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: Subject to the terms and conditions of this Agreement, the closing of the Debenture Purchase and the purchase of the New Securities (the “ Closing ”) shall take place no later than two (2) business days after the last of the conditions set forth in Section 3(a) through Section 3(c) have been satisfied or waived (other than conditions which, by their nature, are to be satisfied on the Closing Date), or at such other time or on such other date as the parties hereto may mutually agree upon in writing (the day on which the Closing takes place being the “ Closing Date ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Supreme Court has articulated a strict construction, limiting its application to situations “where a party has performed an act which, if properly done, would postpone the deadline for filing his appeal and has received specific assurance by a judicial officer that this act has been properly done.” Osterneck v. Ernst & Whinney, 489 U.S. 169, 179, 109 S.Ct. 987, 993, 103 L.Ed.2d 146 (1989) (finding that the district court, while considering the plaintiffs motion for reconsideration on the merits, had affirmatively assured the plaintiffs that the motion was timely under Rule 59(e) and effective to toll the appeal period). This doctrine has never been applied to allow the trial court to extend the filing deadline, and in fact, courts are forbidden to do so. See McCarthy at 1275 (<HOLDING>). However, even if trial courts could extend Options: A. recognizing that defendant may waive miranda rights B. holding that a state may waive its sovereign immunity C. holding that absent a timely postjudgment motion the trial court has no jurisdiction to alter amend or vacate a final judgment D. holding that district court did not abuse its discretion where it determined that plaintiffs failed to show good cause to amend complaint after dispositive motion deadline E. holding that courts may not alter waive or amend the filing deadline

assistant: The best answer is E. holding that courts may not alter waive or amend the filing deadline
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 governed by and construed in accordance with the laws of the State of Delaware, without reference to the principles of conflict of laws. All actions and proceedings arising out of or relating to this Agreement shall be heard and determined in the Court of Chancery of the State of Delaware and the parties hereto hereby consent to the jurisdiction of such courts in any such action or proceeding; provided, however, that neither party hereto shall commence any such action or proceeding unless prior thereto the parties have in good faith attempted to resolve the claim, dispute or cause of action which is the subject of such action or proceeding through mediation by an independent third party.

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: Sellers shall be responsible for payment of all Taxes arising prior to the Cut-Off Time based on the actual current tax bill. If the Closing takes place before the real estate taxes and special assessments are fixed for the tax year in which the Cut-Off Time occurs, the apportionment of real estate taxes and special assessments will be made on the basis of the real estate taxes for the immediately preceding tax year based upon the maximum discount allowed and available. There shall be no re-proration of taxes after Closing. All delinquent taxes and all delinquent assessments, if any, on the Assets will be paid at Closing from funds accruing to Sellers.

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: request with a statement that counsel has examined these issues and found them to be without merit. Specifically, Coleman asserts that: (1) the Government violated 18 U.S.C.A. § 201 (West 2000), by presenting the testimony of witnesses who were presumably testifying in the hopes of obtaining a sentence reduction; (2) the district court erred at sentencing in converting the value of a half of a kilogram of cocaine powder into crack; and (3) his attorney provided ineffective assistance. Our review of these issues leads us to agree with counsel’s determination on issues (1) and (2). As to issue (3), a direct appeal is not the proper forum in this instance, because ineffective assistance is not clear on the face of the record. United States v. Hoyle, 33 F.3d 415, 418 (4th Cir.1994) (<HOLDING>). In light of the above determinations, we Options: A. holding that petitioner did not procedurally default his ineffective assistance of counsel claim by failing to raise it on direct appeal B. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record C. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced D. holding no ineffective assistance of appellate counsel claim for failure to raise as basis for appeal of conviction ineffective assistance of trial counsel where basis for the latter claim was inadequate E. recognizing a constitutional claim for ineffective assistance of counsel

assistant: The best answer is B. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record
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 court’s refusal in this case to instruct the jury on that doctrine. We decline to do so. Maryland Rule 4-325(c) requires the trial court to give a requested instruction under the following circumstances: “(1) the requested instruction is a correct statement of the law; (2) the requested instruction is applicable under the facts of the case; and (3) the content of the requested instruction was not fairly covered elsewhere in the jury instruction actually given.” Ware v. State, 348 Md. 19, 58, 702 A.2d 699 (1997). Moreover, a trial court need not give a requested instruction if the instructions given fairly cover the same subject matter. Binnie v. State, 321 Md. 572, 581-8 tes, 536 U.S. 932, 122 S.Ct. 2608, 153 L.Ed.2d 794 (2002); United States v. Span, 170 F.3d 798, 801 (7th Cir.) (<HOLDING>), cert. denied, 528 U.S. 862, 120 S.Ct. 153, Options: A. holding that defendant charged with conspiracy to manufacture marijuana and possessing marijuana with intent to distribute was not entitled to specific buyerseller instruction even though support for such instruction existed because court gave a complete instruction reciting all the elements of conspiracy B. holding that the requested instruction was not required under rule 4325c because even assuming that the requested instruction was a correct statement of law the trial judge exercised his discretion properly C. holding that an agreement on the one side to sell and on the other to buy does not constitute a conspiracy even if the buyer intends to resell the drugs so long as the buyer and seller do not have an agreement to further distribute the drugs D. holding that conspiracy instruction accurately stated the law and properly emphasized the necessity of finding a conspiratorial agreement even though the instruction omitted defendants requested statement that an agreement between a buyer and seller of illegal drugs does not constitute conspiracy E. holding that a joint conspiracy trial was proper based on the lack of complexity of the conspiracy the number of defendants and an appropriate jury instruction

assistant: The best answer is D. holding that conspiracy instruction accurately stated the law and properly emphasized the necessity of finding a conspiratorial agreement even though the instruction omitted defendants requested statement that an agreement between a buyer and seller of illegal drugs does not constitute conspiracy
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 Consolidated balance sheet of the Company and its Subsidiaries as at December 31, 2015, and the related Consolidated statements of income and cash flows of the Company and its Subsidiaries for the financial year then ended, accompanied by an opinion of the Company’s auditors, copies of which have been furnished to each Lender, fairly present in all material respects the Consolidated financial condition of the Company and its Subsidiaries as at such date and the Consolidated results of the operations of the Company and its Subsidiaries for the period ended on such date, all in accordance with GAAP consistently applied. Since December 31, 2015, there has been no Material Adverse Change.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The terms of this Amendment may be waived, modified and amended only by an instrument in writing duly executed by Borrower and the Administrative Agent (with any required consent of the Lenders pursuant to the Credit Agreement). Any such waiver, modification or amendment shall be binding upon Borrower, the Administrative Agent and each Lender (including the Swingline Lender and each Issuing Lender).

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: workfare program was not an employee for purposes of workers’ compensation. Id. The Court agreed with the ruling below that “petitioner did not establish a contract for hire and that the relationship between the parties was not voluntary.” Id. Similarly, in the present case, the relationship between Defendant and HSD was not voluntary. , 16. The question of whether Defendant was a public employee also requires a determination of whether government benefits are remuneration for services provided by workfare participants. Other courts have held that workfare participants earn for their services “not remuneration but rather continued eligibility for receiving general assistance[.]” Radvanovsky v. Maine Dep’t of Manpower Affairs Employment Sec. Comm’n, 427 A.2d 961, 963 (Me.1981) (<HOLDING>); see also Closson v. Town of Southwest Harbor, Options: A. holding that legislature clearly intended that workers compensation act and unemployment security act be construed together thus prohibiting worker from receiving both unemployment compensation and workers compensation payments for same period B. holding that an obligors voluntary unemployment would not affect his child support payments C. holding that unemployment compensation should not be deducted from a back pay award under the national labor relations act because failing to deduct unemployment payments does not make the employee more than whole D. holding that pursuant to statute unemployment benefits must be offset against workers compensation payments E. holding that assistance payments could not be considered for the purpose of requalifieation for unemployment insurance

assistant: The best answer is E. holding that assistance payments could not be considered for the purpose of requalifieation for unemployment insurance
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: BP paid Solis an additional $450 per acre. The Zaffirini Lessors admit that BP paid them $1,750 per acre, but argue that only $1,300 per acre was bonus and the remaining $450 per acre was a separate consent-to-assignment fee not included in bonus. However, we have rejected the Zaffirini Lessors’ interpretation of the Zaffirini lease. The correct interpretation required BP to pay the Zaffirini Lessors $1,750 per acre as bonus. See Heritage Res., Inc. v. NationsBank, 939 S.W.2d 118, 121 (Tex.1996); Coker v. Coker, 650 S.W.2d 391, 393 (Tex.1983). Under the proper interpretation of the lease, the evidence establishes conclusively that BP did not breach the lease agreement by refusing to pay Lessors an additional $450 per acre. See City of Keller v. Wilson, 168 S.W.3d 802, 810 (Tex.2005) (<HOLDING>) (quoting Robert W. Calvert, “No Evidence” & Options: A. holding that we must sustain legal sufficiency or noevidence challenge if record shows that evidence conclusively establishes opposite of vital fact and matter is established as matter of law if reasonable people could not differ as to conclusion to be drawn from evidence B. holding that the court had the discretion to grant the summary judgment motion based on the fact that it was unopposed by plaintiff during the time allowed by the rules of civil procedure C. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand D. recognizing the court must grant a noevidence motion if the evidence establishes conclusively the opposite of the vital fact E. holding that evidence attached to noevidence motion shall not be considered but motion should not be disregarded or treated as traditional motion

assistant: The best answer is D. recognizing the court must grant a noevidence motion if the evidence establishes conclusively the opposite of the vital fact
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: 1125(a)). Section 1125(a) also prohibits a practice called “reverse palming off,” in which the defendant sells the plaintiffs product under the defendant’s name. See id. (describing reverse passing off under 15 U.S.C. § 1125(a)). The typical reverse palming off case involves a situation where the defendant acquires a product manufactured by the plaintiff, removes the plaintiffs mark, affixes the defendant’s mark, and sells it as the defendant’s product. See id. at 1300 n. 27; Waldman Publ. Corp. v. Landoll, Inc., 43 F.3d 775, 779-780 (2d Cir.1994) (describing typical reverse palming off scenario). Courts also recognize claims for reverse palming off where the defendant acquires the plaintiffs product, modifies it slightly, and sells it as its own. See Montgomery, 168 F.3d at 1300 n. 27 (<HOLDING>); Woodke v. Dahm, 873 F.Supp. 179, 189-91 Options: A. holding that plaintiffs infringement claim against defendants laterdeveloped product would be barred by laches and estoppel found applicable to earlier product if subsequent product is equivalent to earlier one under doctrine of equivalents B. holding that defendants incorporation of plaintiffs computer product into its own cdrom product could constitute claim under 15 usc 1125a C. holding statements of product superiority and that product was industry approved were puffery D. holding that a plaintiffs belief that a product could fail in the future is not without more a legal injury sufficient to support plaintiffs claim E. holding that whether a product is within comment k should be determined on a case by case basis where it is shown that the product is unavoidably unsafe and product of exceptional social need

assistant: The best answer is B. holding that defendants incorporation of plaintiffs computer product into its own cdrom product could constitute claim under 15 usc 1125a
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 notices required or permitted under this Agreement must be in writing and may be delivered personally or by mail, postage prepaid, addressed to (a) the Company at InnerWorkings, Inc., 600 West Chicago Avenue, Suite 850, Chicago, IL 60654, Attention: Corporate Secretary and (b) the Participant at the Participant’s address as shown on the Company’s payroll records, or to such other address as the Participant, by notice to the Company, may designate in writing from time to time.

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: argues that the lower courts erred in finding that Mother established cause under Section 2901 to proceed with the anticipated adoption of Children by Grandfather despite the fact that Mother did not relinquish her parental rights. Specifically, Father emphasizes that the purpose of permitting the involuntary termination of a parent’s rights in the context of an adoption is to “protect the integrity and stability of the new family unit,” Appellant’s Brief at 10, which he maintains would not be achieved by the proposed adoption in the instant case because Grandfather would not b ccording to Father, both of those cases demonstrate that cohabitation is essential to forming a family unit and, thus, an adoption is not permitted where the parties will not be living together as an in (2001) (<HOLDING>). Relying on those cases, Father asserts that Options: A. holding that domestic partner who assumed a parental status over her partners child and performed parental duties with the partners permission stood in loco parentis to the child and had standing to seek partial custody and visitation B. holding that the requisites for in loco parentis status are the actual care and custody of a child by a nonparent who assumes parental duties because the parent generally due to his or her absence is unable or unwilling to care for the child C. recognizing the due process rights of legal guardians who had raised child for over eight years and stood in loco parentis to the child to be given a full and meaningful opportunity to be heard at a dependency hearing under chapter 1304 rcw D. holding that party standing in loco parentis has standing to seek custody of child E. holding that although samesex partner may have been able to prove her status as a de facto parent such status was not sufficient to establish parental rights to custody and visitation over the objection of the biological mother

assistant: The best answer is A. holding that domestic partner who assumed a parental status over her partners child and performed parental duties with the partners permission stood in loco parentis to the child and had standing to seek partial custody and visitation
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 have been that this person, who was also African-American, had in fact been the man who robbed the cab driver. 4 . The cab driver was not initially presented with a photo array because the detective thought the driver had not "seen the robber's face well enough.” 5 . One count, relating to the robbery of the other man, was dismissed by the State just prior to trial. 6 . Kelly suggests this was an improper statement. The State characterizes it as a "slip of the tongue” corrected by the prosecutor. No objection was made at trial. 7 . In Cromedy, the New Jersey court held that, although not entitled to expert testimony, the defendant was entitled to a jmy instruction on this issue. See Cromedy, 727 A.2d at 467-68. 8 . See United States v. Smith, 122 F.3d 1355, 1359 (11th Cir.1997) (<HOLDING>); United States v. Serna, 799 F.2d 842, 849 (2d Options: A. holding failure to exercise discretion is abuse of discretion B. holding it was not an abuse of discretion to deny funds C. holding it was not an abuse of discretion to exclude testimony D. holding the courts ruling to admit or exclude evidence will only be reversed if it constituted an abuse of discretion amounting to an error of law E. holding that we review for abuse of discretion a decision to exclude a document for lack of authentication

assistant: The best answer is C. holding it was not an abuse of discretion to exclude testimony
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: office, be it the actual lease, a short form of the lease, or the notice as prescribed in section 713.10(2), must contain a provision expressly prohibiting such liability. As such, we find no merit in appellant’s first argument. In its second issue on appeal, appellant contends that its interest cannot be subject to the liens at issue because neither the Lease nor the Amendment required Montgomery Ward’s desired impr 55) (noting that the court had previously construed section 84.03(2) to make the lessor’s interest in the leased property liable for any construction work done by a lessee “only if the lease agreement required the lessee to make the alterations or to effect the improvements involved”); Miracle Ctr. Dev. Corp. v. M.A.D. Constr., Inc., 662 So.2d 1288, 1289 (Fla. 3d DCA 1995) (<HOLDING>); Van D. Costas, Inc. v. Rosenberg, 432 So.2d Options: A. holding that the lease pro vision granting the lessee the option of constructing improvements did not make the construction the pith of the lease B. holding that the lessors interest in the leased property was subject to liens because it was perfectly obvious that the parties knew that the improvements at issue were the pith of the lease and that except for them the lease would not have been executed and because the improvements were essential to the purpose of the lease C. holding that a lessors interest can only be subject to liens arising from improvements performed on the leased property if the lease required the improvements or if under judicial interpretation the improvements were the pith of the lease D. holding that the mere fact that the parties to a lease may contemplate that the lessee will make improvements to the property is insufficient to subject the lessors interests to mechanics liens and that the lease must instead expressly or impliedly require the requirements to be made E. holding that the lease at issue which set forth that the tenant may at its own expense make alterations and improvements did not require the lessee to make the improvements and that the alterations and improvements did not constitute the pith of the lease

assistant: The best answer is C. holding that a lessors interest can only be subject to liens arising from improvements performed on the leased property if the lease required the improvements or if under judicial interpretation the improvements were the pith of the lease
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: we need not reach the issue whether the challenged statement constitutes an allegation or á factual statement. As the Eskildsens point out, and as our review of the record demonstrates, Inline did not move to strike the affidavit at issue. In Ex parte Secretary of Veterans Affairs, 92 So.3d 771 (Ala.2012), our supreme court reiterated the requirements for successfully challenging the admissibility of an affidavit submitted in support of or in opposition to a motion for a summary judgment, writing: “Cases decided after Perry [v. Mobile County, 533 So.2d 602 (Ala.1988),] have not always been clear in holding that a party challenging the admissibility of an affidavit must object to the affidavit and move to strike it. See Ex parte Diversey Corp., 742 So.2d 1250, 1253-54 (Ala.1999) (<HOLDING>); Elizabeth Homes, L.L.C. v. Cato, 968 So.2d 1, Options: A. holding that the court can consider inadmissible evidence if the party against whom it is offered does not object to the evidence by moving to strike it B. holding it is well settled that an error in admission of evidence is cured where the same evidence comes in elsewhere without objection defense counsel must object every time allegedly inadmissible evidence is offered C. holding that the trial courts damages award was against the manifest weight of the evidence because it was based upon inadmissible evidence D. holding that court can consider inadmissible evidence in the context of a motion for preliminary injunction E. holding that an arbitration agreement enforceable against party who signed the agreement even where the other party did not sign it because generally it is enough that the party against whom the contract is sought to be enforced signs it

assistant: The best answer is A. holding that the court can consider inadmissible evidence if the party against whom it is offered does not object to the evidence by moving to strike it
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: use meta tags or code or other devices containing any reference to tinder or the service ( or any trademark , trade name , service mark , logo or slogan of tinder ) to direct any person to any other website for any purpose .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of N.M., 1976-NMCA-039, ¶ 7; see also § 10-7E-8(A) (creating the PELRB). The PEBA does not expressly delegate any authority to the PELRB to hear complaints involving grandfathered public employers. But, by implication, the PELRB has the power to determine in the first place whether a public employer or aspects of its labor relations system meet the conditions.for grandfather status. See Deming Firefighters Local 4521, 2007-NMCA-069, ¶ 14 (“[T]he PELRB has ¶ 6 (“[Because the PEBA does not apply, the [PELRB] does not have jurisdiction.”), We therefore agree with the district court’s conclusion that the PELRB did not have jurisdiction to hear AFSCME’s complaints and that it did not act “in accordance with law” when it remanded the complaints to the LMRB. See Regents, 1998-NMSC-020, ¶ 16 (<HOLDING>). Complaints cannot be “remanded” to a tribunal Options: A. holding that cis rejection of visa renewal application was not arbitrary capricious an abuse of discretion or otherwise not in accordance with law B. holding that an agencys decision is to be set aside only if it is arbitrary capricious an abuse of discretion or otherwise not in accordance with law C. recognizing that a court may reverse the pelrbs actions where those actions are arbitrary capricious or an abuse of discretion not supported by substantial evidence on the record taken as a whole or otherwise not in accordance with law D. holding that court may set aside lsc decisions that are arbitrary and capricious or are not based on substantial evidence E. holding an authority ruling may only be set aside if arbitrary capricious an abuse of discretion or otherwise not in accordance with law

assistant: The best answer is C. recognizing that a court may reverse the pelrbs actions where those actions are arbitrary capricious or an abuse of discretion not supported by substantial evidence on the record taken as a whole or otherwise not in accordance with law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the period commencing on the Termination Date and ending on the fourth anniversary thereof, Executive shall use reasonable efforts to make himself available as a witness in any action, investigation or other proceeding before any court, government agency, arbitrator, or mediator, in which he may be called to appear by the Company, regarding any business, property, or operations of the Company or any of its affiliates, parents or subsidiaries, and shall truthfully testify in any such action, proceeding or deposition in which he also appears. Upon request by Executive and prior approval by the Company, the Company shall reimburse Executive for reasonable travel expenses incurred by Executive in connection with any such appearance in which Executive is so called to appear.

assistant: Cooperation
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: Unless otherwise provided in an applicable Award Agreement with respect to a Permitted Waiver Event, upon a Participant’s termination of service with the Company and its Subsidiaries during the applicable Restricted Period, all Phantom Shares subject to such Restricted Period shall be forfeited by the Participant. Notwithstanding the foregoing, the Committee may, when it finds that a waiver upon a Permitted Waiver Event would be in the best interests of the Company, waive in whole or in part any or all remaining forfeiture and other restrictions with respect to such Participant’s Phantom Shares; provided , however , if the Award to a Covered Employee is intended to qualify as “performance-based compensation” under section 162(m) of the Code, such waiver may be only upon a termination due to death or disability or a Change of Control of the Company or such other event permitted by section 162(m) of the Code.

assistant: Forfeitures
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: properties of source, special nuclear, or byproduct material.... 42 U.S.C. § 2014(q) (emphasis added). In its Amended Complaint, PADEP alleges that the release of Sr-90 caused “structural contamination” to the buildings at the site, which required those structures to be “remove[d] and dispose[d].” (Doc. 3, Amend. Compl. ¶ 19.) Furthermore, the public record reflects that “Sr-90 had leached to the surface of the concrete resulting in ... volumetric[ ] contamination].” Commission Notice, 71 Fed.Reg. at 59,840. These allegations are sufficient to meet the statutory definition of a “nuclear incident.” See Pa. v. Gen. Pub. Utils. Corp., 710 F.2d 117, 123 (3d Cir.1983), superceded by statute on other grounds as recognized by In re TMI Litig. Cases Consol. II, 940 F.2d 832, 857 (3d Cir.1991) (<HOLDING>). LMC also contends that it meets the second Options: A. holding evidence which established that use of property was permissive showed use of property was not adverse B. holding that buyers of real property who were in constructive possession of the property had made a down payment and had signed a contract to purchase at the time of the loss had an insurable interest in the property despite a court determination two years after the loss that the agreement to purchase was not binding C. holding that at that preliminary stages of litigation a claim of even temporary loss of use of property irrespective of any causallyrelated permanent physical harm to property is adequate to assert the occurrence of a nuclear incident D. recognizing that a temporary use of property does not automatically create an expectation of privacy in that property E. holding that where the real value of an anchoring system design is in the idea not in the physical plans that memorialize it any loss in value of the design represents a loss in the value of the idea which is not a loss of use of tangible property

assistant: The best answer is C. holding that at that preliminary stages of litigation a claim of even temporary loss of use of property irrespective of any causallyrelated permanent physical harm to property is adequate to assert the occurrence of a nuclear incident
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: all par ties were notified prior to oral argument of this court’s intention to consider the issue, and both sides have filed briefs directed to this issue. 15 To the extent that the case of United Air Lines v. Industrial Welfare Com. (1963) 211 Cal.App.2d 729, 744 [28 Cal.Rptr. 238], supports the contention that state regulation of working conditions is invalid outside the realm of health and safety provisions, that decision is disapproved. Numerous legislative enactments and judicial authorities make it clear that the states possess broad authority, under their police power, to prescribe minimum standards of employer conduct found necessary to protect the welfare of employees, even when health or safety considerations are not directly implicated. (See, e.g., 42 U.S.C. § 2000e-7 (<HOLDING>); 15 U.S.C. § 1677 (recognizing validity of Options: A. recognizing validity of state antidiscrimination provisions B. recognizing the validity of exclusive jurisdiction retention provisions in a plan C. recognizing continuing validity of the butner decision D. recognizing the validity of the product rale E. holding that the mere fact that a cba contains antidiscrimination provisions regulating conduct that also violates state law does not render the state law dependent on the terms of the contract

assistant: The best answer is A. recognizing validity of state antidiscrimination provisions
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 payment of cash or property to Grantee, or to Grantee’s legal representatives, heirs, legatees or distributees, in accordance with the provisions hereof, shall, to the extent thereof, be in full satisfaction of all claims of such persons hereunder. The Partnership may require Grantee or Grantee’s legal representatives, heirs, legatees or distributees, as a condition precedent to such payment or issuance, to execute a release and receipt therefor in such form as it shall determine.

assistant: Releases
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 Borrower shall immediately notify the Borrower Representative of the occurrence of any Default hereunder referring to this Agreement describing such Default and stating that such notice is a “notice of default.” In the event that the Borrower Representative receives such a notice, the Borrower Representative shall give prompt notice thereof to the Administrative Agent; the Collateral Agent, the UK Security Trustee and the Lenders. Any notice provided to the Borrower Representative hereunder shall constitute notice to each Borrower on the date received by the Borrower Representative.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received a certificate (in form and substance reasonably satisfactory to the Administrative Agent) from the Chief Financial Officer and Treasurer of the general partner of the Parent Guarantor certifying that the Parent Guarantor and its Subsidiaries, considered as a whole, after giving effect to the transactions contemplated hereby to occur on the Closing Date, are Solvent.

assistant: Solvency
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: dissident on his return to Burma. Under the Refugee Protocol and the 1980 Refugee Act, the United States as a nation is committed and bound to protect “refugees” from persecution by providing protections to prevent the return of a refugee to her country of nationality where she is unwilling to return because of a well-founded fear of persecution on account of a protected ground such as a political opinion. Refugee Protocol arts. 1, 33; 1980 Refugee Act §§ 101(a), 201. Accordingly, the Ninth Circuit has held that an applicant may establish eligibility for asylum or entitlement to withholding solely on the basis of a likelihood of persecution on account of her political activities since arriving in the United States. See, e.g., Ghadessi v. INS, 797 F.2d 804, 807-08 (9th Cir.1986) (<HOLDING>); Sakhavat v. INS, 796 F.2d 1201, 1203-04 (9th Options: A. holding that an asylum applicant must establish a fear of reprisal on account of having demonstrated opposition to the government policy B. holding that a wellfounded fear requires petitioner to show more than a generalized or random possibility of persecution C. holding petitioner could establish wellfounded fear of persecution on account solely of involvement in activities in opposition to iranian government since arrival in us D. holding that such a report provided substantial evidence to support the conclusion that petitioner failed to demonstrate a wellfounded fear of future persecution E. holding that even a ten percent chance of persecution may establish a wellfounded fear

assistant: The best answer is C. holding petitioner could establish wellfounded fear of persecution on account solely of involvement in activities in opposition to iranian government since arrival in us
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: 540 U.S. -, 124 S.Ct. 1019, 157 L.Ed.2d 1016 (2004) (citing United States v. Henry, 447 U.S. 264, 270, 100 S.Ct. 2183, 65 L.Ed.2d 115 (1980) and Michigan v. Jackson, 475 U.S. 625, 632 n. 5, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986)). 20 . See United States v. Cuong Gia Le, et al., Criminal No. 03-48-A (E.D.Va. December 9, 2003) (Ex Parte Order). 21 . Only one of the six charged defendants — • Cuong Gia Le — had been charged prior to the return of the Superseding Indictment. 22 . See Schwartz, 372 F.2d at 682 (citing Mallory, 354 U.S. at 454, 77 S.Ct. 1356). 23 . The statute also provides a limited "safe harbor" for a voluntary confession made after arrest, but before arraignment, "if such confession was made or given by such person within six hours immediately following (6th Cir.1991) (<HOLDING>); United States v. Elkins, 774 F.2d 530, 534 n. Options: A. holding texas law governs the procedural matter of preservationoferror requirements even if another jurisdictions law governs substantive issues B. holding that 3501 not mcnabbmallory governs the admissibility of confessions in federal court C. holding that federal law governs remedies available under title ix D. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law E. holding that federal common law governs equitable remedies available under erisa

assistant: The best answer is B. holding that 3501 not mcnabbmallory governs the admissibility of confessions in federal court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that all discoveries, concepts, ideas, inventions, innovations, improvements, developments, methods, designs, analyses, drawings, reports, patent applications, copyrightable work and mask work (whether or not including any Confidential Information) and all registrations or applications related thereto, all other proprietary information and all similar or related information (whether or not patentable) which relate to Parent’s, the Company’s or any of their Subsidiaries’ actual or anticipated business, research and development or existing or future products or services and which are conceived, developed or made by Executive (whether alone or jointly with others) while employed by Parent, the Company or any Subsidiary, whether before or after the date of this Agreement (“ Work Product ”), shall be deemed to be “work made for hire” (as defined in the Copyright Act, 17 U.S.C.A. § 101 et seq ., as amended) and belong exclusively to Parent, the Company or such Subsidiary. Executive shall promptly disclose such Work Product to the Board and, at Parent’s expense, perform all actions reasonably requested by the Board (whether during or after the Employment Period) to establish and confirm such title and ownership (including, without limitation, assignments, consents, powers of attorney and other instruments).

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: This Agreement has been granted as a “Performance Award” under the Plan and will be construed consistently with the Plan. In the event of any conflict between the provisions of the Plan and this Agreement, the provisions of the Plan shall control. The Committee has the right, in its sole discretion, to amend this Agreement from time to time in any manner for the purpose of promoting the objectives of the Plan but only if all other Performance Share Award Agreements under the Plan that are then in effect at the time of such amendment are also similarly amended with substantially the same effect. Any such amendment of this Agreement will, upon adoption by the Committee, become and be binding and conclusive on all persons affected by it without requirement for consent or other action by any such person. The Company will give you written notice of any such amendment of this Agreement as promptly as practicable after it is adopted.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to determine the materiality of the breach. The Ninth .Circuit was the first to formulate that federal law defines the term executory contract, but that “the question of the legal consequences of one party’s failure to perform its remaining obligations under a contract is an issue of state contract law. While the principles of contract law do not differ greatly from one jurisdiction to another, to the extent they do, a bankruptcy court should determine whether one of the parties’ failure to perform would give rise to a ‘material breach’ excusing performance by the other party under the contract law applicable to the contract ...” Hall v. Perry (In re Cochise College Park, Inc.), 703 F.2d 1339, 1348 n. 4 (9th Cir.1983); see also In re Streets & Beard Farm Partnership, 882 F.2d at 235 (<HOLDING>); In re Terrell, 892 F.2d at 471-72 (6th Options: A. holding that the definition of assessed is a federal question not a state law question while maryland law establishes certain events with respect to the imposition of a tax federal law determines whether those events constitute an assessment B. holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur C. holding that federal courts sitting in diversity should apply state law that determines the outcome of the case D. holding for 1983 actions that although state law determines the limitations period federal law determines when the claim arises E. holding that while state law determines the existence of a claim federal law determines when a claim arises for bankruptcy purposes

assistant: The best answer is B. holding that federal law determines definition of executory contract but that state law determines whether a material breach of the contract could occur
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: that there is no coverage for diminished value claims are: Siegle v. Progressive Consumers Ins. Co., 00-1503 (Fla. App. 4th Dist.6/13/2001), 788 So.2d 355 (finding no ambiguity and concluding there was no reading of the policy that obligated the insurer to pay for inherent diminution in market value where the insurer’s liability was limited to the lesser of the actual cash value of the property or the “amount necessary to repair or replace the property with other of the like kind and quality;” this loss is simply not the type of damage that is subject to repair and, thus, is not a covered loss where the policy |islimits the insurer’s liability to the amount necessary to repair the vehicle); Rezevskis v. Aries Ins. Co., 2000-1985 (Fla.App. 3 Dist. 3/14/2001), 784 So.2d 472, 474 (<HOLDING>); O’Brien v. Progressive Northern Ins. Co., Options: A. holding that the repair or replace limitation of liability capped the insurers liability at the amount necessary to return the car to substantially the same condition as before the loss and did not include liability for loss due to stigma on resale B. holding that joint and several liability for entire actual loss could have been imposed on each fraud defendant as condition of probation C. holding that limitation of liability clause was unambiguous D. holding car lessee specifically contracted with car lessor for liability for any and all loss or damage to rental car thus barring recovery from insurer under exclusion for liability assumed by contract E. holding that if the insurer has any liability at all to the owner for a building damaged by a covered peril and deemed a total loss that liability is for the face amount of the policy citation omitted emphasis in original

assistant: The best answer is A. holding that the repair or replace limitation of liability capped the insurers liability at the amount necessary to return the car to substantially the same condition as before the loss and did not include liability for loss due to stigma on resale