introduce evidence that he was free of these diseases. For support, defendant relies on two cases from Georgia, where an intermediate appellate court ruled that a defendant must be given an opportunity to present evidence of being disease-free in a situation such as this one in which medical testimony revealed that the victim contracted a sexually transmitted disease after she had sexual contact with the defendant. See Chambers v. State, 205 Ga.App. 78, 421 S.E.2d 326, 328-29 (1992) (<HOLDING>); Reece v. State, 192 Ga.App. 14, 383 S.E.2d Options: A. holding that trial court erred by not allowing the plaintiff to introduce evidence of prior dealings with the defendant B. holding that the trial court erred by refusing to admit evidence that the defendant did not have the sexually transmitted disease that the victim contracted C. holding that the trial court erred by granting the defendants motion to dismiss D. holding that the trial court in a sexual assault case erred by refusing to allow evidence of prior testimony by the complainant in an unrelated rape prosecution E. holding that the trial court did not abuse its discretion by refusing to accept the defendants guilty pleas to two counts of the indictment and stating that even if the trial court erred the error had not prejudiced the defendant because he was found guilty by the jury of the charges to which he intended to plead and the evidence of the other crimes would have been admissible in the trial for the first degree murder charge

assistant: The best answer is B. holding that the trial court erred by refusing to admit evidence that the defendant did not have the sexually transmitted disease that the victim contracted
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 is merely abuse of that discretion and inconsistent with the spir uestion: whether the Plaintiff-Appellant could argue the (undisputedly) correct legal standard to the jury, when it appeared that the shift would be a matter of law and jury instruction rather than a re-opening of discovery, and when the relevant facts underpinning the correct legal standard were already in the record. It was therefore essential in this case that the court give a specific account of its decisionmaking, and to clearly set forth its account of what harm would result from the shift in the legal standard. This it failed to do. A district court that gives “insufficient reasons” for its equitable decision abuses its discretion. See Dubicz v. Commonwealth Edison Co., 377 F.3d 787, 792-93 (7th Cir.2004) (<HOLDING>). Equities that may be considered include Options: A. holding district court abused discretion in denying leave to amend complaint to add claim when party opposing motion made no showing of prejudice from delay B. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint C. holding that district court did not abuse its discretion in denying a motion to strike when movant failed to show prejudice D. holding that a district court abuses its discretion in denying a motion to amend when the opposing partys case for prejudice is stated only in the most conclusory of terms and no particular witnesses or documents are identified to support the argument that a delay would prejudice a party E. holding that the district court abused its discretion in denying leave to amend after a delay of eight months

assistant: The best answer is D. holding that a district court abuses its discretion in denying a motion to amend when the opposing partys case for prejudice is stated only in the most conclusory of terms and no particular witnesses or documents are identified to support the argument that a delay would prejudice a party
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 Plan shall not interfere with or limit in any way the right of the Company or of any Subsidiary to terminate any Employee’s employment at any time, and the Plan shall not confer upon any Employee the right to continue in the employ of the Company or of any Subsidiary.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Persons so aggrieved can obtain review of “[ajgency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court.” 5 U.S.C. § 704. A court may “compel agency action unlawfully withheld or unreasonably delayed.” 5 U.S.C. § 706(1). However, the APA does not create an independent basis for jurisdiction. Califano v. Sanders, 430 U.S. 99, 107, 97 S.Ct. 980, 985, 51 L.Ed.2d 192 (1977); Watson v. Blumenthal, 586 F.2d 925, 932 (2d Cir.1978). B. Mandamus The district courts have original jurisdiction to hear “any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361; see also White v. Mathews, 559 F.2d 852, 856-57 (2d Cir.1977) (<HOLDING>), cert. denied, 435 U.S. 908, 98 S.Ct. 1458, 55 Options: A. holding that the district court did not have jurisdiction and remanding the matter to state court B. holding that a retaliatory discharge claim must be predicated on intentional or knowing retaliation C. holding that a retaliatory discharge claim must be predicated on intentional and knowing retaliation D. holding that the district court properly predicated jurisdiction on 1361 E. holding that because the state failed to properly file the complaint the district court lacked jurisdiction to proceed to trial

assistant: The best answer is D. holding that the district court properly predicated jurisdiction on 1361
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: are matters within the province of the trier of fact.” Commonwealth v. Taylor, 324 Pa.Super. 420, 471 A.2d 1228, 1229-30 (1984). This same standard is used when evaluating an adjudication of delinquency. See In the Interest of A.D., 771 A.2d 45 (Pa.Super.2001). A minor is guilty of driving under the influence if he operates a motor vehicle while maintaining a blood alcohol content of .02% or greater. See 75 Pa.C.S.A. § 3731(a)(4)(ii). ¶ 5 Here, the record reflects that Appellant drove past a posted stop sign without stopping. Thereafter, he failed two field sobriety tests and registered a blood alcohol level of .022%. Thus, the evidence was sufficient to adjudicate Appellant delinquent for driving under the influence. See Commonwealth v. Robinson, 834 A.2d 1160, 1167 (Pa.Super.2003) (<HOLDING>). ¶ 6 Next, Appellant challenges the Options: A. holding that a refusal to perform field sobriety tests was admissible as evidence of intoxication B. holding evidence sufficient when appellant exhibited signs of possible intoxication failed field sobriety tests and had blood alcohol level in excess of legal limit C. holding that the trial court did not err by refusing to give a voluntary intoxication charge because even though there was testimony that the appellant had consumed some alcohol prior to the killing there was no evidence that the appellant had been overwhelmed or overpowered by alcohol D. holding that an erisa fiduciary did not act unreasonably when it denied benefits to an insured beneficiary after the insured died from driving with a blood alcohol level 50 higher than the legal limit E. holding such intoxication to be voluntary

assistant: The best answer is B. holding evidence sufficient when appellant exhibited signs of possible intoxication failed field sobriety tests and had blood alcohol level in excess of legal limit
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 take an action or make a recommendation described in the previous sentence and also includes professional review activities relating to a professional review action. In this chapter, an action is not considered to be based on the competence or professional conduct of a physician if the action is primarily based on— (A) the physician’s association, or lack of association, with a professional society or association, (B) the physician’s fees or the physician’s advertising or engaging in other competitive acts intended to solicit or retain business, (C) the physician’s participation in prepaid group health plans, salaried employment, or any other manner of delivering health services whether on a fee-for-service or other basis, (D) a phys Md.App. 527, 561-562, 769 A.2d 231, 251 (2001) (<HOLDING>). 20 . Dr. Freilich also cites an unreported Options: A. holding that for a plaintiffs evidence to survive the totality of the circumstances standard on summary judgment in a claim for sexual harassment it must be sufficiently specific severe pervasive and harmful to allow the fact finder to conclude that it was sufficient to establish the violation alleged B. recognizing that conduct amounts to actionable sexual harassment only when it is sufficiently severe or pervasive to alter the conditions of the victims employment and create an abusive working environment alteration in original citation omitted C. holding that to survive a motion for summary judgment a party must make a showing sufficient to establish the existence of an element essential to that partys case and on which that party will bear the burden of proof at trial D. holding without discussing the plaintiffs burden of persuasion that the plaintiff had presented sufficient evidence to survive summary judgment E. holding single incident of sexual harassment was neither sufficiently pervasive nor severe to constitute a hostile work environment

assistant: The best answer is A. holding that for a plaintiffs evidence to survive the totality of the circumstances standard on summary judgment in a claim for sexual harassment it must be sufficiently specific severe pervasive and harmful to allow the fact finder to conclude that it was sufficient to establish the violation alleged
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's obligations under this Agreement shall be subject to the satisfaction of all applicable withholding requirements including those related to federal, state and local income and Service taxes (the “Required Withholding”). The Company may withhold an appropriate amount of cash (with respect to the payment of dividend equivalents) or number of shares from the Common Stock that would otherwise have been delivered to the Participant (with respect to the settlement of the Award) necessary to satisfy the Participant’s Required Withholding, and deliver the remaining amount of cash or shares of Common Stock to the Participant, unless the Participant has made arrangements with the Company for the Participant to deliver to the Company cash, check, other available funds or shares of previously owned Common Stock for the full amount of the Required Withholding by 5:00 p.m. Central Standard Time on the date an amount is included in the income of the Participant. The amount of the Required Withholding and the number of shares to satisfy the Participant’s Required Withholding shall be based on the Fair Market Value of the shares on the date prior to the applicable date of income inclusion.

assistant: Withholdings
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) Neither Landlord, any Superior Lessor or any Superior Mortgagee, nor any partner, director, officer, shareholder, principal, board member, agent, servant or employee of Landlord, any Superior Lessor or any Superior Mortgagee (whether disclosed or undisclosed), shall be liable to Tenant for (i) any loss, injury or damage to Tenant or to any other person, or to its or their property, irrespective of the cause of such injury, damage or loss, nor shall the aforesaid parties be liable for any loss of or damage to property of Tenant or of others entrusted to employees of Landlord; provided , that, except to the extent of the release of liability and waiver of subrogation provided in Section 7.03 hereof, the foregoing shall not be deemed to relieve Landlord of any liability to the extent resulting from the negligence or willful misconduct of Landlord, its agents, servants or employees in the operation or maintenance of the Premises or the Building, (ii) any loss, injury or damage described in clause (i) above caused by other tenants, occupants or persons in, upon or about the Building, or caused by operations in construction of any private, public or quasi-public work, or (iii) even if due to negligence or willful misconduct, consequential damages arising out of any loss of use of the Premises or any equipment, facilities or other Tenant’s Property therein or otherwise.

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: claims because it seeks rescission of stock sold to the Plan beginning October 20, 2001; 14 months before the Tolling Agreement ends limitations. In response, Plaintiffs allege compliance with the one-year statute of limitations due to equitable estoppel and equitable tolling allegations. The Court finds that equitable estoppel and equitable tolling doctrines cannot save the Plaintiffs’ Complaint because they are inapplicable under the one-year limitations period. Although equitable tolling attaches to every federal cause of action as a general rule, it cannot apply in the face of contrary congressional intent. Hill v. Texaco, Inc., 825 F.2d 333, 334 (11th Cir.1987); Barton v. Peterson, 733 F.Supp. 1482, 1490 (N.D.Ga.1990); see also Childers v. U.S., 442 F.2d 1299, (5th Cir.1971) (<HOLDING>). Congress specifically included a discovery Options: A. holding that waiver of federal tort claims act sovereign immunity is conditioned upon strict compliance with exhaustion requirement B. holding that equitable considerations did not toll the statute of limitations under the tort claims act where plaintiffs conduct was not in strict compliance with congressional waiver of immunity C. holding that the alien tort statute itself is not a waiver of sovereign immunity D. holding that strict compliance is not required E. holding that absent a contrary congressional expression the court would be entitled to toll the statute of limitations found in section 7266

assistant: The best answer is B. holding that equitable considerations did not toll the statute of limitations under the tort claims act where plaintiffs conduct was not in strict compliance with congressional waiver of immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the only entity with the authority to invoke the Act and has not challenged the assignment in this case. See Delmarva Power & Light Co. v. United States, 79 Fed.Cl. 205 (2007). Furthermore, the only claim for which this Court has awarded damages is Meritor’s derivative breach of contract claim, a claim which is currently owned by the FDIC. Consequently, the Government asserts that the Plaintiff-Intervenor’s claims have not been assigned, and the Court agrees that the Act does not bar the current shareholders from lawfully receiving the distribution of the award. Alternatively, the Plaintiff-Intervenor asserts that § 1821(d)(ll) allows only the owner at the time of the seizure to assert a takings claim. See United States v. Dow, 357 U.S. 17, 20-21, 78 S.Ct. 1039, 2 L.Ed.2d 1109 (1958) (<HOLDING>); Maniere v. United States, 31 Fed.Cl. 410, Options: A. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages B. holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence C. holding that subsequent property owners were bound by prior owners agreement to restrict building density and preserve certain portions of land as a condition of the original zoning approval D. holding that the owners at the time the land was seized are owed compensation rather than the subsequent purchasers E. holding that appellate courts analyze plain error by reference to the law as of the time the appeal is decided rather than the extant law at the time of the disputed trial court ruling

assistant: The best answer is D. holding that the owners at the time the land was seized are owed compensation rather than the subsequent purchasers
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: Bravo, 203 F.3d at 780. The court, however, failed to analyze the § 3553(a) factors when it denied Frazier’s motion, and summarily held that “the factors in § 3553(a) weigh strongly against any reduction in Frazier’s 360 month sentence.” While it is true that the district court was not required to discuss each of the § 3553(a) factors individually, see Eggersdorf, 126 F.3d at 1322, it was required to provide some explanation as to why it denied Frazier’s § 3582(c)(2) motion. See U.S. v. Scott, 426 F.3d 1324, 1329-30 (11th Cir.2005) (finding the district court adequately addressed the § 3553(a) factors when it considered “ ‘all the obvious things that you would normally take in consideration,’ particularly, ‘the age of the child.’ ”); U.S. v. Vautier, 144 F.3d 756, 761 (11th Cir.1998) (<HOLDING>); U.S. v. Smith, 568 F.3d 923, 928 (11th Options: A. holding that sentence is reasonable when the district court properly addresses sentencing factors of 3553a B. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors C. holding that district court adequately considered the 3553a factors when it cited defendants demonstrated violence and all the other considerations that went in to the establishment of this defendants sentence D. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors E. holding that plain error review is used for unpreserved challenges to the method by which the district court arrived at a sentence including arguments that the sentencing court failed to explain adequately the sentence imposed under the statutory factors in 3553a

assistant: The best answer is C. holding that district court adequately considered the 3553a factors when it cited defendants demonstrated violence and all the other considerations that went in to the establishment of this defendants sentence
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: we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our service , or by anyone who may be informed of any of its contents .

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 case excerpt and choose the best holding from the options. Case excerpt: it appears that the Commissioner has repeatedly been using this same boilerplate paragraph to reject the testimony of numerous claimants, without linking the conclusory statements contained therein to evidence in the record or even tailoring the paragraph to the facts at hand, almost without regard to whether the boilerplate paragraph has any relevance to the case. See, e.g., Angel, 329 F.3d at 1213; Oslin v. Barnhart, 69 Fed.Appx. 942, 947-48 (10th Cir.2003) (unpublished disposition); Clark v. Barnhart, 64 Fed. Appx. 688, 691 (10th Cir.2003) (unpublished disposition). As is the risk with boilerplate language, we are unable to determine in this case the specific evidence that led the ALJ to reject claimant’s testimony. See, e.g., Clifton v. Chater, 79 F.3d 1007, 1009 (10th Cir.1996) (<HOLDING>). Indeed, we cannot find rec ord support for Options: A. holding that the alj is free to reject the opinion of any physician when the evidence supports a contrary conclusion B. holding that we must uphold any of the aljs factual findings that are supported by substantial evidence and we owe substantial deference to inferences drawn from these facts C. holding that where adequately supported credibility findings are for the alj to make D. holding aljs listing of factors he considered was inadequate when court was left to speculate what specific evidence led the alj to his conclusion E. holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion

assistant: The best answer is E. holding in the absence of alj findings supported by specific weighing of the evidence we cannot assess whether relevant evidence adequately supports the aljs conclusion
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 term of this Agreement shall commence as of the date hereof and shall continue until the earlier of (i) the date that Consultant or its affiliates have sold 90% or more of their equity interest in the Company as of the date of this Agreement, (ii) the date of the closing of a sale, lease, or other disposition of all or substantially all of the Company’s assets, or (iii) the date of the closing of the Company’s merger into or consolidation with any other corporation or other entity, or any other corporate reorganization, in which the holders of the Company’s outstanding voting stock immediately prior to such transaction own, immediately after such transaction, securities representing less than fifty percent (50%) of the voting power of the corporation or other entity surviving such transaction. Upon any event set forth in subparts (ii) or (iii) of the preceding sentence, Consultant will be entitled to a payout equal to one (1) year of additional management fees (i.e., $249,960.00).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer is legally, financially and otherwise qualified to be the licensee of, acquire, own and operate the Stations under this Agreement and the Stations under the Midwest/DLC APA under applicable law, including without limitation the Communications Act and the rules, regulations and policies of the FCC. There are no facts that would, under existing law, including without limitation existing rules, regulations, policies and procedures of the FCC, disqualify Buyer as an assignee of the FCC Licenses under this Agreement or the FCC Licenses under the Midwest/DLC APA or as the owner and operator of the Stations under this Agreement or the Stations under the Midwest/DLC APA. No waiver of or exemption from any FCC rule or policy is necessary for Buyer to hold the FCC Licenses under this Agreement or the FCC Licenses under the Midwest/DLC APA.

assistant: Qualifications
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: F.3d at 204. The categorical approach focuses on “the intrinsic nature of the offense rather than on the factual circumstances surrounding any particular violation.” Id. at 204 (“[T]he singular circumstances of an individual petitioner’s crimes should not be considered, and only the minimum criminal conduct necessary to sustain a conviction under a given statute is relevant[.]” (quoting Michel v. INS, 206 F.3d 253, 270 (2d Cir.2000) (Calabresi, J., dissenting)) (internal quotation marks omitted)). Where, however, a criminal statute encompasses diverse classes of criminal acts — some of which would categorically be grounds for removal and others of which would not — we have held that such statutes can be considered “divisible” statutes. See Kuhali v. Reno, 266 F.3d 93, 106 (2d Cir.2001) (<HOLDING>); Sui, 250 F.3d at 118 (holding that a statute Options: A. holding that the language of the statute and the courts duty to apply the statute as written requires the court to interpret the statute to apply when the prisoner is sentenced without regard to the institution where the prisoner is incarcerated after the sentencing B. holding that a federal statute prohibiting the export of certain classes of firearms and ammunition was divisible because violation of the statute with regard to firearms would be a removable offense while violation of the statute with regard to ammunition might not be C. holding that without such a showing the government may only charge the defendant with one violation of 922g1 regardless of the actual quantity of firearms involved D. holding that the title of the statute did not limit the reach of the statute E. holding that under rico plaintiff must prove an injury because of violation of statute

assistant: The best answer is B. holding that a federal statute prohibiting the export of certain classes of firearms and ammunition was divisible because violation of the statute with regard to firearms would be a removable offense while violation of the statute with regard to ammunition might not be
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: Nothing in this Plan shall interfere with or limit in any way the right of the Company or any of its Subsidiaries to terminate any Employee's or Participant's employment at any time, nor confer upon any Employee or Participant any right to continue in the employ of the Company or any of its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Borrower shall acquire or accept any product Inventory on consignment or approval, and shall take all steps to assure that all Inventory is produced in accordance with applicable Law, including the FLSA. The Borrowers shall use, store and maintain all product Inventory with reasonable care and caution, in accordance with applicable standards of any insurance and in conformity with all applicable Laws, and shall make current rent payments (within applicable grace periods provided for in leases) at all locations where any Collateral is located.

assistant: Sales
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) If and at any time after a Default occurs, Bank’s obligation to make Advances hereunder shall, at Bank’s sole option, be suspended; provided, however, if Borrower cures such event or condition to Bank’s satisfaction prior to its becoming an Event of Default, such obligation shall be reinstated. Upon the occurrence of an Event of Default, Bank’s obligation to make Advances hereunder shall, at Bank’s option, terminate.

assistant: Remedies