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: This Agreement and the instruments, agreements and documents referred to in this Agreement shall be deemed incorporated into and made a part of the Credit Agreement and the other Loan Documents. This Agreement shall be deemed to be a Loan Document as that term is defined in the Credit Agreement. All such instruments, agreements and documents, and this Agreement, shall be construed as integrated and complementary of each other, and, except as otherwise specifically provided in this Agreement, as augmenting and not restricting the Administrative Agent’s, the Collateral Agent’s, the Lenders’ and/or each other Secured Party’s rights, remedies, benefits and security. If after applying the foregoing an inconsistency still exists, the provisions of this Agreement shall constitute an amendment to the Credit Agreement and shall control. References in the Credit Agreement to this “Agreement,” “herein,” “hereof” or “hereunder” or references to the Credit Agreement in any other agreement or document shall, in each case, be deemed to refer to the Credit Agreement as amended hereby.

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 legal provision and list the applicable contract clause categories. Provision: After the Initial Capital Contributions have been contributed and received by the Company, the Members shall make additional Capital Contributions in cash, in proportion to their respective Membership Percentage Interests, as approved by the Management Committee or the Members from time to time, in accordance with Sections 5.2, 5.3 and 5.4, determined to be reasonably necessary to fund: (i) operating costs and sustaining capital to the extent revenue is insufficient to cover the same, and (ii) capital improvements for the Silver Towne Mint (the “ Additional Capital Contributions ”). Upon making a determination to approve Additional Capital Contributions, the Management Committee shall deliver to the Members a written notice of the Company's need for Additional Capital Contributions, which notice shall specify in reasonable detail (i) the purpose for such Additional Capital Contributions, (ii) the aggregate amount of such Additional Capital Contributions, (iii) each Member's share of such aggregate amount of Additional Capital Contributions based upon each such Member's Membership Percentage Interest, and (iv) the date (which date shall not be less than ten (10) Business Days from the date that such notice is given) on which such Additional Capital Contributions shall be required to be made by the Members. In the case of Additional Capital Contributions required to fund an Approved Capital Budget, the Management Committee may require the Additional Capital Contributions be made in installments, over a period of time, consistent with the needs of the Approved Capital Budget, in which case the each notice herein shall address that portion of the Approved Capital Budget required for the next period.

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: Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Amended Credit Agreement. The rules of interpretation set forth in Section 1.03 of the Original Credit Agreement are hereby incorporated by reference herein, mutatis mutandis . As used herein, the term “ April 2019 Transactions ” means, collectively, (a) the execution, delivery and performance by each Loan Party of this Amendment, (b) the Borrowing of the Incremental Term B-3 Loans hereunder and the use of the proceeds thereof and (c) the payment of fees and expenses incurred in connection with the foregoing.

assistant: Defined 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: deliveroo.co.uk is a website operated by roofoods limited ( `` we '' , `` us '' or `` deliveroo '' ) , incorporated and registered in the england and wales , whose registered office is at 1 cousin lane , london , ec4r 3te , united kingdom .

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: Without the prior written consent of Administrative Agent, Borrower shall not engage in any transaction affecting the Project with an Affiliate of Borrower, except as expressly contemplated by this Agreement or otherwise on arm’s-length market terms.

assistant: Transactions With Affiliates
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 dispute or claim arising out of or in connection with any provision of this Agreement will be finally settled by binding arbitration in Santa Clara County, California, in accordance with the rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. The arbitrator shall apply California law, without reference to rules of conflicts of law or rules of statutory arbitration, to the resolution of any dispute. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for preliminary or interim equitable relief, or to compel arbitration in accordance with this paragraph, without breach of this arbitration provision. This Section 10(g) shall not apply to the Confidentiality Agreement.

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: During the Employment Period, the Employee shall serve as, and with the title, office and authority of, the President and Chief Executive Officer of the Company. The Employee shall have such duties and authority as are normally associated with such positions and will generally have responsibility for managing Company activities, subject to the authority of the Company's Board of Directors of the Company (the "Board") . These activities include but are not limited to Board activities, investor and public relations, fund raising and banking relations. The Employee shall report directly to the Board.

assistant: Positions
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: under the policy. Thus, the provision would only be upheld under KRS § 304.14-370 if it gave the party one year from the date of denial to sue. Unfor al limitation provisions under the parameters set by KRS § 304.14-370. However, these cases provide more confusion than guidance. Both courts considered the same limitation provision in light of KRS § 304.14-370, and yet, they reached two different conclusions about the clause’s validity and impact on the plaintiffs claims. Compare Smith v. Allstate Ins. Co., 403 F.3d 401 (6th Cir.2005) (finding that the plaintiffs claim was barred by a KRS § 304.14-370 compliant provision requiring a party to sue “within one year of the inception of loss”) with Tennant v. Allstate Ins. Co., Civ. A. No. 04-54, 2006 WL 319046 (E.D.Ky. Feb. 10, 2006) (<HOLDING>). These decisions will be analyzed in detail Options: A. holding that plaintiffs legal malpractice claim was not ripe until the appeal had been exhausted because plaintiffs harm remained speculative until then B. holding that same limitation provision violated krs 30414370 as to the plaintiffs claim because it did not accrue until denial of the plaintiffs claim for coverage C. holding that the uscfc did not have jurisdiction over plaintiffs claim because plaintiffs claim of negligence sounds in tort D. holding similar allegations supported that the plaintiffs negligence claim did not accrue until plaintiffs loan payments exceeded his ability to pay E. holding that because plaintiffs iied claim is based on the facts that support plaintiffs malicious prosecution claim plaintiffs iied claim did not accrue until the charges against them were dismissed

assistant: The best answer is B. holding that same limitation provision violated krs 30414370 as to the plaintiffs claim because it did not accrue until denial of the plaintiffs claim for coverage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: juvenile court had already determined that R.H. was under the wardship of DCS and that she was to be placed in foster care. The no reasonable efforts order, in addition to finding that DCS was not required to make reasonable efforts to reunify Mother and R.H., suspended Mother’s visitation with R.H. The permanency order changed the permanency plan from reunification to adoption. In short, whether or not there is an order denominated a “dispositional decree” in the record, the juvenile court’s orders as a whole serve the purpose of a dispositional decree and further, effectively end the relationship between Mother and R.H. and allow DCS to move forward with termination proceedings. If Mother is not allowed to appeal this issue now, she may never be able to. See Smith, 635 N.E.2d at 1148 (<HOLDING>). Thus, whether or not the court’s orders are Options: A. holding that an issue not raised on appeal is waived B. holding that because the mother did not appeal the issue of whether she was entitled to courtappointed counsel in a chins proceeding until following termination proceedings she had waived the issue C. holding an issue not raised in the bankruptcy court was waived on appeal D. holding issue not raised in the bankruptcy court was waived on appeal E. holding that the district court did not err in failing to address the defendant personally to determine whether she understood the rights she was waiving by admitting that she violated the conditions of her probation

assistant: The best answer is B. holding that because the mother did not appeal the issue of whether she was entitled to courtappointed counsel in a chins proceeding until following termination proceedings she had waived the issue
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 prices for the Analyzer Products are “net amounts” in US Dollars. Mindray is responsible for all insurance, freight, customs, duties, VAT, any foreign, federal, state or local taxes that may be applicable to bring the Analyzer Products to Heska’s dock DDP, or DDP at Heska's Logistic Center Dock in Europe. (Incoterms 2010). Each Party shall be responsible for their own federal, state and local sales, use and income taxes and assessments, Value Added Taxes, and other taxes, fees, and duties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AMENDMENT AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AMENDMENT SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY PRINCIPLE OF CONFLICTS OF LAW THAT COULD REQUIRE THE APPLICATION OF ANY OTHER LAW.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Company will timely file a current report on Form 8-K (“ Current Report ”) by 8:30 am Eastern time on the Trading Day after the Effective Date describing the material terms and conditions of this Agreement, a copy of which has been provided to Investor prior to the Effective Date. All information that Company has provided to Investor t hat constitutes or might constitute material, non-public information will be included in the Current Report. Notwithstanding any other provision, except for information that will be included in the Current Report, (a) neither Company nor any other Person acting on its behalf has provided Investor or its representatives, agents or attorneys with any information that constitutes or might constitute material, non-public information, including without limitation this Agreement and the Exhibits and Disclosure Schedules hereto, (b) no information contained in the Disclosure Schedules constitutes material non-public information and (c) there is no adverse material information regarding Company that has not been publicly disclosed prior to the Effective Date. Company understands and confirms that Investor will rely on the foregoing representations and covenants in effecting transactions in securities of Company. All disclosure provided to Investor regarding Company, its business and the transactions contemplated hereby, including without limitation the Disclosure Schedules, furnished by or on behalf of Company with respect to the representations and warranties made herein are true and correct in all material respects and do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading .

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 case excerpt and choose the best holding from the options. Case excerpt: they could do because she was living in a community “where Jehovah’s Witnesses are treated like this.” She also stated that her family, all Jehovah’s Witnesses, remain in Poland and continue to be the recipients of “shouting and howling,” but she did not offer any specific examples of persecution of members of her family who remain in Poland. Maruska testified that when knocking on doors as a Jehovah’s Witness in the Slovak Republic, he was often chased away in a harassing and insulting manner. With respect to their withholding of removal claims, we agree that the evidence presented by petitioners, which the IJ determined was credible, nonetheless does not rise to the level of past persecution nor does it demonstrate a clear probability of future persecution. See Fatin, 12 F.3d at 1240 (<HOLDING>). As the IJ noted, while there may be hostility Options: A. holding that persecution based on being a current member of the military national police force or us embassy guard does not qualify as persecution on a protected ground B. holding that persecution is an extreme concept requiring more than mere harassment C. holding that the concept of persecution does not encompass all treatment that our society regards as unfair unjust or even unlawful or unconstitutional D. holding that a cause of action based on unjust enrichment does not require fault or illegality on the part of the defendant E. holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals

assistant: The best answer is C. holding that the concept of persecution does not encompass all treatment that our society regards as unfair unjust or even unlawful or unconstitutional
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Borrower is in default under or with respect to any of its Contractual Obligations in any respect that would reasonably be expected to have a Material Adverse Effect. No Default or Event of Default has occurred and is continuing.

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: trading losses incurred by Defendants, they repeatedly sent pool participants emails falsely stating that PMC had earned profits trading forex. In addition, Defendants sent in excess of 100 false monthly profit checks to pool participants in order to maintain their charade of successfully trading forex. Delivering, or causing the delivery of, false account statements to pool participants constitutes a violation of Section 4b(a)(2)(B) of the Act, 7 U.S.C. § 6b(a)(2)(B) (Supp. III 2009). Noble Wealth Data Info. Servs., Inc., 90 F.Supp.2d at 685-87 (D.Md.2000), aff'd in relevant part sub nom. Baragosh, 278 F.3d at 319 (4th Cir.2002) (defendants violated Section 4b(a) of the Act through the delivery of false account statements); Capitalstreet Financial, LLC, 2012 WL 79758, at *1 (<HOLDING>). Accord CFTC v. Smith, No. L10CV00009, 2012 WL Options: A. holding that broker violated 11a and rule llala when he shared in the profits and losses of trades in one of his customers accounts B. holding that defendant violated 4b of the act by using false monthly account statements to conceal losses and instead represent that defendants were making profitable trades C. holding that various law enforcement personnel and judges were victims of the crime of making false statements to a government agency for purposes of 3a12a where the defendant made false statements about the officials to the irs causing the irs to investigate the officials certainly had the effect of making these individuals the defendants victims D. holding monthly invoice qualified as a false claim under the fca E. holding that defendant could be charged for making false statements to treasury officials under the tax evasion statute or the statute prohibiting false statements to government officials

assistant: The best answer is B. holding that defendant violated 4b of the act by using false monthly account statements to conceal losses and instead represent that defendants were making profitable trades
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent that any Person is entitled to any payment in respect of Fresh Water taken from any Take Point, including any taxes, Producer shall pay or cause to be paid and agrees to hold Antero Water harmless as to the payment of all such payments or taxes. Antero Water shall not become liable for such payments or taxes, unless designated to remit those taxes on behalf of Producer by any duly constituted Governmental Authority having authority to impose such obligations on Antero Water, in which event the amount of such taxes remitted on Producer’s behalf shall be reimbursed by Producer upon receipt of invoice, with corresponding documentation from Antero Water setting forth such payments. Antero Water shall pay or cause to be paid all taxes, charges and assessments of every kind and character required by statute or by order of Governmental Authorities with respect to its facilities, including the Fresh Water Facilities. Except as provided in Exhibit H attached hereto, neither Party shall be responsible nor liable for any taxes or other statutory charges levied or assessed against the facilities of the other Party, including ad valorem tax (however assessed), used for the purpose of carrying out the provisions of this Agreement or against the net worth or capital stock of such Party. Notwithstanding the foregoing, to the extent that such payments or taxes relate to Fresh Water that is made available to a third party pursuant to Section 8.4(d) , Antero Water shall look only to such third party, and not to Producer, for payment or reimbursement of such payments and taxes to the extent relating to the Fresh Water made available to such third party, and shall use reasonable efforts to ensure that Fresh Water not subject to such payments and taxes is made available to Producer in preference to third parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “the preciseness of words is not necessary in presenting the issue so long as the state court has an adequate opportunity to consider a party’s objection”). If Hutchins and Osborne set the minimum standards for articulation of a federal constitutional claim in state proceedings, it is then clear to us that the Petitioner’s brief to the Florida appellate court falls above that minimum. Petitioner’s words were precise. He specifically emphasized that the exclusion of Mr. Donorvitch’s non-testimonial evidence implicated his Sixth and Fourteenth Amendment rights to present evidence in his defense. His citation to case law in support of this claim was not solely to “a state-court decision predicated solely on state law.” Cf. Anderson v. Harless, 459 U.S. at 7 n. 3, 103 S.Ct. at 278 n. 3 (<HOLDING>). Dumas v. State, 350 So.2d 464 (Fla.1977), the Options: A. holding that reviewing court may consider trial evidence in reviewing denial of motion to suppress B. holding applicants general state court claim was insufficient to exhaust his later more specific federal habeas claim C. holding that a reviewing court is not to substitute its decision for that of the board D. holding that the superior court in reviewing agency action uses the precise scope of review the court of appeals employs in reviewing contested cases E. holding such authority insufficient to apprise a reviewing court of a potential federal claim

assistant: The best answer is E. holding such authority insufficient to apprise a reviewing court of a potential federal claim
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: — possibly believing that Adrian started the fatal events in motion and was primarily responsible for the death that ultimately transpired — and chose to find Jermarxian guilty only of manslaughter. Thus, having been told to review each charge separately, but not having been told to harmonize its findings, the jury was not to consider any potential inconsistency in its verdicts. Because of this, we cannot say that the jury did not rely on the improper party offense to find Appellant guilty of murder based on an improper party offense. As we have already noted, such “an individualized assessment of -Texarkana 2006, no pet.) (concluding egregious harm shown when some of alternative theories in charge permitted conviction for conduct not defined as an offense); Guevara, 191 S.W.3d at 210 (<HOLDING>). We therefore sustain appellant’s second Options: A. holding egregious harm resulted from erroneous jury instruction authorizing conviction based on legally inadequate theory B. holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given C. holding that the jury need not agree on the theory supporting the conviction if there is sufficient evidence to support either theory D. holding egregious harm standard applied where appellant failed to object to lack of instruction on accomplice witness testimony E. holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel

assistant: The best answer is A. holding egregious harm resulted from erroneous jury instruction authorizing conviction based on legally inadequate theory
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As between the First Lien Secured Parties, the Controlling Collateral Agent shall have the right to adjust or settle any insurance policy or claim covering or constituting Shared Collateral in the event of any loss thereunder and to approve any award granted in any condemnation or similar proceeding affecting the Shared Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term of provision hereof is determined to be invalid or unenforceable in a final court or arbitration proceeding, (i) the remaining terms and provisions hereof shall be unimpaired and (ii) to the extent permitted by applicable Law, the invalid or unenforceable term or provision shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision.

assistant: Severability
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: ESSI shall be solely responsible for all liability arising out of production, distribution and sale of its product(s). ESSI hereby agrees to indemnify, defend and hold harmless Talent, his agents, representatives and employees (referred to collectively as "Talent Indemnities") from and against any and all claims, actions, causes of action, damages, injuries, expenses, liabilities (joint and several), penalties fines, attorney fees, court costs, and any other expenses incurred by Talent Indemnities arising out of (1) breach by ESSI of any of the terms, representations or warranties made by ESSI in this Agreement; or (2) ESSI product liability or trademark patent or other proprietary right infringement; or (3) errors, omissions, fraudulent or negligent acts by ESSI, its employees, agents or subcontractors in connection with (i) any advertising featuring Talent; (ii) with the performance of ESSI's duties and obligations under this Agreement; (iii) with the production, distribution, promotion, marketing and sales of products including related product packaging; and/or (iv) with the operation and management of its production and distribution facilities, however caused.

assistant: Indemnity
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: sought, fled the country. Similarly, the “reenter” provision of sub-part B extends disentitlement authority over another class of persons traditionally recognized as “fugitives,” that is, persons who allegedly committed crimes while in the United States but who were outside the country — for whatever reason — when they learned that their arrests were sought and who then refused to return to the United States in order to avoid prosecution. See, e.g., United States v. Eng, 951 F.2d at 464 (“Fleeing from justice is not always a physical act; it may be a state of mind.... Thus, a defendant with notice of criminal charges who actively resists returning from abroad to face those charges is a fugitive from justice .... ”); United States v. $45,940 in United States Currency, 739 F.2d at 796-98 (<HOLDING>); see also Jhirad v. Ferrandina, 536 F.2d 478, Options: A. holding that deported canadian who failed to seek permission from us consulate to enter united states and answer pending criminal charges was properly deemed a fugitive B. recognizing that the plain language of 1326a establishes that a previously deported alien who illegally enters and remains in the united states can violate the statute at three different points in time namely when the alien 1 enters 2 attempts to enter or 3 is at any time found in the united states C. holding that the final termination of the criminal proceedings occurred when criminal charges were dismissed with prejudice rather than when the accused was released from prison pending a retrial D. recognizing the inherent anxiety associated with pending criminal charges E. holding that sjection 241a5 bars aliens who have illegally reentered the united states after having previously been deported from applying for relief

assistant: The best answer is A. holding that deported canadian who failed to seek permission from us consulate to enter united states and answer pending criminal charges was properly deemed a fugitive
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: academia.edu reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate , not current or incomplete .

assistant: Unilateral termination
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, finder, investment banker or other Person has been engaged by such Purchaser that is entitled to any brokerage, finder’s or other fee or commission from such Purchaser in connection with the transactions contemplated herein.

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: of “creating, abolishing, or recreating” municipal agencies, as the charter suggests. It simply discharged one group of employees with which it had a contractual obligation in favor of another group that was willing to do the very same work for less money. This contract may have been too rich for the city’s blood, but it is beyond dispute that the city agreed to it, the city requested that it be amended, the city’s chief executive officer signed it, and the city’s legislative body ratified it. Municipalities cannot simply shed contractual obligations because a better deal can be found elsewhere, terminating a legally binding agreement in the process. See Exeter-West Greenwich Regional School District v. Exeter-West Greenwich Teachers’ Association, 489 A.2d 1010, 1020 (R.I.1985) (<HOLDING>). Finally, the arbitrator’s award is entitled Options: A. holding that when a court accepts a fixed plea agreement it is bound by the agreements terms B. holding that agency is bound by its regulations C. holding that the unauthorized transfer of estate assets was in blatant disregard of the integrity of the court as well as the constraints mandated by congress in the bankruptcy code D. holding that the government is no longer bound by its obligations under a plea agreement when a defendant commits a material breach E. holding that a city or town is bound by and must fund the valid collectivebargaining agreements entered into by its school committee as well as other obligations incurred in the providing of services mandated by law

assistant: The best answer is E. holding that a city or town is bound by and must fund the valid collectivebargaining agreements entered into by its school committee as well as other obligations incurred in the providing of services mandated by law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 6.1(i) , there are no actions, suits, investigations or proceedings pending (nor, to the knowledge of the Borrower, are there any actions, suits or proceedings threatened) against or in any other way relating adversely to or affecting the Borrower or any of its Subsidiaries or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which could reasonably be expected to have a Material Adverse Effect. There are no strikes, slow downs, work stoppages or walkouts or other labor disputes in progress or threatened relating to the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect.

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: in behalf of, or (ii) subject to the direct or indirect control of any party to the transaction other than the person by whom the compensation is paid. Although the Robinson-Patman Act has frequently been the subject of enforcement actions by the Federal Trade Commission, see, e.g., FTC v. Henry Broch & Co., 363 U.S. 166, 168-69, 80 S.Ct. 1158, 4 L.Ed.2d 1124 (1960); Biddle Purchasing Co. v. FTC, 96 F.2d 687, 690-92 (2d Cir.1938), it does not itself provide a private right of action for treble damages. Such a right is granted only by § 4 of the Clayton Act, 15 U.S.C. § 15(a), which authorizes private suits by “any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws.” Schwimmer v. Sony Corp. of Am., 637 F.2d 41, 46 (2d Cir.1980) (<HOLDING>); see also J. Truett Payne Co. v. Chrysler Options: A. holding that to have standing to bring a 2a robinsonpatman claim a private plaintiff must make some showing of actual injury attributable to something the antitrust laws were designed to prevent B. recognizing that 1404a allows for the transfer of clayton act suits C. holding that standing to raise a claim under 2a of robinsonpatman act is derived from section 4 of the clayton act D. holding that competitive injury is an element of a 2a claim E. holding that courts should look to the standing principles developed under section 4 of the clayton act for guidance in interpreting section 303s standing requirements id at 406 for a recent discussion of standing under the clayton act see associated general contractors v california state council of carpenters us 103 sct 897 74 led2d 723 1983

assistant: The best answer is C. holding that standing to raise a claim under 2a of robinsonpatman act is derived from section 4 of the clayton act
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: request contained the implied certification that it was appropriate for the Government to pay for the services rendered. However, the above-mentioned schemes rendered the services non-reimbursable due to violations of the AKS. To provide additional background for the Government’s allegations, the AKS, in relevant part, makes it illegal to “knowingly and willfully” arrange for or provide remuneration as an inducement for federal program business, 42 U.S.C. § 1320a-7b(b). Any claim tainted by an AKS violation constitutes a false or fraudulent claim. 42 U.S.C. 1320a-7b(g) (“[A] claim that includes items or services resulting from a violation of [the AKS] constitutes a false or fraudulent claim for purposes of [the FCA.]”); see United States v. Rogan, 517 F.3d 449, 452-53 (7th Cir. 2008) (<HOLDING>); see also U.S. ex rel. Drakeford v. Tuomey, Options: A. holding that false arrest and false imprisonment claim were not duplicative B. holding statute imposing criminal sanctions for deliberately false statements submitted to federal agency even without a showing that defendant knew they were being submitted to the federal government did not constitute a trap for the unwary C. holding that all claims submitted by defendant were false because they were acquired by kickback D. holding that tort claims were arbitrable because they arose out of and were related to contract E. holding that the defendant contractor violated 18 usc 286 a companion statute to the criminal fca because his claims were false when submitted even though the false claims were ultimately irrelevant to the total amount paid by the government to the contractor

assistant: The best answer is C. holding that all claims submitted by defendant were false because they were acquired by kickback
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 furtherance of the transactions described herein, the parties hereto shall, and shall cause their applicable subsidiaries to, execute such additional bills of sale, quitclaim deeds, stock or equity powers, certificates of title, assignments of contracts and other instruments of transfer, conveyance and assignment and other documents reasonably necessary to evidence the transfer, conveyance and assignment of the Contributed Assets to SpinCo and the valid and effective assumption of the Assumed Liabilities by SpinCo, including any which are not transferred on the date hereof as a result of Section 2.2(b) of the Separation Agreement or for any other reason.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to cancel assessed amounts that have been “illegally determined ... by the [Bjoard.” § 6981. Taxpayers can assert in their claim for a refund that the Board illegally determined the assessed amount by denying taxpayers the right to present material evidence. Should the Board reject taxpayers’ claim for a refund, taxpayers can seek state court review of the Board’s rejection. See § 6933; see also § 6932 (stating that a claim for a refund before the Board is a prerequisite to filing any state court action for the “recovery of any amount alleged to have been erroneously or illegally determined or collected”). The issues raised and the evidence presented in the administrative claim for a refund, not the petition for redetermin ion, 250 Cal.Rptr. 891, 906, 204 Cal.App.3d 1269, 1291 (1988) (<HOLDING>); Duffy v. State Bd. of Equalization, 199 Options: A. holding that a constitutional question must be raised at the first available opportunity B. holding that because the taxpayer raised only the first amendment violation in the claim for a refund the other constitutional grounds for a refund could not be litigated in the state refund action C. holding that a claim not raised before the trial court will not be considered for the first time on appeal D. holding that an issue not raised in the trial court cannot be raised for the first time on appeal E. holding that because a claim was never raised in the district court this court would not consider it for the first time on appeal

assistant: The best answer is B. holding that because the taxpayer raised only the first amendment violation in the claim for a refund the other constitutional grounds for a refund could not be litigated in the state refund 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: Subtenant acknowledges that Subtenant’s late payment of Rent will cause Sublandlord to incur costs not contemplated by this Sublease, the exact amount of such costs being difficult and impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Sublandlord. Accordingly, if Subtenant fails to pay any Rent within three (3) days of the date when due, Subtenant shall pay a late charge and interest thereon equal to 5% of the delinquent installment of Rent. Sublandlord and Subtenant agree that this late charge represents a fair and reasonable estimate of the costs that Sublandlord will incur due to Subtenant’s late payment of Rent. Sublandlord’s acceptance of a late charge will not constitute a waiver of Subtenant’s default with respect to the delinquent amount or prevent Sublandlord from exercising any of the other rights and remedies available to Sublandlord under this Sublease or under applicable law. No endorsement or statement on a check or letter accompanying a check or payment shall be considered an accord and satisfaction of past due Rent. Subtenant’s covenant to pay Rent is independent of every other covenant in this Sublease.

assistant: Interests
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: can be characterized as “new” or “future” as opposed to “continued” at-will employment. Jimenez, however, correctly responds that in Missouri, a promise of at-will employment does not qualify as consideration,- regardless of whether it is characterized as “new,” “future,” or “continued” at-will employment. Thus, it does not provide the consideration needed to support the arbitration agreement in this case. Defendants concede that Jimenez was an at-will employee. They also agree that under Morrow v. Hallmark Cards, Inc., 273 S.W.3d 15 (Mo.App.W.D.2008), a promise of “continued” at-will employment will not constitute consideration for purposes of- enforcing an arbitration agreement. See also Clemmons v. Kansas City Chiefs Football Club, Inc., 397 S.W.3d 503, 507 (Mo.App.W.D.2013) (<HOLDING>). Defendants argue, however, that this line of Options: A. holding offer of continued atwill employment did not constitute consideration for the arbitration agreement B. holding that a postinjury arbitration agreement was not part of a employment contract when a seamans continued employment was not conditioned upon its execution C. holding in an employment discrimination case that the continued employment of the plaintiffs rival in a position previously held by the plaintiff did not constitute a systemic violation D. holding that an alleged oral modification of a written employment agreement was not enforceable because the employees action in remaining on the job did not constitute adequate consideration E. holding that offer of atwill employment is valid consideration to support an arbitration agreement

assistant: The best answer is A. holding offer of continued atwill employment did not constitute consideration for the arbitration agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: untruthfulness, if these agreements are offered as an explanation for representations or' implied warranties, that the party was fraudulently induced into a debt obligation to a bank taken over by the FDIC as receiver, such promises or representations are “agreements” that cannot “substantially comprise” a claim against the FDIC unless they meet the four-part recording requirement of § 1823(e). In practical terms, this means that fraud in the inducement is not a defense to an action to collect a debt by the FDIC as receiver, and that claims of fraud or conspiracy against the FDIC receiver fail when they are substantially supported by representations or promises that do not meet the four-part requirement of Section 1823(e). See FDIC v. Kratz, 898 F.2d 669, 671 (8th Cir.1990) (<HOLDING>). Section 1823(e) extends to claims made Options: A. holding that the language of the arbitration clause any controversy or claim arising out of was broad enough to encompass the plaintiffs claim alleging fraud in the inducement of the contract B. holding that under federal law the party seeking to obviate the forum selection clause must prove that the inclusion of the clause was the result of fraud or coercion fraud in the inducement as to the entire contract is not enough C. recognizing fraud in the inducement as defense under federal common law interpreting erisa D. holding that 12 usc 1823e precludes the defense of fraud in the inducement unless the representation met the recording requirements E. holding that the filed rate doctrine precludes insureds fraudulent inducement claim

assistant: The best answer is D. holding that 12 usc 1823e precludes the defense of fraud in the inducement unless the representation met the recording requirements
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: fails to state a claim. 26 U.S.C. § 7433(a) provides, in pertinent part, that: If, in connection with any collection of Federal tax with respect to a taxpayer, any officer or employee of the Internal Revenue Service recklessly or intentionally, or by reason of negligence, disregards any provision of this title, or any regulation promulgated under this title, such taxpayer may bring a civil action for damages against the United States in a district court of the United States. Defendant does not allege any violation of the tax code or tax regulation. Under 26 U.S.C. § 6672 the Government has discretion as to those from whom it chooses to collect § 6672 penalties from. United States v. Pomponio, 635 F.2d 293, 298 (4th Cir.1980); United States v. Pepperman, 976 F.2d 123, 127 (3d Cir.1992) (<HOLDING>). The fact that the IRS has discretion in this Options: A. holding that 9613f1 is the exclusive vehicle for responsible parties to obtain contribution from other responsible parties B. recognizing that where plaintiff is from the forum state and defendant is from an alternate forum each forum can claim a connection to one of the parties C. holding that the government was not responsible for delay from withdrawal of guilty plea D. holding that payments from a tortfeasors insurer are not from a collateral source because they stem directly from the tortfeasor E. recognizing that the government can choose to collect unpaid taxes from corporate employer each responsible person or entirely from one source

assistant: The best answer is E. recognizing that the government can choose to collect unpaid taxes from corporate employer each responsible person or entirely from one source