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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a pending Rule 50 and 59 motion divests the Federal Circuit of appellate jurisdiction over an otherwise appealable interlocutory judgment under 28 U.S.C. § 1292(c)(2), see Jurgens v. McKasy, 905 F.2d 382 (Fed.Cir.1990) (motion to amend judgment filed within ten days of judgment relieved appellate court of jurisdiction), this Court asks that Schering inform the Court whether it intends to file an immediate appeal of this judgment or whether it will seek resolution of is post-trial motions before this Court. In either event, the Court also needs to know whether Schering wants this Court to stay a trial on damages. See Second Amended Complaint at ¶ D (seeking damages), ¶ E (seeking an account), and ¶ F (seeking trebled damages); see also In re Calmar, Inc., 854 F.2d 461 (Fed.Cir.1988) (<HOLDING>). Of course, Schering may also appeal the grant Options: A. holding defendant may appeal order stemming from full restitution hearing even though motion for hearing filed ten days after sentencing B. recognizing that a lower court cannot change the law of the case as decided by the highest court hearing a case C. recognizing that court may proceed with damages hearing during appeal in patent case or court may stay that hearing under rule 62 D. holding that this court had jurisdiction over an appeal from a trial court order which remanded the case so that a new hearing examiner could be appointed and a new hearing conducted where the appellant raised the issue of commingling of prosecutorial and adjudicative functions during the original hearing E. holding that the supreme court does not require an evidentiary hearing in every case

assistant: The best answer is C. recognizing that court may proceed with damages hearing during appeal in patent case or court may stay that hearing under rule 62
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: all content and materials available on atlassolutionsgroup.com , including but not limited to text , graphics , website name , code , images and logos are the intellectual property of atlas solutions group inc. , and are protected by applicable copyright and trademark law .

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: [the Fifth] has held that 'it is clear that only a portion of a communication need address a matter of public concern' ”). 123 . 901 F.2d 456 (5th Cir.1990). 124 . Id. at 460-67. 125 . Docket no. 49, Andrade's Declaration, Exhibit 14, at 2. 126 . Docket no. 44, at 2. 127 . Docket no. 49, Andrade’s Declaration, Exhibits 31-32 128 . Id. Andrade's Declaration, at ¶¶ 52-65. 129 . Id. Andrade’s Declaration, at ¶ 52. 1 that a city could be held liable for a persis ; and Doe v. Rains County ISD, 66 F.3d 1402, 1407 (5th Cir.1995). 167 . See Turner, 915 F.2d at 136. The focus of inquiry is on the particular task or duty performed by the official and his or her authority to exercise final control over the performance of that task or duty. See Brady v. Fort Bend County, 145 F.3d at 699-700, (<HOLDING>). 168 . See Colle, 981 F.2d at 244; Turner, 915 Options: A. holding county liable along with sheriff thomas for an attorneys fee award even though the county was not named in the suit and was denied an opportunity to intervene because sheriff thomass actions under article 6869 represented county policy B. holding that a newly elected county sheriff was responsible under applicable texas law for the decision not to rehire sheriffs deputies who had campaigned for the ousted incumbent C. holding that in south carolina sheriffs and deputies are state officials D. holding elected constable not the final policymaker and therefore unconstitutional acts of elected county official not chargeable against the county E. holding that sheriffs deputies were not employed in the service of marshall county and that the county personnel board therefore had no jurisdiction to review their respective terminations ordered by the sheriff

assistant: The best answer is B. holding that a newly elected county sheriff was responsible under applicable texas law for the decision not to rehire sheriffs deputies who had campaigned for the ousted incumbent
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: limitation of any sort on Ms. Chapman’s acknowledged authority was ever communicated to Ms. Santillan. Nor was there any indication that Plaintiff, who visited Ms. Barron at the nursing home a number of times, objected to Ms. Chapman having acted on Ms. Barron’s behalf. To the contrary, Ms. Barron did not limit Ms. Chapman’s authority to act on her behalf in completing the admission paperwork and nothing in the record indicates that either Ms. Barron or Plaintiff ever questioned Ms. Chapman or Ms. Santillan about what would be or had been agreed to as part of the admission process. Like the Carraway, Garrison, and Hogan courts, we view Ms. Barron’s words and actions as indicating No. 98,124, 2008 WL 4140635, at *1-2 (Kan.Ct.App. Sept. 5, 2008) (per curiam) (unpublished table decision) (<HOLDING>); Tex. City-view Care Ctr., L.P. v. Fryer, 227 Options: A. holding that a healthcare power of attorney conferred by a resident to his wife explicitly limited the powers of the agent to those set out in writing in the document B. holding that a healthcare power of attorney includes the authority to bind the principal to an optional arbitration agreement because among other reasons an agent has authority to do everything necessary or proper and usual in the ordinary course of business for effecting the purpose of his agency and that the decision to enter into such agreements in connection with placement in a healthcare facility is a proper and usual exercise of an agents powers internal quotation marks and citation omitted C. holding that a probate courts jurisdiction is limited to that expressly conferred or which is necessarily implied from those expressly conferred D. holding that unless that power is restricted by the principal an agent under a california statutory healthcare power of attorney has the power to execute applicable admission forms including arbitration agreements E. holding a writ was appropriate when the authorization was not limited as to time and not limited to specific healthcare providers

assistant: The best answer is A. holding that a healthcare power of attorney conferred by a resident to his wife explicitly limited the powers of the agent to those set out in writing in the document
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: relationship between parishioner and pastor. By accepting a parishioner for counseling, a pastor also accepts the responsibility of a fiduciary. Often, parishioners who seek pastoral counseling are troubled and vulnerable. Sometimes, they turn to their pastor in the belief that their religion is the most likely source to sustain them in their time of trouble. The pastor knows, or should know of the parishioner’s trust and the pastor’s dominant position. Several jurisdictions have recognized that a clergyman’s sexual misconduct with a parishioner constitutes a breach of a fiduciary relationship. See, e.g., Sanders v. Casa View Baptist Church, 898 F.Supp. 1169, 1176 (N.D.Tex.1995) (denying motion to dismiss breach-of-fiduciary-duty claims against minister); Moses, supra, 863 P.2d at 323 (<HOLDING>); Destefano, supra, 763 P.2d at 284 Options: A. recognizing fiduciary relationship under connecticut law between parishioner and diocese where parishioner had been sexually abused by diocesan priest B. holding record supported jury finding that fiduciary relationship existed between bishop diocese and plaintiff and that such duty was breached C. holding that no special relationship existed between the school and student D. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs E. holding that the district courts finding of no discrimination was not clearly erroneous because the finding was supported by the record

assistant: The best answer is B. holding record supported jury finding that fiduciary relationship existed between bishop diocese and plaintiff and that such duty was breached
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 addition to being entitled to exercise all rights provided herein or granted by law, including recovery of damages, DSS and the Company will be entitled to specific performance under the Transaction Documents. The parties agree that monetary damages may not be adequate compensation for any loss incurred by reason of any breach of obligations contained in the Transaction Documents and hereby agree to waive and not to assert in any action for specific performance of any such obligation the defense that a remedy at law would be adequate.

assistant: Remedies
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: Tenant hereby agrees that except for damage or injury resulting from Landlord's sole active negligence or willful misconduct (subject to the provisions of Section 10.6 above), Landlord and Landlord’s Representatives (as defined in Section 11.2 below) shall not be liable for any damage to property or injury to persons in, on or about the Premises, the Building or the Project, regardless of whether such damage or injury is caused by or results from fire, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or from any other cause, and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Tenant. Landlord shall not be liable for any damages arising from any act or neglect of any other tenant, occupant or use of the Project or from the failure of Landlord to enforce the provisions of any other lease in the Project. Except for damage or injury resulting from Landlord's sole active negligence or willful misconduct (subject to the provisions of Section 10.6 above), Tenant, as a material part of the consideration to Landlord, hereby assumes all risk of damage to property or injury to persons, in, upon or about the Premises, the Building or the Project arising from any cause, and Tenant hereby waives all claims in respect thereof against Landlord.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision in this Transition Agreement is for any reason held to be unenforceable, it shall not affect the enforceability of the remaining provisions and the remaining provisions shall be enforced to the extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: expert witness, testified that the existence of an annual renewable employment agreement between the Foundation and D’Unger was consistent with generally accepted accounting practices and corporate governance standards regarding how corporate officers are employed and compensated. The Foundation’s by-laws provide that “[ejection or appointment of an officer or agent shall not of itself create contract rights.” In light of that evidence, D’Un-ger’s testimony about his understanding of the one-year, renewable term of his employment with the Foundation, standing alone, will not support a finding that the Foundation agreed to an employment contract that limited its right to terminate D’Unger. See Williams v. First Tenn. Nat’l Corp., 97 S.W.3d 798, 804 (Tex.App.Dallas 2003, no pet.) (<HOLDING>). D’Unger was required to present probative Options: A. holding that language in employee handbook stating that it was not to be considered as creating terms and conditions of an employment contract and that the employment relationship was employment atwill was sufficiently explicit to preclude the creation of implied contractual obligations as a matter of law B. holding where employee handbook and employment offer letter disclaimed creation of employment contract that employees testimony of his understanding of terms of agreement did not raise fact issue of specific express and clear agreement contradicting the express provisions of the personnel manual and the employment offer letter C. holding offer of continued atwill employment did not constitute consideration for the arbitration agreement D. holding that under arkansas law employment is atwill unless personnel manual or employment agreement contains express provision that employee shall not be discharged except for cause E. holding that whether a personnel policy manual modifies an employment contract is a question of fact

assistant: The best answer is B. holding where employee handbook and employment offer letter disclaimed creation of employment contract that employees testimony of his understanding of terms of agreement did not raise fact issue of specific express and clear agreement contradicting the express provisions of the personnel manual and the employment offer letter
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: added). According to Defendants, Ater I and Ater II involved the “same claim.” They therefore contend that, even though Plaintiffs filed a notice of dismissal “without prejudice” in Ater II, this language was ineffective to evade the automatic application of the double dismissal rule. At the outset, the Court notes that Ater III, in which Plaintiffs sought a declaratory judgment construing obligations under the hospital’s insurance policy, is of a completely different nature than the claims involved in Ater I, Ater II, or Ater IV. Even though the declaratory judgment action relied on the same factual foundation as the medical malpractice actions, the issues are completely separate and distinct. See Hershiser v. BOS Corp., 69 Ohio App.3d 186, 188, 590 N.E.2d 323, 324 (Ohio Ct.App.1990) (<HOLDING>). The only relevant inquiry, therefore, is Options: A. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order B. holding that plaintiffs were entitled to vacate final order of dismissal as void when they did not receive the motion for dismissal or notice of the hearing on the order until after the dismissal was entered C. holding appealable dismissal on grounds of lack of personal jurisdiction particularly where the plaintiff cannot cure the defect that led to dismissal D. holding district court dismissal of plaintiffs present action did not constitute prior action and thus did not count as third strike E. holding that plaintiffs dismissal of personal injury action and subsequent dismissal of declaratory judgment action concerning extent of tortfeasors insurance coverage did not trigger double dismissal rule

assistant: The best answer is E. holding that plaintiffs dismissal of personal injury action and subsequent dismissal of declaratory judgment action concerning extent of tortfeasors insurance coverage did not trigger double dismissal 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: presented for summary judgment purposes.” Id. at 1020. Additionally, our conclusion resulted from construing the evidence in the light most favorable to the Plaintiff-Appellant. Id. at 1020-21. “We review the district court’s refusal to take judicial notice of proffered materials for an abuse of discretion.” Crawford v. Countrywide Home Loans, Inc., 647 F.3d 642, 649 (7th Cir.2011). Here, we easily conclude that the district court did not abuse its discretion in refusing to take judicial notice of the HPL contract. The district court correctly concluded that Plaintiff-Appellant’s legal argument was not the proper kind of fact that may be judicially noticed under Federal Rule of Evidence 201(b). See Gen. Elec. Capital Corp. v. Lease Resolution Corp., 128 F.3d 1074, 1081 (7th Cir.1997) (<HOLDING>) (citation and quotation marks omitted). HPL’s Options: A. holding trial court order denying states petition for an order of public use and necessity for good cause appearing did not constitute a finding of fact or a conclusion of law B. holding that a bankruptcy courts sale order is a final order for res judicata purposes C. holding that in order for a fact to be judicially noticed indisputability is a prerequisite D. holding it is a question of fact E. holding that the point on appeal and the objection in the trial court must be the same in order for it to be preserved for appeal

assistant: The best answer is C. holding that in order for a fact to be judicially noticed indisputability is a prerequisite
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: amount.” 11 U.S.C. § 502(b); see In re McLaren, 3 F.3d 958, 965-66 (6th Cir.1993); In re Hallahan, 936 F.2d 1496, 1508 (7th Cir.1991). Thus, it is illogical to separate th t in the bankruptcy court’s inherent equitable powers. It has long been the rule that bankruptcy courts sit as courts of equity, see Pepper v. Litton, 308 U.S. 295, 304-05, 60 S.Ct. 238, 244, 84 L.Ed. 281 (1939), and once a court sitting in equity has jurisdiction over the parties to a controversy brought before it, the court can decide all disputed matters and decree complete relief. Alexander v. Hillman, 296 U.S. 222, 242, 56 S.Ct. 204, 211, 80 L.Ed. 192 (1935); see also In re Hallahan, 936 F.2d at 1508; In re Beck Indus., 605 F.2d 624, 634 (2d Cir.1979); cf. Abramowitz v. Palmer, 999 F.2d 1274, 1279 (8th Cir.1993) (<HOLDING>). The bankruptcy court properly exercised such Options: A. holding that bankruptcy court possessed jurisdiction to enter money judgment in noncore proceeding against third party B. holding that after stem bankruptcy judges have the authority to enter interlocutory orders in noncore proceedings and in core proceedings as to which the bankruptcy court may not enter final orders or judgment consistent with article iii absent consent C. recognizing that where a bankruptcy court makes proposed findings of fact and conclusions of law in a noncore proceeding its action would become final and effective if a party did not file timely objections D. holding that in a noncore proceeding a bankruptcy court may enter final orders with the consent of all the parties to the proceeding E. holding that the eleventh amendment does not bar a bankruptcy court from issuing a money judgment against a state under the bankruptcy code

assistant: The best answer is A. holding that bankruptcy court possessed jurisdiction to enter money judgment in noncore proceeding against third party
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If an ISO optionee ceases to be employed by the Company and all Related Corporations by reason of such optionee's death, any ISO of such optionee may be exercised, to the extent of the number of shares with respect to which the optionee could have exercised on the date of the optionee's death, by the optionee's estate, personal representative or beneficiary who has acquired the ISO by will or by the laws of descent and distribution, at any time prior to the earlier of the specified expiration date of the ISO or one year from the date of the optionee's death.

assistant: Death
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 required or permitted hereunder or under any Guaranty Joinder Agreement shall be given, (a) with respect to each Guarantor, at the address of the Company indicated in Schedule 10.02 of the Credit Agreement and (b) with respect to the Administrative Agent or any other Secured Bank Creditor, at the Administrative Agent’s address indicated in Schedule 10.02 of the Credit Agreement. All such addresses may be modified, and all such notices shall be given and shall be effective, as provided in Section 10.02 of the Credit Agreement for the giving and effectiveness of notices and modifications of addresses thereunder.

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: Every notice or other communication relating to this Agreement shall be in writing and shall be mailed to or delivered to the party for whom it is intended at such address as may from time to time be designated by it in a notice mailed or delivered to the other party as herein provided. Unless and until some other address is so designated, all notices or communications by you to the Company shall be mailed or delivered to the Company at its office at 315 Manitoba Avenue, Suite 200, Wayzata, Minnesota 55391, fax 952-476-9801, and all notices or communications by the Company to you may be given to you personally or may be mailed or emailed to you at the applicable address indicated in the Company's records as your most recent mailing or email address.

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: Humbert. It was only - after Tan. received the reports that he learned from the victim herself that she could not identify Hum-bert and she refused to testify. Because the Officers withheld such substantial information from- Tan,- he maintained the criminal proceedings against Humbert without any proper basis. To be sure, once Tan finally possessed this information, he entered a nolle prosequi: Viewing these facts in the light most favorable to Hum-bert, his criminal proceedings and pretrial detention also violated his Fourth Amendment rights. Put differently, the Officers caused legal process to be instituted and maintained against him'without probable cause to believe that he committed a crime. See Manuel v. City of Joliet, — U.S. —, 137 S.Ct. 911, 918, 197 L.Ed.2d 312 (2017) (<HOLDING>). We therefore conclude that the evidence Options: A. holding that the limits of fourth amendment protection relate to the boundary between arrest and pretrial detention B. holding that pretrial detention resulting from legal process unsupported by probable cause violates the fourth amendment C. holding fourth amendment protects right to be free from arrest without probable cause D. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same E. holding that the fourth amendment requires a finding of probable cause as a condition for any significant pretrial restraint of liberty

assistant: The best answer is B. holding that pretrial detention resulting from legal process unsupported by probable cause violates the fourth amendment
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 provisions of this Agreement, Executive will not disparage Employer, its holding, parent or subsidiary entities, or any Affiliate or officer, director, investor, executive, products, practices, services, operations, ethics, management, policies, standards, or methods in any way, at any time. In response to any inquiries from prospective employers regarding Executive’s employment with Employer, Employer will provide a neutral letter of reference (dates of employment, position(s) held and salary at the time of separation from employment) and will indicate that Executive resigned his employment. Nothing in this paragraph shall preclude Executive from testifying honestly if required by law in a proceeding or from participating fully in a governmental investigation.

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 case excerpt and choose the best holding from the options. Case excerpt: an action has not been brought by the real party in interest, the trial court should, before ruling on the merits of an action, “either grant[] a continuance to permit [the real party in interest’s] joinder or correct[] the defect ex mero motu." As in Daniel, where the trial court erred in ruling on the merits before permitting joinder, the trial court, in this case, erred in addressing the merits without first joining Dolven as aparty. We cannot find this failure to join Dolven harmless because, since High Rock will not benefit if the driveway permit is allowed, there is no guarantee that High Rock will pursue the permit on remand or that the DOT would allow High Rock, a non-owner, to proceed with the application. See Booker v. Everhart, 294 N.C. 146, 158, 240 S.E.2d 360, 367 (1978) (<HOLDING>). Accordingly, we reverse and remand so that Options: A. holding that a third party holding legal title to property is a necessary party in an action for equitable distribution B. holding the family court has jurisdiction to join third parties when property is alleged to be marital but is owned by a third party C. holding that the failure to interview and present alibi witnesses and to admit a third party outofcourt confession to the crime was prejudicial D. holding that failure to join necessary party was prejudicial E. holding father waived claim that alleged de facto custodian should have been named as party in child support proceeding by failing to move to join party or to dismiss for lack of an indispensable party

assistant: The best answer is D. holding that failure to join necessary party was prejudicial
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: On the Closing Date (after giving effect to the Transactions on a Pro Forma Basis, which Transactions shall be deemed to be a “Specified Transaction” for such purposes), immediately following the making of each Loan and after giving effect to the application of the proceeds of such Loans, the Borrower on a consolidated basis with its Subsidiaries will be 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 legal provision and list the applicable contract clause categories. Provision: During the continuance of any Event of Default, the Administrative Agent may, and, at the request of the Required Lenders, shall, in each case by notice to the Borrower and in addition to any other right or remedy provided under any U.S. Loan Document or by any applicable Requirement of Law, do each of the following: (a) declare all or any portion of the Commitments terminated, whereupon the Commitments shall immediately be reduced by such portion or, in the case of a termination in whole, shall terminate together with any obligation any Lender may have hereunder to make any Loan and any L/C Issuer may have hereunder to Issue any Letter of Credit or (b) declare immediately due and payable all or part of any U.S. Secured Obligation (including any accrued but unpaid interest thereon), whereupon the same shall become immediately due and payable, without presentment, demand, protest or further notice or other requirements of any kind, all of which are hereby expressly waived by the Borrower; provided , however , that, effective immediately upon the occurrence of any Event of Default specified in Section 9.1(e) , (x) the Commitments of each Lender to make Loans and the commitment of each L/C Issuer to Issue Letters of Credit shall each automatically be terminated and (y) each U.S. Secured Obligation (including in each case any accrued all accrued but unpaid interest thereon) shall automatically become and be due and payable, without presentment, demand, protest or further notice or other requirement of any kind, all of which are hereby expressly waived by the Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall be entitled to participate in those qualified and non-qualified defined benefit, defined contribution, group life insurance, medical, dental, disability and other benefit plans and programs of the Company as from time to time in effect (or their successors) generally made available to other senior executives of the Company of the Executive’s level generally and in such other plans and programs and in such perquisites, as from time to time in effect, as may be generally made available to senior executives of the Company of the Executive’s level generally. For the sake of clarity, this section is not intended to apply to any housing or relocation allowance. The Executive may elect to continue to participate in those basic and executive health insurance plans of MacAndrews & Forbes Incorporated (together with its subsidiaries but excluding the Company, “M&F”) under which the Executive currently participates , in which case the Company will reimburse M&F for the full premium cost of the Executive’s coverage and that of her eligible dependents under those plans.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement or the Amended Five-Year Credit Agreement is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement and the Amended Five-Year Credit Agreement shall not be affected or impaired thereby. The invalidity of a provision hereof or thereof in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Agent nor any Lender may disclose to any Person any confidential, proprietary or non-public information of the Borrower furnished to the Agent or the Lenders by the Borrower (such information being referred to collectively herein as the “ Borrower Information ”), except that each of the Agent and each of the Lenders may disclose Borrower Information (i) to its and its Affiliates’ employees, officers, directors, agents and advisors having a need to know in connection with this Agreement (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Borrower Information and instructed to keep such Borrower Information confidential on substantially the same terms as provided herein), (ii) to the extent requested by any regulatory authority or self regulatory body, (iii) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (iv) to any other party to this Agreement, (v) in connection with the exercise of any remedies hereunder or any suit, action or proceeding relating to this Agreement or the enforcement of rights hereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section 8.08 , (A) to any assignee or participant or prospective assignee or participant, (B) to any direct, indirect, actual or prospective counterparty (and its advisor) to any swap, derivative or securitization transaction related to the obligations under this Agreement and (C) to any credit insurance provider relating to the Borrower and its Obligations, (vii) to the extent such Borrower Information (A) is or becomes generally available to the public on a non-confidential basis other than as a result of a breach of this Section 8.08 by the Agent or such Lender or their Related Parties, or (B) is or becomes available to the Agent or such Lender on a nonconfidential basis from a source other than the Borrower (provided that the source of such information was not known by the recipient after inquiry to be bound by a confidentiality agreement with or other contractual, legal or fiduciary obligation of confidentiality to the Borrower or any other Person with respect to such information) and (viii) with the consent of the Borrower. The obligations under this Section 8.08 shall survive for two calendar years after the date of the termination of this Agreement.

assistant: Confidentiality
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 termination of the Agreement shall not affect Agent’s or any Lender’s rights, or any of the Obligations having their inception prior to the effective date of such termination or any Obligations which pursuant to the terms hereof continue to accrue after such date, and the provisions hereof shall continue to be fully operative until all transactions entered into, rights or interests created and Obligations have been fully paid, disposed of, concluded or liquidated. The security interests, Liens and rights granted to Agent and Lenders hereunder and the financing statements filed hereunder shall continue in full force and effect, notwithstanding the termination of this Agreement or the fact that US Borrowers’ Account or Canadian Borrowers’ Account may from time to time be temporarily in a zero or credit position, until all of the Obligations of each Loan Party have been paid and performed in full after the termination of this Agreement or each Loan Party has furnished Agent and Lenders with an indemnification satisfactory to Agent and Lenders with respect thereto. Accordingly, each Loan Party waives any rights which it may have under the Uniform Commercial Code or PPSA to demand the filing of termination statements with respect to the Collateral, and Agent shall not be required to send such termination statements to each Loan Party, or to file them with any filing office, unless and until this Agreement shall have been terminated in accordance with its terms and all Obligations have been paid in full in immediately available funds. All representations, warranties, covenants, waivers and agreements contained herein shall survive termination hereof until all Obligations are paid and performed in full.

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 legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS THIRD AMENDMENT OR ANY OTHER LOAN DOCUMENT EXECUTED IN CONNECTION HEREWITH OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PERSON HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PERSON WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS THIRD AMENDMENT AND THE OTHER LOAN DOCUMENTS EXECUTED IN CONNECTION HEREWITH BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During your employment with the Company or any of its subsidiaries, you will have access to Confidential Information of the Company and its subsidiaries. For this purpose, “Confidential Information” shall include, without limitation, the identity of customers, personal customer data, strategic plans, sales data and sales strategy, methods, products, procedures, processes, techniques, financial information, vendor and supplier lists, pricing policies, and other confidential, business, competitive, and proprietary information concerning or related to the Company and/or its subsidiaries and their respective businesses, operations, financial conditions, results of operations, competitive positions and prospects (collectively “Confidential Information”). By your acceptance of this grant, you acknowledge your understanding that (i) such Confidential Information and the ability of the Company and its subsidiaries to reserve such Confidential Information for their respective and exclusive knowledge and use is of great competitive importance and commercial value to the Company and its subsidiaries; (ii) the Company has taken and will continue to take actions to protect the Confidential Information; and (iii) the provisions of this Section are reasonable and necessary to prevent the improper use or disclosure of such Confidential Information. Accordingly, you agree that during the term of your employment with the Company or any of its subsidiaries and, following the termination of such employment, until such time as the Confidential Information becomes generally available to the public through no fault of your own or other person under a duty of confidentiality to the Company thereof, you will not, except as required by law or legal process, in any capacity, use or disclose, or cause to be used or disclosed, any Confidential Information you acquired while employed by the Company or any of its subsidiaries. Nothing in this Award Agreement, however, shall be construed to limit or negate the law of torts or trade secrets where it provides the Company with broader protection than that provided herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No event or circumstance has occurred or exists that constitutes a Default or Event of Default. No Obligor is in material default, and no event or circumstance has occurred or exists that with the passage of time or giving of notice would constitute a material default, under any Material Contract other than as is being Properly Contested.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: consent can nevertheless validate a search if it reasonably appears to the police that he does in fact have authority. The State has the burden to show that the person who consented to the search had actual or apparent authority to consent. To meet its burden, the State must provide evidence that a third party either had mutual access to and control over the place that was searched, or that the officers conducting the search reasonably believed facts provided to them by a third party that would have been legally sufficient to justify a search as reasonable. Under the Fourth Amendment, the State must show by a preponderance of the evidence that it was reasonable for officers to proceed on the information they had. Application The State argues that the court of app 566 (9th Cir.1992) (<HOLDING>). MEYERS, J., dissenting. Recently, in Vennus Options: A. holding that child cannot consent to search of parents bedroom B. holding that a defendants sister could consent to a search of only the common areas of their shared house and her own bedroom and explicitly stating that the sister could not consent to search the defendants bedroom because the defendant had a reasonable expectation of privacy in her own bedroom C. holding that a mother had apparent authority to consent to a search of her adult sons bedroom including a closed vinyl bag found in the bedroom D. holding that a third party could consent to a search of her roommates bedroom where she had permission to use the telephone which was located in the roommates bedroom E. holding that a lessee of a home could not consent to a search of a bedroom that was used exclusively by a temporary gratuitous guest because the guest had an expectation of privacy in the bedroom

assistant: The best answer is D. holding that a third party could consent to a search of her roommates bedroom where she had permission to use the telephone which was located in the roommates bedroom
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: about the statements. Townley, 472 F.3d at 1274; United States v. Gary, 999 F.2d 474, 479 (10th Cir.1993) (citing United States v. Wolf, 839 F.2d 1387, 1395-96 (10th Cir.1988)); see also Crawford v. Washington, 541 U.S. 36, 59 n. 9, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004) (“The [Confrontation] Clause does not bar admission of a statement so long as the declarant is present at trial to defend or explain it.”). Both Burnett and Medved testified and were cross-examined about the subjects of each of these statements, so even if they were admitted in error, their admission was harmless. III. Conclusion For the foregoing reasons, we AFFIRM Rutland’s convictions. 1 . Neither the defense nor prosecution asked for a James hearing. See United States v. James, 590 F.2d 575, 582 (5th Cir.1979) (<HOLDING>). 2 . During oral argument, Rutland's counsel Options: A. holding that statements by a cooperating coconspirator to known authorities made after the commencement of cooperation are not admissible under rule 801d2e because such statements are not made in furtherance of the conspiracy B. holding a trial court should not allow a jury to hear outofcourt coconspirator declarations before holding a hearing outside the jurys presence to determine whether such statements are admissible under federal rule of evidence 801d2e C. holding that post arrest statements made by coconspirator to law enforcement officer were not admissible under rule 801d2e but admission of testimony was harmless because officers testimony was cumulative D. holding statements by coconspirator nontestimonial and thus admissible E. holding that the confrontation clause does not require a showing of unavailability as a condition precedent to the admission of the outofcourt statements of a nontestifying coconspirator

assistant: The best answer is B. holding a trial court should not allow a jury to hear outofcourt coconspirator declarations before holding a hearing outside the jurys presence to determine whether such statements are admissible under federal rule of evidence 801d2e
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 Amendment is limited as specified and the execution, delivery and effectiveness of this Amendment shall not operate as a modification, acceptance, termination, impairment or waiver of any provision of the Award Agreement except as specifically set forth herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer has all requisite corporate power and authority, and has taken all corporate action necessary (including, if necessary, seeking and/or obtaining equity holder approval), to execute and deliver this Agreement and any Transaction Agreement to which it is a party, to consummate the transactions contemplated on its part hereby and thereby, and to perform its obligations hereunder and thereunder.

assistant: Powers
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: 8.3.3 you may not bring any additional individuals to an experience , event or other host service unless such an individual was added by you as an additional guest during the booking process on the airbnb platform .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: vimeo expressly disclaims any and all warranties of any kind , whether express or implied , including , but not limited to the implied warranties of merchantability , fitness for a particular purpose , non-infringement , and any other warranty that might arise under any law .

assistant: None