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: In the event the Company proposes to offer or sell New Securities (the “ Offering ”), it shall give Castle Creek written notice of its intention, describing the price (or range of prices), anticipated amount of New Securities, timing, and other terms upon which the Company proposes to offer the same (including, in the case of a registered public offering and to the extent possible, a copy of the prospectus included in the registration statement filed with respect to such offering), no later than 15 Business Days, as the case may be, after the initial filing of a registration statement with the SEC with respect to an underwritten public Offering or after the commencement of marketing with respect to a Rule 144A Offering or an Offering pursuant to Section 4(2) of the Securities Act or Regulation D promulgated thereunder. If the information contained in the notice constitutes material non-public information (as defined under the applicable securities laws), the Company shall deliver such notice only to the individuals identified (with respect to the Purchaser) in Section 6.3 of the Purchase Agreement, and shall not communicate the information to anyone else acting on behalf of Castle Creek without the consent of one of the designated individuals. Castle Creek shall have 15 Business Days from the date of receipt of such a notice to notify the Company in writing that it intends to exercise its rights provided in this Section 4 and as to the amount of New Securities Castle Creek desires to purchase, up to the maximum amount calculated pursuant to Section 4. Such notice shall constitute a nonbinding indication of interest of Castle Creek to purchase the amount of New Securities so specified at the price and other terms set forth in the Company’s notice to it. The failure of Castle Creek to respond within such 15 Business Day period shall be deemed to be a waiver of its rights under this Section 4 only with respect to the Offering described in the applicable notice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: extends to the relief requested by Mr. Ribaudo. See Ramsey, 20 Vet.App. 16, 21 (2006) (citing In re Fee Agreement of Cox, 10 Vet.App. 361, 371 (1997)). Statutorily as to forum, we clearly indicated in our decision granting Mr. Ribaudo’s petition that we retain jurisdiction over the enforcement of our decisions even after we no longer have jurisdiction over the merits of a case because it has been appealed to the Federal Circuit. Ribaudo, 20 Vet.App. at 560; see also Heckler v. Lopez, 463 U.S. 1328, 104 S.Ct. 10, 77 L.Ed.2d 1431 (1983) (Rehnquist, J., acting as Circuit Justice); JWK Intern. Corp. v. United States, 49 Fed.Cl. 364, 370 (2001), aff'd, 279 F.3d 985 (Fed.Cir.2002). Any panel opinion by this Court suggesting otherwise is hereby overruled. See, e.g., In re Bailey, supra (<HOLDING>). Accordingly, the Court holds that there is Options: A. holding that mere entry of a remand order divests a federal court of jurisdiction even where no certified copy of the order was mailed to a state court B. holding that filing of appeal to federal circuit divests this court of jurisdiction to consider motion to stay court order pending appeal C. holding that certification of a remand order divests federal court jurisdiction D. holding trial court retains jurisdiction to consider motion for attorneys fees despite filing of notice of appeal of final judgment E. holding that the mailing of a certified copy of a remand order to a state court divests federal jurisdiction

assistant: The best answer is B. holding that filing of appeal to federal circuit divests this court of jurisdiction to consider motion to stay court order pending appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto acknowledge and agree that, to the extent applicable, this Agreement shall be interpreted in accordance with, and incorporate the terms and conditions required by, Section 409A. Notwithstanding any provision of this Agreement to the contrary, in the event that the Company determines that any amounts payable hereunder will be immediately taxable to the Executive under Section 409A, the Company reserves the right to (without any obligation to do so or to indemnify the Executive for failure to do so) (i) adopt such amendments to this Agreement or adopt such other policies and procedures (including amendments, policies and procedures with retroactive effect) that it determines to be necessary or appropriate to preserve the intended tax treatment of the benefits provided by this Agreement, to preserve the economic benefits of this Agreement and to avoid less favorable accounting or tax consequences for the Company and/or (ii) take such other actions it determines to be necessary or appropriate to exempt the amounts payable hereunder from Section 409A or to comply with the requirements of Section 409A and thereby avoid the application of penalty taxes thereunder. Notwithstanding anything herein to the contrary, no provision of this Agreement shall be interpreted or construed to transfer any liability for failure to comply with the requirements of Section 409A from the Executive or any other individual to the Company or any of its Affiliates, employees or agents.

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: Each Group Member owns, or is licensed to use, to its knowledge, all material Intellectual Property necessary for the conduct of its business as currently conducted. Except as set forth on Schedule 4.9, to each Group Member’s knowledge, no claim has been asserted and is pending against such Group Member by any Person challenging or questioning the use of any Intellectual Property or the validity or effectiveness of any Intellectual Property, nor does ABG, Holdings or the Borrower know of any valid basis for any such claim that if adversely determined could have a material adverse effect on the value of any material Intellectual Property owned by such Group Member. Subject to the foregoing sentence, the use of Intellectual Property by each Group Member does not infringe, to its knowledge, on the rights of any Person in any material respect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in one or more counterparts (including via facsimile), each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party.

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 case excerpt and choose the best holding from the options. Case excerpt: present case, the evidence supports the conclusion that the tool-room transfer precluded Spees from working in “a class of jobs” for two reasons. First, JMI viewed Spees as being unable to weld in any capacity, thereby precluding her from employing the skills that she had acquired during the one-month training program for welding. The tool-room position, unlike a welding position, did not require any special training, meaning that Spees was effectively removed to an unskilled position and precluded from utilizing any of the welding training that she had received. JMI’s belief that Spees could not perform any type of welding work thus weighs in favor of concluding that she was precluded from working in a class of jobs. Cf Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 727 (5th Cir.1995) (<HOLDING>). The second reason supporting the conclusion Options: A. holding that plaintiffs allegations that her supervisor was a lesbian and that she made improper remarks to her including telling the plaintiff to invite her to lunch and making comments about plaintiffs coworkers private lives and sexual preferences and on one occasion approaching the plaintiff from behind hugging her and whispering in her ear a request for a cookie from another table did not suffice to establish a hostile working environment B. holding that a plaintiff was not precluded from working in a class of jobs where an arm injury restricted her from performing any climbing while welding but did not prevent her from welding in general C. holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea D. holding that relative to the threat that she posed physically separating tina cortez from her telephone taking her by the arm escorting her from her home taking the keys to her home and locking the door and placing her in the locked back seat of a patrol car was excessive force as well as an unlawful seizure under the fourth amendment E. holding that the plaintiff was precluded from asserting her failure to promote claim as a continuing violation

assistant: The best answer is B. holding that a plaintiff was not precluded from working in a class of jobs where an arm injury restricted her from performing any climbing while welding but did not prevent her from welding in 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 case excerpt and choose the best holding from the options. Case excerpt: be paid for the hours authorized in the service plan pursuant to the CARE process. DSHS was the party responsible for determining the hours that would be authorized because it designed the CARE process that produced that determination. When DSHS exercised discretion to create the systems that produced the service plans and reduce the hours those plans authorized for live-in providers, its actions were governed by an implied covenant of good faith, and the jury found that DSHS violated that covenant. ¶27 In light of the jury’s finding that DSHS breached the duty of good faith and fair dealing as to a specific term in the contract, DSHS’s reliance on cases where the duty of good faith did not apply because there was no contract term is misplaced. See, e.g., Badgett, 116 Wn.2d at 570-72 (<HOLDING>); Yousoofian, 84 Wn. App. at 762-63 (holding Options: A. holding that while the creditor has the initial burden to produce some evidence of lack of good faith the ultimate burden is on the debtor to prove his good faith B. holding that parties to contract have an implied obligation to put forth a good faith effort to fulfill the conditions of the contract C. holding that plaintiffs could not relitigate their claim that they were entitled to vsf benefits and that while plaintiffs could have raised additional claims in one or more of the foregoing actions they opted not to do so and they are barred by res judicata from doing so now D. holding that while trial courts are encouraged to state all findings in their written orders they are not required to do so as long as the basis for their decisions is clear from the record and thus susceptible to review E. holding that while the parties may choose to renegotiate their agreement they are under no good faith obligation to do so

assistant: The best answer is E. holding that while the parties may choose to renegotiate their agreement they are under no good faith obligation to do so
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 Transaction Party shall have performed and complied with all agreements and conditions contained in this Agreement required to be performed or complied with by it prior to or at the Closing. Before and after giving effect to the issue and sale of the Notes (and the application of the proceeds thereof as contemplated by Section 5.14), no Default or Event of Default shall have occurred and be continuing. Neither any Transaction Party nor any Subsidiary shall have entered into any transaction since February 1, 2019 that would have been prohibited by Section 10 had such Section applied since such date.

assistant: No Defaults
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: check made out to plaintiff. These materials show that defendant terminated plaintiffs employment effective October 2, 2009, and that upon termination plaintiff was given 30 days’ severance pay — characterized by the Letter of October 2, 2009, and the Declaration of Deborah Y. Pedroso as pay “in lieu of’ notice. Whether pay “in lieu of’ notice satisfies the requirement of “notic L.Ed.2d 153 (1992); see also Richard A. Lord, 19 Williston on Contracts § 54:48 (4th ed. 2011) (“In general, where a contract of ordinary employment stipulates for ... a certain period of notice, the employment may be cancelled on shorter notice, or with none at all, upon payment of the wages or salary for the period of notice.”) (emphasis added); cf. Allen v. Sybase, Inc., 468 F.3d 642, 646-47 (10th Cir.2006) (<HOLDING>). These authorities contain no discussion, but Options: A. holding that notice to the attorney of record constitutes notice to the petitioner B. holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice C. holding that the worker adjustment and retraining notification act imposes a notice requirement in case of a mass layoff thereby imposing on an employer the obligation to provide either statutory notice or sixty days back pay in lieu of notice to relevant employees D. holding that notice to supervisor is notice to city E. holding notice provision in rcra and clean water act are virtually identical and citizens notice to violators under either act must strictly comply with statutory notice requirements

assistant: The best answer is C. holding that the worker adjustment and retraining notification act imposes a notice requirement in case of a mass layoff thereby imposing on an employer the obligation to provide either statutory notice or sixty days back pay in lieu of notice to relevant employees
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: Other than in connection with the IStar Lease Agreement, all consents, authorizations and approvals of, and material filings and registrations with, and all other actions in respect of, any Governmental Authority or other Person required in connection with the making of the Loans, the IWCO Acquisition or the conduct of the Loan Parties' business shall have been obtained and shall be in full force and effect.

assistant: Approvals
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: Schedule 9.1.4 lists each Subsidiary of Parent (and the direct and indirect ownership interest of Parent therein), in each case existing on the Closing Date. As of the Closing Date, Schedule 9.1.4 shows, for each Loan Party, its name, jurisdiction of organization and issued Equity Interests. Except as disclosed on Schedule 9.1.4 , in the five years preceding the Closing Date, no Loan Party has acquired any substantial assets from any other Person nor been the surviving entity in a merger or combination. As of the Closing Date, each Loan Party has good title to its Equity Interests in its Subsidiaries, and all such Equity Interests are duly issued, fully paid and non-assessable to the extent applicable. As of the Closing Date, except as disclosed on Schedule 9.1.4 , there are no outstanding purchase options, warrants, subscription rights, agreements to issue or sell, convertible interests, phantom rights or powers of attorney relating to Equity Interests of any Loan Party or 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: If Tenant is a corporation, trust or partnership, Tenant hereby represents and warrants that Tenant is a duly formed and existing entity qualified to do business in the State of California and that Tenant has full right and authority to execute and deliver this Lease and that each person signing on behalf of Tenant is authorized to do so.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “guilty” as Chambers is here, for there is no doubt that Congress could “properly reach” the conduct there at issue — bribery in Guam. There, as here, we faced only the question whether Congress had done so through a valid statute. Even though the defendants in Sood had engaged in prohibitable and morally blameworthy conduct, we granted collateral relief because Congress had not prohibited their conduct through a valid enactment. Similarly, even if we assume that Chambers’ conduct fell within the core of the child pornography exception to the First Amendment, there is no valid statute on the books in this circuit that prohibits it. While perhaps morally “guilty,” he is legally innocent. There is d Cir.1982) (same) with Williams v. United States, 805 F.2d 1301, 1303-07 (7th Cir.1986) (<HOLDING>), cert. denied, 481 U.S. 1039, 107 S.Ct. 1978, Options: A. holding frady applicable B. holding frady inapplicable C. holding rule applicable to witness D. holding that the penalty is applicable E. holding rehabilitation act applicable

assistant: The best answer is A. holding frady applicable
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 Employee Benefit Plans (as defined in Section 3(3) of ERISA) established or maintained by Borrower or any ERISA Affiliate or to which Borrower or any ERISA Affiliate contributes are in material compliance with applicable requirements of ERISA, and are in material compliance with applicable requirements (including qualification and non ‑discrimination requirements) of the Code for obtaining the tax benefits the Code permits with respect to such plans. Each Employee Benefit Plan which is a group health plan (within the meaning of Section 5000(b)(1) of the Code) complies with and has been maintained and operated in material compliance with each of the requirements of Section 4980B of the Code. Neither Borrower nor any ERISA Affiliate has failed to make on a timely basis any required contributions or to pay on a timely basis any amounts with respect to any Employee Benefit Plan or ERISA or any other applicable law. No “reportable event” or non ‑exempt “prohibited transaction,” as defined in ERISA, has occurred and is continuing as to any Employee Benefit Plan and no excise taxes have been incurred or security is required with respect to any Employee Benefit Plan. Except as disclosed in Borrower 2015 Financial Statements or as set forth in Section 4.7.6 of the Disclosure Schedule, no Employee Benefit Plan has, or as of the Closing Date will have, any amount of unfunded benefit liabilities (as defined in Section 4001(a)(18) of ERISA) for which Borrower or any ERISA Affiliate could be liable to any Person under Title IV of ERISA if any such plan were terminated. All Employee Benefit Plans are funded in accordance with Section 412 of the Code (if applicable). There would be no obligations under Title IV of ERISA relating to any Employee Benefit Plan that is a multiemployer plan if any such plan were terminated or if Borrower or any ERISA Affiliate withdrew from any such plan. Except as set forth in Section 4.7.6 of the Disclosure Schedule, and except as required by Section 4980B of the Code or applicable state insurance laws, neither Borrower nor any ERISA Affiliate has promised any employee medical coverage after termination of employment, or promised medical coverage to any former employee or other individual not employed by Borrower or any ERISA Affiliate, and neither Borrower nor any ERISA Affiliate maintains or contributes to any plan or arrangement providing medical benefits to employees after their termination of employment or any other individual not employed by Borrower or any ERISA Affiliate.

assistant: Erisa
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: Hess will provide such suitably qualified and experienced Seconded Employees as Hess is able to make available to the General Partner, and the General Partner will have the right to approve such Seconded Employees. All Seconded Employees identified as of the Effective Date have been approved and accepted by the General Partner as suitable for performing job functions related to the Employee Functions.

assistant: Approvals
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 expressly provided herein, this Agreement may be amended, modified, or waived only by a written instrument signed by the Service Provider, the Company, the Apax Service Provider and the CPPIB Service Provider. The Apax Service Provider and the CPPIB Service Provider shall each be express third-party beneficiaries of this Section 13.

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: You and the Company agree to submit to mandatory binding arbitration any and all claims arising out of or related to your employment with the Company and the termination thereof, including, but not limited to, claims for unpaid wages, wrongful termination, torts, stock or stock options or other ownership interest in the Company, and/or discrimination (including harassment) based upon any federal, state or local ordinance, statute, regulation or constitutional provision, except that each party may, at its, his or her option, seek injunctive relief in court related to the improper use, disclosure or misappropriation of a party’s private, proprietary, confidential or trade secret information (collectively, “ Arbitrable Claims ”). Further, to the fullest extent permitted by law, you and the Company agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or the Company’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. Nothing in this Arbitration and Class Action Waiver section, however, restricts your right, if any, to file in court a representative action under California Labor Code Sections 2698, et seq.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the proviso in clause (ii) of Section 3.1(a), each Second Priority Agent, on behalf of itself and each applicable Second Priority Secured Party, agrees that, unless and until the Discharge of Senior Lender Claims has occurred, it will not commence, or join with any Person (other than the Senior Lenders and any First Lien Agent upon the request thereof) in commencing, any enforcement, collection, execution, levy or foreclosure action or proceeding with respect to any Lien held by it in the Common Collateral or any other collateral under any of the applicable Second Priority Documents or otherwise in respect of the applicable Second Priority Claims relating to the Common Collateral.

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 case excerpt and choose the best holding from the options. Case excerpt: More fundamentally, we think that the Order did not clearly establish that there were no assets from which fees could be paid. The phrase “$140,000,000 in U.S. currency” does not itself identify assets or state whether it is inclusive of all assets belonging to Saccoccia. Further, the Order did not itself distinguish between tainted and substitute assets; it instead referred only to assets “for which [Saccoccia is] jointly and severally liable.” A reasonable person, reading the Order in 1993, could have had legitimate doubts as to whether it restrained any “substitute assets,” as defined by 18 U.S.C. § 1963(m). Indeed, that year, several courts held that such substitute assets may not be restrained prior to conviction. See, e.g., In re Assets of Martin, 1 F.3d 1351, 1362 (3d Cir.1993) (<HOLDING>). Thus the Order, when issued, could have been Options: A. recognizing that the section does not authorize suits for cancellation in the district courts B. holding that 18 usc 1919 did not implicitly repeal 18 usc 1001 C. holding that 18 usc 1963d1a does not authorize preconviction restraints on substitute assets D. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b E. holding that 15 usc 1125a does not authorize suits by consumers

assistant: The best answer is C. holding that 18 usc 1963d1a does not authorize preconviction restraints on substitute assets
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 of the Company in this Agreement and the other Transaction Documents shall be true and correct in all respects as of such Closing, except for representations and warranties that speak as of a particular date, which shall be true and correct in all respects as of such date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: probation is not part of a criminal prosecution, and thus the full panoply of due process protections accorded a defendant in such a proceeding do not apply to a revocation proceeding, the loss of freedom embodied in the revocation of probation constitutes a deprivation of a defendant’s liberty.”). The Rhoad court further explained that we should consider the totality of the circumstances when deciding whether a revocation-hearing waiver was knowing, intelligent, and voluntary. Id. Other circuits have taken a similar approach and have refused to require formal procedures like those that Rule 11 requires in connection with guilty pleas. See United States v. Hodges, 460 F.3d 646, 651-52 (5th Cir.2006); United States v. Gibbs, 228 Fed.Appx. 639, 639 (9th Cir.2006) (unpublished memorandum) (<HOLDING>); United States v. Farrell, 393 F.3d 498, 500 Options: A. holding that record did not show voluntary or intelligent waiver B. holding that once the defendant raises the issue of intelligent and voluntary waiver with respect to prior guilty pleas the burden is on the state to establish a valid waiver C. recognizing requirement of knowing intelligent waiver D. holding that under the sixth amendment a criminal defendant may waive his right to counsel if that waiver is knowing intelligent and voluntary E. holding a waiver of a substantial constitutional right must be a voluntary knowing and intelligent act

assistant: The best answer is A. holding that record did not show voluntary or intelligent waiver
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: traumatic. See Li, 356 F.3d at 1158 n. 4. She actually testified that she did not know how her examination would have been conducted. The evidence also does not compel a reasonable fact-finder to conclude that Lin has a well-founded fear of sterilization upon her return to China. Lin does not provide any evidence that women (to say nothing of women who are not and have never been pregnant) who simply fail to take required pregnancy tests, have actually been sterilized. She also does not present evidence that the family planning committee in her town fined her for failing to appear for her first appointment, that they have issued a warrant for her arrest, or that they actually would sterilize her if she returned home. See Zhang v. Attorney General, 128 Fed.Appx. 287, 289 (3d Cir.2005) (<HOLDING>). She also does not refer to any law or Options: A. recognizing that the governments inability to control the source of persecution may support a finding of a wellfounded fear B. holding that general crime conditions are not a stated ground for a wellfounded fear of future persecution C. holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution D. holding that an alien had no wellfounded fear of persecution for resisting chinas coercive population control program in part because he was not charged with a crime and there was no warrant issued for his arrest E. holding that absent past persecution an alien can demonstrate eligibility for asylum based on a wellfounded fear of future persecution by demonstrating that he or she subjectively fears persecution and that this fear is objectively reasonable

assistant: The best answer is D. holding that an alien had no wellfounded fear of persecution for resisting chinas coercive population control program in part because he was not charged with a crime and there was no warrant issued for his arrest
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: There is no pending or, to Purchaser’s actual knowledge, threatened claim, charge, complaint, demand, hearing, action, suit, arbitration, inquiry, proceeding or investigation by or before any Governmental Entity to which Purchaser is a party, which seeks to restrain, condition or prohibit the transactions contemplated herein.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1328(a), the chapter 13 dischargeability provision. See Johnson, 728 F.2d at 166 n. 4; see also Pub.L. No. 101-650, 104 Stat. 5089 (1990) (adding § 523(a)(8) debts to those debts nondischargeable under § 1328(a)). 19 .This type of analysis also led some courts to draw a distinction between chapter 13 and chapter 7 debtors in determining whether a stay violation occurred since, at the time those cases were decided, student loan obligations were dischargeable under 11 U.S.C. § 1328(a). See, e.g., Parham, 56 B.R. at 533- 34 (contrasting Johnson, a chapter 7 case, to the chapter 13 case at bar to find that a debtor who develops a schedule of payments as part of a good faith effort will receive a discharge of that debt upon successful completion of the confirmed plan); Reese, 38 B.R. at 683 (<HOLDING>). 20 . In its analysis, the Billingsley court Options: A. holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7 B. recognizing the requirement of 363 to obtain approval or consent in a chapter 13 case C. holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case D. holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13 E. holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees avoidance power

assistant: The best answer is D. holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13
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: dismissed the independent medical expert’s conclusion that Grogan had been suffering from mental impairments during his insurance window on the ground that the medical expert had relied on Grogan’s self-reporting; and the ALJ held that any remaining damage to Grogan’s mental health was due to petitioner’s history of drug and alcohol abuse. Accordingly, the ALJ found Grogan to have had no mental impairment, at all. First, however, if Grogan had a mental impairment that had manifested itself as a disability before the end of his insurance window — even if that mental impairment was diagnosed aftér the window had closed, the Commissioner is responsible for covering the impairment. Loza v. Apfel, 219 F.3d 378, 394 (5th Cir.2000); Culler v. Massanari, 9 Fed.Appx. 839, 842-44 (10th Cir.2001) (<HOLDING>) (unpublished decision). Second, although Options: A. holding claim of deprivation of right to competent mental health evaluation was procedurally barred because it could have been raised on direct appeal B. holding that a general statement about how the defendant wanted to introduce evidence of medical or mental impairment to show that the defendant lacked the proper mental state was an insufficient offer there must be some meat of the actual evidence C. holding that a mental illness limitation containing the exact language at issue in this case is ambiguous because it does not specify whether a disability is to be classified as mental by looking to the cause of the disability or to its symptoms and thus construed in favor of the insured does not encompass organically based illnesses D. holding that a defendant who did not raise the issue of incompetency at the first opportunity and who waited over one month after receiving notice of the mental evaluation to request supporting documents was not entitled to a second mental evaluation E. holding that because claimants mental impairnlent might have manifested itself before she was no longer insured the alj should have included the mental impairment in his evaluation of disability

assistant: The best answer is E. holding that because claimants mental impairnlent might have manifested itself before she was no longer insured the alj should have included the mental impairment in his evaluation of disability
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 such supplemental terms conflict with these terms , the supplemental terms will govern solely with respect to your use of the associated product or service and to the extent of the conflict .

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: Except as expressly provided herein, neither Party may, without the prior written consent of the other Party, sell, transfer, assign, delegate, pledge, subcontract or otherwise dispose of, whether voluntarily, involuntarily, by operation of law or otherwise, this Agreement or any of its rights or duties hereunder; provided, however, that (a) Edge may, without such consent, assign this Agreement and its rights and obligations hereunder to a licensee of Edge’s right and interest in the Product and (b) either Party may, without such consent (i) assign this Agreement and its rights and obligations hereunder to an Affiliate or to the transferee of all or substantially all of such Party’s assets to which this Agreement relates, or to any successor entity or acquirer in the event of a merger, consolidation or change in control of such Party or (ii) pledge this Agreement and its rights hereunder in connection with any financing transaction. Any attempt to assign, transfer, subcontract or delegate any portion of this Agreement in violation of this Section 10.9 shall be null and void. All validly assigned and delegated rights and obligations of the Parties hereunder shall be binding upon and inure to the benefit of and be enforceable by and against the successors and permitted assigns of Edge or Oakwood, as the case may be. If either Party assigns or delegates its rights or obligations to another Person in accordance with the terms hereof, the assignee or transferee shall assume all obligations of its assignor or transferor under this Agreement and the assignor or transferor shall cease to be a Party to this Agreement and shall cease to have any rights or obligations under this Agreement from and after the effective date of such assignment. If the Development Agreement is assigned to any Affiliate of the assigning Party or to any Third Party pursuant to the terms thereof, the assigning Party also shall assign this Agreement to such Affiliate or Third Party unless such assigning Party obtains the prior written consent of the other Party; provided, however, that if the assigning Party seeks to assign this Agreement to an Affiliate other than the Affiliate to which the Development Agreement is assigned, such other Party shall not unreasonably withhold, condition or delay such consent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed in any number of counterparts and by each of the undersigned on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts put together shall constitute but one and the same Amendment. Signatures to this Amendment transmitted by .pdf, electronic mail or other electronic means shall be treated as originals in all respects for purposes of this Amendment.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any dispute , conflict , claim or controversy arising out of or broadly in connection with or relating to the services or these terms , including those relating to its validity , its construction or its enforceability ( any `` dispute '' ) shall be first mandatorily submitted to mediation proceedings under the international chamber of commerce mediation rules ( `` icc mediation rules '' ) .

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 legal provision and list the applicable contract clause categories. Provision: Any notice to the Company provided for in this Agreement shall be addressed to the Company in care of the Committee, and any notice to the Grantee shall be addressed to such Grantee at the current address shown on the payroll of the Company, or to such other address as the Grantee may designate to the Company in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee shall determine the amount of the bonus to be paid to a Participant pursuant to each Annual Bonus Pool Award, the time or times when Annual Bonus Pool Awards will be made, and all other terms and conditions of each Annual Bonus Pool Award. Each Annual Bonus Pool Award shall be subject to the terms and conditions of the Plan and the applicable Bonus Pool Award Agreement. Annual Bonus Pool Awards may be granted singly or in combination, or in addition to, in tandem with or in substitution for any grants or rights under any other employee or compensation plan of the Company or of any Affiliate. Bonus Pool Award Agreements may provide that more or less than 100% of the target Annual Bonus Pool Award granted thereunder may be earned upon satisfaction of the conditions provided for therein, subject to the terms and conditions of the Plan. All or part of an Annual Bonus Pool Award may be subject to conditions and forfeiture provisions established by the Committee and set forth in the Bonus Pool Award Agreement, which may include, but are not limited to, continuous service with the Company or an Affiliate.

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 case excerpt and choose the best holding from the options. Case excerpt: activity and the adverse action are not completely unrelated.’ ” Davis v. Coca-Cola Bottling Co. Consol., 516 F.3d 955, 978 n. 52 (11th Cir.2008) (quoting Wideman v. Wal-Mart Stores, Inc., 141 F.3d 1453, 1457 (11th Cir.1998)). The plaintiff may satisfy the burden of causation by showing close temporal proximity between his protected activity and the adverse employment action. Thomas v. Cooper Lighting, Inc., 506 F.3d 1361, 1364 (11th Cir.2007). In the absence of other evidence tending to show causation, temporal proximity must be “very close.” Id. (citation omitted). A three-to-four-month period between the protected activity and the adverse employment action is “not enough” to show “very close” temporal proximity. Id.; see Higdon v. Jackson, 893 F.3d 1211, 1220-21 (11th Cir.2004) (<HOLDING>). The plaintiff must also provide evidence of Options: A. holding that a three month interval between protected activity and adverse act is too long standing alone to establish an inference of retaliation B. holding that absent other evidence a thirteenmonth interval between an eeo charge and alleged retaliatory termination was too long to establish a causal link C. holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation D. holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection E. holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation

assistant: The best answer is A. holding that a three month interval between protected activity and adverse act is too long standing alone to establish an inference of retaliation
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: OHGI, on the one hand, the Company and the Members, on the other hand, each agree with the other that the documentation and other information disclosed to them by the other party hereunder to evaluate various the business and affairs of the Company or OHGI, as the case may be, and various aspects of the Exchange and the other transactions contemplated hereby may contain proprietary confidential information and trade secrets, and that the disclosure and unauthorized use of such information could cause irreparable injury. The parties agree that all such information and materials shall be used and d i sclosed only to the limited extent necessary for the parties hereto (and their professional advisors) to evaluate the Exchange and the other transactions contemplated hereby. All extracts, digests and copies of such documentation and information shall be maintained under strict control by the recipients. Upon termination of the negotiations by the parties, no party (or advisor to such party) shall make any further use of such documentation and information , and all documentation previously obtained (together with all copies, abstracts, digests and analyses thereof) shall be returned to the party providing such information. The Company and the Members recognize that OHGI is a publicly traded company in the United States and agree not to buy OHGI Common Stock or recommend to any other party that it or he or she do so, from the Closing Date until such information has been disclosed to the public.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As additional compensation for the Employee, the Company shall provide or maintain for Employee medical, welfare and health insurance benefit plans on the same terms and conditions as are made available to all employees of the Company generally, subject to the terms and conditions of such plans as in effect from time to time.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: monitor or review any content submitted by you in connection with the service , reject any content submitted or remove any content from the service , or refuse your requests in connection with the service .

assistant: Content removal, Unilateral termination