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: put him out of the car to walk to the next town if he refuses? If he does neither, is he negligent for continuing the trip? Or, must he just helplessly sit in his car? How can one know what course of action should be chosen? There is a flip side to the rule now adopted. Failure to wear a seat belt has generally been called the “seat belt defense.” The defense (contributory negligence) is asserted against the injured persons seeking to recover damages for personal injuries. Traditionally failure to wear seat belts could defeat a claim of damage for personal injury. If it is thought that the recently enacted statute prevents that result, think again about the propensity of this court for declaring legislative enactments unconstitutional. See e.g., Hoem v. State, 756 P.2d 780 (Wyo.1988) (<HOLDING>); Mills v. Reynolds, 837 P.2d 48 (Wyo.1992) Options: A. holding that the medical review panel is authorized to review the medical records and other submitted material pertaining to each defendants treatment of a patient and that while a medical malpractice plaintiff must as a prerequisite to filing suit present the proposed complaint for review and expert opinion by a medical review panel there is no requirement for such plaintiff to fully explicate and provide the particulars or legal contentions regarding the claim B. holding unconstitutional the wyoming medical review panel act C. holding that an unconstitutional act of congress has no legal effect D. holding that review of medical history during an examination assisted doctors medical conclusions E. holding the provisions of a comprehensive medical malpractice act unconstitutional

assistant: The best answer is B. holding unconstitutional the wyoming medical review panel 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 legal provision and list the applicable contract clause categories. Provision: The Company and Executive agree that any dispute or controversy arising under or in connection with this Agreement shall be settled, exclusively by arbitration, conducted before a panel of three arbitrators in the State of New York, in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. Judgment may be entered on the arbitrator’s award in any court having jurisdiction.

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: Upon satisfaction of the conditions set forth herein and upon receipt of all closing deliverables set forth in this Section 5, unless waived by the Company and the Holder, a closing (the date of such closing sometimes referred to herein as the “Closing Date” or the “Effective Date”) shall occur at the offices of King & Spalding LLP, 601 S. California Ave., Palo Alto, California 94304, or such other location as the parties shall mutually agree. On or before the Closing Date, Holder shall deliver to the Company (a) certificates representing the Holder’s Preferred Shares, and (b) Holder’s Warrants, and the Company shall deliver to Holder in book entry form the total number of shares of restricted Common Stock of the Company as set forth on Schedule A annexed hereto. Additionally, on or before the Closing Date, the Company shall have received (i) Other Agreements executed by 100% of the Other Holders (as such terms are defined below) and (ii) conversion notices from holders of 100% of the outstanding shares of the Company’s Series A Preferred Stock, Series B Preferred Stock and Series E Preferred Stock, duly executed by each such holder and evidencing each such holder’s irrevocable intention to convert its respective preferred stock into Common Stock pursuant to the terms of the applicable Certificate of Designations for each such series of preferred stock. On the Effective Date, any and all obligations of the Company to Holder under the Certificate of Designations or with respect to the Preferred Shares or the Warrants shall be fully satisfied, the certificates evidencing the Preferred Shares and Warrants shall be cancelled, the Certificate of Designations, the Subscription Agreement and the Registration Rights Agreement shall be terminated and of no further force or effect and Holder will have no remaining rights, powers, privileges, remedies or interests under the Subscription Agreement, the Certificate of Designations, the Preferred Shares, the Warrants or the Registration Rights Agreement.

assistant: Closings
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 Board of Directors shall establish in writing objectives (“Performance Goals”) that must be met by the Company or any subsidiary, division or other unit of the Company (“Business Unit”) during the Award Period as a condition to payment being made under the Performance-Based Award. The Performance Goals for each award shall be one or more targeted levels of performance with respect to one or more of the following objective measures with respect to the Company or any Business Unit: earnings, earnings per share, stock price increase, total shareholder return (stock price increase plus dividends), return on equity, return on assets, return on capital, economic value added, sales, revenues, operating income, inventories, inventory turns, cash flows, or any of the foregoing before the effect of acquisitions, divestitures, accounting changes, restructuring and special charges, extraordinary items and all items of gain, loss or expense determined to be extraordinary or unusual in nature or infrequent in occurrence (determined according to criteria established by the Board of Directors). The Board of Directors shall also establish the number of Performance Shares or the amount of cash payment to be made under a Performance-Based Award if the Performance Goals are met or exceeded, including the fixing of a maximum payment (subject to Section 11.4). The Board of Directors may establish other restrictions to payment under a Performance-Based Award, such as a continued employment requirement, in addition to satisfaction of the Performance Goals. Some or all of the Performance Shares may be issued at the time of the award as restricted shares subject to forfeiture in whole or in part if Performance Goals or, if applicable, other restrictions are not satisfied.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: attribute political opinions to him. With respect to both grounds for withholding of removal, the IJ also held that Mr. Tariq had failed to demonstrate that the government of Pakistan was unwilling or unable to protect him. Mr. Tariq advances no argument to refute these conclusions. Moreover, the record supports the IJ’s findings. Accordingly, we must hold that his decision to deny Mr. Tariq withholding of removal was supported by substantial evidence. C. Mr. Tariq asserts that the BIA erred in failing to address his motion to supplement the record on appeal. The Government concedes that it was error for the BIA to fail to address this motion. However, we shall not reverse the decision of the BIA if an error is harmless. Cf. Pronsivakulchai v. Gonzales, 461 F.3d 903, 907 (7th Cir.2006) (<HOLDING>). Before the IJ, the Government had introduced Options: A. holding that to prevail on a claim that an immigration hearing was procedurally insufficient the petitioner must demonstrate prejudice B. holding that an alien must show error and substantial prejudice in order to prevail on a due process claim C. holding that a petitioner must show prejudice in order to prevail on a claim that he or she was denied a full and fair hearing in violation of due process D. holding petitioner must demonstrate error and substantial prejudice to prevail on a due process claim E. holding petitioner must show prejudice to prevail on due process claim

assistant: The best answer is A. holding that to prevail on a claim that an immigration hearing was procedurally insufficient the petitioner must demonstrate prejudice
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 demands, notices, requests, consents and other communications under this Agreement shall be in writing, sent contemporaneously to all of the Support Parties and the Company, and deemed given when delivered, if delivered by hand, upon confirmation of transmission, if delivered by facsimile, or upon transmission, if delivered by email, in each case, at the addresses, facsimile numbers or email addresses set forth on Schedule 1 hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: person serves on a jury. Under article 44.46(1), a conviction is reversible without a showing of harm if the defendant “raised” the disqualification before the verdict was entered; however, under (2) where the disqualification is not discovered or brought to the attention of the trial court until after the verdict is entered, the conviction is not reversible absent a showing of significant harm. However, because the disqualification could not be waived, see paragraph 11 of article 35.16, and the error occurred when the trial court did not sua sponte excuse the disqualified juror during the jury formation as required by Green v. State, 764 S.W.2d 242, 246 (Tex.Cr.App.1989), articles 44.46(1) and (2) are not applicable. See also Pogue v. State, 553 S.W.2d 368, 370 (Tex.Cr.App.1977) (<HOLDING>) The question of the absolute disqualification Options: A. holding that a plain error that is fatal to a conviction is sufficient to warrant reversal B. holding that even if there is error in failing to award nominal damages to a plaintiff such error is not a basis for reversal C. holding that the omission of an element is not a structural error subject to automatic reversal but rather where objected to is subject to harmless error analysis D. holding that where the trial court is on notice of error in seating the panel before the jury is sworn and the error is not corrected automatic reversal is required E. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error

assistant: The best answer is D. holding that where the trial court is on notice of error in seating the panel before the jury is sworn and the error is not corrected automatic reversal is required
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and all security interests and other liens granted or conveyed hereunder shall remain in full force and effect and shall be irrevocable until the time at which all of the Secured Obligations (other than contingent indemnification obligations so long as no claim or demand for indemnification then exists or has then been made) have been indefeasibly paid in full, at which time this Agreement and all such security interests and other liens will terminate, subject to reinstatement as provided below. Each Pledgor hereby waives any right such Pledgor may have upon payment in full of the Secured Obligations to require Secured Parties to terminate their security interests in the Collateral or any financing statement relating thereto until this Agreement is terminated in accordance with the foregoing terms. Effective upon the consummation of a disposition of any Collateral to any Person (other than the Pledgors) to the extent such disposition is expressly permitted under the Purchase Agreement and the application of proceeds thereof in conformity with the provisions of this Agreement and the Purchase Agreement, the security interest granted under the Transactions Documents in such Collateral (but not any of the proceeds thereof) so disposed of will terminate and the Secured Parties shall, upon Issuer’s request and at Issuer’s sole cost and expense, promptly deliver such releases as may be appropriate to give public notice of such release, provided, however, the security interest granted under the Note Documents in all remaining Collateral will remain in full force and effect. Each Pledgor agrees that, if any payment made by any Pledgor or other Person and applied to the Secured Obligations is at any time annulled, avoided, set aside, rescinded, invalidated, declared to be fraudulent or preferential or otherwise required to be refunded or repaid, or the proceeds of any Collateral are required to be returned by Secured Parties to such Pledgor, its estate, trustee, receiver or any other party, including any Pledgor, under any bankruptcy law, state or federal law, common law or equitable cause, then, to the extent of such payment or repayment, any lien or other Collateral securing such liability shall be and remain in full force and effect, as fully as if such payment had never been made. If any lien or other Collateral securing such Pledgor’s liability shall have been released or terminated by virtue of this Agreement, such lien, other Collateral or provision shall be reinstated in full force and effect and such prior release, termination, cancellation or surrender shall not diminish, release, discharge, impair or otherwise affect the obligations of any such Pledgor in respect of any lien or other Collateral securing such obligation or the amount of such payment.

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 case excerpt and choose the best holding from the options. Case excerpt: the finding of mental retardation of a defendant as “analogous to a conclusive mitigating factor in New Jersey’s capital murder scheme.” 188 N.J. at 406, 908 A.2d 181. Thus, the legal effect of a finding of mental retardation is like a conclusive mitigating factor that precludes the imposition of the death penalty. We conclude that because mental retardation is a conclusive mitigating factor, and because mitigating factors do not have to be found unanimously, a unanimous jury finding of mental retardation is not required to preclude a death sentence. Stated differently, if a single juror finds that a defendant has met the burden of proof for mental retardation, the defendant shall not be subject to a death sentence. See State v. Flores, 135 N.M. 759, 93 P.3d 1264, 1271 (2004) (<HOLDING>). As a result of our decision that a unanimous Options: A. holding that unless jury unanimously rejects defendants claim of mental retardation court shall impose life imprisonment B. recognizing that texas courts have adopted the aamr definition of mental retardation providing that mental retardation must manifest before age of 18 years C. recognizing that before the case was submitted to the jury the trial court charged the jury that if it were unable to reach a unanimous recommendation the court would impose a sentence of life imprisonment without the possibility of parole D. recognizing that even a nonunanimous recommendation of death by the jury proved that the jury including the jurors who voted against the recommendation of death had unanimously found the existence of a proffered aggravating circumstance even though the circumstance was not included within the definition of the particular capitalmurder offense charged in the indictment because the trial court had specifically instructed the jury that it could not proceed to a vote on whether to impose the death penalty unless it had already unanimously agreed that an aggravating circumstance existed E. holding that the sentencing procedure was inadequate in failing to allow jury to give mitigating effect to defendants mental retardation and abusive background

assistant: The best answer is A. holding that unless jury unanimously rejects defendants claim of mental retardation court shall impose life imprisonment
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 Term of this Agreement, Mr. Clarkson shall be reimbursed by HCSB for all reasonable business expenses incurred in connection with the performance of his duties hereunder, and all such reimbursements shall be paid in accordance with the reimbursement policies of HCSB in effect from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or what he reasonably perceived to be a hostile work environment. Even assuming, arguendo, that a hostile work environment existed or it was reasonable for Tawwaab to believe there was one, there is no basis for attributing Walsh’s statement to VLS. “To satisfy the first element in a prima facie case of retaliation, [plaintiff] must show sufficient facts to impute the actions of [a customer] to her employer.” Folkerson v. Circus Circus Enters., Inc., 107 F.3d 754, 756 (9th Cir.1997). Liability may be imposed on an employer for the actions of a customer or an employee where (1) “an employer should reasonably anticipate that a plaintiff may become a victim, but fails to take action reasonably calculated to prevent the harassment,” Hylind v. Xerox Corp., 380 F.Supp.2d 705, 717 (D.Md.2005) (<HOLDING>); or (2) an employer “had actual or Options: A. holding an employer liable for the actions of a customer where the employer had knowledge that a male customer had previously harassed female employees other than the plaintiff and should have anticipated that the plaintiff too would become a victim B. holding that an employer cannot be held liable under the ada if it had no knowledge of the employees alleged disability C. holding that murder committed by customer was not foreseeable result of excessive sale of alcohol to customer D. holding that an insurance company may have assumed a duty to defend a customer against a tort claim falling outside the scope of the customers insurance contract where a claims person told the customer over the telephone that the insurer would take care of it and the insurer shortly thereafter hired a lawyer to represent the customer E. holding that the plaintiff had a right of privacy in the contents of a settlement agreement that stated that the plaintiff had sued his employer for failing to hire him because he was a single gay male and because his employer suspected that he had aids

assistant: The best answer is A. holding an employer liable for the actions of a customer where the employer had knowledge that a male customer had previously harassed female employees other than the plaintiff and should have anticipated that the plaintiff too would become a victim
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: Borrowers agree that they shall and shall cause any Liquidator JV and Merchant to, at Borrowers’ expense and upon request of Lender the Lenders , duly execute and deliver, or cause to be duly executed and delivered, to Lender the Lenders such further instruments and do and cause to be done such further acts as may be necessary or proper in the reasonable opinion of Lender the Lenders to carry out more effectually the provisions and purposes of this Agreement or any other Loan Document. Without limiting the foregoing, Borrowers shall take all actions necessary such that (a) any borrower or guarantor under the UK Credit Agreement (including but not limited to GA Asset Advisors) concurrently with its execution of the UK Credit Agreement, and any other Foreign Credit Party concurrently with becoming a Foreign Credit Party, shall execute and deliver to Lender the Lenders such Foreign Security Documents together with a guaranty of the Obligations and any other agreements, legal opinions, documents and instruments as are required by Lender the Lenders each in form and substance satisfactory to Lender the Lenders and (b) the Liens granted to Lender the Lenders pursuant to the Collateral Documents will at all times be fully perfected first priority Liens in and to the Collateral described therein, subject, as to priority, only to Permitted Encumbrances with respect to the Collateral. Without limiting the foregoing, none of the Credit Parties shall, and each of the Credit Parties shall cause their respective Subsidiaries not to, execute the UK Credit Agreement or any agreements, documents and instruments related thereto unless the Subordination Agreement is executed by all parties thereto concurrently therewith.

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: But Defendant’s activities, such as the cutting of trees, plainly caused significant surface disturbance, so he is disqualified from claiming that his operations were exempt from the approval process. See, e.g., id. § 228.4(a)(l)(vi) (stating that exempt operations include those “which will not involve .., the cutting of trees”). Regardless, even if Defendant had been entitled to formal written notice, he had actual notice that his operations were unlawful: Forest Service officials repeatedly told him to stop his activities and gave him specific directives to submit a notice of intent or a plan of operations. Defendant failed to heed those directives despite acknowledging them and stating that he would comply. Cf. United States v. Bichsel, 395 F.3d 1053, 1056 (9th Cir. 2005) (<HOLDING>). 3. Because Defendant had actual notice of the Options: A. holding 57 days notice before deadline to file a complaint under 523 was sufficient notice when creditor had actual notice of filing B. holding that actual notice by mail in conjunction with published notice was best possible notice satisfying rule 23c C. holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice D. holding that notice to supervisor is notice to city E. holding that notice to the attorney of record constitutes notice to the petitioner

assistant: The best answer is C. holding that actual notice fulfills a notice requirement that an applicable federal regulation be conspicuously posted because actual notice is the best notice
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: over KOH’s claims arises independently under article XI, section 7 of the Hawaii Constitution in light of specific provisions therein protecting native Hawaiian rights. Second, Respondent/Appellee-Appellee Board of Land and Natural Resources (BLNR) was required to hold a contested case hearing prior to the issuance of a conservation district use permit (CDUP or permit), as a matter of constitutional due process, because Respondent/ Ap-pellee-Appellee University of Hawaii (UH) had a “property interest” in the CDUP, and the issuance of the CDUP would adversely impact KOH’s ability to engage in native Hawaiian traditional and customary practices as protected by art. XII, § 7 of the Hawaii Constitution. See Pele Defense Fund v. Puna Geothermal Venture, 77 Hawaii 64, 881 P.2d 1210 (1994) (<HOLDING>). Third, jurisdiction arises under the public Options: A. holding that foreign states are not persons entitled to rights under the due process clause B. holding parental rights are constitutionally protected fundamental interest C. holding that constitutional due process protections mandate a hearing where the issuance of a permit implicating an applicants property rights adversely affects the constitutionally protected rights of other interested persons who have followed the agencys rules governing participation in contested cases D. recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights E. holding that a rule which affects only the process of enforcing litigants rights and not the rights themselves does not exceed the constraints of the rules enabling act

assistant: The best answer is C. holding that constitutional due process protections mandate a hearing where the issuance of a permit implicating an applicants property rights adversely affects the constitutionally protected rights of other interested persons who have followed the agencys rules governing participation in contested cases
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Injuries” as a defense and presented expert witnesses who asserted: (1) the collision was one of low impact; and (2) that there was no me (1989) (finding the trial court abused its discretion in excluding the testimony of a neuropsychologist that a motorist’s behavioral changes were caused by either a combination of post-traumatic stress disorder and chronic pain syndrome or an organic affective disorder secondary to a mild brain injury — the appellate court stating the dispositive issue was whether the testimony would supply specialized knowledge that would assist the jury in determining a fact in issue). Finally, we find exclusion of the evidence was not harmless error as there was no equivalent testimony presented to this effect. Cf. Bernard v. Lott, 666 So.2d 702 (La.Ct.App.1995) (<HOLDING>). Accordingly, we hold the trial court erred in Options: A. holding that because the warden and medical treatment director lacked medical expertise they cannot be liable for the medical staffs diagnostic decision not to refer plaintiff to a doctor to treat his shoulder injury B. holding the exclusion of a neuropsychologists opinion regarding whether the plaintiff suffered a brain injury on the basis she was not a medical doctor was harmless error because additional medical experts testified about how the results of the neuropsychologists testing supported a finding of a brain injury C. holding that because the tendered expert witness was a licensed psychologist and not a medical doctor he was not qualified to state an expert medical opinion regarding the cause of johns injury D. holding that experts medical opinion constituted no evidence because it was based upon speculation and surmise rather than reasonable medical probability E. holding that erroneous admission of hearsay medical notes was harmless error when doctor testified and was subject to crossexamination

assistant: The best answer is B. holding the exclusion of a neuropsychologists opinion regarding whether the plaintiff suffered a brain injury on the basis she was not a medical doctor was harmless error because additional medical experts testified about how the results of the neuropsychologists testing supported a finding of a brain injury
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 limitation of any other matters that are stated to survive the expiration or earlier termination of this Sublease or the Prime Lease, Paragraphs 3 (Rent), 4 (Electricity; Utilities), 14 (Brokerage), 24 (Waiver of Jury Trial and Right to Counterclaim), and 26 (Limitation on Liability) of this Sublease will survive the expiration or earlier termination of this Sublease.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1 & 241, 105 S.Ct. 3142; College Sav. Bank, — U.S. —, — —, 119 S.Ct. 2219, 2228-29, — L.Ed.2d — (rejecting Parden’s doctrine of constructive consent because it conflicts' with the longstanding requirement that a waiver of a constitutional right must be unequivocally expressed and “altogether voluntary” (quotation marks and citation omitted)). Although this second method of waiver seems to allow looking beyond the text of a state statute or constitution to a state’s conduct in relation to a federal program in order to find a waiver, KSU contends that Edelman and this court’s decision in Johns restrict our analysis to examining only statutory and constitutional text to find a waiver. See Johns, 57 F.3d at 1553 (reading Edelman as requiring that a state may. waiv 407, 1408 (10th Cir.1997) (<HOLDING>). In spite of these holdings, however, this Options: A. holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court B. holding that the new mexico school district and their governing boards are not arms of the state entitled to eleventh amendment immunity C. holding that state did not waive eleventh amendment immunity by removing case to federal court D. holding that the nyshrl does not waive the new yorks eleventh amendment immunity to suit in federal court E. holding that new mexico did not waive eleventh amendment immunity by engaging in activities and entering contracts subject to federal regulation

assistant: The best answer is E. holding that new mexico did not waive eleventh amendment immunity by engaging in activities and entering contracts subject to federal regulation
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 covenants, agreements, representations and warranties made by the Borrower herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that any Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or been terminated. The provisions of Sections 2.12, 2.13, 2.14 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit or the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of the Partnership commenced on July 31, 2012, the date that the original Certificate was accepted for record by the SDAT in accordance with the Act, and shall continue indefinitely unless the Partnership is dissolved sooner pursuant to the provisions of Article 13 hereof or as otherwise provided by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Its execution and delivery of this Agreement, its performance of the transactions contemplated by this Agreement and the fulfillment of the terms hereof applicable to it will not conflict with, result in any breach of any of the material terms and provisions of, or constitute (with or without notice or lapse of time or both) a material default under, any material indenture, contract, agreement, mortgage, deed of trust or other instrument to which it is a party or by which it or its properties are bound.

assistant: No Conflicts
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 provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof but shall be interpreted as if it were written so as to be enforceable to the maximum extent permitted by applicable law, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereby waive any provision of law which renders any provisions hereof prohibited or unenforceable in any respect.

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: Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; (iii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt. Notice shall be sent to Executive at the address listed on the Company’s personnel records and to the Company at its principal place of business, or such other address as either party may specify in writing.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: contributions must be accurate ( where they state facts ) , be genuinely held ( where they state opinions ) and comply with applicable law in the uk and in any country from which they are posted .

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: decide whether the refusal of NOCO to enter into an “interactive process” alone would foreclose summary judgment. See Cravens v. Blue Cross and Blue Shield, 214 F.3d 1011, 1021 (8th Cir.2000) (citing Fjellestad v. Pizza Hut of America, Inc., 188 F.3d 944, 952 (8th Cir.1999)). In like vein, the plaintiff, and the EEOC as amicus cu/riae, urge us to hold, as have other circuit courts of appeals, that the defendant had not only a duty reasonably to accommodate the plaintiffs disability, but an independent duty to institute and engage in an “interactive process” with the plaintiff to attempt to find a reasonable accommodation the breach of which is itself a violation of the ADA. See Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1111-17 (9th Cir.2000) (in banc) (collecting cases); id. at 1117 (<HOLDING>). The plaintiff did not raise this argument in Options: A. holding that if the employer requests reasonable medical evidence to support an employees claim of changed condition the employer is under no obligation to engage in further interactive processes if the employee fails to submit such evidence B. holding that the interactive process requires both sides to communicate directly and exchange essential information such that the employer may be liable only if the employer is responsible for the breakdown of the interactive process C. holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation D. holding that in a failuretotransfer case if after a full opportunity for discovery the summary judgment record is insufficient to establish the existence of an appropriate position into which the plaintiff could have been transferred summary judgment must be granted in favor of the defendant even if it also appears that the defendant failed to engage in good faith in the interactive process E. holding that in light of the defendants failure to engage in the interactive process liability would be appropriate if reasonable accommodation would otherwise have been possible

assistant: The best answer is E. holding that in light of the defendants failure to engage in the interactive process liability would be appropriate if reasonable accommodation would otherwise have been possible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the establishment of the JSC, but subject to Section 3.5, Incyte shall have the sole right to prepare and approve the Detailing Plan and Global Branding Strategy, including any amendments thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is generally used there for purposes other than to describe offenses that are punishable under its provisions .... Specifically, the term ‘felony’ is primarily used in 21 U.S.C. § 802(13) to trigger statutory sentence enhancement for repeat offenders.” Id, Indeed, there is only one instance under the Controlled Substances Act where the term “felony” is used to describe a punishable offense, see 21 U.S.C. § 843(b) (1999) (making it unlawful to use a communication facility “in committing or causing or facilitating the commission of any act or acts constituting a felony under any provision of this subchapter”), and case law makes clear that only a felony under federal law satisfies the felony element of this offense. See, e.g., United States v. Baggett, 890 F.2d 1095 (10th Cir.1989) (<HOLDING>). We thus find the BIA’s rationale with respect Options: A. holding that defendants conviction for possession of marijuana with intent to distribute which was classified as a misdemeanor under south carolina law was properly deemed a felony for career offender purposes because offense was punishable by up to five years imprisonment B. holding that a defendants conviction for two possession of marijuana counts could not be supported by his possession of two marijuana cigarettes dropped from his hand and again for his possession of several packets of marijuana found in a nearby jacket during the same search C. holding there was no violation of 843b where a telephone was used to obtain possession of marijuana since possession is only a misdemeanor not a felony under 21 usc 844a D. holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession E. holding that jurys failure to find the defendant guilty of possession of marijuana could not be reconciled with a verdict of guilty of possession of marijuana with intent to purchase

assistant: The best answer is C. holding there was no violation of 843b where a telephone was used to obtain possession of marijuana since possession is only a misdemeanor not a felony under 21 usc 844a
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 execution, delivery and performance by Purchasers of this Agreement and the consummation of the transactions contemplated hereby have been duly authorized by all necessary actions, as the case may be, on the part of Purchasers. Purchasers have duly executed and delivered this Agreement and this Agreement constitutes a valid and binding agreement of Purchasers.

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 Borrowers have, and have caused all of their Subsidiaries to maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations (including hazard insurance). Administrative Agent has been named as additional insured in respect of such liability insurance policies, and Administrative Agent has been named as lender loss payee with respect to property loss insurance for all items of 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 case excerpt and choose the best holding from the options. Case excerpt: claim on the March 2012 accident, like the video recording in Jacob, diminishes the credibility of his deposition testimony about the severity of the March 2012 accident. Without additional facts, however, the trial court record does not establish that Mr. Duarte sentiently set in motion an unconscionable scheme to defraud in this case against Snap-on and Mr. Mullins such that it would warrant a dismissal. And without additional evidence demonstrating a knowing fraud on the court in this case, the inconsistencies between his May 2012 examination under oath and his May 2014 deposition are regarded by our decisions as matters of fact and credibility for a jury to resolve, See Jacob, 840 So.2d at 1170; see also Kubel v. San Marco Floor & Wall, Inc., 967 So.2d 1063, 1064 (Fla. 2d DCA 2007) (<HOLDING>). Our decision in Howard, in turn, bears Options: A. holding that evidence that the plaintiffs husband asked the physician to revise a report to eliminate certain facts bearing on the plaintiffs injuries did not justify dismissal because those matters were suited for impeachment at trial B. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered C. holding that the plaintiffs claims arose from a certain contract because the subject matter of the plaintiffs suit was intertwined with requirements referred to in the contract D. holding that rico claims were personal and plaintiffs were therefore entitled to sue on their own because their injuries were distinct from the injuries to creditors in general resulting from the diversion of corporate assets E. holding that rookerfeldman did not bar the plaintiffs federal action where a pennsylvania state court had previously dismissed the plaintiffs petition for review of an agencys decision for failure to comply with the pennsylvania rules of appellate procedure since the extent of the plaintiffs compliance with those rules had no bearing on the merits of the plaintiffs constitutional claims

assistant: The best answer is A. holding that evidence that the plaintiffs husband asked the physician to revise a report to eliminate certain facts bearing on the plaintiffs injuries did not justify dismissal because those matters were suited for impeachment at trial
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 for HCW, there is no broker, finder or other party that is entitled to receive from the Company any brokerage or finder’s fee or other fee or commission as a result of any transactions contemplated by this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you must not ( or assist others to ) access , use , copy , adapt , modify , prepare derivative works based upon , distribute , license , sublicense , transfer , display , perform , or otherwise exploit our services in impermissible or unauthorized manners , or in ways that burden , impair , or harm us , our services , systems , our users , or others , including that you must not directly or through automated means : ( a ) reverse engineer , alter , modify , create derivative works from , decompile , or extract code from our services ; ( b ) send , store , or transmit viruses or other harmful computer code through or onto our services ; ( c ) gain or attempt to gain unauthorized access to our services or systems ; ( d ) interfere with or disrupt the integrity or performance of our services ; ( e ) create accounts for our services through unauthorized or automated means ; ( f ) collect the information of or about our users in any impermissible or unauthorized manner ; ( g ) sell , resell , rent , or charge for our services ; or ( h ) distribute or make our services available over a network where they could be used by multiple devices at the same time .

assistant: None