flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents (other than as expressly set forth in any such other Loan Documents) and any claim, controversy or dispute arising under or related to this Agreement and the other Loan Documents (other than as expressly set forth in any such other Loan Documents), whether in tort, contract (at law or in equity) or otherwise, shall be governed by, and construed in accordance with, the laws of the State of New York.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [I]t has long been settled that when a trustee in breach of his fiduciary duty to the beneficiaries transfers trust property to a third person, the third person takes the property subject to the trust, unless he has purchased the property for value and without notice of the fiduciary’s breach of duty. Harris Trust & Sav. Bank v. Salomon Smith Barney, Inc., 530 U.S. 238, 250, 120 S.Ct. 2180, 147 L.Ed.2d 187 (2000) (applying common-law principles in the interpretation of the Employee Retirement Income Security Act of 1974) (citations omitted). See also, e.g., Cardwell v. Cheatham, 39 Tenn. (2 Head.) 14 (1858) (stating that a bona fide purchaser for value without notice of a breach of trust takes free of the trust) (citations omitted); Covington v. Anderson, 84 Tenn. (16 Lea) 310 (1886) (<HOLDING>). On the facts presented, which indicate that Options: A. holding that trust beneficiaries have no authority to maintain an action as third party beneficiaries of contracts between the trustee and agents of the trustee concerning the internal affairs of the trust B. holding that a constructive trust had arisen on a third partys house due to her use of trust assets which had been diverted by the paca trustee to pay the mortgage and finding that the trust beneficiary plaintiffs are entitled to a lien on the property in the amount of the diverted funds C. holding that a trustee properly withheld trust payments owed to a prior trustee who had misappropriated trust funds D. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust E. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust

assistant: The best answer is D. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust
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 shall continue in force for a period of one year from the Effective Date and may be renewed for an unlimited number of successive one-year terms upon mutual consent of the parties. The Company (acting through the Independent Directors) will evaluate the performance of the Adviser annually before renewing this Agreement, and each such renewal shall be for a term of no more than one year. Any such renewal must be approved by the Independent Directors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: an employee at the Storage Deluxe warehouse that was robbed on October 7, 2007, explicitly testified that he recognized the pictures of Ballard and his co-defendant from the robbery itself: Q: And what does your signature represent on 22 and 23? A: The people who looked familiar to me. Q: Familiar in what way, sir? A: Familiar to the people who robbed me at the store. Finally, even if it was error to admit identification evidence based on the photo arrays, the error was in all likelihood harmless due to the number of other eyewitnesses who identified Ballard in court. In other words, the Government’s case did not rely solely on Altragracia or the other witnesses who identified Ballard after viewing the photo arrays. See United States v. Garcia, 413 F.3d 201, 217 (2d Cir.2005) (<HOLDING>). We therefore conclude that there is no merit Options: A. holding that erroneous admission of evidence was harmless where it had no substantial and injurious effect or influence on the jury verdict judged in relation to the total evidence on the issue in question internal quotation marks omitted B. holding that an erroneous decision to exclude evidence is considered harmless unless the error had a substantial influence on the outcome or leaves this court in grave doubt as to whether it had such an effect C. holding with respect to a general motion for directed verdict that it raised the question as to the sufficiency of the evidence on venue an essential part of the governments case internal quotation marks and citation omitted D. holding that a substantial right is affected when the error had a substantial and injurious effect or influence in determining the jurys verdict E. holding that nonconstitutional error is harmless if it did not have substantial and injurious effect or influence in determining the jurys verdict

assistant: The best answer is A. holding that erroneous admission of evidence was harmless where it had no substantial and injurious effect or influence on the jury verdict judged in relation to the total evidence on the issue in question internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original, and all of which taken together shall constitute one and the same instrument. This Agreement may be executed by electronic signature with original signatures to follow.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and any amendments, waivers, consents or supplements hereto may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or in electronic (i.e., "pdf" or "tif") format shall be effective as delivery of a manually executed counterpart of this Agreement. This Agreement and the other Transaction Documents constitute the entire contract among the parties with respect to the subject matter hereof and supersede all previous agreements and understandings, oral or written, with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Based on the presumption that an owner is familiar with his property and its value, the Property Owner Rule is an exception to the requirement that a witness must otherwise establish his qualifications to express an opinion on land values. Under the Rule, an owner’s valuation testimony fulfills the same role that expert testimony does. See, e.g., Harris Cnty. Appraisal Dist. v. Riverway Holdings, L.P., No. 14-09-00786-CV, 2011 WL 529466, at *5, 2011 Tex.App. LEXIS 1047, at *13 (Tex.App.-Houston.[14th Dist.] Feb. 15, 2011, pet. denied) (observing that the Property Owner Rule “treats valuation testimony from a property owner as the functional equivalent of expert valuation testimony insofar as the owner’s own property is concerned”); cf. Fed.R.Evid. 702 advisory committee’s note (<HOLDING>). Like expert testimony, landowner valuation Options: A. holding that the prosecution could not retain as a testifying expert for trial a nontestifying expert the defendant had previously retained B. holding that public policy militates against a judge testifying as an expert witness for one of the parties C. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial D. holding any error in admitting testimony of expert witness was harmless because it was cumulative of same testimony given by six other expert witnesses who testified at trial E. holding that expert testimony rule includes skilled witnesses such as landowners testifying to land values

assistant: The best answer is E. holding that expert testimony rule includes skilled witnesses such as landowners testifying to land values
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: Such Seller is the record and beneficial owner of the outstanding Shares set forth opposite such Seller’s name on Annex I hereto, and such Seller has good and marketable title to such Shares, free and clear of all liens and encumbrances. Such Seller has full right, power and authority to transfer and deliver to Buyer valid title to the Shares held by such Seller free and clear of all liens and encumbrances other than as may be imposed on Buyer. Immediately following the closing, Buyer will be the record and beneficial owner of such Shares, and have good and marketable title to such Shares free and clear of all liens and encumbrances except as are imposed by Buyer. Except pursuant to this Agreement, there is no contractual obligation pursuant to which such Seller has, directly or indirectly, granted any option, warrant or other right to any Person to acquire any equity interests in the Company. Such Seller is not a party to, and is not subject to, any shareholders agreement, voting agreement, voting trust, proxy or other contractual obligation relating to the transfer of voting of such equity interests.

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 legal provision and list the applicable contract clause categories. Provision: There are no consents necessary or required from any third Parties, including, but not limited to, governmental or other regulatory agencies, federal, state or municipal, required to be received by or on the part of the Seller for the execution and delivery of this Agreement and the performance of their respective obligations hereunder. If required the Seller shall file a Form 4 and Schedule 13D amendment immediately upon Closing.

assistant: Consents
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 to this Agreement agrees to execute, acknowledge, deliver, file and record such further certificates, amendments, instruments and documents, and to do all such other acts and things, as may be required by law or as, in the reasonable judgment of the Class A Member or the Managing Member may be necessary or advisable to carry out the intent and purpose of this Agreement.

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: If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

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: Each Loan Party and each Subsidiary has filed all federal and other material Tax returns and reports to be filed, and has paid all federal and other material Taxes, assessments, fees and other governmental charges, levied or imposed upon it or its properties, income or assets otherwise due and payable, except those which are being contested in good faith by appropriate proceedings and for which adequate reserves have been provided in accordance with GAAP. There is no proposed Tax assessment against any Loan Party or Subsidiary that would, if made, have a Material Adverse Effect on the Loan Parties, taken as a whole.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Docket Nos. 54, 58, & 61.) Under Puerto Rico law, “the consent of the contracting parties is an essential element of a contract.” P.R. Laws Ann., tit. 31, § 3391. “ ‘Consent is shown by the concurrence of the offer and acceptance of the thing and the cause which are to constitute the contract.’ ” Marrero-Garcia v. Irizarry, 33 F.3d 117, 122 (1st Cir.1994) (citing P.R. Laws Ann. tit. 31, § 3401). Additionally, there must be a “meeting of the minds as to the terms agreed upon.” K-Mart Corp. v. Davis, 756 F.Supp. 62, 66 (D.P.R.1991) (finding that the parties did not reach a final contract because the text of the agreement evidenced the defendant’s intent not to be bound until the parties had finalized negotiations); see also Soc. de Gananciales v. Velez & Asoc., 145 D.P.R. 508, 517 (1998) (<HOLDING>). Plaintiffs’ primary argument in response to Options: A. holding that the one thing without which a contract cannot be made is the assent of the parties to the agreement the meeting of the minds upon a definite proposition B. recognizing that an implied contract must result from a meeting of the minds of the parties in mutual assent to the terms and must be based upon a sufficient consideration free from fraud or undue influence not against public policy and sufficiently definite to be enforced C. holding that a valid contract requires a meeting of minds that gave rise to an obligation situation or state of law resulting from an agreement and that created certain expectations on the basis of which the parties acted D. recognizing that the duty arises not from the terms of the insurance contract but from an obligation imposed in law as a result of the special relationship E. holding that contract between parties not law of negligence gave rise to duty and accordingly provided exclusive source of remedy

assistant: The best answer is C. holding that a valid contract requires a meeting of minds that gave rise to an obligation situation or state of law resulting from an agreement and that created certain expectations on the basis of which the parties acted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the severance payments and other benefits described in Section 4.3.2 and Section 4.3.4, to which severance payments and benefits Executive would not otherwise be entitled, and as a precondition to Executive becoming entitled to such severance payments and other benefits under this Agreement, Executive agrees to execute and deliver to the Employer on or before the sixtieth (60 th ) day after the applicable Termination Date a waiver and general release of claims in favor of the Company and each of the QTS Companies, their respective predecessors and successors, and all of the respective current or former directors, officers, employees, shareholders, partners, members, agents or representatives of any of the foregoing, in a form reasonably satisfactory to the Employer, that has become effective in accordance with its terms, and for which any revocation periods applicable to such release shall have expired on or prior to the sixtieth (60 th ) day following Executive’s Termination Date. If Executive fails to execute and deliver such release agreement on or before the sixtieth (60 th ) day following the applicable Termination Date, if any revocation period applicable to such release has not expired on or before the sixtieth (60 th ) day following Executive’s Termination Date or if Executive revokes such release as provided therein, the Employer shall have no obligation to provide any of the severance payments and other benefits described in Section 4.3.2 or Section 4.3.4 other than any Accrued Obligations.

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: is, “ordering that a State release the prisoner or else correct the constitutional error through a new hearing”); Herrera v. Collins, 506 U.S. 390, 403, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993) (“The typical relief granted in federal habeas corpus is a conditional order of release unless the State elects to retry the successful habeas petitioner, or in a capital case a similar conditional order vacating the death sentence.”); Hilton v. Braunskill, 481 U.S. 770, 775, 107 S.Ct. 2113, 95 L.Ed.2d 724 (1987) (“[T]his Court has repeatedly stated that federal courts may delay the release of a successful habeas petitioner in order to provide the State an opportunity to correct the constitutional violation found by the court.”); In re Bonner, 151 U.S. 242, 259-60, 14 S.Ct. 323, 38 L.Ed. 149 (1894) (<HOLDING>). Such “[conditional orders are essentially Options: A. holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted B. recognizing for the first time that the habeas court had the power to retain the petitioner in conditional custody before granting relief C. holding that a habeas petitioner must be in custody under the conviction or sentence under attack at the time his petition is filed D. recognizing that federal habeas statutes require petitioner to be in custody when petition filed E. holding that the trial court had jurisdiction to grant rule 37 relief where petitioner herred was in custody at the time the court ruled on his motion

assistant: The best answer is B. recognizing for the first time that the habeas court had the power to retain the petitioner in conditional custody before granting relief
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, the Executive shall be paid an annualized base salary of $475,000.00, subject to increase at any time during the Term and at the commencement of the renewal term (if any), if so determined by the Compensation Committee of the Board (the “ Compensation Committee ”), it being acknowledged by the Executive that the Compensation Committee shall have the authority, but not the obligation, to increase the Executive’s base salary, however the Compensation Committee shall not decrease the Executive’s base salary without the Executive’s consent. The Executive’s base salary, as may be increased in accordance with this Section 6(a), is hereafter referred to as “ Base Salary ”. The Base Salary shall be paid in equal installments pursuant to the Company’s customary payroll policies and procedures in force at the time of payment, but in no event less frequently than monthly.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice under or pursuant to this Agreement shall be a signed writing or other authenticated record (within the meaning of Article 9 of the Code). Any notices under or pursuant to this Agreement shall be deemed duly received and effective if delivered in hand to any officer or agent of the Borrower or Bank, or if mailed by registered or certified mail, return receipt requested, addressed to the Borrower or Bank at the address set forth in this Agreement or as any party may from time to time designate by written notice to the other party.

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: standard in setting the amount of permanent spousal support. He contends that the trial court in setting the amount of spousal support used the standard of living to which Mrs. Fontana was accustomed to during the marriage — awarding lifestyle expenses — as opposed to basic necessities — awarding maintenance expenses. As noted, the trial court adopted the amount in the Spreadsheet as the spousal support award. Mr. Fontana contends that the Spreadsheet improperly includes lifestyle expenses — such as beauty salon and health club — that should have been excluded. He also contends that the Spreadsheet improperly included miscellaneous expenses, such as “other” and “cash,” that likewise should have been excluded. See Parker v. Parker, 98-817 (La.App. 3 Cir. 3/2/94), 634 So.2d 1231, 1233 (<HOLDING>). Mrs. Fontana counters that the Spreadsheet Options: A. holding that statutory written warranty definition does not encompass statements in brochures and advertising B. holding that support does not encompass miscellaneous expenses C. holding that a promise to pay postmajority educational expenses was nondischargeable support even though the relevant states law does not require such support past the age of majority D. holding that an award for medical expenses is proper when the expenses have been incurred but not paid E. holding that an agreement to pay sons college education expenses was nondischargeable support even though arkansas law does not require payment of such expenses

assistant: The best answer is B. holding that support does not encompass miscellaneous 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: supercell reserves the right to take action as a result , which may include terminating your account and prohibiting you from using the service in whole or in part .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the relevant Issuing Bank) to the relevant Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension, but in any event no less than three (3) Business Days) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount of such Letter of Credit, the Agreed Currency applicable thereto, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by an Issuing Bank, the Borrower also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended, renewed or extended only if (and upon issuance, amendment, renewal or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment, renewal or extension (i) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the LC Exposure shall not exceed $50,000,000, (ii) the sum of (x) the aggregate undrawn amount of all outstanding Letters of Credit issued by any Issuing Bank at such time plus (y) the aggregate amount of all LC Disbursements made by such Issuing Bank that have not yet been reimbursed by or on behalf of the Borrower at such time shall not exceed such Issuing Bank’s Letter of Credit Commitment, (iii) subject to Sections 2.04 and 2.11(b), the Dollar Amount of the Total Revolving Credit Exposures shall not exceed the Aggregate Commitment and (iv) subject to Sections 2.04 and 2.11(b), the Dollar Amount of each Lender’s Revolving Credit Exposure shall not exceed such Lender’s Commitment. The Borrower may, at any time and from time to time, reduce the Letter of Credit Commitment of any Issuing Bank with the consent of such Issuing Bank; provided that the Borrower shall not reduce the Letter of Credit Commitment of any Issuing Bank if, after giving effect of such reduction, the conditions set forth in the immediately preceding clauses (i) through (iv) shall not be satisfied.

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: inquiry, then, the Board had no reason to consider the absence of enforcement. Finally, Guardsmark argues that the Board erred, by failing to consider the chain-of-command rule’s purpose, namely “to establish a method for efficiently reporting problems and having problems resolved- [in order .to] maintain an orderly work progression and resolve problems in a prompt manner.” Guardsmark’s Opening Br. 15. Although efficient resolution of disputes - may well represent a valid business purpose, Guardsmark never argued, neither here nor before the Board, that this purpose represents a special circumstance necessary to employee discipline or company production. Cf. Stanford Hosp.; 325 F.3d at 338 (citing Beth Israel Hosp. v. NLRB, 437 U.S. 483, 492-93, 98 S.Ct. 2463, 57 L.Ed.2d 370 (1978)) (<HOLDING>). Nor did the company argue, as it must to Options: A. holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery B. holding that even in a public forum the government may impose reasonable restrictions on the time place or manner of protected speech provided the restrictions are justified without reference to the content of the regulated speech that they are narrowly tailored to serve a significant governmental interest and that they leave open ample alternative channels for communication of the information C. holding that in the context of solicitation rules such circumstances are required to justify restrictions on solicitation during nonworking time D. holding that a quick look analysis was inappropriate for restrictions imposed by professional association of dentists on member advertising where the likelihood of noncompetitive effects of restrictions were not obvious and restrictions could plausibly be thought to have procompetitive effect on competition E. holding that reasoning which would justify the arrest by the search and at the same time justify the search by the arrest will not do

assistant: The best answer is C. holding that in the context of solicitation rules such circumstances are required to justify restrictions on solicitation during nonworking 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you will not use , sublicense , copy , adapt , modify , translate , disclose , prepare derivative works based upon , distribute , license , sell , rent , lease , assign , transfer , publicly display , publicly perform , transmit , broadcast , or otherwise exploit the fitbit content , fitbit service or any portion thereof , except as expressly permitted in these terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: RHP and Key Employee hereby agree that, if Key Employee is in the employ of RHP on the date on which a Change of Control occurs (the “Change of Control Date”), RHP will continue to employ Key Employee and Key Employee will remain in the employ of RHP, for the period commencing on the Change of Control Date and ending on the second anniversary of such date (the “Employment Period”), to exercise such authority and perform such duties as are commensurate with the authority being exercised and duties being performed by the Key Employee immediately prior to the Change of Control Date. Nothing expressed or implied in this Agreement shall create any right or duty on the part of RHP or the Key Employee to have the Key Employee remain in the employment of RHP prior to any Change in Control, provided; however, that any termination of employment of the Key Employee or the removal of the Key Employee from the office or position in RHP following the commencement of any discussion with a third person that ultimately results in a Change in Control with that or another person shall be deemed to be a termination or removal of the Key Employee after a Change in Control for purposes of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of restitution. The state concedes that the trial court erred in imposing restitution for the victim’s mother’s lost wages and in ordering restitution based on future counseling expenses for the victim and her mother when there was no evidence presented that they would incur those expenses. We agree and accept the state’s concession of error. See State v. Donahue, 165 Or App 143, 146, 995 P2d 1202 (2000) (vacating trial court’s imposition of compensatory fine on the basis that, although “reasonably predictable and easily measurable future treatment expenses” are recoverable, “the mere fact that the victim was scheduled to go to a counseling appointment does not establish that she had incurred or would incur pecuniary harm”); State v. Gregory, 149 Or App 769, 770, 945 P2d 593 (1997) (<HOLDING>). Accordingly, we remand for resentencing. See Options: A. holding that the court erred in failing to inform the defendant that it could impose restitution but that the error did not affect the defendants substantial rights because the court informed the defendant that it could impose a maximum fine of an amount higher than the restitution amount imposed B. holding the trial court correctly ordered appellant to pay restitution for the full value of the vehicle C. holding that the trial court lacked authority under ors 137103 to impose restitution to pay the victims relatives for lost wages D. holding that restitution for lost income in property cases was improper under the plain language of the statute because restitution for lost income is authorized only for victims of bodily injury E. holding that criminal defendant was not entitled to a jury trial on the issue of restitution under ors 137106

assistant: The best answer is C. holding that the trial court lacked authority under ors 137103 to impose restitution to pay the victims relatives for lost wages
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 Management Agreement may be executed (including by facsimile transmission) with counterpart signature pages or in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon, and all of which shall together constitute one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 5.19(b) attached to the Disclosure Letter, as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Section 6.02, is a list of all registered or issued Intellectual Property (including all applications for registration and issuance) owned by each of the Loan Parties or that each of the Loan Parties has the right to (including the name/title, current owner, registration or application number, and registration or application date and such other information as reasonably requested by the Lender).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In reliance on the representations, warranties, covenants and agreements contained in this Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, the Credit Agreement shall be amended, effective as of the Effective Date (as defined below) in the manner provided in this Section 1 .

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: § 4302, it would have either expressed its intent in the statutory language or legislative history or, more likely, expressly enacted one.” Larrabee, 486 A.2d at 101. [¶ 19] Although Delekto, an abutting land owner, violated a land use ordinance and committed a nuisance pursuant to 30-A M.R.S.A. § 4302, the Legislature, in enacting section 4302, did not intend to provide the Charltons with a cause of action for nuisance. Instead, by enacting 30-A M.R.S.A. § 4452, it provided the Town with an enforcement mechanism. Specifically, section 4452 gives a municipality, and only a municipality, the authority to enforce land use regulations. Accordingly, only municipalities may bring an action for violations of such regulations. Herrle v. Town of Waterboro, 2001 ME 1, ¶ 11, 763 A.2d 1159, 1162 (<HOLDING>). The trial court, therefore, did not err in Options: A. recognizing that private citizens do not have standing to initiate proceedings to enforce municipal zoning regulations B. recognizing third partys right to initiate dependency proceedings under chapter 39 C. holding that religious corporation which owned property had standing to challenge zoning ordinance D. holding that general creditors do not have standing to contest forfeitures E. holding that zoning boards of appeal do not have the inherent power to grant a rehearing

assistant: The best answer is A. recognizing that private citizens do not have standing to initiate proceedings to enforce municipal zoning regulations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of State Laws Applicable to Credit Card Transactions, OTS Op. Letter, No. P-96-14, 1996 WL 767462, at *5. 17 . Gleich v. Bongio, 128 Tex. 606, 611, 99 S.W.2d 881 (1937); Wierzchula v. Wierzchula, 623 S.W.2d 730, 732 (Tex.App.-Houston [1st Dist.] 1981, no writ). 18 . Tex. Fam. Code § 3.003; Richardson v. Richardson, 424 S.W.3d 691, 697 (Tex.App.-El Paso 2014, no pet.). 19 . Tex. Estates Code § 201.003; Dakan v. Dakan, 125 Tex. 305, 317, 83 S.W.2d 620 (1935) (“It is, however, the rule in this state 'that the community estate passes charged with the debts against it.’ ”). 20 . Tex. Estates Code § 453.002; Shepherd v. Ledford, 926 S.W.2d 405, 412-15 (Tex.App.Fort Worth 1996), aff'd, 962 S.W.2d 28 (Tex. 1998). 21 . Cf. Wilson v. Bank of Am., N.A., 48 F.Supp.3d 787, 796-97 (E.D.Pa.2014) Options: A. holding that the surviving spouse of the borrower could not maintain a respa claim in her individual capacity because she never assumed the deceaseds loan B. holding under a similar statute ownership of property was transferred to surviving joint tenants upon the death of the joint tenant by operation of law thus defeating the homestead claim of deceaseds spouse C. holding where among other things the borrower signed confirming the transaction had not been rescinded on the date the loan closed she stated a claim for violation of tila D. holding that nonsignatory wife asserting in her individual capacity claims for damages such as her own mental anguish and loss of consortium earnings companionship society and inheritance lacked the type of privity contemplated for the contracting parties to bind her to a contract that she did not sign in her individual capacity E. holding plaintiff stated claim in his individual capacity

assistant: The best answer is A. holding that the surviving spouse of the borrower could not maintain a respa claim in her individual capacity because she never assumed the deceaseds loan
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 Supreme Court has recognized that, when viewed against the backdrop of the government’s sovereign immunity, the OTCA effectively serves as a partial waiver of sovereign immunity. Hale v. Port of Portland, 308 Or. 508, 512-17, 783 P.2d 506 (1989); Espinosa v. Southern Pacific Trans., 291 Or. 853, 864, 635 P.2d 638 (1981). To be sure, the OTCA necessarily limits the amount of damages that an injured party may recover from a government tortfeasor, but it does so only as a necessary consequence of the statute’s limitation on liability. By force of the statute, a claim against a government tortfeasor simply is not viable beyond the specified amounts. Surface v. Am. Spirit Ins. Cos., 154 Or. App. 696, 962 P.2d 717, 719(1998) (emphasis added); see also Griffin, 870 P.2d at 812-814 (<HOLDING>). Inasmuch as the OTCA expressly refers to Options: A. holding that by using the term liability which must refer to the duty or legal responsibility to pay money on a tort claim the legislature intended the otca limits to include attorney fees and costs B. holding that to establish tort liability in a negligence action there must be a legal duty on the part of the defendant to plaintiff C. recognizing that the term disbursements extends beyond the entity with the legal obligation to pay a debt and may include the one who benefitted by the expense but was not legally obligated to pay it D. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs E. holding that a successful plaintiff in a legal malpractice action may recover initial fees a plaintiff pays or agrees to pay an attorney for legal services that were negligently performed and corrective fees incurred by the plaintiff for work performed to correct the problem caused by the negligent lawyer but not litigation fees which are legal fees paid by the plaintiff to prosecute the malpractice action against the offending lawyer

assistant: The best answer is A. holding that by using the term liability which must refer to the duty or legal responsibility to pay money on a tort claim the legislature intended the otca limits to include attorney fees and costs
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

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: This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of California (without giving effect to any conflicts or choice of laws provisions thereof that would cause the application of the domestic substantive laws of any other jurisdiction).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party will, and will cause each Restricted Subsidiary to, do or cause to be done all things reasonably necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses and permits (except as such would otherwise reasonably expire, be abandoned or permitted to lapse in the ordinary course of business), necessary or desirable in the normal conduct of its business, and maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except (i) other than with respect to Holdings’ or the Borrower’s existence, to the extent such failure to do so would not reasonably be expected to have a Material Adverse Effect or (ii) pursuant to a transaction permitted by Section 6.03.

assistant: Existence
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 limiting the generality of the foregoing, and also for and in consideration of the Company’s agreement to provide Employee severance payments and benefits as described in the Agreement, Employee specifically acknowledges and agrees that he does hereby knowingly and voluntarily release the Company and all other Released Parties from any and all claims arising under the Age Discrimination in Employment Act, 29 U.S.C. Section 621, et seq. (“ ADEA ”), which Employee ever had or now has from the beginning of time up to the date this Waiver and Release is executed, including, but not by way of limitation, those ADEA Claims which are in any way connected with any employment relationship or the termination of any employment relationship which existed between the Company or any other Released Parties and Employee. Employee also acknowledges that he has been provided with a notice, as required by the Older Workers Benefit Protection Act of 1990, that contains (i) information about the individuals covered under the Agreement, (ii) the eligibility factors for participation in the Agreement, (iii) the time limits applicable to the Agreement, (iv) the job titles and ages of the employees designated to participate in the Agreement, (v) and the ages of the employees in the same job classification who have not been designated to participate in the Agreement. Employee further acknowledges and agrees that he has been advised to consult with an attorney prior to executing this Waiver and Release and that he has been given forty-five (45) days to consider this Waiver and Release prior to its execution. Employee agrees that in the event that he executes this Waiver and Release prior to the expiration of the forty-five (45) day period, he shall waive the balance of said period. Employee also understands that he may revoke this Waiver and Release of ADEA Claims at any time within seven (7) days following its execution and that, if Employee revokes this waiver and Release of ADEA Claims within such seven (7) day period, it shall not be effective or enforceable and he will not receive the above-described consideration or any payments provided for in the Agreement that have not been paid.

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: 223 N.J.Super. at 446, 538 A.2d 1292; Kalman v. Grand Union Co., supra, 183 N.J.Super. at 157-59, 443 A.2d 728; O’Sullivan v. Mallon, supra, 160 N.J.Super. at 418-19, 390 A.2d 149. In some cases, however, the employee may show that the retaliation is based on the employee’s exercise of certain established rights, violating a clear mandate of public policy. Hennessey, supra, 129 N.J. at 91, 102-03, 106-07, 609 A.2d 11 (determining that discharge of employee for failing (or refusing to take) a random test for illegal drug use implicates a clear mandate of public policy protecting individual privacy rights, but holding that discharge was lawful where employee served in a safety-sensitive position); Velantzas v. Colgate-Palmolive Co., 109 N.J. 189, 192, 536 A.2d 237 (1988) (per curiam) (<HOLDING>); Lally v. Copygraphics, supra, 85 N.J. at Options: A. holding that the plaintiff failed to exhaust her administrative remedies with respect to gender discrimination and retaliation claims where she had only asserted discrimination based on race and disability in her eeoc complaint B. holding race and gender discrimination claim barred C. holding that plaintiff failed to exhaust administrative remedies for her gender discrimination claim because she only checked the boxes for age discrimination and retaliation D. holding that employee demanding her personnel file stated cause of action under the law against discrimination njsa 105 by alleging that she was discharged for seeking to establish a gender discrimination claim E. holding that a plaintiff could not assert a 1981 claim based on gender discrimination

assistant: The best answer is D. holding that employee demanding her personnel file stated cause of action under the law against discrimination njsa 105 by alleging that she was discharged for seeking to establish a gender discrimination claim