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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and protected by state law, and we have repeatedly ruled that the procedural guarantees of the Fourteenth Amendment apply whenever the State seeks to remove or significantly alter that protected status .... It was this alteration, officially removing the interest from the recognition and protection previously afforded by the State, which we found sufficient to invoke the procedural guarantees contained in the Due Process Clause of the Fourteenth Amendment. Paul, 424 U.S. at 710-11, 96 S.Ct. at 1165 (citations and footnote omitted). The Court also pointed out that other interests are "protected not by virtue of their recognition by the law of a particular State but because they are guaranteed in one of the provisions of the Bill of Rights which has been 'incorporated' in 2d Cir.2000) (<HOLDING>); Procopio v. Johnson, 994 F.2d 325, 329 (7th Options: A. holding the foster parent did not possess a liberty interest in her relationship with the foster child B. recognizing that foster parents do not have a constitutionally protected liberty interest in a continued relationship with their foster child C. holding that the trial court did not err in finding that a trust relationship existed between a foster mother and foster child where it found that the child immediately became attached to the foster mother and was confiding in her when she made statements admitted under the hearsay exception D. holding foster parents not liable for willful act of their foster child E. holding there is no protected liberty interest in maintaining the foster family relationship

assistant: The best answer is A. holding the foster parent did not possess a liberty interest in her relationship with the foster child
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 Participant’s rights under this Award, the Certificate of Grant and the Plan may be modified only to the extent expressly provided under this Award or under Sections 14(a) and (b) of the Plan. This Award, the Certificate of Grant and the Plan constitute the entire agreement between the parties with respect to the subject matter hereof and thereof and supersede all prior written or oral negotiations, commitments, representations and agreements with respect thereto. For the avoidance of doubt, this Award, the Certificate of Grant and the Plan do not supersede any "Restrictive Covenant Agreement" (as defined below) or employment agreement between the Participant and the Company or its Affiliates.

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: September 9, 2010 dismissal of his appeal from the settlement judgment pursuant to 28 U.S.C. § 1915(e) for lack of “an arguable basis in law or fact,” Order, Searles v. Beacon, 10-1058-cv, deprived the district court of jurisdiction to hear a Rule 60(b) challenge to the same judgment. In support, he cites Denton v. Hernandez, 504 U.S. 25, 34, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (“[A] § 1915[e] dismissal is not a dismissal on the merits.... ”). Denton affords Searles no relief because it held only that the § 1915(e) dismissal of a pro se complaint did e 60(b) motion only if “later events arise that were not previously considered by the appellate court.” Id. at 1270 (internal quotation marks omitted); see also Fine v. Bellefonte Underwriters Ins. Co., 758 F.2d 50, 52 (2d Cir.1985) (<HOLDING>). As Searles’s Rule 60(b) motion was not based Options: A. holding that motion for reconsideration would be construed not as a rule 60b motion but rather as an unauthorized successive motion under 2255 which the district court may have been without jurisdiction to consider B. holding district courts decision to deny a rule 60b motion is a separately appealable decision requiring a new notice of appeal C. holding that district court correctly determined that it did not have jurisdiction to consider rule 60b motion after appellate decision because movant cited no material change of circumstances or new evidence D. holding without extended discussion that even if the district court should have construed the petitioners motion under 18 usc 3582c2 as a rule 60b motion the court would nonetheless have had to recharacterize the rule 60b motion as an sshp E. holding that the board does not have jurisdiction to consider a claim which it previously adjudicated unless new and material evidence is presented

assistant: The best answer is C. holding that district court correctly determined that it did not have jurisdiction to consider rule 60b motion after appellate decision because movant cited no material change of circumstances or new 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 case excerpt and choose the best holding from the options. Case excerpt: performance of a professional 890 P.2d 214, 222 (Colo.Ct.App. 1994) (reversing a judgment in favor of plaintiffs and holding that the trial court erred in not instructing the jury that the cleric could not be held liable if his massage of the minor plaintiff “was engaged in solely in a sincere effort to facilitate the minor’s communication with God”). We are also persuaded that the distinction suggested in Dausch v. Rykse, supra, between pastoral counseling and secular psychological counseling, is unworkable because it is difficult to apply. A cleric’s ling culminating in a sexual relationship with a counselee and other types of harms allegedly resulting from a failed counseling relationship. Cf. Nally v. Grace Community Church of the Valley, supra, 253 Cal.Rptr. 97, 763 P.2d at 948 (<HOLDING>). Thus, we do not share the concern expressed Options: A. holding statement that plaintiff was antisemitic not actionable B. holding that the plaintiffs stated a claim for conspiracy because they alleged an actionable tort C. holding that claim for sons suicide was not actionable D. holding even though mother was a nurse she had no legal duty to prevent her 21yearold sons suicide E. holding that an actionable 20a claim must be preceded by an actionable primary violation under 10b

assistant: The best answer is C. holding that claim for sons suicide was not actionable
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 contest or dispute shall arise under this Plan involving termination of a Participant’s employment with the Corporation or involving the failure or refusal of the Corporation to perform fully in accordance with the terms hereof, each party shall be responsible for its own legal fees and related expenses, if any, incurred in connection with such contest or dispute; provided , however , that, with respect to any contest or dispute arising after a Change in Control, in the event the Participant substantially prevails with respect to such contest or dispute, the Corporation shall reimburse the Participant on a current basis for all reasonable legal fees and related expenses incurred by the Participant in connection with such contest or dispute, which reimbursement shall be made within thirty (30) days after the date the Corporation receives the Participant’s statement for such fees and expenses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and by rendering a take-nothing judgment in favor of Coastal. Francis contends that disregarding the verdict conflicts with the court’s footnote recited above, that “there is some evidence” that Coastal was negligent and proximately caused Francis’s injuries. Francis’s arguments propose that he may still recover against Coastal under the common law, beyond chapter 95, and thus challenge the trial court’s conclusion that chapter 95 preempts all common-law negligence claims against Coastal under the circumstances of this case and is, therefore, Francis’s exclusive remedy against Coastal. We agree with the trial court that chapter 95 controls this case, is Francis’s exclusive remedy against Coastal, and precludes common-law negligence liability in Coastal. See Fisher, 16 S.W.3d at 201 (<HOLDING>); see also Dyall v. Simpson Pasadena Paper Co., Options: A. holding that chapter 95 controlled liability for injuries arising from failure to provide a safe workplace B. recognizing a state law tort claim for negligence arising under a duty to provide a safe work environment C. holding first that injuries sustained during contact sports were foreseeable then deciding that public policy insulated the defendant from liability for those injuries D. holding that employer has nondelegable duty to provide safe workplace E. holding that passenger cannot maintain action for breach of implied warranty to provide safe passage

assistant: The best answer is A. holding that chapter 95 controlled liability for injuries arising from failure to provide a safe workplace
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 Joinder Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to any conflicts of laws principles thereof that would require the application of the law 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 case excerpt and choose the best holding from the options. Case excerpt: to render official belief in its existence entirely unreasonable,” or (4) the warrant is “so facially deficient ... that the executing officers cannot reasonably presume it to be valid.” Id. at 923, 104 S.Ct. at 3421 (citations omitted). There is no evidence in the record that Officer Hayhoe made any misrepresentations to the issuing state court judge, nor did he make any statements in reckless disregard for the truth. The only incorrect information given to the state court judge was that Taylor’s apartment was unit # 4 instead of unit # 3. At the time it was given Officer Hay-hoe believed this information was correct. The officers did not search Taylor’s apartment (unit # 3) until after a corrected search warr L.Ed.2d 249 (1990); United States v. DeBardeleben, 740 F.2d 440 (6th Cir.) (<HOLDING>), cert. denied, 469 U.S. 1028, 105 S.Ct. 448, Options: A. holding that the structure purchased solely for demolition by the birmingham airport authority did not constitute a building for the purpose of thirddegree burglary B. holding that the insertion of a key into the door of a car to see if it fit constituted the beginning of a search because there is a reasonable expectation of privacy C. holding that mere insertion of key was not a search or at least not an unreasonable search protected by the fourth amendment D. holding that insertion of a crowbar into the door of a suspects house by officers before they announced their presence constitutes an unreasonable search E. holding that the insertion of a key into a lock solely for the purpose of identifying ownership does not constitute a search

assistant: The best answer is E. holding that the insertion of a key into a lock solely for the purpose of identifying ownership does not constitute a search
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 hereby represents that it has dealt with no financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Agreement. Borrower hereby agrees to indemnify, defend and hold Lender harmless from and against any and all claims, liabilities, costs and expenses of any kind (including Lender’s reasonable attorneys’ fees and expenses) in any way relating to or arising from a claim by any Person that such Person acted on behalf of Borrower or Lender in connection with the transactions contemplated herein other than as a result of the gross negligence or willful misconduct of Lender. The provisions of this Section 10.21 shall survive the expiration and termination of this Agreement and the payment of the Debt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The RSUs subject to the Award shall vest in accordance with the Vesting Schedule set forth in Exhibit B to the Grant Notice. Unless and until the RSUs have vested in accordance with the Vesting Schedule set forth in the Grant Notice, Participant will have no right to any distribution with respect to such RSUs. Unless otherwise provided in Exhibit B to the Grant Notice, in the event of Participant’s Termination of Service prior to the vesting of all of the RSUs, any unvested RSUs will terminate automatically without any further action by the Company and be forfeited without further notice and at no cost to the Company.

assistant: Vesting
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 respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of the Initial Purchasers set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Initial Purchasers or the Company or any of the indemnified persons referred to in Section 8 hereof, and will survive delivery of and payment for the Securities. The provisions of Sections 7 and 8 hereof shall survive the termination or cancellation of this Agreement.

assistant: Representations
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: case of title. If the plaintiff[ ] make[s] out a prima facie case, the defendant ] then ha[s] the burden of proving superior right or title in themselves.” Beulah Hoagland Appleton Qualified Pers. Residence Trust v. Emmet Cnty. Rd. Comm’n, 236 Mich. App. 546, 600 N.W.2d 698, 700 (1999). Khadher does not present evidence establishing a superior claim of ownership in the Property. Khadher also proposes that the court use its equitable powers to quiet title based on fraud, deceit, and intentional violations of statutory duties. Although Michigan courts have recognized that an action to quiet title can be a remedy for fraud, there is no actionable fraud to remedy here. See Missouri v. MWG Prop. Consultants, No. 04-425782-CH, 2008 Mich.App. LEXIS 1232, at *5-6 (Mich. Ct.App. June 12, 2008) (<HOLDING>). Even if intentional violations of statutory Options: A. holding that a plaintiffs attempt to quiet title failed because the plaintiff could not furnish competent evidence that the description in the deed includes any or all of the real estate which is admitted by the parties to be the subject of controversy B. holding there is no statute of limitations on action to quiet title by landowner who was in continuous possession of property under claim of ownership C. holding that a plaintiff in possession of property may bring suit to quiet title against any or all tenantsincommon with competing claims D. holding action equivalent to quiet title over navigable waters regulated and controlled by state is form of prohibited relief E. recognizing actions to quiet title are equitable in nature and a court sitting in equity has jurisdiction to quiet title as a remedy for fraud

assistant: The best answer is E. recognizing actions to quiet title are equitable in nature and a court sitting in equity has jurisdiction to quiet title as a remedy for fraud
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 any number of counterparts each of which shall be deemed an original and which, taken together, shall form one and the same agreement. Execution and delivery of this Agreement may be evidenced by faxed or emailed signatures.

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: See also United States v. Horak, 833 F.2d 1235, 1245 (7th Cir.1987). In United States v. Tranowski, 702 F.2d 668 (7th Cir.1983), cert. denied, 468 U.S. 1217, 104 S.Ct. 3586, 82 L.Ed.2d 884 (1984), the Court of Appeals allowed the government to appeal from district court’s denial of its motion to retry the defendant following reversal of the original conviction. The Court reasoned that such an appeal was permitted under Section 3731 because the district court’s order was “ ‘tantamount to a dismissal of the indictment ...,’ though not labeled a dismissal.” 702 F.2d at 670, quoting United States v. Esposito, 492 F.2d 6, 10 (7th Cir.1973), cert. denied, 414 U.S. 1135, 94 S.Ct. 879, 38 L.Ed.2d 760 (1974). See also United States v. Apex Distributing Co., 270 F.2d 747, 750 (9th Cir.1959) (<HOLDING>). We too hold that in the case before us the Options: A. holding that a sufficiency challenge must be preserved in the trial court in a parental termination case to be reviewed on appeal B. holding that an issue must be presented to the lower court and the specific legal argument or ground to be argued on appeal must be part of that presentation if it is to be considered preserved C. holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal D. holding that a petitioner must specify which issues form the basis of the appeal E. holding that the direction the governments appeal must take or whether it may appeal at all is to be governed by the substantial basis of the orders sought to be reviewed rather than their designation and form

assistant: The best answer is E. holding that the direction the governments appeal must take or whether it may appeal at all is to be governed by the substantial basis of the orders sought to be reviewed rather than their designation and form
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: 124. The Supreme Court recognized t rly required the husband to comply with the terms of the agreement. Nothing in Code § 20-107 as it existed in 1976 precluded the incorporation of the agreement or the enforcement of its provisions. IV. The husband next contends that the wife’s motion to show cause must fail because it referenced only the April 26, 1976 decree of divorce, which preceded the signing of the agreement on July 8, 1976. We find no merit in this argument. The divorce decree reserved for future determination the issues of support and maintenance. Those issues were settled by the parties’ agreement, which was “approved, ratified, affirmed and incorporated” as the court’s decree by order dated July 9, 1976. See Rogers v. Damron, 23 Va.App. 708, 713, 479 S.E.2d 540, 542 (1997) (<HOLDING>). Although the husband did not raise this issue Options: A. holding a motion to revise an enrolled divorce decree because of a discrepancy between the separation agreement and the decree filed more than 5 years after entry of the enrolled decree was properly denied B. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce C. holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired D. holding that the trial court had authority to enforce a marital property settlement agreement that had not been incorporated into the parties final divorce decree E. recognizing a divorce decree which incorporates a property settlement agreement is a final and conclusive adjudication

assistant: The best answer is B. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce
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 overall health and safety purposes of Regulation 61-12. Accordingly, we conclude that South Carolina’s recordkeeping requirement does not per se violate the Constitution. This does not, however, answer the entire question of whether the reporting requirements and the potential for publication through court proceedings renders the requirements unconstitutional, as the abortion clinics argue. South Carolina must still demonstrate that the records it requires that contain personal information will be maintained in confidence to the extent possible as it uses the records to ensure the health and safety of its citizens. See Whalen, 429 U.S. at 602, 97 S.Ct. 869 (noting that disclosure to public health agencies are “an essential part of modern medical practice”); Walls, 895 F.2d at 192 (<HOLDING>). We conclude that South Carolina’s statutes Options: A. recognizing the individuals interest in avoiding disclosure of personal matters B. recognizing that there is an important privacy interest in corporate financial documents the court agrees that the information can be protected therefore the court required that the information be disclosed pursuant to a confidentiality order only to be used in connection with this litigation C. recognizing limits on an individuals right to privacy and requiring the government to move a compelling interest only if there will be disclosure of protected information D. recognizing a right to privacy in avoiding disclosure of personal matters E. recognizing as a privacy right the individual interest in avoiding disclosure of personal matters

assistant: The best answer is C. recognizing limits on an individuals right to privacy and requiring the government to move a compelling interest only if there will be disclosure of protected information
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto hereby irrevocably and unconditionally submits, for itself and its property, to the exclusive jurisdiction of the Supreme Court of the State of New York sitting in New York County and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement, or for recognition or enforcement of any judgment, and each of the parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such action or proceeding may be heard and determined in any such New York State or, to the extent permitted by law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Each party hereto agrees that the Administrative Agent and the Lenders retain the right to bring proceedings against any Obligor in the courts of any other jurisdiction in connection with the exercise of any rights under any Security Document or the enforcement of any judgment.

assistant: Jurisdictions
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 matters that would not, individually or in the aggregate, have or reasonably be expected to result in a Material Adverse Effect, the Company and its Subsidiaries have, in each case, made or filed all federal, state, foreign, local and other tax returns that are required to be made or filed by it and has paid or made provision for the payment of all taxes and other governmental assessments and charges that are material in amount. There are no unpaid taxes in any material amount claimed to be due by the taxing authorities of any jurisdiction.

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: various factors for making an Erie guess listed in cases such as Hodges v. Mack Trucks, Inc., 474 F.3d 188, 199 (5th Cir.2006) (citations omitted). Starting with the statute, “bind” is not a defined term, there is no legislative history, and the statute does not attempt to address the effect of an unauthorized act on a subsequent BFP. Absent any Mississippi cases directly on point, the Court looked at analogous Mississippi authority and found that Mississippi will protect a principal or a BFP depending on the context of the relationships. Compare Guice v. Burrage, 156 F.2d 304, 306 (5th Cir.1946) (finding that bona fide purchasers for value obtained clear title despite fraudulently conveyed mineral lease deeds) with Sec. Inv. Co. of St. Louis v. Williams, 193 So.2d 719, 722 (Miss.1967) (<HOLDING>); Scott v. Nelson, 820 So.2d 23, 24-25 Options: A. holding intervening purchaser of property was subject to tenantatsufferance clause in deed of trust B. holding that mers is capable of being a valid beneficiary of a deed of trust and that while entitlement to enforce both the deed of trust and the promissory note is required to foreclose nothing requires those documents to be unified from the point of inception of the loan C. holding that under mississippi law a purchaser is a bona fide purchaser for value without notice unless there is actual notice or circumstances which would put a purchaser on inquiry notice D. holding that the note and trust deed having been forgeries even an innocent purchaser for value and without notice that they were forgeries could acquire no title E. holding that when note and deed of trust were null and void and of no legal effect because of forgery assignee of note and deed of trust nevertheless had equitable lien upon property for value of construction work for which note and deed of trust were given

assistant: The best answer is D. holding that the note and trust deed having been forgeries even an innocent purchaser for value and without notice that they were forgeries could acquire no title
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to any Claims under any Environmental Laws which are addressed exclusively in 0 , to the Knowledge of the SN Parties, there is no material Claim pending or threatened against the Company or the Interests that, if adversely determined, would be material to the Interests. To the Knowledge of the SN Parties, the operations and business of the Company have been conducted by the Company in substantial compliance in all material respects with all Applicable Laws except with respect to Environmental Laws, which are addressed exclusively in 0 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency. 20 U.S.C. § 1232g(b)(2). The federal regulations track the statute and allow disclosure without consent if “[t]he disclosure is to comply with a judicial order or lawfully issued subpoena.” 34 C.F.R. § 99.31(a)(9)(i) (July 1, 2006 and October 13, 2006). Thus, there is no statutory bar precluding production of the records, only requirements that must be met before disclosure can occur. ¶ 18 In general, a privilege will protect records from disclosure even by court order. See Ornelas v. Fry, 151 Ariz. 324, 329, 727 P.2d 819, 824 (App.1986) (<HOLDING>); Bain v. Superior Court, 148 Ariz. 331, 333, Options: A. holding that a hospitals records of a patients treatment for alcoholism were protected by the physicianpatient privilege emphasis added and were therefore not discoverable in an action attempting to prove that the patient had a problem with alcohol B. holding no reasonable expectation of privacy in medical records because of statutory exception to physicianpatient privilege in homicide trials C. recognizing the tort of breach of physicianpatient privilege D. holding that a patients settlement of a prior action brought against him by doctors for payment of a bill did not bar medical malpractice action against doctors E. holding that plaintiffs may not compel discovery of a doctors alcoholism treatment records pursuant to ars 122235 2003 physicianpatient privilege in negligence action against doctor

assistant: The best answer is E. holding that plaintiffs may not compel discovery of a doctors alcoholism treatment records pursuant to ars 122235 2003 physicianpatient privilege in negligence action against doctor
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 may not : ( i ) remove any copyright , trademark or other proprietary notices from any portion of the services ; ( ii ) reproduce , modify , prepare derivative works based upon , distribute , license , lease , sell , resell , transfer , publicly display , publicly perform , transmit , stream , broadcast or otherwise exploit the services except as expressly permitted by uber ; ( iii ) decompile , reverse engineer or disassemble the services except as may be permitted by applicable law ; ( iv ) link to , mirror or frame any portion of the services ; ( v ) cause or launch any programs or scripts for the purpose of scraping , indexing , surveying , or otherwise data mining any portion of the services or unduly burdening or hindering the operation and/or functionality of any aspect of the services ; or ( vi ) attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks .

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: Upon each issuance of Notes, the Issuer shall pay to the Purchasers a structuring fee equal to 2.0% of the original principal amount of such Notes (the “ Structuring Fee ”), which fee shall be netted out of the funding on the date of such issuance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee agrees to resign from all positions he holds with Apache and its affiliates forthwith and to sign all documents necessary to effectuate his resignations. Employee agrees to sign and deliver such other documents that are necessary and appropriate to effectuate the purposes of this Agreement including, but not limited to, amendments to equity grant agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly provided in Section 8(b) and 8(c) below, if the Participant ceases to be employed by or ceases to provide services to the Corporation or a Subsidiary at any time prior to the third anniversary of the Award Date (the date of such termination of employment or service is referred to as the Participant’s “ Severance Date ”), the Participant’s shares of Restricted Stock (and related Restricted Property as defined in Section 9 hereof) shall be forfeited to the Corporation (regardless of the reason for such termination of employment or service, whether with or without cause, voluntarily or involuntarily, or due to death or disability). Upon the occurrence of any forfeiture of shares of Restricted Stock hereunder, such unvested, forfeited shares and related Restricted Property shall be automatically transferred to the Corporation as of the Severance Date, without any other action by the Participant (or the Participant’s beneficiary or personal representative in the event of the Participant’s death or disability, as applicable). No consideration shall be paid by the Corporation with respect to such transfer, except that the Corporation will return to the Participant the original Purchase Price for such forfeited shares. The Corporation may exercise its powers under Section 7(d) hereof and take any other action necessary or advisable to evidence such transfer. The Participant (or the Participant’s beneficiary or personal representative in the event of the Participant’s death or disability, as applicable) shall deliver any additional documents of transfer that the Corporation may request to confirm the transfer of such unvested, forfeited shares and related Restricted Property to the Corporation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appear before us on appeal. 3 . There is some dispute as to when the process of amending the City’s zoning ordinance began. However, since we conclude that the City has no intention of re-enacting the allegedly unconstitutional segments of the zoning code, we need not decide what initially motivated the City's comprehensive overhaul of its entire zoning ordinance. 4 . In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir.1981) (en banc), this Court adopted as binding precedent all decisions of the former Fifth Circuit handed down prior to close of business on September 30, 1981. 5 . We cataloged many of the Supreme Court decisions on this subject in our Coral Springs decision: See, e.g., Lewis v. Cont’l Bank Corp., 494 U.S. 472, 474, 110 S.Ct. 1249, 1252, 108 L.Ed.2d 400 (1990) (<HOLDING>); Massachusetts v. Oakes, 491 U.S. 576, 582-83, Options: A. holding moot a challenge to a florida tax exemption for church property when the law had been repealed B. holding that an overbreadth challenge to a child pornography law was rendered moot by amendment to the statute C. holding that a commerce clausebased challenge to florida banking statutes was rendered moot by amendments to the law D. holding that a challenge to the disbursement of attorneys fees was not equitably moot E. holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida

assistant: The best answer is C. holding that a commerce clausebased challenge to florida banking statutes was rendered moot by amendments to the law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must obtain an order of the court prior to the end of the defendant’s probation term.”). However, our Legislature has provided an exception. Under Section 31-21-15(C), a court may effectively toll the probationary term for the time a probationer is found to be a fugitive from justice. A probationer is a fugitive when the State can prove either that it unsuccessfully attempted to serve a warrant on the probationer, or any such attempt would have been futile. Jirnenez, 2004-NMSC-012, ¶ 8- {9} Under our case law, a district court retains jurisdiction for the purpose of applying Section 31-21-15(C) when a fugitive probationer is arrested and brought before the court after the expiration of the original term of probation. See State v. Apache, 1986-NMCA-051, ¶ 12, 104 N.M. 290, 720 P.2d 709 (<HOLDING>). This case presents a related question. Options: A. holding that judge could rely on presentenee report to determine that defendant was on probation at the time of the offense but declining to base this holding the theory that probation is derivative of criminal history B. holding defendant cannot establish prejudice merely by alleging court held probation revocation hearing after defendants period of probation expired C. holding that the judicial determination of fugitive status must be made only after the probationer has been found and brought before the court regardless of whether this occurs before or after the date on which probation was originally to have expired D. holding that a court retains jurisdiction to determine fugitive status regardless of whether this occurs before or after the date on which probation was originally to have expired E. holding that section 10b violation occurs on date of alleged misrepresentation not the date of the sale or purchase of securities

assistant: The best answer is D. holding that a court retains jurisdiction to determine fugitive status regardless of whether this occurs before or after the date on which probation was originally to have expired
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. Sec. Litig., 970 F.Supp. 746 (N.D.Cal.1997) (concluding PSLRA eliminated both tests and requires plaintiffs to allege — for each misstatement — specific facts that constitute circumstantial evidence of conscious behavior); Marksman, 927 F.Supp. at 1310-1311 (concluding that two-prong test survives); Zeid, 973 F.Supp. at 916 (requiring “substantial factual basis” for strong inference of scienter and modifying two-prong test for forward looking statements); Schlagel v. Learning Tree Int’l, CV 98-0020, slip opinion at 31 (C.D.Cal. Dec. 23, 1998) (concluding that legislative history of the Securities Litigation Uniform Standards Act of 1998 confirms that Congress did not intend the PSLRA to alter scienter requirements); Rehm v. Eagle Fin. Corp., 954 F.Supp. 1246, 1253 (N.D.Ill.1997) (<HOLDING>); In re Baesa, 969 F.Supp. at 242 (concluding Options: A. holding that a stipulation as to the law is generally not binding upon the courts B. holding that the characterization of a contempt sanction is a question of law and is not binding on this court C. holding that epa need not incorporate particular tests when evaluating applications if relevant statutory language does not explicitly require such tests D. holding that arbitration award is binding on the parties E. holding that both tests survive but prereform act case law is not binding

assistant: The best answer is E. holding that both tests survive but prereform act case law is not binding
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 event or circumstance has occurred or exists that constitutes a Default or Event of Default. No Borrower or Subsidiary is in default, and no event or circumstance has occurred or exists that with the passage of time or giving of notice would constitute a default, under any Material Contract or in the payment of any Indebtedness.

assistant: No Defaults
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Party whose performance of its obligations hereunder is adversely affected by a Force Majeure event (the “ Affected Party ”) shall promptly notify the other Party at the beginning of the Force Majeure event, and confirm the notice in writing within five (5) business days of the event. The notice shall contain a detailed account of the Force Majeure event, including the cause of the event, an estimate of the duration of any delay, an estimate of the Force Majeure event’s impact to the Affected Party’s performance, and the plan to mitigate the effects of the event.

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: EACH GRANTOR, THE ADMINISTRATIVE AGENT AND EACH LENDER HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER (WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTED WITH THIS SECURITY AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE RELATIONSHIP ESTABLISHED THEREUNDER.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All rights and restrictions contained herein may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement not essential to the commercial purpose of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the Parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. To the extent legally permissible, any illegal, invalid or unenforceable provision of this Agreement shall be replaced by a valid provision that will implement the commercial purpose of the illegal, invalid or unenforceable provision. In the event that any provision essential to the commercial purpose of this Agreement is held to be illegal, invalid or unenforceable and cannot be replaced by a valid provision that will implement the commercial purpose of this Agreement, this Agreement and the rights granted herein shall terminate.

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: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except for (i) the filing of UCC financing statements, (ii) filings with the United States Patent and Trademark Office and the United States Copyright Office, (iii) the recordation of the Mortgage over the Emmis Chief Executive Office and (iv) those that have been obtained or made and are in full force and effect, (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of each Credit Party or any of its Subsidiaries or any order of any Governmental Authority, except to the extent any such violations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect, (c) will not violate or result in a default under any indenture, material agreement or other material instrument binding upon any Credit Party or any of its Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by any Credit Party or any of its Subsidiaries, except to the extent any such violations or resulting rights, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect, and (d) will not result in the creation or imposition of any Lien on any asset of any Credit Parties or any of its Subsidiaries except for Liens created under the Credit Documents.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If, without having fully exercised the Option, you have a Termination of Service due to your death, then any Shares Granted under the Option that are not yet vested at that time shall be fully vested and (a) the Option may be exercised by the executor or administrator of your estate or by such person or persons who shall have acquired your rights hereunder by bequest or inheritance or by designation as your beneficiary for the full number of Shares Granted (less any shares for which the Option was previously exercised), but (b), such person’s right to exercise the Option shall terminate upon the earlier of the Expiration Date or a date which is one (1) year after the date of your death.

assistant: Death