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: The Borrower and/or its Subsidiaries have disclosed to the Administrative Agent and the Lenders all agreements, instruments and corporate or other restrictions to which the Borrower and any Subsidiary thereof are subject, and all other matters known to them, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. No financial statement, material report, material certificate or other material information furnished (whether in writing or orally) by or on behalf of the Borrower or any Subsidiary thereof to the Administrative Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished), taken together as a whole, contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, pro forma financial information, estimated financial information and other projected or estimated information, such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

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: immunity. See Quern v. Jordan, 440 U.S. 332, 341, 345, 99 S.Ct. 1139, 59 L.Ed.2d 358 (1979). Nonetheless, the Plaintiffs cite Vlandis v. Kline, 412 U.S. 441, 93 S.Ct. 2230, 37 L.Ed.2d 63 (1973), as implicit authority that “students have the right under 42 U.S.C. § 1983 to sue a state university.” The facts of that case do not support the Plaintiffs’ argument here. In Vlandis, a group of University of Connecticut students challenged the university’s tuition classification policy in a suit against the university’s director of admissions — not against the state itself. Id. We therefore ho r, 38 F.3d 505, 508 (10th Cir.1994) (“[U]nder Oklahoma law, the Board of Regents of the University is an arm of the state.... ”); Hartman v. Regents of Univ. of Colo., 22 P.3d 524, 528 (Colo.Ct.App.2000) (<HOLDING>). Moreover, nothing in the record indicates Options: A. holding that the university of colorado is an arm of the state for purposes of sovereign immunity B. holding agencies of state government are part of the state for purposes of sovereign immunity C. holding that a county is not an arm of the state for purposes of the eleventh amendment D. holding that the puc is not an arm of the state and rejecting claim of immunity E. holding a state agency as an arm of the state cannot constitute a person under 1983 because it is a sovereign entity

assistant: The best answer is A. holding that the university of colorado is an arm of the state for purposes of sovereign immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: basis of a single incident, the plaintiff must show the particular illegal course of action was taken pursuant to a decision made by a person with authority to make policy decisions on behalf of the entity being sued. Jenkins v. Wood, 81 F.3d 988, 994 (10th Cir.1996). In their complaint Yanaki and Moss allege that a policy of Kennard that has deprived them of their constitutional rights is shown “by the fact that two Salt Lake County Sheriffs Deputies, one of whom is a Sergeant, were willing to assist in the illegal actions to deprive Moss and Yanaki of their rights.” However, assuming Ken-nard is the “final policymaker” for § 1983 purposes, they fail to allege any conduct by Kennard or by Salt Lake County officials apart from the conduct of Kopp and Herlin. See Melton, 879 F.2d at 724 (<HOLDING>). Neither do they allege that Kennard approved Options: A. holding that municipality may not be held liable under 1983 upon theory of respondeat superior B. holding county cannot be held liable for conduct of elected official constable under 1983 because he is not final policymaker C. holding that a municipality may be held liable as a person under 1983 D. holding that a municipality may only be held liable under 1983 for a policy practice or custom E. recognizing that a municipality may be liable under 1983 if the final policymaker takes the unconstitutional action or when a widespread practice exists

assistant: The best answer is E. recognizing that a municipality may be liable under 1983 if the final policymaker takes the unconstitutional action or when a widespread practice exists
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: Section 4.5 of the Disclosure Schedule contains true and complete copies of (i) the unaudited balance sheet of the Company as of December 31, 2015 and the related unaudited statements of income, stockholders’ equity and cash flows for the two years ended December 31, 2015 and December 31, 2014 (the “ Annual Financial Statements ”) and (ii) the unaudited balance sheet of the Company as of September 30, 2016 and the related statements of income, stockholders’ equity and cash flows for the nine-month period ended September 30, 2016 (the “ Interim Financial Statements ” and, together with the Annual Financial Statements, the “ Financial Statements ”). Except as set forth in Section 4.5 of the Disclosure Schedule , the Financial Statements have been prepared in accordance with accounting principles of Company applied on a consistent basis throughout the periods involved (except as may be indicated in the notes thereto) and, on that basis, fairly present, in all material respects, the financial condition and results of operations of the Company as of the indicated dates and for the indicated periods (subject to normal year-end adjustments and the absence of notes), excepting as set forth in Buyer’s quality of earnings report that has been prepared. Section 4.5 of the Disclosure Schedule indicates the material differences between the Company’s accounting principles and GAAP.

assistant: Financial Statements
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: regarding a single factor are insufficient” to deny “summary judgment unless they tilt the entire balance in favor of such a finding.” Id. (quoting Duluth News-Tribune, 84 F.3d at 1096). Accordingly, the Court applies each factor in turn. (a) Strength “Two relevant measurements of a mark’s strength are its conceptual strength and its commercial strength.” Lovely Skin, 745 F.3d at 888 (citation omitted). “Whether a mark is federally registered does not bear on a mark’s strength or affect the likelihood of confusion analysis.” Id. at 887 (citations omitted). A plaintiff may establish a mark’s strength by “direct evidence,” such as with “consumer surveys or consumer testimony,” and advertising expenses and sales figures must be sufficiently tied to the trademark in question. Id. at 888 (<HOLDING>). Further, “evidence of third party usage of Options: A. holding a district court did not err in its consideration of detailed evidence submitted of the plaintiffs advertising expenditures and revenues over time B. holding district court did not abuse its discretion in not granting plaintiffs leave to amend complaint for a third time C. holding that the district court did not err in dismissing the named plaintiffs claims on summary judgment before reaching the issue of class certification D. holding that trial court did not err E. holding that the district court did not err in determining that inadvertent disclosure did not result in waiver

assistant: The best answer is A. holding a district court did not err in its consideration of detailed evidence submitted of the plaintiffs advertising expenditures and revenues over time
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 provision of this Agreement may be amended, modified, waived or discharged unless such amendment, modification, waiver or discharge is agreed to in writing and signed by the parties hereto. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to wear a helmet). Given this focus, we conclude that public policy, in general and as expressed through statute, does not prevent a motorcycle dealership from limiting its liability for injuries sustained during a test ride. See Moore v. Hartley Motors, Inc., 36 P.3d 628, 632 (Alaska 2001) (concluding that the release plaintiff signed to participate in an ATV safety class was not void for public policy in part because the legislature chose not to regulate ATV course operators in the same way as other industries); Jones, 623 P.2d at 377 (concluding that exculpatory contract the plaintiff signed before participating in a parachute jump was not void for public policy where commercial carrier safety regulations did not apply because it was a commercial flight); Mann, 785 P.2d at 1066 (<HOLDING>). ¶ 14. Plaintiff also contends that case law Options: A. holding that school officials could prevent a student from distributing invitations in a public elementary school a nonpublic forum because the restraint was reasonable B. holding it against public policy for a common carrier to stipulate for exemption of liability in the event its negligence results in injury to its passengers C. holding that diving school did not provide an essential public service D. holding that there were no public policy considerations to prevent a diving school from limiting liability for its own negligence E. holding that the basis of liability is negligence and not injury

assistant: The best answer is D. holding that there were no public policy considerations to prevent a diving school from limiting liability for its own negligence
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 trial court’s conclusion that Charles should be credited for these debts and Karen’s argument to the contrary is an invitation to reweigh the evidence and judge the credibility of witnesses — an invitation we decline. Next, Karen argues that the trial court erroneously valued the marital residence at $72,000 because, although the home was originally appraised at $72,000, the condition of the residence had deteriorated markedly since the appraisal. Karen, however, testified only that she believed that the home was worth “less than that” but neglected to state what she believed the value of the residence to be. Id. at 37. Consequently, Karen may not now complain that the evidence of the home’s value is inaccurate. See Church v. Church, 424 N.E.2d 1078, 1081 (Ind.Ct.App.1981) (<HOLDING>). Inasmuch as the trial court’s valuation of Options: A. holding that a party who fails to provide sufficient evidence at trial cannot object to the resulting determination on the basis of inadequate evidence B. holding that if the market value of an asset can be ascertained the decree should account for the change in value between the date of the decree and the timely execution of the distribution plan in the decree the distribution based on value at the distribution date C. holding that the objective of maintaining the marital residence for the best interest of the minor children is properly accomplished not by granting exclusive ownership of the home to the wife but by granting the wife exclusive use and possession of the marital residence during the minority of the children D. holding that a party who fails to introduce evidence of the specific value of the marital residence is estopped from appealing the distribution based on that absence of evidence E. holding invited error doctrine bars appellant from appealing the admission of evidence where appellant invited the error by being the first to introduce the evidence thus injecting the issue into tjie case

assistant: The best answer is D. holding that a party who fails to introduce evidence of the specific value of the marital residence is estopped from appealing the distribution based on that absence of evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties each represent and warrant that no promise or inducement has been offered or made except as herein set forth and that the consideration stated herein is the sole consideration for this Agreement. This Agreement is a complete and entire agreement and states fully all agreements, understandings, promises and commitments as between the Affiliated Entities and Director and as to the retirement of Director and the termination of his service as a director; this Agreement supersedes and cancels any and all other negotiations, understandings and agreements, oral or written, respecting the subject matter hereof, except as otherwise set forth in this Agreement. This Agreement may not be modified except by an instrument in writing signed by the party against whom the enforcement of any waiver, change, modification or discharge is sought.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Party hereto shall further execute and deliver all such other appropriate supplemental agreements and other instruments and take such other action as may be necessary to make this Agreement fully and legally effective, binding and enforceable as between the Parties and as against third parties, or as the other Parties may reasonably request.

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 legal provision and list the applicable contract clause categories. Provision: Except as otherwise explicitly specified to the contrary, (a) references to a section, exhibit, Appendix or Schedule means a Section of, or Schedule or exhibit or Appendix to this Agreement, unless another agreement is specified, (b) the word “including” (in its various forms) means “including without limitation,” (c) the words “will” and “shall” have the same meaning, (d) references to a particular statute or regulation include all rules and regulations thereunder and any predecessor or successor statute, rules or regulation, in each case as amended or otherwise modified from time to time, (e) words in the singular or plural form include the plural and singular form, respectively, (f) references to a particular Person include such Person’s successors and assigns to the extent not prohibited by this Agreement, (g) unless otherwise specified, “$” is in reference to United States dollars, and (h) the headings contained in this Agreement, in any exhibit or Appendix or Schedule to this Agreement are for convenience only and will not in any way affect the construction of or be taken into consideration in interpreting this Agreement.

assistant: Interpretations
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: Bank hereby waives Borrower’s compliance with Section 6.9(c) of the Loan and Security Agreement for the period ended September 30, 2017. Bank does not waive Borrowers’ obligations under such section after the date hereof and as amended hereby, and Bank does not waive any other failure by Borrowers to perform its Obligations under the Loan Documents.

assistant: Waivers
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 need to file a notice of appeal until 150 days from the date it was entered on that court’s docket sheet. Fed.R.Civ.P. 58(b)(2)(B); Fed. R.App. P. 4(a)(7)(A)(ii). Accordingly, rather than the normal 30 days, appellants have 180 days from the date the court’s decision is entered on the docket to file a timely notice of appeal. See Fed. R.App. P. 4(a)(7)(A)(ii) (judgment deemed entered 150 days after entry in the civil docket); Fed. R.App. P. 4(a)(1) (notice of appeal required to be filed 30 days after entry). This is exactly such a case. The BAP issued a single, six-page “Order and Judgment,” reflecting a detailed recitation of the facts, its legal reasoning, as well as its judgment, and counsel stipulated at oral argument that no other, separate document ex (10th Cir.2002) (<HOLDING>). The purpose behind the adoption of the Options: A. holding that a district courts summary judgment order did not meet rule 58s requirements because it was fifteen pages long and it contained detailed legal analysis and reasoning B. holding that a threepage memorandum opinion order containing the district courts reasoning and case citations failed to comply with the separate document requirement C. holding that the trial courts written order was not the entry of a sentence sufficient to support a determination that a judgment of conviction was entered D. holding that a summary judgment order containing a single sentence adopting the report of a magistrate met the separate judgment rule and did not require that two documents be used instead of one E. holding that a district courts combined order and judgment did not satisfy the rule on account of being fifteen pages long and containing detailed legal analysis along with citations in addition to providing for entry of judgment

assistant: The best answer is E. holding that a district courts combined order and judgment did not satisfy the rule on account of being fifteen pages long and containing detailed legal analysis along with citations in addition to providing for entry of judgment
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: claims, which were addressed by the appellate courts. Arguably, because he raised these claims, all additional claims of ineffective assistance of counsel are waived. The Court, will, however, address the claims raised in the petition. (emphasis added). Finally, turning to the relevant claim, the Court of Criminal Appeals stated: Frazier fails to attach to his Rule 32 petition any of the alleged documentation he contends was readily available to establish these claims, nor does he identify the source of this alleged evidence. Frazier also fails to proffer in his Rule 32 petition the names of any witnesses that he contends could have been called to testify or proffer to the Court what their testimony would have been. See Thomas v. State, 766 So.2d [860] at 893 [(Ala.Crim.App.1998)] (<HOLDING>). These claims are summarily dismissed because Options: A. holding that where larzelere claimed that trial counsel was ineffective for failing to call a concrete expert defendant failed to prove prejudice because she failed to show what a concrete expert would have testified to or how testimony would have cast doubt on her guilt B. holding that the failure to call certain witnesses was not ineffective assistance because witnesses already presented similar evidence and counsel is not required to present cumulative evidence C. holdingthat a defendant could not show prejudice based on his trial counsels alleged failure to thoroughly investigate the case and call potential witnesses because he made no proffer as to what additional investigation would have uncovered or what the witnesses would have said if they had testified D. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial E. holding that a claim of failure to call witnesses is deficient of sic it does not show what the witnesses would have testified to and how that testimony might have chanted sic the outcome

assistant: The best answer is E. holding that a claim of failure to call witnesses is deficient of sic it does not show what the witnesses would have testified to and how that testimony might have chanted sic the outcome
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 the Lien granted to Collateral Trustee pursuant to this Agreement or under any other Parity Lien Document and other Permitted Liens (including those arising under an ABL Facility), such Grantor owns each item of the Collateral free and clear of any and all Liens. Such Grantor (a) is the record and beneficial owner of the Collateral pledged by it hereunder constituting instruments or certificates and (b) has rights in or the power to transfer each other item of Collateral in which a Lien is granted by it hereunder, free and clear of any other Lien (other than Permitted Liens).

assistant: Titles
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: Inc., 464 F.Supp.2d 882, 885 (E.D.Mo.2006); see also, e.g., Klutho v. Shenandoah Valley Nat’l Bank, 2007 WL 1527074, at *2-3 (E.D.Mo. May 22, 2007). These cases essentially consider whether “a reasonable person viewing [the] mailers would believe that they contain some value.” Klutho, 2007 WL 1527074, at *3. The Court rejects Plaintiffs argument that the mailing in question here cannot qualify as a “firm offer of credit” because it does not specify the amount of credit offered, the amortization period, and the method of computing interest. Congress did not require that such terms be included in the written mailing, and their absence does not preclude the mailing here from being a firm offer of credit. See Forrest v. J.P. Morgan Chase Bank, 2007 WL 4454123, at *15, 18-19 (Dee. 10, 2007) (<HOLDING>); Poehl, 464 F.Supp.2d at 886 (the absence of Options: A. holding that a mailing which stated because of your excellent credit you have been preapproved for a home loan up to 100 of the value of your home was a firm offer of credit B. holding in the context of a fcra violation that a jury could find that a consumers credit score was negatively influenced by the failure to list a debt as disputed because evidence was presented that when a credit reporting agency received notice of a dispute it records the dispute in the credit report and does not include the derogatory information in assessing the credit score C. holding that the fcras provision that a lender may only use and obtain consumer credit information for the purpose of making a firm offer of credit requires that the lender offer something of value as an extension of credit alone D. holding that a firm offer under the fcra really means a firm offer if you meet certain criteria E. holding that because the fcra does not require the disclosure in a firm offer of credit of amount of credit and interest rates courts should not imply such additional disclosure requirements explaining that the import of cole was that a firm offer of credit must have economic value rather than which terms must be included

assistant: The best answer is E. holding that because the fcra does not require the disclosure in a firm offer of credit of amount of credit and interest rates courts should not imply such additional disclosure requirements explaining that the import of cole was that a firm offer of credit must have economic value rather than which terms must be included
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 anything herein to the contrary, to the extent, and solely to the extent, Landlord secures and receives liquidated damages from the General Contractor under the Construction Contract directly related to a delay in the Substantial Completion of a Building, Landlord agrees to provide Tenant with that portion of any such liquidated damages received by Landlord which exceeds the costs, expenses or damages (actual, consequential or otherwise) incurred by Landlord as a result of such delay.

assistant: Miscellaneous
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: no lawful basis for the deputies to have stopped and detained Mr. .Battle,, and the shotgun and white powder would have to be suppressed as the product of an illegal search. See Musallam v. State, 133 So.3d 568, 569 (Fla. 2d DCA 2014) (citing Wong Sun v. United States, 371 U.S. 471, 488, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963)). But the occurrence and observation of the parked vehicle in the wrong direction of traffic was never a disputed fact in the suppression hearing. Both deputies testified, without contradiction, that the car was parked’on the wrong side of the road. And Mr. Battle specifically conceded within his motion’s “general statement of the facts on which the motion is based,” that the car had been illegally parked. See Cartwright v. State, 920 So.2d 71, 74 (Fla. 3d DCA 2006) (<HOLDING>). To be sure, in the hierarchy of public Options: A. holding that argument was not preserved where defendant did not file a pretrial motion to suppress and did not object or make a motion to exclude the evidence until his motion to dismiss at the close of all of the evidence B. holding that similar agreement allowed the defendant to appeal the denial of his motion to suppress C. holding that testimony given by a defendant in support of a motion to suppress cannot be admitted as evidence of his guilt at trial D. holding the court has the inherent authority to enter an order of confidentiality E. holding that where defendant conceded in his motion to suppress that an individual owned an apartment building the state did not have to then provethat individuals authority to grant permission to enter the buildings common area

assistant: The best answer is E. holding that where defendant conceded in his motion to suppress that an individual owned an apartment building the state did not have to then provethat individuals authority to grant permission to enter the buildings common area
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 notices and communications that are required or permitted to be given under this Agreement shall be in writing and shall be sufficient in all respects if given and delivered in person, by electronic mail, by facsimile, by overnight courier, or by certified mail, postage prepaid, return receipt requested, to the receiving party at such party’s address shown in the signature blocks below or to such other address as such party may have given to the other by notice pursuant to this Paragraph. Notice shall be deemed given (i) on the date of delivery in the case of personal delivery, electronic mail or facsimile, or (ii) on the delivery or refusal date as specified on the return receipt in the case of certified mail or on the tracking report in the case of overnight courier.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to this Release agree to and will cooperate fully with each other in the performance of this Release and will execute such additional agreements, documents or other instruments as Bigfoot reasonably be required to carry out the intent of this Release. This Release includes an obligation of good faith in its performance, construction and interpretation.

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 legal provision and list the applicable contract clause categories. Provision: The incentives and High Volume Pricing Qualifications set forth in this Section 1 cannot be transferred or assigned by MONI, in whole or in part, in connection with the sale of MONI’s assets, or the consolidation or merger of MONI with or into a third party, except that they will continue to be in full force and effect for the identifiable account creation activities and […***…] of MONI […***…] after any such transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: view that surprise in litigation is something to be avoided. Such a rule also gives an undeserved windfall to the complainant as a reward for not acknowledging that reversible error has been made. I believe that the majority has erred by affirming the relief granted by the court of appeals but refusing to address the merits of the State’s claim. Today, we have either abdicated our responsibility to answer an important but unsettled question of state law or we have created a legal fiction by granting relief on the basis that Appellant preserved a claim that our case law tells us need not be preserved. Therefore, I respectfully dissent from the Court’s resolution of this case. 1 . See Lee, 115 S.W. at 322 (citing City of Dallas v. Peacock, 89 Tex. 58, 60-63, 33 S.W. 220, 220-22 (1895) (<HOLDING>)). 2 . My research has revealed no historical Options: A. holding that a federal court may refuse to exercise continuing jurisdiction even though the parties have agreed to it parties cannot confer jurisdiction by stipulation or consent B. holding that parties may consent to jurisdiction on noncore matters C. recognizing the right to waive a jury trial D. holding that parties to a suit cannot waive a judges disqualification but not equating inability to consent to a loss of jurisdiction E. holding that lack of jurisdiction cannot be cured by consent

assistant: The best answer is D. holding that parties to a suit cannot waive a judges disqualification but not equating inability to consent to a loss of jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the amendment to the Restricted Stock Agreements, contains the entire agreement and understanding between the parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: or other supporting evidence with the motion to reopen. See 8 C.F.R. § 1003.2(c)(1). The BIA finding that he had not satisfied any. However, even construing broadly Liu’s pro se brief, see Triestman v. Fed. Bureau of Prisons, 470 F.3d 471, 474 (2d Cir.2006), we cannot find that Liu has challenged the BIA’s findings before this Court. Accordingly, we deem any argument based on ineffective assistance of counsel waived. See Yueqing Zhang v. Gonzales, 426 F.3d 540, 541 n. 1, 545 n. 7 (2d Cir.2005). Furthermore, because each of these findings is an independent ground upon which the BIA may deny a motion to reopen, the waiver of arguments challeng ing these findings is dispositive of Liu’s petition for review. See Jian Yun Zheng v. U.S. Dep’t of Justice, 409 F.3d 43, 46 (2d Cir.2005) (<HOLDING>); see also 8 C.F.R. § 1003.2(c)(1) (requiring Options: A. recognizing that while slavish adherence to matter of lozada is not required when an alien does not comply with those requirements in any respect the ineffective assistance of counsel claim is forfeited B. holding that failing to substantially comply with the matter of lozada requirements in a motion to reopen before the bia forfeits an ineffective assistance claim in this court C. holding that the petitioner was not entitled to claim ineffective assistance because she did not comply with the lozada requirements and made no effort to explain her lack of compliance D. holding that the petitioners failure to raise his ineffective assistance of counsel claim before the bia deprived the district court of jurisdiction to hear the issue E. holding that the petitioners failure to comply with the lozada requirements results in a forfei ture of his ineffectiveassistanceofcounsel claim

assistant: The best answer is B. holding that failing to substantially comply with the matter of lozada requirements in a motion to reopen before the bia forfeits an ineffective assistance claim in this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Any and all payments made by or on behalf of each Borrower under this Agreement or any other Loan Document shall be made free and clear of, and without deduction or withholding for or on account of, any present or future income, stamp or other taxes, levies, imposts, duties, charges, fees, deductions or withholdings, now or hereafter imposed, levied, collected, withheld or assessed by any Governmental Authority, excluding Excluded Taxes (all such taxes, levies, imposts, duties, charges, fees, deductions or withholdings other than Excluded Taxes, “ Non-Excluded Taxes ”). If any Non-Excluded Taxes or Other Taxes are required to be withheld or deducted from any amounts payable to the Administrative Agent or any Lender under any Loan Document, as determined in good faith by the applicable withholding agent, the amounts so payable by the applicable Borrower to the Administrative Agent or such Lender shall be increased to the extent necessary (after payment of all such Non-Excluded Taxes and Other Taxes) so that the Lender receives an amount equal to the sum it would have received had no such deduction or withholding been made. Whenever any such Non-Excluded Taxes or Other Taxes are payable by any Borrower pursuant to applicable law, thereafter such Borrower shall send to the Administrative Agent for its own account or for the account of such Lender but in any event no later than thirty days following the date on which such Borrower pays any Non-Excluded Taxes or Other Taxes to the Mexican tax authority, as the case may be, the original official report or return, the electronic document obtained after the payment of the withholding tax or the withholding certificate, received by such Borrower showing payment thereof and all other additional information and documents that the Administrative Agent or such Lender shall reasonably request related to such payment. If any Borrower fails to pay any such Non-Excluded Taxes or Other Taxes when due to the appropriate taxing authority or fails to remit to the Administrative Agent the required receipts or other required documentary evidence, such Borrower shall indemnify the Administrative Agent and each Lender within ten days after written demand thereof for any incremental taxes, interest or penalties that may become payable by the Administrative Agent or such Lender as a result of any such failure. Each Borrower shall jointly and severally indemnify the Administrative Agent and each Lender for any Non-Excluded Taxes or Other Taxes that are payable or paid by the Administrative Agent or such Lender and any incremental taxes, interest or penalties with respect thereto; provided, however, that in no event shall the Mexican Borrower be required to indemnify the Administrative Agent or any Lender for withholding Taxes payable on payments made by the US Borrower under any Loan Document.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement of the parties hereto and supersedes in their entirety all prior representations, understandings, undertakings or agreements (whether oral or written and whether expressed or implied) of the parties with respect to the subject matter hereof, including, but not limited to the Executive’s Prior Agreement, and any rights to extended post-termination exercise period, severance and/or change of control benefits set forth in Executive’s offer letter dated August 4, 2015. No waiver, alteration, or modification of any of the provisions of this Agreement will be binding unless in writing and signed by duly authorized representatives of the parties hereto and which specifically mention this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Alaska consumer fraud act); Colo.Rev.Stat. Ann. § 6-l-113(2)(a) (the court may award three times the actual damages, or $500, whichever is greater, if it is proven that the defendant engaged in bad faith conduct); Quist v. Specialties Supply Co., Inc., 12 P.3d 863, 867 (Colo.Ct.App.2000) (where the court held plaintiff was precluded under principles of collateral estoppel from challenging the amount of actual damages fixed by the judgment, but holding that collateral estoppel did not preclude plaintiff from pursuing enhanced punitive damages); Ohio Rev. Code Ann. 1345.09(B)(the injured party may seek and the trial court in its discretion may rescind the contract or award treble the actual damages or $200, whichever is greater); Crye v. Smolak, 110 Ohio App.3d 504, 674 N.E. 2d 779 (1996)(<HOLDING>). Connecticut, Delaware and Kentucky make no Options: A. holding that treble damages are appropriate under ohio law when the seller engages in an unconscionable practice or deceptive act B. holding treble damages under the civil theft statute are punitive C. holding that a plaintiff may receive both treble damages under rico and state law punitive damages for the same course of conduct D. recognizing that an award of treble damages for an antitrust violation and punitive damages for common law tortious interference with business relations based on same conduct would be duplicative holding that punitive and treble damages cannot both be awarded and indicating that a special jury verdict in this situation would be appropriate E. holding that treble damages under the housing and rent act are remedial in nature

assistant: The best answer is A. holding that treble damages are appropriate under ohio law when the seller engages in an unconscionable practice or deceptive 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: No failure to exercise and no delay in exercising, on the part of any Agent or any Lender, any right, remedy, power or privilege hereunder or under the other Loan Documents or the Brazilian Intercreditor Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

assistant: No Waivers
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: Borrower and each Lender hereby acknowledges and agrees that the Administrative Agent and/or its Affiliates from time to time may hold investments in, make other loans to or have other relationships with Borrower and its Affiliates.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Accrued interest under this Note shall be due and payable in arrears on the last day of each Interest Period. The principal balance outstanding hereunder, together with all accrued interest and other amounts payable hereunder, if not sooner paid as provided herein, shall be due and payable on June 30, 2016.

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: part and deferred in part. Discussion I. The Court Has Jurisdiction Over Plaintiffs Claims. 28 U.S.C. § 1581(i)(3) provides that this Court “shall have exclusive jurisdiction of any civil action commenced against the United States, its agencies, or its officers, that arises out of any law of the United States providing for—... (3) embargoes or other quantitative restrictions on the importation of merchandise for reasons other than the protection of the public health or safety[.]” The Court of Appeals for the Federal Circuit and this Court have repeatedly held that challenges to CITA’s actions may properly trigger § 1581(i) jurisdiction in certain circumstances. See Am. Ass’n of Exps. & Imps.-Textile & Apparel Group v. United States, 751 F.2d 1239, 1244-46 (Fed.Cir.1985) (“AAEI-TAG II”) (<HOLDING>); Fieldston Clothes, Inc. v. United States, 19 Options: A. holding that district court had jurisdiction to consider claims under the all writs act B. holding that juvenile court has no jurisdiction to consider constitutional claims C. holding that this court has jurisdiction pursuant to 1581 i to consider claims involving citas administration of quotas D. holding that this court has jurisdiction to hear interlocutory appeals in cases involving a sentence of life imprisonment or death E. holding that this court can consider claims not specifically excluded by a coa

assistant: The best answer is C. holding that this court has jurisdiction pursuant to 1581 i to consider claims involving citas administration of quotas
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 us after a full jury trial and not after summary judgment. Defendant had ample opportunity to support its position that Chandler was fired for taking a drug overdose, and not for taking leave. The jury concluded otherwise. We see nothing in the record that would permit us simply to assume the jury made a legally infirm factual inference. Therefore, we decline to find Maddox persuasive. In Brohm, the plaintiff suffered from sleep apnea and was fired from his position as an anesthesiologist for sleeping on the job. Unlike the present case, the plaintiff in Brohm never requested FMLA-qualifying medical leave, and it was on that basis that summary judgment was entered for the defendant. 149 F.3d at 523. Finally, we refuse to accord any persuasive value to Doe. See 1999 WL 50860 at 2 (<HOLDING>). That case went unreported in the Ninth Options: A. holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla B. holding that a superi or court judge who fired his bailiff for taking leave for cocaine addiction had fired him for illegal conduct and not for taking leave C. holding that accused was not in custody when told he was not under arrest and was free to leave and did in fact freely leave the interview D. holding that taking an individual who was not suspected of any crime to a police station and into an interview room and detaining her for approximately four hours where it was made clear she was not free to leave violated the fourth amendment E. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave

assistant: The best answer is B. holding that a superi or court judge who fired his bailiff for taking leave for cocaine addiction had fired him for illegal conduct and not for taking leave
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: Solely in connection with the repayment of Tranche B-1 Term Loans on the First Amendment Effective Date, the Administrative Agent and the Tranche B-1 Term Loan Lenders delivering an executed counterpart of this Amendment hereby waive any required notice of prepayment of Tranche B-1 Term Loans pursuant to the Existing Credit Agreement. Each Tranche B-1 Term Loan Lender delivering an executed counterpart of this Amendment hereby irrevocably waives its right to receive any payments in respect of any Breakage Event or otherwise related to breakage costs that occurs as a result of its Tranche B-1 Term Loans being repaid or converted on the First Amendment Effective Date and not on the last day of the Interest Period applicable thereto.

assistant: Waivers