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: (a) Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally— (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; 21 U.S.C. § 841(a)(1) (West 1981). 4 .Any person who attempts or conspires to commit any offense defined in this subchap-ter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. 21 U.S.C. § 846 (West Supp.1999). 5 . The Sixth Amendment states: In all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.... U.S. Const, amend. VI. 6 . See also United States v. Stephens, 609 F.2d 230, 232-33 (5th Cir.1980) (<HOLDING>). Willie did not object to his attorney’s Options: A. holding that so long as a complaint provides notice plaintiff can recover under any theory supported by the evidence B. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision C. holding it improper to independently review the record to find support for a trial courts decision so long as it is unclear whether the trial court considered statutory factors D. holding that the state can file an amended information on remand after a judgment is reversed so long as the new charge does not violate the defendants double jeopardy rights E. holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy

assistant: The best answer is E. holding that a defendants attorney can waive the defendants sixth amendment confrontation right so long as the defendant does not dissent from his attorneys decision and so long as it can be said that the attorneys decision was a legitimate trial tactic or part of a prudent trial strategy
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: articulated in Ex parte Cranman and Ex parte Butts sandwiched between the terms “willfully, maliciously,” and “in bad faith.” Cf. King v. St. Vincent’s Hosp., 502 U.S. 215, 221, 112 S.Ct. 570, 116 L.Ed.2d 578 (1991) (quoting NLRB v. Federbush Co. 121 F.2d 954, 957 (2d Cir.1941)) (“ ‘Words are not pebbles in alien juxtaposition; they have only a communal existence; and not only does the meaning of each interpenetrate the other, but all in their aggregate take their purport from the setting in which they are used.... ’ ”). Our conclusion in this regard also is consistent with the manner in which our appellate courts have applied the principles of immunity to state agents both before and after Ex parte Cranman and Ex parte Butts. Compare, e.g., Byrd v. Lamar, 846 So.2d 334 (Ala.2002) (<HOLDING>); Tuscaloosa County v. Henderson, 699 So.2d Options: A. holding as to the admissibility of prior bad acts that allegedly took place fourteen and twelve years before the acts alleged in that case that the lapse of time between the defendants sexual acts goes to the weight of the evidence not to its admissibility B. holding that an offer of proof under the sexual innocence inference theory must show that the prior acts clearly occurred and that the acts closely resembled those of the present case C. holding that the acts of a corporate officer done in his or her official capacity are acts of the corporation D. holding that acts of promissory fraud which require proof that the defendants intended not to perform promised acts were not protected by stateagent immunity E. holding deceptive acts which were not disclosed to the investing public are too remote to satisfy the requirement of reliance because a plaintiff cannot rely on acts of which it is unaware

assistant: The best answer is D. holding that acts of promissory fraud which require proof that the defendants intended not to perform promised acts were not protected by stateagent immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided therein, 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, County of New York (the “ New York Courts ”). Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the New York Courts for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any suit, action or proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such suit, action or proceeding is improper or is an inconvenient venue for such proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such suit, action or proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an action, suit or proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of Company under Section 4.10, 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: of injunctive relief sought in this action, based on her allegations of sexual assault alone. 9 . The court notes that the Motion to Dismiss does not raise any argument under Rule 12(b)(6) to dismiss the. "after” claims of Jane Does I-IV and VI-VII, and those claims are not discussed herein. The pending motion is styled as a Motion to Dismiss, rather than a partial motion to dismiss because, as mentioned supra n. 7, the motion also sought' to dismiss the entire action for lack of venue under Rule 12(b)(3), and that request has already been denied. 10 . Indeed, such a holding would comport with Gebser's likening of Title IX funding recipient liability for third-party acts to municipal liability for third party acts under § 1983. See Burgess v. Fischer, 735 F.3d 462, 478 (6th Cir.2013) (<HOLDING>) the existence of an illegal official policy or Options: A. holding that monell v new york city dept of social services 436 us 658 69093 98 sct 2018 203537 56 led2d 611 1978 eliminated respondeat superior liability for private corporations as well as municipalities B. recognizing the restrictive holding of butz v economou 438 us 478 98 sct 2894 57 led2d 895 1978 as applicable only to actions amounting to constitutional violations C. holding that in order to show municipal liability for an officers actions under monell v dept of soc servs 436 us 658 694 98 sct 2018 56 led2d 611 1978 a plaintiff must demonstrate one of the following 1 D. recognizing miranda v arizona 384 us 436 468 86 sct 1602 1624 16 led2d 694 1966 E. holding that police must consider the age of a juvenile suspect when determining whether the juvenile is in custody for purposes of miranda warnings see miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966

assistant: The best answer is C. holding that in order to show municipal liability for an officers actions under monell v dept of soc servs 436 us 658 694 98 sct 2018 56 led2d 611 1978 a plaintiff must demonstrate one of the following 1
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: Tenant shall not, without the prior written consent of Landlord, which may be withheld at Landlord’s sole discretion, voluntarily or involuntarily assign, mortgage, encumber or hypothecate this Master Lease or any interest herein. For the purposes of this Master Lease, the following also shall be considered an assignment of this Master Lease by Tenant: (a) entering into a management or similar agreement with a Person that is not an Affiliate of Tenant or Guarantor relating to the operation and/or control of all or any substantial part of the Premises, but excluding any ancillary service agreements reasonably necessary for the operations of a Facility for its Permitted Use, and (b) any change (voluntary or involuntary, by operation of law or otherwise) in the Person or Persons which Control the management and affairs of Tenant or Guarantor following the Commencement Date.

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: Each Performance Unit/Performance Share Award Agreement shall set forth the extent to which the Participant shall have the right to receive a Performance Unit/Performance Share payment following termination of the Participant's employment with or service on the Board of the Company and its Subsidiaries during a Performance Period. Such provisions shall be determined in the sole discretion of the Committee, need not be uniform among all grants of Performance Units/Performance Shares or among Participants and may reflect distinctions based on reasons for termination.

assistant: Terminations
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, together with the Plan, constitutes the entire agreement between the Grantee and the Company with respect to the subject matter hereof. Any waiver of any term, condition or breach thereof will not be a waiver of any other term or condition or of the same term or condition for the future, or of any subsequent breach. To the extent a conflict exists between the terms of this Agreement and the provisions of the Plan, the provisions of the Plan shall govern.

assistant: Integration
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: market rate. See, e.g., Glover v. Johnson, 934 F.2d 703, 716-17 (6th Cir.1991) (affirming award where “third-party affidavits submitted by plaintiffs established the prevailing market rate”). However, in the absence of sufficient documentation, the court may rely on its own knowledge of the market. See Norman v. Housing Auth., 836 F.2d 1292, 1303 (11th Cir.1988) (“ ‘The court ... is itself an expert on the question [of reasonableness] and may consider its own knowledge and experience concerning reasonable and proper fees and may form an independent judgment either with or without the aid of witnesses as to value.’ ” (quoting Campbell v. Green, 112 F.2d 143, 144 (5th Cir.1940))); Miele v. New York State Teamsters Conference Pension & Retirement Fund, 831 F.2d 407, 409 (2d Cir.1987) (<HOLDING>); Lucero v. City of Trinidad, 815 F.2d 1384, Options: A. holding that a district judge may rely on his own knowledge of private firm hourly rates in the community in determining the prevailing market rate B. holding that the fee applicant must produce specific evidence of the prevailing market rates in the relevant community for the type of work for which he seeks an award C. holding that the magistrate judge did not abuse her discretion in considering the prevailing hourly rates in the southern district of new york when awarding attorneys fees D. holding that absent other evidence of prevailing market rates the district judge may establish a reasonable rate based on his familiarity with the prevailing rates in the area E. holding that reasonable fees must be calculated according to the prevailing market rates in the relevant community regardless of whether plaintiff is represented by private or nonprofit counsel

assistant: The best answer is A. holding that a district judge may rely on his own knowledge of private firm hourly rates in the community in determining the prevailing market rate
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: have led to easonable care and diligence should have ascertained, the nature and cause of his injury, or 2) at death, whichever first occurs”) (emphasis added); Harig v. Johns-Manville Products Corp., 284 Md. 70, 83, 394 A.2d 299 (1978) (concluding that, “in situations involving the latent development of disease, a plaintiffs cause of action accrues when he ascertains, or through the exercise of reasonable care and diligence, should have ascertained, the nature and cause of his injury”) (emphasis added); Benjamin, 162 Md.App. at 197, 873 A.2d 463 (suggesting that Trimper “indicates that the knowledge that a reasonable investigation would disclose is probably not sufficient if it would only show injury”); Young v. Medlantic Laboratory P’ship, 125 Md.App. 299, 305-06, 312, 725 A.2d 572 (<HOLDING>) and concluding “that the trial court erred in Options: A. holding that in an environmental contamination ease a cause of action accrues when a plaintiff knows or reasonably should know of his or her cause of action and of the identity of a party or parties who may be responsible for the injury B. recognizing cause of action C. recognizing that under the discovery rule a cause of action accrues thereby triggering the limitations period when the patient discovers or should have discovered that he or she has a cause of action D. recognizing the cause of action E. holding that a cause of action accrues when the claimant knew or reasonably should have known of the wrong

assistant: The best answer is C. recognizing that under the discovery rule a cause of action accrues thereby triggering the limitations period when the patient discovers or should have discovered that he or she has a cause of action
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 sets forth the entire understanding and agreement between the Parties as to the matters covered herein and supersedes and replaces any prior understanding, agreement or statement of intent, in each case, written or oral, of any and every nature with respect thereto.

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: No broker, investment banker, financial advisor or other Person is entitled to any broker’s, finder’s, financial advisors or other similar fee or commission, or the reimbursement of expenses in connection therewith, in connection with the transactions contemplated by the Transaction Documents based upon arrangements made by or on behalf of such Buyer.

assistant: Brokers
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: CBA generally provides for a similar right. See Balcorta v. Twentieth Century-Fox Film Corp., 208 F.3d 1102 (9th Cir. 2000). In Balcorta, we held that a California law requiring employers to pay certain employees in the film industry within twenty-four hours of their discharge was not preempted by LMRA § 301. Id. The right to payment and the timeliness of the payments were addressed by the CBA, but we concluded the claim for failure to tender payment within twenty-four hours was not preempted because “whether a violation has occurred is controlled only by the provisions of the state statute and does not turn on whether the payment was timely under the provisions of the collective bargaining agreement.” Id. at 1111; see also Valles v. Ivy Hill Corp., 410 F.3d 1071, 1082 (9th Cir. 2005) (<HOLDING>). Like the rights at issue in Livadas, Ko-bold, Options: A. holding that plaintiffs state law claim against a nonsignatory to the cba was preempted by 301 B. holding that plaintiffs retaliatory discharge claim under michigan law was not preempted because the statelaw tort of retaliatory discharge creates rights independent of those established by the collective bargaining agreement further holding that discrimination claim was not preempted even though the employer was likely to rely on provisions of the cba in its defense C. holding claim was not preempted where it was based on a statutorily guaranteed right to workfree meal periods even though the cba purported to waive the right to workfree meal periods D. recognizing the right to waive a jury trial E. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel

assistant: The best answer is C. holding claim was not preempted where it was based on a statutorily guaranteed right to workfree meal periods even though the cba purported to waive the right to workfree meal periods
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: • a transaction is cancelled , to refund the buyer , you ( as seller ) authorize ebay to request that paypal remove the refund amount ( in same or other currency ) from your paypal account .

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: This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Each counterpart may be delivered by email (as a .pdf attachment) or facsimile transmission, and an emailed or faxed signature shall have the same force and effect as an original signature.

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: the genus of goods or services for which it seeks protection. See 15 U.S.C. § 1051(a)(2), (b)(2); 37 C.F.R. §§ 2.32(a)(6), 2.71(a); TMEP § 1402.01; see also Stone Lion Capital Partners, L.P. v. Lion Capital LLP, 746 F.3d 1317, 1324 (Fed.Cir.2014) (“Parties that choose to recite services in their trademark application that exceed their actual services will be held to the broader scope of the application.”); Octocom Sys., 918 F.2d at 942 (“[R]egistrability of an applicant’s mark must be decided on the basis of the identification of goods set forth in the application.... ”). The PTO will generally accept any identification of goods or services so long as it is “specific, definite, clear, accurate, and concise.” TMEP § 1402.01; see also In re Omega SA 494 F.3d 1362, 1365 (Fed.Cir.2007) (<HOLDING>) (quoting In re Water Gremlin Co., 635 F.2d Options: A. holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity B. holding that the concerns that require fraud to be pleaded with particularity are even more urgent in a civil rico action C. holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant D. holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application E. holding that a rule 10b5 claim must be stated with particularity

assistant: The best answer is D. holding that it is within the discretion of the pto to require that ones goods be identified with particularity in a trademark application
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: payment made directly to his son. Validity of Social Security Dependent’s Disability Credit The Attorney General argues that the Family Code provides the only offsets and credits available to one who owes child support, and the trial court did not have the discretion to grant a credit that was not outlined in the code. See Tex. Fam. Code Ann. §§ 158.008, 157.262(b) (Vernon 1996). Stevens acknowledges that the Family Code makes no specific provision for crediting Social Security dependent’s disability payments against arrearages; however, he points to cases from the Tex-arkana and San Antonio courts of appeals where credits have been granted for Social Security payments and urges us to follow their lead. See In re Rich, 993 S.W.2d 272, 274-75 (Tex.App.-San Antonio 1999, no pet.) (<HOLDING>); In re Allsup, 926 S.W.2d 323, 327-28 Options: A. holding that credit for social security old age and survivor benefits does not also include credit for federal disability benefits B. holding that a social security disability determination is a legal proceeding C. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents disability D. holding noncustodial parent not entitled to an automatic credit and court could order child support in addition to social security disability dependency benefits E. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits

assistant: The best answer is C. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents 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 legal provision and list the applicable contract clause categories. Provision: On or before the Commencement Date, Executive shall enter into the Company’s indemnification agreement applicable to officers and directors. During and following the Employment Term, Executive shall have the right to indemnification, advancement of costs and expenses and director and officer insurance coverage at least as favorable to Executive as those rights provided to other officers and directors of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: which reflect the FDA’s position that Plaintiffs inadequate warning claims are preempted: (1) the May 10, 2006 amicus brief filed in this case representing that the FDA would consider such a warning false and misleading (as well as two prior amicus briefs filed in other cases by the FDA in 2005 and 2002, respectively, indicating the same), (2) the 2006 Preemption Preamble, an official agency statement purporting to establish preemption of conflicting state law claims. The FDA’s view is critical to this Court’s analysis because Supreme Court precedent dictates that an agency’s interpretation of the statute and regulations it administers is entitled to deference. Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 844, 104 S.Ct. 2778, 81 L.Ed.2d 694 (1984) (<HOLDING>). See also Thomas Jefferson Univ. Hosp. v. Options: A. holding that guidelines should be accorded the same weight as each other factor listed in 3553a B. holding that in the absence of a statutory definition a term should be accorded its ordinary meaning C. holding that it has been long recognized that considerable weight should be accorded to an executive departments construction of a statutory scheme it is entrusted to administer D. holding that it is not E. recognizing rule of statutory construction that statutes must be read as a whole and sections which are part of the same general statutory scheme must be construed together and each given effect if it can be done by any reasonable construction

assistant: The best answer is C. holding that it has been long recognized that considerable weight should be accorded to an executive departments construction of a statutory scheme it is entrusted to administer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the case.” United States v. Haack, 403 F.3d 997, 1004 (8th Cir.2005). In this case, Redmond argues that the court did not give enough weight to the Guidelines range of six to twelve months’ imprisonment. However, this factor alone is not determinative, as the Guidelines are “purely advisory” in nature. Larison, 432 F.3d at 922. The district court considered many different factors in Redmond’s case, as evidenced by the sentencing transcript. After hearing arguments regarding the original 21-month sentence, th he Guidelines recommended five to eleven months’ imprisonment upon revocation of supervised release, a 60-month sentence was not unreasonable considering defendant’s repeated violations and ongoing criminal conduct); United States v. Cotton, 399 F.3d 913, 916 (8th Cir.2005) (<HOLDING>); Brown, 203 F.3d at 558 (holding that Options: A. holding that defendants 46month aboveguidelines sentence upon revocation of supervised release was not unreasonable even where the guidelines recommended a sentence of only seven to thirteen months B. holding that reasonableness review applies to a sentence imposed upon a revocation of supervised release C. holding that further supervised release may be ordered as a sentence for violation of supervised release D. holding that defendants 36month aboveguidelines but belowstatutorymaximum sentence upon revocation of supervised release was not unreasonable where the district court had discussed both the guidelines and other 3553a factors during sentencing E. holding that invitederror doctrine precludes defendant from challenging sentence of supervised release where defendant requested sentence of supervised release

assistant: The best answer is A. holding that defendants 46month aboveguidelines sentence upon revocation of supervised release was not unreasonable even where the guidelines recommended a sentence of only seven to thirteen months
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 with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that, to the knowledge of the Company, neither it nor any other Person acting on its behalf has provided any of the Buyers or their agents or counsel with any information that it believes constitutes or might constitute material, nonpublic information. The Company understands and confirms that each of the Buyers will rely on the foregoing representation in effecting the contemplated transaction in securities of the Company under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive dies during the Employment Period, this Agreement and the Executive’s employment will automatically terminate as of the date of his death. In such event, the Company will pay to the Executive’s estate any accrued, earned and unpaid Salary and benefits through the date of his death, and, if applicable, any unused vacation days accrued as of the date of his death, and the Executive’s estate will neither be entitled to any further payments or benefits under this Agreement except as required by any applicable federal or state law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: IHS will, and will cause each Subsidiary to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, request or other document required or permitted to be given under this Agreement shall be in writing and shall be deemed given: (a) upon delivery, if delivered by hand; (b) three (3) days after the date of deposit in the mail, postage prepaid, if mailed by certified U.S. mail; or (c) on the next business day, if sent by prepaid overnight courier service. If not personally delivered by hand, notice shall be sent using the addresses set forth opposite each Party’s signature to this Agreement or to such other address as either Party may designate by written notice to the other.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: although 9gag , inc and the site will make reasonable efforts to store and preserve the material residing on the site , neither 9gag , inc nor the site is responsible or liable in any way for the failure to store , preserve or access subscriber content or other materials you transmit or archive on the site .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the court may consider “whether revocation of the order of confirmation can or would lead to an outcome that is more equitable than leaving the order intact.” 8 Collier on Bankruptcy ¶ 1144.03[4] at 1144-5 (15th ed. rev.2006). In contrast with this discretionary language stands the statutory command that any order revoking a confirmation order “shall — (1) contain such provisions as are necessary to protect any entity acquiring rights in good faith reliance on the order of confirmation.... ” The use of the imperative “shall” leaves no room for discretion. All orders revoking orders of confirmation must protect innocent parties. Under this statutory scheme, if a court cannot fashion a revocation order that protects innocent parties who acquired rights in relian 923 (S.D.N.Y.1975) (<HOLDING>). The policy consideration of finality for a Options: A. holding limitations period for filing petition for postconviction relief runs from date of final judgment not from date of subsequent order revoking appeal bond B. holding that the limitations period in section 1640e runs from the date of consummation of the transaction C. holding that oneyear period runs from the discovery of the transfer D. holding under section 1144s predecessor statute that the 180day period runs from the date of the confirmation order even if the fraud is not discovered in the 180day period E. holding that the limitations period in section 1640e runs from the date of consummation of the transaction and rejecting a continuing violation theory

assistant: The best answer is D. holding under section 1144s predecessor statute that the 180day period runs from the date of the confirmation order even if the fraud is not discovered in the 180day period
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 Seller hereby irrevocably designates and appoints Seller Agent as the agent of such Seller under this Framework Agreement and each of the other Transaction Agreements, and each Seller irrevocably authorizes Seller Agent, in such capacity, to take such action on its behalf under the provisions of this Framework Agreement and the other Transaction Agreements and to exercise such powers and perform such duties as are expressly delegated to Seller Agent by the terms of this Framework Agreement and the other Transaction Agreements (including the power to execute and deliver Confirmations on behalf of each Seller in accordance with Article 4 of this Framework Agreement and the applicable Master Repurchase Agreements), together with such other powers as are reasonably incidental thereto to the extent permitted by Applicable Law. Each Seller hereby further authorizes Seller Agent to consent to amendments to this Framework Agreement. Without limiting the generality of the foregoing, Seller Agent shall be responsible for maintaining and the delivering Transaction Notices, Information Packages, Purchase Reports, and for the receipt and distribution of Funded Purchase Price to each of the Sellers. Seller Agent hereby agrees that it will promptly deliver to each Seller copies of each Confirmation and any notices or written information received by Seller Agent from Buyer Agent or any Buyer in connection with any Transaction Agreement. Notwithstanding any provision to the contrary elsewhere in this Framework Agreement, Seller Agent shall not have any duties or responsibilities, except those expressly set forth herein, or any fiduciary relationship with any Seller, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Framework Agreement or otherwise exist against the Seller Agent.

assistant: Authorizations
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 Employer shall employ Executive, and Executive shall serve as the COO Operations of the Company, commencing upon the Effective Date and continuing thereafter for a two (2)-year term (the “ Term ”), unless earlier terminated under Article 4 ; provided that the Term shall automatically renew for additional two (2)-year periods unless the Employer or Executive gives notice of non-renewal at least thirty (30) days prior to expiration of the Term (as it may have been extended by any renewal period).

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 case excerpt and choose the best holding from the options. Case excerpt: “governmental unit.” If, on the other hand, “governmental unit” can be read to mean “State,” then both DRS and DSS would be encompassed within the definition and § 106(c) would apply. DSS argues that the definition’s inclusion of both the “State” and, separately, an “agency” thereof reveals Congress’s recognition that an agency “can and will act only for itself,” and that, by extension, one agency’s waiver will not strip other agencies of the same state of their immunity in a particular case. Further, DSS argues, a construction of the statute that conflates “agency” with “State” and effectively merges the former into the latter renders the reference to “agency” in 11 U.S.C. § 101(27) useless surplusage. See Duncan v. Walker, 533 U.S. 167, 174, 121 S.Ct. 2120, 150 L.Ed.2d 251 (2001) (<HOLDING>) (internal quotation marks omitted); see also Options: A. holding principle of statutory construction is to give effect to every clause and word of a statute B. holding courts must give effect to every provision and word in a statute and avoid any interpretation that may render statutory terms meaningless or superfluous C. holding that courts must give effect to every word when interpreting a statute D. holding that a court must interpret the words of a statute according to their common meaning in a way that gives effect to every word clause and sentence internal quotations omitted E. holding that effect must be given if possible to every clause and word of a statute

assistant: The best answer is E. holding that effect must be given if possible to every clause and word of a statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY); AND WAIVES DUE DILIGENCE, DEMAND, PRESENTMENT AND PROTEST AND ANY NOTICES THEREOF AS WELL AS NOTICE OF NONPAYMENT. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVERS, AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

assistant: Waiver Of Jury Trials
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 377 U.S. 405 84 S.Ct. 1628 12 L.Ed.2d 495 MEEKSv.GEORGIA SOUTHERN & FLORIDA RAILWAY CO. No. 981. BRASWELL v. The NEW YORK, CHICAGO & ST. LOUIS R. CO. No. 1004. Supreme Court of the United States June 1, 1964 Thomas J. Lewis and Thomas J. Lewis, Jr., for petitioner Meeks. George R. Wolf, for petitioner Braswell. W. Graham Claytor, Jr., Charles J. Bloch, Denmark Groover, Jr. and William H. Allen, for respondent Georgia Southern & Florida R. Co. Robert Broderick, for respondent New York, Chicago & St. Louis R. Co. On Petition for Writ of Certiorari to the Court of Appeals of Georgia. On Petition for Writ of certiorari to the Supreme Court of Illinois. PER CURIAM. 1 The petitions for writs of certiorari are granted and the judgments are reversed. Rogers v. Missouri Pacific R. Co., 352 U.S. 500, 77, S.Ct. 443, 1 L.Ed.2d 493. 2 Mr. Justice HARLAN, whom Mr. Justice STEWART joins, dissenting in No. 981, and dissenting in part and concurring in part in No. 1004. 3 These are two more negligence cases, neither of which should have been brought here since both involve only questions of the sufficiency of the evidence to support the jury verdicts. See, e. g., my dissenting opinion in Dennis v. Denver & Rio Grande W. R. Co., 375 U.S. 208, 212, 84 S.Ct. 291, 11 L.Ed.2d 256, and those in the cases therein cited; cf. my dissenting opinion in Eichel v. New York Central R. Co., 375 U.S. 253, 256, 84 S.Ct. 316, 11 L.Ed.2d 307. 4 Feeling obliged, however, to reach the merits because the cases are before us, see my opinion in Rogers v. Missouri P. R. Co., 352 U.S. 500, 559-562, 77 S.Ct. 443, 1 L.Ed.2d 493. I dissent from the judgment in No. 981 and concur in the j dgment in No. 1004.

assistant: 8
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Interest, fees and commissions payable pursuant hereto shall be calculated on the basis of a 360-day year for the actual days elapsed, except that, with respect to (i) ABR Loans the rate of interest on which is calculated on the basis of the Prime Rate and (ii) Loans denominated in Sterling, the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. The Administrative Agent shall as soon as practicable notify the Parent Borrower and the relevant Lenders of each determination of a Eurocurrency Rate. Any change in the interest rate on a Loan resulting from a change in the Alternate Base Rate or the Eurocurrency Reserve Requirements shall become effective as of the opening of business on the day on which such change becomes effective. The Administrative Agent shall as soon as practicable notify the Parent Borrower and the relevant Lenders of the effective date and the amount of each such change in interest rate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of Executive’s performance of the duties set forth in Section 2, the Employer shall provide Executive the compensation specified in this Agreement. The Employer shall pay Executive a salary of $752,580 per year (“ Base Salary ”). The Base Salary shall be payable biweekly, or with such other frequency as officers of the Employer are generally paid. During the term of this Agreement, the Base Salary shall be reviewed at least annually by the Board or by a committee designated by the Board, and the Employer may increase, but not decrease (except for a decrease that is generally applicable to all employees) Executive’s Base Salary. Any increase in Base Salary shall become “Base Salary” for purposes of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employee’s employment with Employer and/or Standex and/or its subsidiaries, the Employer, Employee, or the Employer and Employee jointly, may create, develop or reduce to practice inventions, discoveries, improvements, methods, designs, processes, works of authorship, know-how, show-how, formulas or ideas (collectively “Intellectual Property”), whether or not patentable, copyrightable, capable of trade secret or other legal protection. Any and all Intellectual Property developed by Employee, either alone or in conjunction with others, at any time or at any place during the Employee’s employment with Employer and/or Standex and/or its subsidiaries whether or not reduced to writing or practice during such respective term, which is within the scope of his employment services and relates to the business in which the Employer is engaged or in which, to the knowledge of the Employee, the Employer intends to engage, or which were developed or made in whole or in part using Employer facilities, resources or property, or at Employer’s expense, shall be the exclusive property of the Employer. Employee shall promptly disclose any such inventions to the Employer, and, at the request and expense of the Employer, shall assign all of his rights, title and interest in the same to the Employer. Employee, at the Employer’s cost and expense, agrees to fully cooperate with the Employer and to sign all instruments necessary or desirable and take such other action as the Employer may request in connection with the filing, prosecution and enforcement of any patent or other rights in and to the Intellectual Property in the United States or any foreign country. Employee hereby appoints Employer as Employee's attorney-in-fact to execute and deliver any such instruments on Employee's behalf in the event Employee fails or refuses to do so within a reasonable time following Employer’s request.

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: The terms and provisions of this Agreement may be waived, or consent for the departure therefrom granted, only by written document executed by the party entitled to the benefits of such terms or provisions. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other terms or provisions of this Agreement, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given, and shall not constitute a continuing waiver or consent. The Committee has the right to amend this Agreement and the PSUs; provided, that , no such amendment shall adversely affect the Participant’s material rights under this Agreement without the Participant’s consent.

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: Each Loan Party has all requisite power and authority to execute, deliver and perform this Second Amendment and to carry out the transactions contemplated by, and perform its obligations under, the Credit Agreement as amended by this Second Amendment (the “ Amended Credit Agreement ”).

assistant: Authority