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: In any infringement Action brought under the Synlogic Delivered Microbe Patent Rights pursuant to Section 4.3.2(b) or (c), each Party shall, and shall cause its Affiliates to, reasonably cooperate with the other Party, in good faith, relative to the other Party’s efforts to protect the Synlogic Delivered Microbe Patent Rights. Notwithstanding the above, neither Party shall settle or compromise any related defense or infringement Action brought pursuant to Section 4.3.2(b) or (c) in a manner that diminishes the scope of or has an adverse effect on the validity of the Synlogic Delivered Microbe Patent Rights without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed. Furthermore, the Party initiating any infringement Action pursuant to Section 4.3.2(b) or (c) shall provide the other Party with reasonable prior notice and opportunity to review and comment on, and shall consider in good faith all reasonable and timely comments from such other Party on, any proposed arguments asserted or to be asserted in litigation related to the enforcement or defense of any such Patent Rights pursuant to Section 4.3.2(b) or (c),.

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: Except as provided in Section 6.7, any non-time barred, legally actionable controversy or claim arising out of or relating to this Agreement shall be subject to arbitration as provided in Section 8 of the PIIA (including the provisions for injunctive relief pursuant to Section 9(B) of the PIIA in the circumstances set forth therein).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the information was omitted for the specific purpose of perpetrating a fraud and not simply because the debtor was careless or failed to fully understand his attorney’s instructions.” In re Dubrowsky, 244 B.R. at 571-72. Additionally, the party objecting to discharge under Section 727(a)(4)(A) must prove that the debtor made the intentionally false statement “ “with respect to a material matter, that is one bearing a relationship to the debtor’s business transactions or estate or which would lead to the discovery of assets, business dealings or existence or disposition of property.’” In re Murray, 249 B.R. at 228 (quoting Walters v. Sawyer (In re Sawyer), 130 B.R. 384, 394 (Bankr. E.D.N.Y. 1991)). See St. Clair v. Cadles of Grassy Meadows II, LLC, 550 B.R. 655, 674 (E.D.N.Y. 2016) (<HOLDING>); Gardner v. Gardner (In re Gardner), 384 B.R. Options: A. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code B. holding that an item is material if it is related to the debtors business transactions or estate which would lead to the discovery of assets business dealings or existence or disposition of property quoting in re murray 249 br at 228 C. holding that the debtors false statements about the location of assets of the estate were material to the proceedings D. holding that if dispute involves funds that are not property of estate it cannot be maintained in the bankruptcy court unless it is related to the bankruptcy proceeding which means it is likely to affect the debtors estate E. holding that a claim which impacts the ultimate disposition of the bankruptcy estate is included in related to jurisdiction under 1334b

assistant: The best answer is B. holding that an item is material if it is related to the debtors business transactions or estate which would lead to the discovery of assets business dealings or existence or disposition of property quoting in re murray 249 br at 228
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, request, demand or other communication to be given hereunder shall be in writing and, if to Borrower, delivered or mailed to it, at the address specified on the signature page hereto or if to Lender, mailed or delivered to it, at the address specified on the signature page hereto. All such communications shall be deemed given or made when delivered via overnight delivery service or personal service or, if mailed, forty-eight (48) hours after being deposited in the mail with postage prepaid, in an official depository maintained by the United States Post Office for the collection of mail, except that notices from Borrower to Lender pursuant to any provision herein shall not be effective until received by Lender. Unless otherwise provided under applicable law, if there is more than one Borrower hereunder, any notice given by Lender to any Borrower is deemed to be notice given to all Borrowers.

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 Company and its subsidiaries maintain adequate insurance covering its properties, operations, personnel and businesses. All such insurance is in full force and effect, except where the failure to be in full force and effect has not had and would not, individually or in the aggregate, be reasonably expected to have, a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Section 2.10(a) of the Company Disclosure Schedule lists all patents, patent applications, trademark registrations and pending applications for trademark registration, copyright registrations and pending applications for copyright registration and internet domain name registrations that are owned by any Target Company (collectively, the “ Registered Company Intellectual Property ”). Each Target Company owns (free and clear of all Liens except Permitted Liens) or has the right to use all Intellectual Property owned by such Target Company, or used by such Target Company in connection with its business as presently conducted (collectively, the “ Company Intellectual Property ”).

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: Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the transactions contemplated hereby shall be brought in any federal or state court located in the State of New York, and each of the parties hereby consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 13.2 shall be deemed effective service of process on such party.

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 case excerpt and choose the best holding from the options. Case excerpt: reopened. See In re International Yacht and Tennis, Inc., 922 F.2d 659, 662 (11th Cir.1991) ("The effect of this change most likely is to permit reconsideration of claims once a case is reopened.”) (citing Collier Bankruptcy ¶ 502.10, 502-106 (15th ed.1979, Rel. 24-11/87 Pub. 219); Advisory Committee Note to Bankruptcy Rule 3008 (1983); In re Associated Air Services, 100 B.R. 106, 107 (S.D.Fla.1988) (no clear time limit for motions for reconsideration); In re Turchon, 62 B.R. 461, 464 n. 3 (Bankr.E.D.N.Y.1986) (motion for reconsideration may be made upon reopening of case)). See also In re Adkins, 425 F.3d 296, 308 (6th Cir.2005) ("Reconsideration under § 502(j) can occur even after a plan is confirmed.”); United States v. Levoy (In re Levoy), 182 B.R. 827, 831-32 (9th Cir. BAP 1995) (<HOLDING>). 4 . See also In re Singleton, 269 B.R. 270, Options: A. holding that 60day time limit for notice of appeal in civil cases not 10day limit in criminal cases applies to 2255 proceedings B. holding that claims consideration in bankruptcy has no express time limit C. holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional D. recognizing that the power of disallowance of claims conferred on the bankruptcy courts embraces the rejection of claims in whole or in part according to the equities of the case and emphasizing that a bankruptcy court may therefore limit the amount of claims in view of equitable considerations E. holding that the crossappeal time limit is jurisdictional

assistant: The best answer is B. holding that claims consideration in bankruptcy has no express time limit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The term of Executive’s employment under this Agreement shall be effective on October 26, 2016 (the “ Effective Date ”), and shall continue until December 31, 2019 (the “ Initial Expiration Date ”), provided that on the Initial Expiration Date and each subsequent anniversary of the Initial Expiration Date, the term of Executive’s employment under this Agreement shall be automatically extended for one additional year unless either party provides written notice to the other party at least 180 days prior to the Initial Expiration Date (or any such anniversary, as applicable) that Executive’s employment hereunder shall not be so extended (in which case Executive’s employment and this Agreement shall terminate on the Initial Expiration Date or expiration of the extended term, as applicable); provided , however , that Executive’s employment and this Agreement may be terminated at any time pursuant to the provisions of Section 4. The period of time from the Effective Date through the termination of this Agreement and Executive’s employment hereunder pursuant to its terms is herein referred to as the “ Term ”; and the date on which the Term is scheduled to expire (i.e., the Initial Expiration Date or the scheduled expiration of the extended term, if applicable) is herein referred to as the “ Expiration Date ”.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the service and all the materials , information , software , facilities , services and other content in the site are provided `` as is '' and `` as available '' without warranties of any kind , either express or implied .

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: The Borrower will not permit any Person other than a Company to acquire, directly or indirectly, beneficially or of record, shares representing more than thirty-five percent (35%) of the aggregate ordinary voting power represented by the issued and outstanding capital stock of any Subsidiary of the Borrower, except as otherwise permitted under Section 9.10 or Section 9.11 .

assistant: Subsidiaries
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: zynga reserves the right to stop offering and/or supporting the service or a particular game or part of the service at any time either permanently or temporarily , at which point your license to use the service or any part of it will be automatically terminated or suspended .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: de novo to determine whether they misstated the law or misled the jury to the prejudice of the objecting party. United States v. Grigsby, 111 F.3d 806, 814 (11th Cir.1997). Counsel’s objections to proposed instructions should be sufficient to give the district court the chance to correct errors before the case goes to the jury. Id. We will reverse the district court because of an erroneous jury instruction only if we are left with a substantial and ineradicable doubt as to whether the jury was properly guided in its deliberations. United States v. Fulford, 267 F.3d 1241, 1245 (11th Cir.2001). Pursuant to the law of this Circuit, exclusive control over the object is not required in order to establish constructive possession. See United States v. Knight, 705 F.2d 432, 433 (11th Cir.1983) (<HOLDING>); see also United States v. Leonard, 138 F.3d Options: A. holding that k no wing possession can be demonstrated by proof of either actual or constructive possession B. holding when drugs are found on premises exclusive control provides significant proof of constructive possession C. holding that constructive possession need not be exclusive but may be shared by others D. holding that the phrase possession or custody in 5225b requires actual and not merely constructive possession E. recognizing theory of constructive possession

assistant: The best answer is C. holding that constructive possession need not be exclusive but may be shared by others
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: a rental substitute was unavailable, and clearly the truck does not qualify as the type of property which is not normally rented. Consequently, option number three is also inapplicable. Thus, the appropriate means of measuring damages for loss of use is rental value. In cases where the owner of damaged property is in the business of hiring the property out, courts recognize that the rental value also reflects gross profits and hence must be adjusted accordingly. Oil Screw Noah’s Ark v. Bentley & Felton Corp., 322 F.2d 3, 8 (5th Cir.1963) (“Detention [amount of time without the property], generally speaking, may be calculated by gross operating profits less savings, or net profits plus out-of-pocket expenses.”); Brown v. Zimbrick Logging, Inc., 273 Or. 463, 541 P.2d 1388, 1392 (1975) (<HOLDING>); Remedies, supra § 5.11, at 388. Therefore, Options: A. holding that under michigan law evidence of other products to which the plaintiff may have been exposed is relevant to rebut the plaintiffs claim B. holding that trial courts award which was less than that established by plaintiffs evidence sufficiently reflected any wear and tear and depreciation which plaintiff may have realized C. holding jury can award less than uncontradicted evidence supported for attorneys fees D. holding that award and rate of prejudgment interest are within trial courts discretion E. holding that the trial courts damages award was against the manifest weight of the evidence because it was based upon inadmissible evidence

assistant: The best answer is B. holding that trial courts award which was less than that established by plaintiffs evidence sufficiently reflected any wear and tear and depreciation which plaintiff may have realized
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 Applicant shall have used reasonable best efforts to ensure that the Administrative Agent shall have received evidence in form and substance reasonably satisfactory to it that all of the requirements of Section 7.5 of this Agreement shall have been satisfied. The Applicant shall have used reasonable best efforts to cause the Administrative Agent and the other Secured Parties to have been named as additional insured with respect to liability policies and the Collateral Agent to have been named as loss payee with respect to the property insurance maintained by the Applicant and the Subsidiary Guarantors.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 408 F.3d 301, 305 (6th Cir.2005) (reaffirming that “we as an appellate court must still have the articulation of the reasons the district court reached the sentence ultimately imposed.”) Later in United States v. Williams, 436 F.3d 706 (6th Cir.2006), we considered what weight should be given the appropriate advisory guideline range when considering whether a sentence is reasonable. Despite the fact that under Section 3553(a) the advisory guidelines are but one of many sentencing factors to be considered, and without a reasoned explanation, the Williams panel “join[ed] several sister circuits in crediting sentences properly calculated under the Guidelines with a rebutta-ble presumption of reasonableness.” Id. at 708; See United States, v. Mykytiuk, 415 F.3d 606, 608 (7th Cir.2005) (<HOLDING>); United States v. Lincoln, 413 F.3d 716, 717 Options: A. holding that we may apply a presumption of reasonableness to a sentence within the guidelines range B. recognizing that this court applies an appellate presumption of reasonableness to a withinguidelines sentence C. recognizing this presumption D. recognizing a presumption of reasonableness E. recognizing presumption

assistant: The best answer is D. recognizing a presumption of reasonableness
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: 68.03(b)(2). See- Minn. R. Civ. P. 68.03(b)(2). The result here is that BNSF twice paid the costs Boyd incurred from the date of the settlement offer. There is no federal equivalent to Minnesota Rule 68.03(b)(2). With this framework in mind, we consider whether Rule 68.03(b)(2) is substantive or procedural. The United States Supreme Court has -. acknowledged that there.is no “precise rule” to distinguish between a substantive law and a procedural law in the FELA context. St. Louis Sw. Ry. Co. v. Dickerson, 470 U.S. 409, 411, 105 S.Ct. 1347, 84 L.Ed.2d.303 (1985). But it is apparent that the definition of “substantive” in FELA cases is expansive, encompassing state laws that by ordinary nomenclature would, be regarded- as “procedural.” See,. e.g., Brown, 338 U.S. at 296, 70 S.Ct. 1-05 (<HOLDING>); see also 20 Charles Alan Wright & Mary Kay Options: A. holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery B. holding that pleading rules are substantive C. holding that state substantive rules of decision apply in federal diversity cases D. holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading E. holding that liberal pleading standards of rules 8 and 9 applied to prayer for punitive damages

assistant: The best answer is B. holding that pleading rules are substantive
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: have found a scar sufficient to constitute serious physical injury. See State v. Nival, 42 Conn.App. 307, 678 A.2d 1008 (1996)(where jury observed the victim’s one-half-inch facial scar and evidence was presented that the scar was permanent there was sufficient evidence to create jury question as to whether the victim had suffered a serious physical injury); State v. Anderson, 370 N.W.2d 708 (Minn.Ct.App.1985)(a long scar present two and one-half years after the injury was a serious permanent disfigurement); State v. Bledsoe, 920 S.W.2d 538 (Mo.Ct.App.1996)(a one- and-one-half-inch cut on the victim’s chin leading to scarring, a one-and-one-half-inch scar on lower lip, and a sear between her eyes constituted serious disfigurements); State v. Pettis, 748 S.W.2d 793 (Mo.Ct.App.1988)(<HOLDING>); People v. Wade, 187 A.D.2d 687, 590 N.Y.S.2d Options: A. holding that specific intent is not element of assault resulting in serious bodily injury B. holding that serious physical injury as applied to firstdegree assault would include a fourinch permanent scar as a result of a knife wound C. holding that variance between indictment alleging that defendant threw a knife at the victim and proof that the knife fell out of the defendants hand as he was stabbing the victim was not fatal to conviction for aggravated assault D. holding that victims injuries went beyond serious injury necessary to indict for an assault with a deadly weapon with intent to kill or inflict serious injury and constituted the permanent disfigurement contemplated by ncgs 14324 E. holding that variance between indictment alleging that defendant held knife to victims neck and proof that defendant only pointed knife at victim was not fatal to conviction for aggravated assault

assistant: The best answer is B. holding that serious physical injury as applied to firstdegree assault would include a fourinch permanent scar as a result of a knife wound
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: this product is licensed under the h. 264/avc , mpeg-4 visual , and the vc-1 patent portfolio licenses for the personal and noncommercial use of a consumer to ( a ) encode video in compliance with the standards ( `` video standards '' ) and/or ( b ) decode h. 264/avc , mpeg-4 visual , and vc-1 video that was encoded by a consumer engaged in a personal and noncommercial activity and/or was obtained from a video provider licensed to provide such video .

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: in determining whether an insurer has breached its duty to defend is not the raw chronological delay in an insurer’s filing a declaratory judgment action, but whether the insurer waited until trial or settlement was imminent. Westchester Fire Insurance Co. v. Heileman Brewing Co., 321 Ill. App. 3d 622, 634, 747 N.E.2d 955, 965 (2000). In the instant case, Aetna breached its duty to defend at least some of the underlying suits because Aetna did not bring the declaratory judgment action until 11 months after i Rourke for the full amount of the settlements in those cases. For those cases in which the trial court determines that Aetna did not breach its duty to defend, Aetna should be allowed to raise coverage defenses. See Employers Insurance, 186 Ill. 2d at 151-52, 708 N.E.2d at 1135 (<HOLDING>). The court should then determine whether any Options: A. holding that duty to defend ends when it is apparent there is no potential for coverage B. recognizing that policy determines duty C. holding that insurer had a continuing duty to defend D. holding that an insurer can normally dispute coverage even after a court determines there is a duty to defend E. holding where there is no duty to defend there is no duty to indemnify

assistant: The best answer is D. holding that an insurer can normally dispute coverage even after a court determines there is a duty to defend
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: Medgenics will maintain complete and accurate records of all work conducted with respect to the Initial Development, which, for clarity, includes records for work performed pursuant to the Material Transfer Agreement, including without limitation the “ Testing Data ” and “ Requalification Data ” (each as defined in the Material Transfer Agreement), and all other results, information, data, data analyses, reports, records, methods, processes, practices, formulae, instructions, skills, techniques, procedures, experiences and developments made by or on behalf of Medgenics in the course of conducting the Initial Development (collectively, “ Initial Development Data ” ). For clarity, the SAS dataset from the Signal Finding Study will be included in the Initial Development Data. The Parties will hold a telephonic or in person meeting at least once each calendar quarter for sharing updates and discussing action plans on issues related to the Initial Development, including, but not limited to, the requalification of the Existing Clinical Material, the Signal Finding Study, and non-GMP process development. Medgenics will disclose to KHK any clinical trial data from the Signal Finding Study received from the Children ’ s Hospital of Philadelphia ( “ CHOP ” ) promptly after Medgenics receives such data. Medgenics will maintain the Initial Development Data in its database and will upon KHK ’ s request, use good faith efforts to provide KHK with a copy or an electronic file of the Initial Development Data for KHK ’ s use within ***** of receipt of such request. Additionally, upon KHK ’ s reasonable request, Medgenics will provide to KHK a copy or an electronic file of the topline data from the completed Signal Finding Study in its possession within ***** following receipt of such request. The topline data will consist of the summary tables of efficacy and safety, as defined in the Study Protocol, and will be compiled and prepared following database lock and all necessary QA/QC activities.

assistant: Records
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: Your job title will continue to be Chief Operating Officer and you will be expected to devote all of your business time and efforts to the performance of the duties and responsibilities normally associated with this position, including those that will from time-to-time be assigned to you by the Chief Executive Officer and any others within the Company to whom he may delegate from time to time. Notwithstanding the foregoing, you will be permitted to serve on the boards of directors of charitable organizations and perform charitable activities that do not interfere in any material manner with your duties under this Agreement.

assistant: Duties
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: Before any such entry on the Property by Buyer or the Buyer Group, Buyer shall, at no expense to Seller, provide and maintain, or cause to be provided and maintained by such member of the Buyer Group seeking access to the Property, (i) workers’ compensation insurance, to the extent required under the Workers’ Compensation Law of the State of Texas, and (ii) commercial liability insurance, from an insurer reasonably acceptable to Seller, in the amount of One Million and No/100 Dollars ($1,000,000.00) combined single limit for personal injury and property damage per occurrence ($2,000,000.00, in the aggregate). All such insurance shall be in form and with deductible limits reasonably satisfactory to Seller and with insurance companies authorized to do business in the state in which the Property is located. Buyer’s liability insurance shall include blanket contractual liability coverage insuring the indemnity obligations of Buyer under this Agreement. All such insurance shall be written on an occurrence basis and name Seller, its Local Property Manager, lender and others as required by Seller, provided that the names of such parties are provided to Buyer by Seller prior to the Effective Date, as additional insureds, which insurance shall provide coverage against any claim for personal liability or property damage caused by the Buyer or its agents, employees or contractors in connection with such inspections and tests. Prior to Buyer’s or the Buyer Group’s first entry on any portion of the Property, Buyer shall furnish certificates of insurance to Seller, in form and substance reasonably satisfactory to Seller, evidencing the coverage required under clauses (i) and (ii) above, which certificates will provide that such insurance shall not be cancelled or changed until at least thirty (30) days’ written notice is given to Seller.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1 We note that the Supreme Court of Georgia recently vacated portions of the trial court’s injunction order in Barham v. City of Atlanta, 292 Ga. 375 (738 SE2d 52) (2013). 2 Am. Petroleum Prods., Inc. v. Mom & Pop Stores, Inc., 231 Ga. App. 1, 7 (3) (497 SE2d 616) (1998) (punctuation omitted). 3 Levine v. Sun Trust Robinson Humphrey, 321 Ga. App. 268, 275 (3) (740 SE2d 672) (2013) (punctuation omitted). 4 Am. Petroleum Prods., 231 G 215 SE2d 294) (1975) (“[When] the complaining party cannot legitimately claim surprise, either because he knew of the existence of the witness or had equal means of knowing, it is not error to fail to invoke the sanctions of postponement, mistrial, barring the witness, etc.”). Cf. Malley Motors, Inc. v. Davis, 183 Ga. App. 599, 600 (1) (359 SE2d 394) (1987) (<HOLDING>). 18 See Hunter v. Nissan Motor Co. Ltd. of Options: A. holding that promises made by the prosecution to a witness in exchange for that witness testimony relate directly to the credibility of the witness B. holding that a trial court abused its discretion by excluding the testimony of an expert witness where the testimony would have been relevant to show that the defendant breached a duty of care C. holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness D. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case E. holding that the jury is the judge of the weight and credibility given to witness testimony

assistant: The best answer is C. holding that trial court abused its discretion in permitting the testimony of a witness who was not listed in the pretrial order and no reason was given for the failure to list the witness
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 shall refrain from making any false or disparaging comments about the Company and its personnel, products, and services in any form or medium, including but not limited to postings on any social media, blog, or website. The management of the Company shall likewise refrain from making any false or disparaging comments about Executive or his competence, qualifications, or character in any form or medium including but not limited to postings on any social media, blog, or website.

assistant: Non-Disparagement
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 Reinsurance Agreement shall commence on the Inception Date and continue in force until: (a) such time as the Reinsurer’s Liability with respect to all Reinsured Liabilities terminates, which will be the earlier of (i) the date that the Reinsured’s liability with respect to the Reinsured Liabilities is terminated and all amounts due to the Reinsured under this Reinsurance Agreement with respect to the Reinsured Liabilities have been paid and (ii) the date that the Reinsurer has actually paid an aggregate net amount in respect of Ultimate Net Loss equal to the Aggregate Limit; or (b) the Reinsurance Agreement is terminated by the mutual written consent of the Parties. Subject to the fulfillment of the Reinsured’s obligations under Article III, the Reinsured and the Reinsurer agree that this Reinsurance Agreement cannot be cancelled by either Party.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to obtain the action the plaintiff desires from the directors or comparable authority and, if necessary, from the shareholders or members, and the reasons for the plaintiffs failure to obtain the action or for not making the effort. Fed.R.Civ.P. 23.1. The Supreme Court in Daily Income Fund, Inc. v. Fox discussed the origin of the Rule as having been its 1882 decision in Hawes v. City of Oakland, 104 U.S. 450, 14 Otto 450, 26 L.Ed. 827 (1882), in which the Court established prerequisites to bringing shareholder derivative suits in federal court in an effort to curb the potential for abuse that arose from such suits, which the courts had been commonly entertaining under their equity powers. Daily Income Fund, Inc. v. Fox, 464 U.S. 523, 530, 542, 104 S.Ct. 831, 78 L.Ed.2d 645 (1984) (<HOLDING>). The prerequisites, which were ultimately Options: A. holding that the limitation act does not apply to claims brought under the oil pollution act B. holding that a plaintiff was not obligated to apply for a certificate of convenience and necessity and submit to the administrative procedures incident thereto before bringing an action C. holding that rule 231 does not apply to an action brought by a shareholder under 36b of the investment company act and that a plaintiff in such case need not make a demand before bringing suit D. holding that the limitation act does not apply to claims brought under the park system resource protection act E. holding that the limitation act does not apply to claims brought under the clean water act

assistant: The best answer is C. holding that rule 231 does not apply to an action brought by a shareholder under 36b of the investment company act and that a plaintiff in such case need not make a demand before bringing suit
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: (emphasis in original). In addition to attacking the common course of action which gave rise to the noncompetitive structure of the petroleum industry, the Exxon complaint charged that respondents, as a group, “exercised monopoly power in the refining of petroleum products.” This theory of shared monopoly power was then, and still is, beyond the reach of § 2 of the Sherman Act. This venture into the outer reaches of § 5 of the FTC Act came to an inconclusive end. In re Exxon, 98 F.T.C. 453 (1981) (dismissing action). Antitrust doctrine has yet to adopt the theory that a shared monopoly is a violation of the antitrust laws. See Harkins Amusement Enters., Inc. v. General Cinema Corp., 850 F.2d 477, 490 (9th Cir. 1988), cert. denied, 488 U.S. 1019, 109 S.Ct. 817, 102 L.Ed.2d 806 (1989) (<HOLDING>); cf. Alaska Airlines, Inc. v. United Airlines, Options: A. recognizing general rule B. recognizing admissibility of eeoc reasonable cause determination but declining to adopt per se rule of admissibility C. recognizing that shared monopoly theory was novel and holding that no 2 claim was stated in this case but declining to adopt a general rule D. recognizing this rule E. recognizing this as the general rule

assistant: The best answer is C. recognizing that shared monopoly theory was novel and holding that no 2 claim was stated in this case but declining to adopt a general rule
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 school zones could reduce the willingness of individuals to travel to those areas where violent crime occurs. See id. Third, the government argued that the presence of guns at or around schools detrimentally affects the learning environment, resulting in a less productive citizenry, which in turn adversely affects the Nation’s economic well-being. See id. at 564, 115 S.Ct. 1624. By contrast, Instruction 10 required the government to prove either that the fitness center was owned by a foreign party and leased to another foreign party or that the fitness center used gas supplied from out of state in its operations. Suffice it to say that both of these prongs required proof of a direct, rather than an indirect, effect on interstate commerce. See Russell, 471 U.S. at 862, 105 S.Ct. 2455 (<HOLDING>); Hicks, 106 F.3d at 189 (noting that the Options: A. holding prospectively that a vendees interest in a real estate contract constitutes real estate within the meaning of the judgment lien statute B. holding the real estate sale proceeds C. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner D. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license E. holding that the rental of real estate is unquestionably an activity affecting commerce

assistant: The best answer is E. holding that the rental of real estate is unquestionably an activity affecting commerce
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 agreements and documents described in the Registration Statement and the Prospectus conform in all material respects to the descriptions thereof contained therein and there are no agreements or other documents required by the Securities Act to be described in the Registration Statement and the Prospectus or to be filed with the Commission as exhibits to the Registration Statement, that have not been so described or filed. Each agreement or other instrument (however characterized or described) to which the Company is a party or by which it is or may be bound or affected and (i) that is referred to in the Registration Statement and the Prospectus, or (ii) is material to the Company’s business, has been duly authorized and validly executed by the Company, is in full force and effect in all material respects and is enforceable against the Company and, to the Company’s knowledge, the other parties thereto, in accordance with its terms, except (x) as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally, (y) as enforceability of any indemnification or contribution provision may be limited under the federal and state securities laws, and (z) that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to the equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. None of such agreements or instruments has been assigned by the Company, and neither the Company nor, to the Company’s knowledge, any other party is in default thereunder and, to the Company’s knowledge, no event has occurred that, with the lapse of time or the giving of notice, or both, would constitute a default thereunder. To the best of the Company’s knowledge, performance by the Company of the material provisions of such agreements or instruments will not result in a violation of any existing applicable law, rule, regulation, judgment, order or decree of any governmental agency or court, domestic or foreign, having jurisdiction over the Company or any of its assets or businesses (each, a “ Governmental Entity ”), including, without limitation, those relating to environmental laws and regulations.

assistant: 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: evidence working against him, Defendant cannot establish a reasonable probability that the district court’s explanatory error caused him prejudice. See Cook, 550 F.3d at 1298-99. B. Defendant also challenges the district court’s factual finding that the $8,450.00 found on his person on June 30, 2007 represented the fruits of the drug trade. We review a district court’s factual finding at sentencing for clear error, reversing only if that finding is “wholly without factual support in the record.” United States v. Ivory, 532 F.3d 1095, 1103 (10th Cir.2008). The record in this case, as described above, clearly supports the district court’s conclusion that Defendant obtained the $8,450.00 in question through drug trafficking. See United States v. Brown, 556 F.3d 1108, 1110 (10th Cir.2009) (<HOLDING>). For many of the same reasons we rejected Options: A. holding that the government must prove the facts used in sentencing by a preponderance of the evidence B. holding that under the advisory guidelines a district court should resolve factual disputes at sentencing by applying the preponderance of the evidence standard C. holding that the preponderance standard is generally appropriate in guidelines sentencing D. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard E. holding that in order to satisfy due process findings made at sentencing need only be based upon a preponderance of the evidence

assistant: The best answer is D. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices under this Agreement must be given in writing, by personal delivery facsimile or by mail, if to you, to the address shown on this Agreement (or any other address designated in writing by you), with a copy to Ken Lefkowitz, Esq., Hughes Hubbard & Reed LLP, One Battery Park Plaza, NY, NY 10004, and, if to the Company, to the Chairperson of the Compensation Committee of the Board (or any person or address designated in writing by the Company), with a copy to the attention of the Company’s Chief Legal Officer. Any notice given by mail shall be deemed to have been given three days following such mailing.

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: This Agreement shall terminate and shall cease to be of any further force or effect as of the earlier of (a) such date and time as the Share Purchase Agreement shall have been terminated pursuant to the terms thereof, or (b) the date on which the Public Company Voting Proposal shall have been approved by the requisite holders of Public Company Common Stock (the “ Expiration Date ”); provided , however , that (i) Section 9 shall survive the termination of this Agreement and (ii) the termination of this Agreement shall not relieve any party hereto from any liability for any material and willful breach of this Agreement prior to the Expiration Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: motion would stand alone for the trial court's consideration. 3 . For example, as with the Holubs’ and HTC's post-abatement summary-judgment pleadings, the Law Firm’s post-abatement, traditional summary-judgment motion sought the same relief that its traditional motion for partial summary judgment had, albeit for different reasons. Additionally, the post-abatement motion’s prayer requested a ruling only on that motion; it did not request a ruling on the Law firm's pre-abatement motion for partial summary judgment on which the trial court had not yet ruled. Finally, the post-abatement motion incorporated evidence, implicitly indicating that it would stand alone for the trial court’s consideration. 4 . See In re Estate of Swanson, 130 S.W.3d 144, 148 (Tex.App.-El Paso 2003, no pet.) (<HOLDING>). 5 . One of our sister courts of appeals has Options: A. holding that defendant bore burden of establishing right to summary judgment on basis of statute of repose defense B. holding that a defendant who fails to raise statute of limitations defense in a pretrial motion to dismiss or by requesting a jury instruction on limitations if there is some evidence that the prosecution is limitationsbarred waives that defense C. holding that defendant cannot raise the statute of limitations defense in a noevidence summary judgment motion which otherwise shifts the evidentiary burden D. holding that the defendants waived their affirmative defense of unenforceability by failing to raise the defense in response to the plaintiffs motion for summary judgment which the trial court granted E. holding defense of statute of limitations not waived when asserted in a motion for summary judgment rather than in the answer

assistant: The best answer is C. holding that defendant cannot raise the statute of limitations defense in a noevidence summary judgment motion which otherwise shifts the evidentiary burden