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: Q: What did you say? A: I said, okay. Thank you. Q: Do you recall anything more that was said by either you or Mr. [Mauk] during this conversation? A: No, sir. Q: Did you tell Mr. [Mauk] that you would be willing to come back and work the hours that you had normally working at Vulcan? A: No, sir. Q: Would you have been willing to come back and do that at that point? A:' No, sir. Q: Not even after 59 or whatever number of days off? A: No, sir. PI. Dep. at 143 1. 2 — 144 1. 8. Contrary to plaintiffs assertions, therefore, the fact that plaintiff was told he could return to work if he were willing to work seventy hour weeks indicates that defendant’s supervisors did not regard him as having a substantially limiting impairment. See Gaul v. AT & T, Inc., 955 F.Supp. 346, 351 (D.N.J.1997) (<HOLDING>); Penchishen v. The Stroh Brewery Co., 932 Options: A. holding that employer did not regard plaintiff as disabled where it repeatedly attempted to return him to work B. holding that an employer did not regard the plaintiff as disabled C. holding that an employer did not regard an employee with an impaired ankle as disabled where it encouraged her to work in a position that required walking D. holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project E. holding that an employer does not necessarily regard an employee as disabled simply by finding the employee to be incapable of satisfying the singular demands of a particular job

assistant: The best answer is D. holding that an employer did not regard the employee as disabled because it called the employee back from disability leave to work on a special project
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 378 U.S. 124 84 S.Ct. 1657 12 L.Ed.2d 743 DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR STATE OF CALIFORNIA et al.v.AMMEX WAREHOUSE CO. OF SAN YSIDRO, INC., et al. No. 919. Supreme Court of the United States June 15, 1964 Stanley Mosk, Atty. Gen. of California, E. G. Funke, Asst. Atty. Gen., and Felice R. Cutter and Warren H. Deering, Deputy Attys. Gen., for appellants. George D. Byfield, for appellees. PER CURIAM. 1 The motion to affirm is granted and the judgment is affirmed. Hostetter v. Idlewild Bon Voyage Liquor Corp., 377 U.S. 324, 84 S.Ct. 1293. 2 Mr. Justice BLACK and Mr. Justice GOLDBERG dissent for the reasons stated in the dissenting opinion in Hostetter v. Idlewild Bon Voyage Liquor Corporation, supra.

assistant: 10
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: stalking. See Roach v. Brower, 180 So.3d 1142, 1144 (Fla. 2d DCA 2015). “Each incident of stalking must be proven by competent, substantial evidence to support an injunction against stalking.” Touhey v. Seda, 133 So.3d 1203, 1204 (Fla. 2d DCA 2014). When considering the sufficiency of the evidence, “[c]ourts apply a reasonable person standard, not a subjective standard, to determine whether an incident causes substantial emotional distress.” Id. (internal quotation marks omitted). Here, Ms. Schack testified that Appellant banged on her door and left her a letter and a check. Employing a reasonable person standard, it is difficult to see how this behavior would rise to the level of causing “substantial emotional distress.” See Leach v. Kersey, 162 So.3d 1104, 1106-07 (Fla. 2d DCA 2015) (<HOLDING>). Furthermore, even viewing the evidence in the Options: A. holding that the plaintiff had placed her medical condition in controversy by alleging that she had suffered severe mental or emotional distress B. holding the petitioner abandoned her cat claim when she failed to raise it in her initial appellate brief C. holding that the trial court erred by granting the defendants motion to dismiss D. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any E. holding that because petitioner failed to demonstrate that she suffered substantial emotional distress after her lovers wife contacted her through social media and the telephone the trial court erred in granting the injunction against stalking

assistant: The best answer is E. holding that because petitioner failed to demonstrate that she suffered substantial emotional distress after her lovers wife contacted her through social media and the telephone the trial court erred in granting the injunction against stalking
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 the event that insurance proceeds are paid to the indemnified party respecting an event to which an indemnification right applies hereunder, such indemnification right shall apply only to the extent that the amount of loss, claim, or other liabilities, etc. indemnified against exceeds such insurance proceeds actually paid to the indemnified Party; provided however, that: (a) this Section shall not apply to the extent it conflicts with, is prohibited by, or would invalidate, any such insurance policy; and (b) collection of such insurance proceeds shall not be a condition precedent to asserting or collecting such indemnification.

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: number of animals in an enclosed space made cat A209057 more susceptible to disease and chronic infection. The evidence showed that the bedroom containing approximately 50 cats smelled strongly of urine and feces and that the residence contained only four litter boxes. Many of the cats suffered infections. Cat A209057 suffered an infection so severe that it led to its demise. Although defendant may have believed that she was saving the stray cats from certain death, a reasonable person would understand that her actions caused cat A209057 to exist in an unsanitary environment where the cat became so sick that animal control personnel deemed it necessary to euthanize the animal. Common sense tells us that defendant’s actions were inhumane. See Larson, 379 Ill. App. 3d at 650-51 (<HOLDING>). Thus, we determine that a person of ordinary Options: A. holding because determination of guilt and whether mercy should be recommended should be made in one proceeding by the same jury petitioner is entitled to a new trial on the burglary charge B. holding after bairesreyes was decided that 16b is void for vagueness in the context of the ina C. holding that determination of whether someone is an employee under the adea must be made in accordance with common law agency principles D. holding that in making a determination as to whether a statute is void for vagueness common sense should not be suspended and criminal acts cannot always be defined with absolute precision because of the limits of the english language E. holding that common knowledge and common sense of one skilled in the art must be considered in determining obviousness

assistant: The best answer is D. holding that in making a determination as to whether a statute is void for vagueness common sense should not be suspended and criminal acts cannot always be defined with absolute precision because of the limits of the english language
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 set forth in Section 2.11 of the Disclosure Schedules, since December 31, 2014, (a) the Company and each Company Subsidiary and, to the Knowledge of the Company, with respect thereto each director, officer, employee and representative of the Company and the Company Subsidiaries, in their capacities as such, have been, and have conducted their business, in compliance in all material respects with all Applicable Laws and Good Utility Practice and (b)(i) neither the Company nor any Company Subsidiary has received any written notice of any alleged material violation of Applicable Law from any Person (other than violations which have been withdrawn, resolved or otherwise remedied), and (ii) there are no material pending, or to the Knowledge of the Company, threatened, hearings, investigations or other Proceedings with respect to any such violation. The foregoing representations and warranties set forth in this Section 2.11 shall not apply to matters related to Taxes (which are dealt with exclusively in Section 2.17 ).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: twenty days of such seizure.” 18 U.S.C. § 924(d)(1). Although this is a question of first impression in the courts of appeals, a number of district courts have published opinions addressing this very question. See, e.g., United States v. Assorted Firearms, 201 F.Supp.2d 496, 498 (D.Md.2002) (noting that “where ... administrative proceedings are timely instituted, a subsequent judicial action need not be instituted within 120 days of the seizure”); United States v. Sixty Firearms, 186 F.Supp.2d 538, 545 (M.D.Pa.2002) (stating that administrative proceedings would be foiled by a process requiring the judicial action to be commenced within the same 120-day period); United States v. Miscellaneous Firearms, Explosives, Destructive Devices & Ammunition, 150 F.Supp.2d 988, 992 (C.D.Ill.2001) (<HOLDING>); United States v. Twelve Firearms, 16 Options: A. holding that a california habeas petition is timely if filed within a reasonable time B. holding that the charge was timely when filed within the statute of limitations period even though served after the period C. holding that an action for consequential damages to property whether the action is brought in contract or in tort is an action for injury to property within the threeyear statute of limitations D. holding that as long as alleged breach of a continuing duty occurred within six years of the filing of the lawsuit the claim is timely E. holding that a forfeiture action is timely so long as at least an administrative action is filed within the 120day statutory period

assistant: The best answer is E. holding that a forfeiture action is timely so long as at least an administrative action is filed within the 120day statutory period
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 the Company Subsidiaries maintain or cause to be maintained insurance with respect to all of the Properties with financially responsible insurers in such amounts and covering such risks which the Company, acting reasonably, believes are adequate in all material respects for the operation of its business. All premiums due and payable on the insurance policies held by or on behalf of the Company and the Company Subsidiaries relating to the Properties have been paid and no notice of cancellation or termination has been received by the Company or any Company Subsidiary (or the Person that maintains such insurance policies on their behalf) with respect to any such policy.

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: No. 238, p. 28). Thus, a cause of action for “breach of good faith” appears to be the crux of the instant count. As this Court previously noted, “[a] cause of action for a breach of the duty of good faith and fair dealing has been recognized by the courts.” 882 F.Supp. at 1031 (citing Scheck v. Burger King Corp., 798 F.Supp. 692 (S.D.Fla.1992)). However, “a claim for breach of the implied covenant of good faith and fair dealing cannot be maintained under Florida law absent an allegation that an express term of the contract has been breached.” Barnes v. Burger King Corp., 932 F.Supp. 1420, 1439 (S.D.Fla.1996). The Barnes court also noted that its holding was consistent with the Eleventh Circuit’s position in Alan’s of Atlanta, Inc., v. Minolta Corp., 903 F.2d 1414, 1429 (11th Cir.1990) (<HOLDING>). Accordingly, this Court granted Anthony leave Options: A. holding that the duty of good faith and fair dealing is a contractual duty B. holding that there can be no implied contractual term at variance with an express term of a contract C. holding that the defendant did not establish good faith as a matter of law D. holding that under georgia law the duty of good faith cannot be breached apart from an express contractual term E. holding that employment manuals express disclaimer superseded alleged implied contractual term

assistant: The best answer is D. holding that under georgia law the duty of good faith cannot be breached apart from an express contractual term
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except such as have been obtained or made and are in full force and effect and except any filings of the Mortgages or any of the foregoing which are immaterial in nature and except for filings necessary to perfect Liens created under the Loan Documents, as contemplated by Section 3.16 , (b) will not violate any applicable law or regulation or the charter, by-laws or other organizational documents of any Loan Party or its Subsidiaries or any order of any Governmental Authority, (c) will not violate or result in a default under any material indenture, agreement or other instrument binding upon any Loan Party or its Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by any Loan Party or its Subsidiaries and (d) will not result in the creation or imposition of any Lien on any asset of any Loan Party or its Subsidiaries except Liens created under the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 2.3 , the execution, delivery and performance of the Exchange Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Exchanged Notes and reservation for issuance and issuance of the Exchanged Conversion Shares) will not (i) result in a violation of the Certificate of Incorporation (as defined below) or any other organizational documents of the Company or any of its Subsidiaries, any capital stock of the Company or any of its Subsidiaries or Bylaws (as defined below) of the Company or any of its Subsidiaries, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any of its Subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including foreign, federal and state securities laws and regulations and the rules and regulations of the Nasdaq Capital Market (the “ Principal Market ”) and including all applicable federal laws, rules and regulations) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected except, in the case of clause (ii) or (iii) above, to the extent such violations that would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: general assets of his estate for distribution to the beneficiaries.” Id. at 22-23, 145 S.E. 2d at 357. The Court reiterated this view in the case of In re Edmundson, 273 N.C. 92, 159 S.E. 2d 509 (1968), where it held that such a policy was “unquestionably” an asset of decedent during her lifetime and an asset of her estate upon death, and that the potential right of the administrator of decedent’s estate against the insurance company was a chose in action, an intangible asset. Id. at 95, 159 S.E. 2d at 511-12. In accordance with the rationale of the foregoing cases, the Court has also held that a hospital-expense policy with an insurance company is an asset. Graham v. Insurance Co., 274 N.C. 115, 161 S.E. 2d 485 (1968). See also In Re Scarborough, 261 N.C. 565, 135 S.E. 2d 529 (1964) (<HOLDING>). This decisional authority compels us to Options: A. holding that mississippis wrongful death statute creates an independent cause of action B. recognizing cause of action for wrongful death C. holding that a cause of action for wrongful death is an asset of an estate D. holding a wrongful death action may not be maintained for the death of an unborn child E. recognizing cause of action for wrongful discharge

assistant: The best answer is C. holding that a cause of action for wrongful death is an asset of an estate
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an Eligible Assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (f) of this Section, or (iv) to an SPC in accordance with the provisions of subsection (i) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Indemnitees) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: not to stand on its own, but to be part and parcel of their equal protection claim. Specifically, the First Amendment is relevant to determining whether the CEP burdens the exercise of plaintiffs’ fundamental constitutional rights. See Libertarian Party of Indiana v. Packard, 741 F.2d 981, 984 n. 2 (7th Cir.1984) (discussing the interplay between the First and Fourteenth Amendments with respect to a similar claim); see also Buckley v. Valeo, 424 U.S. 1, 92-93, 96 S.Ct. 612, 46 L.Ed.2d 659 (1976) (initially rejecting plaintiff's First Amendment claim somewhat summarily before addressing plaintiffs’ Equal Protection claim). 11 .Indeed, the two constitutional theories often overlap. See Harrah Independent School Dist. v. Martin, 440 U.S. 194, 197, 99 S.Ct. 1062, 59 L.Ed.2d 248 (1979) (<HOLDING>); see also M.L.B. v. S.L.J., 519 U.S. 102, 120, Options: A. holding that due process and equal protection clauses of fourteenth amendment are not confined to protection of citizens rather they apply to all persons within the territorial jurisdiction B. holding that the due process and equal protection clauses do not trigger tucker act jurisdiction in the courts C. holding that the equal protection and due process clauses of the fifth and fourteenth amendments do not provide a sufficient basis for jurisdiction because they do not mandate payment of money by the government D. holding that the supreme courts decisions construing the equal protection and due process clauses of the fourteenth amendment do not form a checkerboard of bright lines between black squares and red squares E. holding that neither the equal protection and due process clauses of the fourteenth amendment nor article i 2 of the constitution guarantee against errors in the administration of an election

assistant: The best answer is D. holding that the supreme courts decisions construing the equal protection and due process clauses of the fourteenth amendment do not form a checkerboard of bright lines between black squares and red squares
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: people are 4-H alumni. National 4-H Council, http://www.fourhcoun-cil.edu/Market/4hinfo/index. htm (accessed Mar. 21, 2001). The four "H”s stand for head, heart, hands and health. See National 4-H Council, http://www.fourhcoun-cil.edu/Market/4hinfo/4hfactsheet.htm# The 4— H Emblem and Pledge Explained (accessed Mar. 21, 2001). 2 . With regard to a related issue, we note that the district court presumed that plaintiffs had suffered an adverse employment action. We do not address the question of whether plaintiffs' claims of termination from volunteer positions based on protected conduct are equivalent to, or should be analyzed differently from, more traditional claims of termination from salaried government positions. See, e.g., Hyland v. Wonder, 972 F.2d 1129, 1135 (9th Cir.1992) (<HOLDING>). 3 . The defendants do not argue that they are Options: A. holding that loss of an arm includes loss of the hand B. holding that serving as a volunteer constituted a government benefit or privilege and that retaliatory actions with less momentous consequences than loss of employment such as loss of a volunteer position are equally egregious in the eyes of the constitution because a person is being punished for engaging in protected speech C. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss D. holding that the degree of the loss of use of a body part is a question of fact whether the loss is for all practical intents and purposes is a question of law E. holding that the loss of a contract failed to constitute ascertainable loss under cutpa

assistant: The best answer is B. holding that serving as a volunteer constituted a government benefit or privilege and that retaliatory actions with less momentous consequences than loss of employment such as loss of a volunteer position are equally egregious in the eyes of the constitution because a person is being punished for engaging in protected speech
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 represents an amendment and restatement of the Existing Credit Agreement. Any indebtedness under the Existing Credit Agreement continues under this Agreement, and the execution of this Agreement does not indicate a payment, satisfaction, novation, or discharge thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: support for treating the offense as similar to one listed in § 4A1.2(c)(l). See United States v. Booker, 71 F.3d 685, 690 n. 7 (7th Cir.1995) (‘We note that the sentence of one month’s court supervision is a considerably lesser penalty than § 4A1.2(c)’s ‘triggering period’ of at least one year of probation or thirty days of imprisonment.”). The underlying conduct for which Garrett was sentenced was no more serious than a ■ contempt charge. When Garrett was arrested in 2003 for driving without a license, he was on bond from a prior arrest, therefore violating a bond condition which resulted in the bail jumping conviction. The contempt statute is aimed at any person who willfully disobeys a court order. 18 U.S.C. § 402; United States v. Giannattasio, 979 F.2d 98, 100-01 (7th Cir.1992) (<HOLDING>). Both offenses constitute a disobedience of a Options: A. recognizing the subpoena power of the judiciary B. recognizing inherent power of supreme court independent of statutory authority to punish for contempt of court C. holding that in addition to statutory contempt powers city courts have inherent contempt power D. holding that the contempt power is a traditional inherent power of the judiciary rooted in considerations of institutional selfdefense E. recognizing inherent power of courts of appeals

assistant: The best answer is D. holding that the contempt power is a traditional inherent power of the judiciary rooted in considerations of institutional selfdefense
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 order to be regarded as independent.” Sutherland v. Sutherland, 958 A.2d 235, 241 (Del.Ch.2008) (citation and footnote omitted). Accordingly, Tuttle’s friendship with Singer is not a “substantial reason” indicating that he was incapable of making decisions in the best interests of the corporation. II. Without directly resolving the question of Lauren Brisky’s independence, the majority notes that her status as a named defendant and as a member of the Audit Committee “cast some doubt on her ability to independently consider the Shareholders’ claims against the directors!)]” Again, I disagree. Status as a defendant, in and of itself, does not disqualify a person from serving on an SLC. See Kindt v. Lund, No. Civ. A. 17751, 2003 WL 21453879, at *3 (Del. Ch. May 30, 2003) (unpublished) (<HOLDING>); Katell v. Morgan Stanley Group, Inc., Civ. A. Options: A. holding that an slc members status as a defendant does not create a lack of independence B. holding that an illegal immigrants status as a nonresident does not create an exemption allowing him to drive without a valid georgia license C. holding lack of prejudice to the defendant is not good cause D. holding mere status as a director does not create liability where the actions complained of were taken by individual managerial employees of a corporate entity E. holding that filing an answer does not invoke the status as a defendant in plaintiffs lawsuit

assistant: The best answer is A. holding that an slc members status as a defendant does not create a lack of independence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: To the fullest extent permitted by law and the Company’s articles of incorporation and bylaws, the Company hereby indemnifies Executive and holds him harmless from the Effective Date, through the Term, and after the period of Executive’s employment hereunder, from and against all loss, costs, damages, and expenses including, without limitation, legal expenses of counsel (which expenses the Company will, to the extent so permitted, advance to Executive as the same are incurred) arising out of or in connection with the fact that Executive are or was a director, officer, attorney, employee, or agent of the Company or serving in such capacity for another corporation at the request of the Company. This indemnification is in addition to that provided in the Company’s certificate of incorporation and bylaws.

assistant: Indemnifications
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: services as promised by Powell. As an initial matter, contrary to Powell’s narrow construction of the contract, the subject of the contract is Powell’s “Electrical Contractor work for [HP] related to the Willow Substation 34.5KV Breaker Retrofit,” which the evidence shows necessarily included temporarily unhooking the breaker cables from transformer B’s breaker cabinet and then putting them back. This does not appear to have been disputed at trial, and Powell’s own employee averred that “[t]he scope of the Powell/HP contract included the unlanding and relanding of the feeder cables to the circuit breakers.” The contract expressly contemplates that testing and repair costs may be incurred as a result of defective performance by Powell. See McKinney & Moore, Inc., 2009 WL 4577348, at *5 (<HOLDING>); Tennessee Gas Pipeline Co., 2008 WL 3876141, Options: A. holding that medical expenses and wages paid pursuant to employment contract were collateral sources and that defendant could not reduce personal injury damages because of such benefits B. holding that expenses incurred under construction contract were direct damages because they were contemplated in contract provision that required defendant to reimburse plaintiff for damage occurring during work on project and that were caused by negligence or fault of defendant or its agents C. holding that the defendant cannot create contract rights that could have been contemplated but were omitted from the agreement D. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work E. holding that tort claims were arbitrable because they arose out of and were related to contract

assistant: The best answer is B. holding that expenses incurred under construction contract were direct damages because they were contemplated in contract provision that required defendant to reimburse plaintiff for damage occurring during work on project and that were caused by negligence or fault of defendant or its agents
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 proviso in clause (ii) of Section 3.1(a) , the Junior Lien Representative, on behalf of itself and each Junior Lien Secured Party, agrees that, unless and until the Discharge of First Lien Obligations has occurred, it will not commence, or join with any Person (other than the First Lien Secured Parties and the First Lien Representative upon the request thereof) in commencing, any enforcement, collection, execution, levy or foreclosure action or proceeding with respect to any Lien held by it in the Collateral or any other collateral under any of the applicable Junior Lien Documents or otherwise in respect of the applicable Junior Lien Obligations.

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 case excerpt and choose the best holding from the options. Case excerpt: do not criminalize what Weichert and Merriam did in this case. See ante at 399-400, 677 A.2d at 171-172. Whether this is correct or not is not particularly relevant here. Certainly, the fact that a clear mandate of public policy is not incorporated in legislation making its violation a crime does not render it any less a clear mandate of public policy. Many cases of this nature, indeed most, involve a clear mandate of public policy the violation of which is not criminalized. See, e.g., Velantzas v. Colgate-Palmolive Co., 109 N.J. 189, 192, 536 A.2d 237 (1988) (observing that discharge of employee for requesting information relevant to suspected gender-based employment discrimination would be actionable under Pierce)-, Lally v. Copygraphics, 85 N.J. 668, 670-71, 428 A.2d 1317 (1981) (<HOLDING>). The Legislature’s decision not to criminalize Options: A. recognizing cause of action for retaliatory demotion for asserting workers compensation rights B. recognizing the cause of action C. recognizing a tort action when employee was dismissed for filing a workers compensation claim D. recognizing cause of action E. recognizing cause of action under pierce for retaliate ry firing of employee who filed workers compensation action even though specific statutory remedy was available

assistant: The best answer is E. recognizing cause of action under pierce for retaliate ry firing of employee who filed workers compensation action even though specific statutory remedy was available
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 member of Carlson Capital jointly represents and warrants that, as of the date of this Agreement: (a) Carlson Capital, together with all of the Carlson Capital Affiliates, collectively Beneficially Own an aggregate of [2,267,066] Common Shares; and (b) Carlson Capital has not provided or agreed to provide, and will not provide, any compensation in cash or otherwise to any New Director, solely, in his capacity as a director or director nominee of the Company in connection with such New Director’s nomination and appointment to, or service on, the Board.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Expiration or termination of this Agreement shall not affect any rights or obligations of either Party that have accrued prior to such expiration or termination. Without limiting the foregoing, the following provisions shall survive any expiration or termination of this Agreement: Articles I, XIII, XV and XVI, and Sections 2.1.4 (1 st sentence only, to the extent that any In-License Agreement has obligations that survive the termination of DS’s sublicense thereunder), 2.8, 4.4 (to the extent required by Applicable Laws), 4.6, 5.3, 5.5 (to the extent required by Applicable Laws), 5.7 (to the extent required by Applicable Laws), 5.8 (to the extent required by Applicable Laws), 6.7 (last sentence only), 9.1 (with respect to sales of Licensed Products occurring prior to termination), 9.2, 9.3, 9.4, 9.5, 10.1, 11.1, 11.2, 11.3, 12.6, 14.3, 14.4 and 14.5.

assistant: Survival
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 Guaranty shall remain in full force and effect until indefeasible payment in full of the Guarantied Obligations, the cancellation of all Letters of Credit and the other Obligations and the termination or cancellation of the Credit Agreement in accordance with its terms.

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: proposed private tort action also fails to meet the “consistency” standard of the second Sawyer factor, in that this statute is not remedial. Finally, and terminally, these Claimants have not persuaded us, and indeed have not offered any cogent argument, that a private damages action is “clearly necessary” or just plain necessary to enforce the governmental non-disclosure policy of this statute. Conclusion and Order Claimants’ petition for rehearing is denied. The order of May 7, 1997, is reaffirmed. ORDER Epstein, J. This cause is before the Court on Claimants’ complaint. This cause was scheduled for hearing before a Commissioner of this Court on May 10, 1999. No one att r implied tort decisions: e.g., Kelsay v. Motorola, Inc. (1978), 74 Ill. 2d 478, 384 N.E.2d 348, 23 Ill. Dec. 554 (<HOLDING>); Hoover v. May Dept. Stores (1979), 77 Ill. 2d Options: A. recognizing the tort of retaliatory discharge B. holding that employee must prove that the sole reason for their discharge was their filing of a workers compensation claim to prevail on a claim of wrongful discharge under marylands workers compensation act C. recognizing retaliatory discharge tort implied by the workers compensation act D. recognizing implied private retaliatory discharge action under the guardianship and advocacy act E. recognizing cause of action for retaliatory demotion for asserting workers compensation rights

assistant: The best answer is C. recognizing retaliatory discharge tort implied by the workers compensation act
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 consent, waiver, approval, order or authorization of, or registration, declaration or filing with, or notice to any governmental authority is required by, or with respect to, the Company or the Patents in connection with the execution and delivery of this Agreement or the consummation of the transactions contemplated hereby, except for filings and disclosures required under any applicable securities laws. The Company has received the approval of the holders of a majority in interest of the Company’s 5.0% Series F Convertible Preferred Stock outstanding to enter into this Agreement and carry out the transactions contemplated hereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the juror had been sufficiently attentive in response. The Court did not agree with defense counsel’s assertion that the juror had been sleeping during the second day of trial, and stated that it was “pleasantly surprised” with the attention that Juror # 3 had been paying. In refusing to dismiss Juror # 3, the District Court acted well within its broad discretion to decide when to remove a juror, see United States v. Purdy, 144 F.3d 241, 247 (2d Cir.1998), and we will not second-guess the Court’s judgment. B. Ineffective Assistance of Counsel Zhao also asserts that she was denied the effective assistance of counsel because her attorney would not allow her to testify, despite her having repeatedly expressed a desire to do so. See Chang v. United States, 250 F.3d 79, 83 (2d Cir.2001) (<HOLDING>). Defendant’s ineffective assistance claim Options: A. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted B. holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted C. holding that strategic refiling in district court violatefd the spirit of the sixmonth rule internal quotation marks and citation omitted D. holding that regardless of strategic considerations that a lawyer concludes weigh against such a decision a defendant who wishes to testify must be permitted to do so citations and internal quotation marks omitted E. recognizing that absent illegality we do not weigh the wisdom of any particular employment decision internal quotation marks and citation omitted

assistant: The best answer is D. holding that regardless of strategic considerations that a lawyer concludes weigh against such a decision a defendant who wishes to testify must be permitted to do so citations and internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless sooner terminated pursuant to the terms hereof or otherwise extended by mutual written agreement of the Parties, the term of this Agreement shall commence on the Effective Date and shall continue in force and effect until December 31, 2017 (the “Initial Term”), provided, however, that the Parties agree that DSM and its successors-in-interest shall have no obligation under this Agreement after December 31, 2015 to provide manufacturing, processing, purifying, formulating, or finishing Manufacturing services for Product at DSM’s [†] facility located in [†] or at any other facility, but shall be obligated until December 31, 2017 only to provide packaging, labeling, holding, handling, storing, preparing for shipment, inspecting and quality control and stability testing Manufacturing services at Patheon’s [†] facility located in [†] for Product that was filled and finished prior to December 31, 2015 at DSM’s [†] facility located in [†].

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 legal provision and list the applicable contract clause categories. Provision: The Company shall maintain in full force and effect its corporate existence, rights and franchises and all licenses and other rights to use intellectual property owned or possessed by it and reasonably deemed to be necessary to the conduct of its business, unless it is sold for value.

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: Each of the parties hereto represents to the other that it has dealt with no broker, finder or like agent in connection with this Agreement or the transactions contemplated hereby other than the Brokers. Seller shall be solely responsible for any commissions, compensation or other fees due, owed or payable to the Brokers. Each party shall indemnify, defend and hold harmless the other and its respective legal representatives, heirs, successors and assigns from and against any loss, liability or expense, including, reasonable attorneys’ fees, arising out of any claim or claims for commissions or other compensation for bringing about this Agreement or the transactions contemplated hereby made by any other broker, finder or like agent, if such claim or claims are based in whole or in part on their dealings with the indemnifying party. Furthermore, the Seller shall indemnify, defend and hold harmless the Purchaser and the Purchaser’s respective legal representatives, heirs, successors and assigns from and against any loss, liability or expense, including, reasonable attorneys’ fees, arising out of any claim or claims for commissions or other compensation for bringing about this Agreement or the transactions contemplated hereby made by the Brokers.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as otherwise provided , the licence for a digital product is tied to your nintendo account and allows you to use the digital product only on one user device you have linked to your nintendo account and to which the digital product has been downloaded .

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: Seller shall not make any public announcements concerning this transaction without the prior written agreement of the PrivateCo, other than as may be required by applicable law or judicial process. If for any reason the transactions contemplated hereby are not consummated, then the Seller shall return any information received by the Seller from Buyer, and the Seller shall cause all confidential information obtained by Seller concerning Buyer and its business to be treated as such.

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: As of the Effective Date, this Agreement has been duly authorized, executed and delivered by the applicable Additional Party and constitutes a legal, valid and binding agreement of the applicable Additional Party, enforceable in accordance with its terms, except to the extent that enforcement hereof may be limited by bankruptcy, insolvency, fraudulent conveyance, reorganization, moratorium or other Laws affecting enforcement of creditors’ rights or by general equitable principles.

assistant: Authority
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 the event of the Executive’s Termination Upon Change of Control, (a) the Company shall continue to indemnify the Executive against all claims related to actions arising prior to the termination of the Executive’s employment to the fullest extent permitted by law, and (b) if the Executive was covered by the Company’s directors’ and officers’ insurance policy, or an equivalent thereto, (the “ D&O Insurance Policy ”) immediately prior to the Change of Control, the Company or its Successor shall continue to provide coverage under a D&O Insurance Policy for not less than twenty-four (24) months following the Executive’s Termination Upon Change of Control on substantially the same terms of the D&O Insurance Policy in effect immediately prior to the Change of Control.

assistant: Indemnifications