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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: personal counsel until just before the final mediation in March 2014 and did not settle with Ledcor and Admiral until shortly after that mediation. (See Def. Reply at 3- 4; Stip. Judgment; 2d Martens Decl. ¶ 2, Ex. 18; Hudson Letter at 1.) Defendants offer no way for a reasonable fact-finder to trace Comhusker’s non-response in October 2007 and April 2008 through six years of litigation, defense, and mediation and find that non-response to have caused SQI to hire personal counsel and agree to a covenant judgment. Thus, even if Cornhusker violated WAC 284-30-330(2), which the court does not decide, Defendants present insufficient evidence to show that such violation caused injury to SQI’s business or property. See Hangman Ri Ins. Co., 16 F.Supp.3d 1240, 1254-55 & n. 5 (W.D.Wash.2014) (<HOLDING>). The court need not decide the legal issues Options: A. holding that an insured may maintain a cause of action under ifca for a violation of a washington insurance regulation listed in subsection 5 of ifca B. holding that section 1983 actions based on violation of the fourth amendment may not rest on violation of state law C. holding that violation of state law was not a per se constitutional violation D. holding that a violation of washington insurance regulations is not a violation of ifca and collecting cases E. holding that agents violation of irs regulations did not mandate exclusion of evidence obtained as a result of violation

assistant: The best answer is D. holding that a violation of washington insurance regulations is not a violation of ifca and collecting cases
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 Restricted Stock Unit Agreement shall be construed and interpreted in accordance with the laws of the State of Delaware, without regard to the principles of conflicts of law thereof. Notwithstanding anything contained in this Restricted Stock Unit Agreement, the Grant Notice or the Plan to the contrary, if any suit or claim is instituted by the Participant or the Company relating to this Restricted Stock Unit Agreement, the Grant Notice or the Plan, the Participant hereby submits to the exclusive jurisdiction of and venue in the courts of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To facilitate the orderly conduct of the Company, the Executive agrees to cooperate, at no charge, with the Company’s reasonable requests for information or assistance related to (i) the time of his employment, (ii) any investigations (including internal investigations) and audits of the Company’s management’s current and past conduct and business and accounting practices and (iii) the Company’s defence of, or other participation in, any administrative, judicial, or other proceeding arising from any charge, complaint or other action which has been or may be filed relating to the period during which Executive was employed by the Company. The Company will promptly reimburse Executive for his reasonable, customary and documented out-of-pocket business expenses in connection with the performance of his duties under this Section 5 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party shall comply with all federal, state and local laws and regulations, as amended from time to time, applicable to the performance of its obligations hereunder. Licensor and Licensee understand and acknowledge that the Software may be subject to the export regulations of the United States Export Administration Act of 1979, as amended, or a successor act. Licensor and Licensee represent that they will not knowingly permit the exportation or transshipment of all or any part of the Software in violation of the above-referenced law and regulations. Each Party agrees to indemnify and hold the other Party harmless from any and all costs, damages, fines, and other expenses incurred by reason of its violations of these representations.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you live in the european union : you agree that the laws of ireland , excluding conflict of laws rules , shall exclusively govern any dispute relating to this contract and/or the services .

assistant: Choice of law
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 matter as a “disbarment” proceeding in its motion for summary judgment. Further, the October 19, 2001 order granting summary judgment did not determine whether disbarment was the appropriate remedy for Wightman-Cervantes’ violations of the disciplinary rules. That issue was scheduled for a separate hearing, which the judgment of disbarment reflects occurred on January 11, 2002. Wightman-Cervantes has made no claim that he did not have fair notice of the January 11, 2002 hearing. Wightman-Cervantes does not appear to have moved for a continuance of the summary judgment hearing, nor did he prosecute his appeal therefrom. In light of all of those circumstances, we hold that he was not deprived of due process under the applicable federal standard. See Smith, 123 F.Supp.2d at 357 (<HOLDING>). IV We turn next to Wightman-Cervantes’ Options: A. holding that due process rights were not violated when alien claimed a lack of actual notice but his attorney received notice B. holding basic elements of due process are notice and a right to be heard C. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard D. holding that attorney received due process where circuit court afforded attorney notice and opportunity to be heard before suspending him and later disbarring him E. holding that where appellant was put on notice of disciplinary charges against him and was afforded opportunity to respond to boards recommendation demands of due process were satisfied

assistant: The best answer is D. holding that attorney received due process where circuit court afforded attorney notice and opportunity to be heard before suspending him and later disbarring him
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 Sections 11.1, 11.2.1 and 11.3 , the terms of this Agreement may not be disclosed by either Party, and neither Party will use the name, Trademark, trade name or logo of the other Party or its employees in any publicity, news release or disclosure relating to this Agreement, its subject matter, or the activities of the Parties hereunder without the prior express written permission of the other Party except (a) as may be required by Applicable Law, including by the rules or regulations of the United States Securities and Exchange Commission or similar regulatory agency in any country other than the United States or of any stock exchange or listing entity, provided that the Party issuing such press release gives reasonable notice prior to use of such name, Trademark, trade name or logo of the other Party, and otherwise complies with Section 11.1.2 , or (b) as expressly permitted by the terms hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, each Lender agrees that the Company may from time to time request the Lenders to submit offers to make loans (each such loan, a “ Bid Loan ”) to the Company or a Designated Borrower in Dollars, in one or more Alternative Currencies or in one or more Requested Currencies prior to the Maturity Date pursuant to this Section 2.03 ; provided , however , that after giving effect to any Bid Borrowing, (i) the Total Outstandings shall not exceed the Aggregate Commitments, (ii) the aggregate Outstanding Amount of all Bid Loans shall not exceed the Bid Loan Sublimit, (iii) the aggregate Outstanding Amount of all Bid Loans denominated in a Requested Currency shall not exceed the Bid Loan Requested Currency Sublimit, and (iv) the aggregate Outstanding Amount of Loans denominated in an Alternative Currency shall not exceed the Alternative Currency Sublimit. There shall not be more than five different Interest Periods in effect with respect to Bid Loans at any time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No litigation (including derivative actions), arbitration proceeding or governmental investigation or proceeding is pending or, to the knowledge of any Loan Party or any Subsidiary of any Loan Party, threatened against any Loan Party or any Subsidiary of any Loan Party which could reasonably be expected to have a Material Adverse Effect. Neither any Loan Party nor any Subsidiary of any Loan Party has any material contingent liabilities, other than such liabilities: (a) incident to such actions/proceedings (as applicable) previously disclosed, in writing, to Lender as of the Closing Date, if any; (b) permitted by Section 10.1 and/or (c) with respect to Kinsale Insurance, which are part of the Excluded Kinsale Insurance Debt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On May 31, 2019, FVE and RMR will pay any unpaid wages for the period through May 31, 2019, and FVE will pay you for any unused vacation time as of such date (it being acknowledged that you have no accrued and unpaid RMR vacation time), all subject to all usual and applicable taxes and deductions. Your health insurance on FVE’s group plan will terminate on the Separation Date. To continue any health insurance beyond the Separation Date, you must complete a continuation of coverage (COBRA) election form and make timely payments for coverage. Information regarding COBRA will be mailed to you. Any group life and disability insurance on our group plan will also terminate on the Separation Date. Your participation in FVE’s and/or RMR’s 401(k) plan will terminate on the Separation Date.

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: Each of the representations and warranties set forth in this Article III shall be deemed represented and made by Umatrin and the Umatrin Shareholders at the Closing as if made at such time and shall survive the Closing for a period terminating on the second anniversary of the date of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the Estate,” but “[i]f Segal proves that there are monies owed, and that the monies at issue constitute post-petition wages, then the Estate is no worse off as a result”). Segal’s argument that the Trustee abandoned any interest he may have had in the monies owed under the Consulting Agreement is therefore without merit. Finally, Segal argues the Bankruptcy Court improperly reopened the bankruptcy case and expanded the scope of the District Court’s referral by allowing the Trustee to litigate this adversary proceeding. This Court disagrees. Under 11 U.S.C. § 350(b), a bankruptcy court may reopen a case — on motion of a party or on its own motion — “to administer assets, to accord relief to the debtor, or for other cause.” See Donaldson v. Bernstein, 104 F.3d 547, 552 (3d Cir.1997) (<HOLDING>). Here, the Bankruptcy Court had cause to Options: A. holding that the bankruptcy court did not abuse its discretion in denying the petitioners motion to dismiss under 11 usc 707a B. holding a bankruptcy court is empowered to reopen a bankruptcy case on its own motion under 11 usc 105a C. holding that a motion to enforce bankruptcy sale order is a core proceeding and citing 11 usc 105a as the section which gives the bankruptcy court the power and the jurisdiction to enforce its valid orders D. holding that bankruptcy court has discretionary power pursuant to 11 usc 105a to order preconfirmation plan payments in a chapter 12 proceeding E. holding that claims under 11 usc 362h must be brought in the bankruptcy court rather than in the district court which only has appellate jurisdiction over bankruptcy cases

assistant: The best answer is B. holding a bankruptcy court is empowered to reopen a bankruptcy case on its own motion under 11 usc 105a
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 give us permission to use your name , profile picture , content , and information in connection with commercial , sponsored , or related content ( such as a brand you like ) served or enhanced by us .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Guarantor shall maintain insurance with insurers that such Guarantors believes (in its business judgment) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts (after giving effect to any self-insurance) as such Guarantor believes is reasonable and prudent in light of the size and nature of its business and against at least such risks (and with such risk retentions) as such Guarantor believes (in its business judgment) are reasonable and prudent in light of the size and nature of its business.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Enter into any arrangement, directly or indirectly, with any person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property being sold or transferred, in each case, whether or not treated as a “sale-leaseback” under GAAP (a “ Sale and Lease Back Transaction ”); provided , that a Sale and Lease Back Transaction shall be permitted (a) with respect to property owned by any Subsidiary that is acquired after the Closing Date so long as such Sale and Lease Back Transaction is consummated within 270 days of the acquisition of such property, and (b) with respect to any property owned by any Subsidiary, if at the time the lease in connection therewith is entered into, and after giving effect to the entering into of such lease, the Remaining Present Value of such lease, together with Indebtedness outstanding pursuant to (i) Sections 6.01(h) and 6.01(i) and Sections 6.01(i) and 6.01(j) of the ABL Credit Agreement, and (ii) the Remaining Present Value of outstanding leases previously entered into under this Section 6.03(b) and Section 6.03(b) of the ABL Credit Agreement, would not exceed an aggregate principal amount equal to $37,000,000 at any time outstanding.

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 case excerpt and choose the best holding from the options. Case excerpt: reassigned to another job, which triggered UPS’s duty to engage in the interactive process for determining whether he is entitled to a reasonable accommodation under the ADA. See Da h belief that he was entitled to an accommodation, a request for reassignment to another position would constitute protected activity. See Selenke, 248 F.3d at 1264 (“[I]n order to prosecute an ADA retaliation claim, plaintiff need not show that she suffers from an actual disability. Instead, a reasonable, good faith belief that the statute has been violated suffices.”). To show he engaged in protected activity, Mr. Jones must therefore show that he reasonably believed he was entitled to an accommodation under the ADA. Id.; see also Standard v. A.B.E.L. Servs., Inc., 161 F.3d 1318, 1328-29 (11th Cir.1998) (<HOLDING>). We need not determine, however, whether Mr. Options: A. holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada B. holding that an employer did not regard the plaintiff as disabled C. holding that regarded as disabled plaintiffs are not entitled to reasonable accommodation D. holding that plaintiff could not show that he was disabled because he conceded that he could do his job despite his impairment E. holding that employees requests for accommodation were not protected activity because the evidence did not show that he had a reasonable good faith belief that he was disabled or perceived as disabled

assistant: The best answer is E. holding that employees requests for accommodation were not protected activity because the evidence did not show that he had a reasonable good faith belief that he was disabled or perceived as disabled
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 Act. Therefore, the Vaccine Act is the “Act of Congress” which forms the basis of Terran’s claim, and there is little dispute that such a claim is one for presently due money damages. Indeed, we note that the Vaccine Act itself gives jurisdiction to the Court of Federal Claims to determine whether Terran is entitled to compensation, independent of the Tucker Act. See 42 U.S.C. § 300aa-12(a) (1994). Because jurisdiction is proper, the Court of Federal Claims had the power to address Terran’s argument based on the Constitution. See Beck v. Secretary, 924 F.2d 1029, 1036 (Fed.Cir.1991) (“It is, however, reasonable to infer that the [Vaccine] Act must confer on the Claims Court that power which is necessary to adjudicate the controversy before it.”); compare Connolly, 716 F.2d at 887 (<HOLDING>) with Jackson v. United States, 192 Ct.Cl. 765, Options: A. holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal B. holding that the court of claims did have jurisdiction over plaintiffs statutory claim for back pay including arguments based on the first amendment C. holding that district court did not have jurisdiction over any claims that could not exist independently of a contract D. holding that the uscfc did not have jurisdiction over plaintiffs claim because plaintiffs claim of negligence sounds in tort E. holding that a subsequent action was not barred because the initial court did not have jurisdiction over the claim

assistant: The best answer is A. holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal
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: At or after the Effective Time, Performance Shares described in this Section 5 shall not be subject to Section 3(c) or Section 4(c) of the Award Agreement or the accelerated vesting and payment triggers related to a Change in Control and described in the Change in Control Policy or the WGL Holdings, Inc. and Washington Gas Light Company Change in Control Severance Plan for Certain Executives.

assistant: Change In Control
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 extent not otherwise preempted by federal law, the validity, construction and effect of this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law principles.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the terms of this Agreement may be terminated, amended, supplemented or modified orally, and may only be terminated, amended, supplemented or modified by an instrument in writing signed by each of the parties, provided that the observance of any provision of this Agreement may be waived in writing by the party that shall lose the benefit of such provision as a result of such waiver. Transferee hereby acknowledges and agrees that Biogen Idec, Perrigo and Perrigo Pharmaceuticals, Inc. may amend or modify the Asset Purchase Agreement without providing notice of such amendment or modification to Transferee or obtaining Transferee's consent thereto and any such amendment shall be binding upon Transferee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Tenth Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Tenth Amendment by electronic transmission shall be effective as delivery of a manually executed counterpart hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Sears Additional Offering will be sold by Sears, as the seller of record, on the SHO Web Platforms in accordance with Sears’s standard terms and conditions. SHMC and its Affiliates will be the only third party sellers allowed to appear on, or sell products or services on, the SHO Web Platforms (excluding searsoutlet.com).

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: All Awards paid to the Chief Executive Officer and Chief Financial Officer of the Company under this Plan are subject to forfeiture as provided in Section 304 of the Sarbanes-Oxley Act of 2002, and the implementing rules and regulations. In addition, the Company reserves the right to require a Participant to forfeit or return to the Company any cash or other amount received under an Award under the Plan to the extent required by law, under any applicable exchange listing standard or under any applicable policy adopted by the Company that is designed to meet any legal obligations or obligations under any applicable exchange listing standard.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof, effective upon receipt. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an action, suit or proceeding to enforce any provisions of the Transaction Documents, then the prevailing party in such action, suit or proceeding shall be reimbursed by the other party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such action or proceeding.

assistant: Governing Laws
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: dire to identify unqualified jurors.” Id. (citations omitted). Thus, the trial judge’s discretion to restrict questioning is nonetheless “ ‘subject to the essential demands of fairness.’ ” Id. (quoting Aldridge v. United States, 283 U.S. 308, 310, 51 S.Ct. 470, 75 L.Ed. 1054 (1931)). See also Mu’Min v. Virginia, 500 U.S. 415, 425-26, 111 S.Ct. 1899, 114 L.Ed.2d 493 (1991) (stating that “[t]o be constitutionally compelled ... it is not enough that such questions be helpful. Rather the trial court’s failure to ask these questions must render the defendant’s trial fundamentally unfair”). For example, the Supreme Court has required voir dire on the issue of racial prejudice in situations of extreme racial tension, see Ham v. South Carolina, 409 U.S. 524, 93 S.Ct. 848, 35 L.Ed.2d 46 (1973) (<HOLDING>); and interracial violence, see Turner v. Options: A. holding that because the defendant failed to make any objection at the close of voir dire he waived his batson claim B. holding that defendants have a right to be present at voir dire C. holding that voir dire on race was constitutionally required where defendant a civil rights activist claimed that he had been framed because of his race D. holding no violation of substantial rights occurred during voir dire where record did not show that defendant was denied fair and impartial trial E. holding a defendants due process rights were violated where he was compelled to wear prison clothing during jury voir dire

assistant: The best answer is C. holding that voir dire on race was constitutionally required where defendant a civil rights activist claimed that he had been framed because of his race
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: 398 (1952), and lack of consideration, Maynard v. Durham & S. Ry. Co., 365 U.S. 160, 81 S.Ct. 561, 5 L.Ed.2d 486 (1961). Neither holding, however, provides any guidance as to the proper application of § 5. 6 . The Court has held, in the context of the Fair Labor Standards Act, that an employee cannot waive certain statutorily conferred rights. See Brooklyn Sav. Bank v. O'Neil, 324 U.S. 697, 704, 65 S.Ct. 895, 900-01, 89 L.Ed. 1296 (1945) (noting that a "statutory right conferred on a private party, but affecting the public interest, may not be waived or released if such waiver or release contravenes the statutory policy” and thus the plaintiffs could not waive minimum or overtime wages or liquidated damages); D.A. Schulte, Inc. v. Gangi, 328 U.S. 108, 66 S.Ct. 925, 90 L.Ed. 1114 (1946) (<HOLDING>). While it is arguable that this is analogous Options: A. recognizing the right to waive a jury trial B. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations C. holding that claim for damages based on repair estimate is not a liquidated damage D. holding that an insurer can normally dispute coverage even after a court determines there is a duty to defend E. holding that an employee could not waive his right to liquidated damage even if the release is made in settlement of a bona fide dispute as to coverage

assistant: The best answer is E. holding that an employee could not waive his right to liquidated damage even if the release is made in settlement of a bona fide dispute as to coverage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You will be eligible to participate in the benefits provided by the Company to its employees. Where any particular benefit is governed by a formal plan document, your eligibility and coverage will be determined by such document, and the Company may change its benefit offerings from time to time in its discretion to meet its business needs. The Company retains the right to change, add or cease any particular benefit.

assistant: Benefits
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: Carlson’s policy with NAFCO covers its Y2K expenses. There is no legal relationship between Carlson and the reinsurers, and there is no case or controversy. Contrary to Carlson’s assertions, this Court cannot extend its subject matter jurisdiction to cases not involving a case or controversy by virtue of the Federal Declaratory Judgment Act. In the alternative, Carlson argues that, if the Federal Declaratory Judgment Act does not grant this Court broader jurisdiction, the Court should apply the Minnesota Declaratory Judgment Act. Carlson acknowledges that declaratory judgment acts are procedural rules and, thus, in a diversity case the Federal Declaratory Judgment Act should apply. See Shelly Oil Co. v. Phillips Petroleum Co., 339 U.S. 667, 671, 70 S.Ct. 876, 94 L.Ed. 1194 (1950) (<HOLDING>). Carlson instead contends that the “outcome Options: A. recognizing that the declaratory judgment act is procedural in nature and not an extension of federal court jurisdiction B. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted C. holding that the declaratory judgment act is remedial only and the party seeking declaratory relief must have an underlying cause of action D. holding that where the question to be resolved in the declaratory judgment action will be decided in a pending action it is inappropriate to grant a declaratory judgment E. holding that the declaratory judgment act is a procedural device

assistant: The best answer is E. holding that the declaratory judgment act is a procedural device
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 otherwise specifically provided herein, this Separation Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, contains all the covenants, promises, representations, warranties, and agreements between the Parties with respect to Executive’s separation from the Company and all positions therewith; provided, however, that nothing in this Agreement shall supersede the Sections in the Employment Agreement identified in Paragraph 3 (“ Survival ”) of this Separation Agreement. Any modification of this Separation Agreement will be effective only if it is in writing and signed by Executive and the Chief Executive Officer or General Counsel 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: Within ten (10) Business Days following the time that any Credit Party forms any direct or indirect Subsidiary (other than an Excluded Subsidiary or a direct or indirect Subsidiary of an Excluded Subsidiary) or acquires any direct or indirect Subsidiary (other than an Excluded Subsidiary or a direct or indirect Subsidiary of an Excluded Subsidiary) after the Effective Date, within ten (10) Business Days of such event (or such later date as permitted by Agent in its sole discretion), Credit Parties shall (a) cause such new Subsidiary to become a Guarantor and to grant Agent a first priority Lien (subject to Permitted Liens) in and to the assets of such newly formed or acquired Subsidiary, (b) provide, or cause the applicable Credit Party to provide, to Agent a pledge agreement and appropriate certificates and powers or financing statements, pledging all of the direct or beneficial ownership Equity Interests owned by such Credit Party in such new Subsidiary in form and substance reasonably satisfactory to Agent; provided that with respect to a Foreign Subsidiary of any Credit Party, such Credit Party shall only be required to pledge sixty five percent (65%) of the outstanding voting Equity Interests held by such Credit Party and (c) provide to Agent all other documentation, including one or more opinions of counsel reasonably satisfactory to Agent, which, in its opinion, is appropriate with respect to the execution and delivery of the applicable documentation referred to above Nothing contained in this Section 7.25 shall prohibit any Credit Party from forming or acquiring a Subsidiary that will be an Excluded Subsidiary.

assistant: Subsidiaries
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 recitals above are incorporated into and part of this Agreement. Employer has employed and hereby continues to employ Employee, and Employee hereby accepts such continued employment, upon the terms and subject to the conditions set forth in this Agreement. Employee shall be employed by Employer but may serve (and if requested by Employer shall serve) as an officer and/or director of any subsidiary or affiliate of Employer.

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: Notwithstanding any of the other provisions here-of, Optionee agrees that he or she will not exercise the Option granted hereby, and that the Company will not be obligated to issue any shares pursuant to this Option Agreement, if the exercise of the Option or the issuance of such shares of Common Stock would consti-tute a violation by Optionee or by the Company of any provision of any law or regulation of any governmental authority.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to pay arbitral fees simply to begin arbitration — a conclusion which could seriously discourage the driver from attempting to vindicate his or her rights as a putative employee in any forum. The Court cannot sanction such a result. See Iskanian, 59 Cal.4th at 382-83, 173 Cal.Rptr.3d 289 (explaining public policy is frustrated where individuals cannot effectively litigate claims related to their unwaivable statutory rights). Uber next argues that drivers are not responsible for paying arbitration fees under the 2013 Agreement because the contract expressly states that “in all cases where required by law, Uber will pay the Arbitrator’s and arbitration fees,” and Uber understands Armendariz to require that employers cover its employees’ arbitration fees. See Armendariz, 24 Cal.4th at 113 (<HOLDING>). As should be obvious from the Court’s Options: A. holding the party seeking to invalidate an arbitration agreement because of prohibitive arbitration fees bears the burden of proof and the possibility of such party incurring prohibitive costs is too speculative to invalidate an arbitration agreement where the record reveals only that the agreement is silent on the subject of arbitration costs B. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added C. holding that where the arbitration agreement was silent on feesplitting and the costs imposed upon the plaintiff by the aaa were not prohibitive the plaintiff had presented little evidence to indicate that arbitration would be prohibitively expensive and the fees and costs of arbitration did not render the arbitration scheme unconscionable D. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs E. holding that proposed invalidation of the entire arbitration agreement even if the court were convinced that the plaintiff could not afford to pay for the arbitration proceedings was unnecessarily radical because the court could instead simply nullify the fee provisions of the arbitration agreement and force the defendant employer to bear the expense of arbitration

assistant: The best answer is D. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs
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: For purposes of Sections 5 and 6 of this Agreement, “Company” shall include all direct and indirect subsidiaries of the Company. An entity shall be deemed to be a subsidiary of the Company if the Company directly or indirectly owns or controls 50% or more of the equity interest in such entity.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence available to prove such intent. See id. at 578 (noting the problems associated with allowing extrinsic evidence to prove testator intent). In cases involving depletion of the decedent’s estate due to negligent tax planning, however, the personal representative need not prove how the decedent intended to distribute the estate; rather, the representative need only demonstrate that the decedent intended to minimize tax liability for the estate as a whole. Additionally, while the interests of the decedent and a potential beneficiary may conflict, a decedent’s interests should mirror those of his estate. Thus, the conflicts that concerned us in Barcelo are not present in malpractice suits brought on behalf of the estate. See Nevin v. Union Trust Co., 726 A.2d 694, 701 (Me.1999) (<HOLDING>). We note, however, that beneficiaries often Options: A. holding that the better rule is to allow only personal representatives not beneficiaries to sue for estateplanning malpractice because what may be good for one beneficiary is not necessarily good for the estate as a whole B. holding lack of prejudice to the defendant is not good cause C. holding forbearance to sue is a good consideration for a promise founded thereon and it is only essential that the claim be asserted in good faith D. holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan E. holding that beneficiaries could not sue attorneys of the trust for legal malpractice because beneficiaries are not direct recipients of the attorneys services

assistant: The best answer is A. holding that the better rule is to allow only personal representatives not beneficiaries to sue for estateplanning malpractice because what may be good for one beneficiary is not necessarily good for the estate as a whole
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 covenants and agreements of the parties set forth in SECTIONS 4, 5 and 6 are of a continuing nature and shall survive the expiration , termination or cancellation of this Agreement, irrespective of the reason therefor .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and all amendments, modifications, alterations, or supplements hereto, and the rights of the Parties hereunder, shall be construed under and governed by the laws of the State of New Mexico without regard to its conflicts of laws principles.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you further acknowledge and agree that yahoo shall not be responsible or liable , directly or indirectly , for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content , goods or services available on or through any such site or resource .

assistant: Limitation of liability
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: his determination and found that Fredric “was not credible.” CP at 1286 (FF 14). In fact, over the course of the hearing, the hearing officer heard 10 witnesses whose testimony resulted in 12 volumes and over 2,300 pages of transcripts. A close perusal of the record and findings shows that there was supporting evidence and independent findings regarding each count against Fredric. Fredric’s general and unsupported claim that the hearing officer simply relied on the findings of the underlying courts fails. VII. Fredric’s Right to Notice of the Charges Was Not Violated, and His Other Arguments Are Meritless ¶67 Fredric argues that new charges were added during the course of the disciplinary hearing in violation of In re Ruffalo, 390 U.S. 544, 88 S. Ct. 1222, 20 L. Ed. 2d 117 (1968) (<HOLDING>). But the hearing officer did not add new Options: A. recognizing due process right to notice and informal hearing in school disciplinary process B. holding that a conflict of interest on the part of the prosecution violates the due process clause of the virginia constitution C. holding that lack of notice of charges in disciplinary proceedings violates the due process clause D. holding an inmate has a due process right to 1 advance written notice of the disciplinary charges 2an opportunity to call witness and present evidence and 3 a written statement of the evidence relied upon and the reasons for the disciplinary action E. holding a judgment in the absence of notice violates due process rights

assistant: The best answer is C. holding that lack of notice of charges in disciplinary proceedings violates the due process clause