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

user: Read the legal provision and list the applicable contract clause categories. Provision: During and after the Executive’s employment, the Executive shall cooperate fully with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while the Executive was employed by the Company. The Executive’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. During and after the Executive’s employment, the Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while the Executive was employed by the Company. The Company shall reimburse the Executive for any reasonable out‑of‑pocket expenses incurred in connection with the Executive’s performance of obligations pursuant to this Section 8.

assistant: Litigations
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: While this Agreement is in effect and for a period of five years thereafter, and except as otherwise required by law or legal process and after reasonable notice to Employer and opportunity for Employer to intervene, Employee shall hold and keep secret and confidential all Trade Secrets and other confidential or proprietary information of Employer and shall use such information only in the course of performing Employee’s duties hereunder; provided, however, that with respect to “trade secrets” (as defined under applicable law), Employee’s confidentiality obligations shall continue for so long as they remain “trade secrets” under applicable law. Employee shall maintain in trust all such “trade secret” or other confidential or proprietary information, as Employer’s property, including, but not limited to, all documents concerning Employer’s business, including Employee’s work papers, telephone directories, customer information and notes, and any and all copies thereof in Employee’s possession or under Employee’s control. Upon expiration or earlier termination of Employee’s employment with Employer, for any reason, or upon request by Employer, Employee shall deliver to Employer all such documents belonging to Employer, including any and all copies in Employee’s possession or under Employee’s control.

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: EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES (TO THE EXTENT PERMITTED BY APPLICABLE LAW) ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS SUPPLEMENT, THE SERIES 2010-6 NOTES OR ANY OTHER SERIES 2010-6 DOCUMENTS, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN), OR ACTIONS OF THE PARTIES HERETO. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES HERETO TO ENTER INTO THIS SUPPLEMENT.

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: THE VALIDITY, CONSTRUCTION, AND EFFECT OF THIS PLAN AND ANY RULES AND REGULATIONS RELATING TO THIS PLAN SHALL BE DETERMINED IN ACCORDANCE WITH THE LAWS (INCLUDING THOSE GOVERNING CONTRACTS) OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS OF LAWS, AND APPLICABLE FEDERAL LAW. If any provision hereof shall be held by a court or arbitrator of competent jurisdiction to be invalid and unenforceable, the remaining provisions shall continue to be fully effective.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him access to the methamphetamine when he needed it. Thus, the district court did not clearly err in finding § 3Bl.l(c) applicable. See United States v. Turner, 319 F.3d 716, 725 (5th Cir. 2003). Guzman also argues that the district court’s application of the § 3B1.1 enhancement was procedurally improper because the court relied exclusively on the PSR to resolve the issue, failed to explain its reasons for overruling Guzman’s objection to the enhancement, and determined Guzman’s Guidelines range by having an off-the-record discussion with probation officers. These arguments are subject to plain error review, because Guzman did not object to the § 3Bl.l(c) enhancement on these grounds in the district court. See United States v. Mondragon-Santiago, 564 F.3d 357, 361 (5th Cir. 2009) (<HOLDING>). To show plain error, Guzman must show a Options: A. holding that a party may not raise a claim on appeal that was not presented to the trial court B. holding that party waived complaint regarding instruction where it did not raise specific objection C. recognizing that a party has not preserved a claim of procedural error if the party did not raise it in a manner sufficient to alert the district court to the specific error D. recognizing under plain error review that the burden to show that substantial rights have been prejudiced is on the party that failed to raise the issue below and for an error to have affected substantial rights the error must have affected the outcome of the district court proceedings E. holding that plain error review applies when a party fails to raise a claim before the district court

assistant: The best answer is C. recognizing that a party has not preserved a claim of procedural error if the party did not raise it in a manner sufficient to alert the district court to the specific error
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: cases "does not require courts to separately hear and consider evidence pertaining to unfitness and best interests" nor does it require "two different sets of findings and conclusions") Accordingly, the juvenile court did not abuse its discretion when it determined that termination of Mother's parental rights was in the best interests of the Children. IL Denial of Mother's Motion for Substitute Counsel 11 Mother next argues that the juvenile court erroneously denied her day-of-trial motion for substitute counsel because the "total" breakdown in communication between her and her appointed counsel (Counsel) amounted to a deprivation of her statutory right to effective counsel, see Utah Code Ann. § 78A, 6-1111(1)(a) (LexisNexis 2012); In re C.C., 2002 UT App 149, ¶ 9, 48 P.3d 244 (<HOLDING>). Mother does not dispute that the juvenile Options: A. holding because right to counsel is constitutionally guaranteed in parental termination proceeding effective assistance of counsel is also constitutionally required B. recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance C. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel D. holding that a parents statutory right to counsel in termination proceedings guarantees the right to effective counsel E. holding that in parental termination proceedings the parent is entitled to effective assistance of counsel

assistant: The best answer is B. recognizing that the statutory right to counsel in parental termination cases requires that the appointed counsel provide effective assistance
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: describes the purposes of the enterprise as: (1) "[e]nriching defendant MICHAEL SEGAL and the members, associates, partners, employees and agents of the enterprise through, among other things, mail fraud and wire fraud”; and (2) "[p]reserving and protecting the power, territory, and wealth of defendant MICHAEL SEGAL and the enterprise, and promoting and enhancing the size and strength of the enterprise.” (R. 19, Superseding Indictment, Count Nine ¶ 2.) 2 . Further, the underlying district court decision in Richmond affirmed by the Seventh Circuit focuses specifically on the separateness requirement for pleading a RICO enterprise. Richmond v. Nationwide Cassel L.P., 847 F.Supp. 88, 90-93 (N.D.Ill.1994) (citing Haroco v. Am. Nat'l Bank & Trust Co., 747 F.2d 384, 400-01 (7th Cir.1984) (<HOLDING>)). In their affirmance, the Seventh Circuit Options: A. holding that to violate a specific intent statute the defendant must act with the purpose of violating the law B. holding that a person involved in a motor vehicle accident with a customer of enterprise was not a consumer or competitor of enterprise or other business person affected by enterprises conduct C. holding that a defendant may be charged with violating section 2422b even though he is mistaken about the true age of the person with whom he communicated D. holding that the person charged with violating 1962c must be distinct from the rico enterprise E. holding that although plaintiffs failed to adequately allege 1962c claim against professional broker and its officer based on operating or managing enterprise they adequately alleged rico conspiracy to violate 1962a against same defendants

assistant: The best answer is D. holding that the person charged with violating 1962c must be distinct from the rico enterprise
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: without limiting the foregoing , you agree that in conjunction with your use of the app you will not inflict emotional distress on other people , will not humiliate other people ( publicly or otherwise ) , will not assault or threaten other people , will not enter onto private property without permission , will not impersonate any other person or misrepresent your affiliation , title , or authority , and will not otherwise engage in any activity that may result in injury , death , property damage , and/or liability of any kind .

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: operator's provider agreement, but also that the predecessor and the successor are jointly and severally liable for CMPs. The regulations do not provide explicitly for either successor liability or joint and several liability for predecessor and successor organizations under a Medicare provider agreement. Given the significant financial liabilities at stake and the risk of sham provider agreement transfers to avoid CMPs if the successor liability policy is not adequately enforced, the agency would be well-served by amending its regulations to address these issues. 8 . Whether BP Care had notice of the CMP proceedings forms the only factual issue in this case; therefore it is the only determination of the district court that we review for clear error. See Cathedral Rock, 223 F.3d at 358 (<HOLDING>). 9 . It is possible that a business could Options: A. holding that district courts factual findings for purposes of obstruction enhancement are reviewed for clear error B. holding that factual findings in sentencing context are reviewed for clear error C. holding that findings of fact from a bench trial are reviewed for clear error D. holding that the district courts findings of fact when ruling on a 12b1 motion are reviewed for clear error E. holding that findings of fact are reviewed for clear error

assistant: The best answer is D. holding that the district courts findings of fact when ruling on a 12b1 motion are reviewed for clear error
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: 1276 (4th Cir.1986)). If Meritage was neither aware nor on notice that the plaintiffs were working overtime, then no violation of the FLSA’s overtime provision has occurred. Id. Meritage does not claim to have paid any plaintiff for her unreported overtime. Therefore, if each plaintiff proves that Meritage knew she was working overtime hours, and establishes the amount and extent of her unpaid overtime by just and reasonable inference, she has satisfied her burden. i. Angela Carman Th s presented sufficient evidence to establish the amount and extent of her unpaid overtime hours. Her sworn testimony and accompanying evidence sufficiently detail when and how many additional hours she worked each month. See Prince v. MND Hospitality, Inc., 2009 WL 2170042, at *6 (S.D.Tex. July 20, 2009) (<HOLDING>); cf. Harvill, 433 F.3d at 441 (holding that Options: A. holding that evidence was sufficiently reliable because there was corroboration B. holding that words which expressly refer to adequate legal description provide nucleus of description that is legally sufficient for statute of frauds C. holding that description was sufficiently detailed D. holding that witness had an independent basis to support incourt identification where the description made prior to any pretrial identification was substantially an accurate description of the defendant E. holding that where accessible literature sources clearly provided a description of the teachings at issue the written description requirement does not require their incorporation by reference

assistant: The best answer is C. holding that description was sufficiently detailed
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: impose a duplicative litigation burden on the defendants and potentially give plaintiffs a duplicative source of recovery. However, to broadly preempt private causes of action grants the Attorney General nearly exclusive and final say as to whether the perpetrators of fraudulent securities schemes are held liable under New York law. If the Attorney General chooses not to prosecute or investigates and declines to proceed, remedies for defrauded investors are severely limited and private plaintiffs are left only with common law fraud litigation as a remedy. No other remedies are available, including causes of action with less stringent requirements such as simple negligence or breach of fiduciary duty. See Gabriel Capital, L.P. v. Natwest Fin., Inc., 137 F.Supp.2d 251, 266 (S.D.N.Y.2000) (<HOLDING>) (citation omitted). But there is no convincing Options: A. holding that because negligence and breach of fiduciary duty claims are covered by the martin act these claims must be dismissed B. holding that in the context of the federal tort claims act claims dismissed on sovereign immunity grounds are not dismissed for lack of jurisdiction but for the existence of a defense C. holding that plaintiffs negligence and negligent infliction of emotional distress claims are not independent of the breach of contract claim and summary judgment is warranted on these claims D. holding that under texas law limited partner could not bring breach of fiduciary duty claims without the partnership because the partners claims would be indirect and duplicative of the partnerships claims E. holding that if the federal claims are dismissed before trial the state claims should be dismissed as well

assistant: The best answer is A. holding that because negligence and breach of fiduciary duty claims are covered by the martin act these claims must be dismissed
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: finally , you understand and agree that evernote , in performing the required technical steps to provide the service to our users , may make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks , devices , services or media .

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: Each Credit Party will, and will cause each of its Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect. The Credit Parties will maintain in effect and enforce policies and procedures designed to promote compliance by the Companies and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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: there are rental properties located within the land enclosed by the fence and gate. Myrick and his brother actually rented a space behind the convenience store. 5 . A person does not have a reasonable expectation of privacy in something he voluntarily exposes" to the public. Martinez v. State, 880 S.W.2d 72, 76 (Tex.App.-Texarkana 1994, no pet.). "What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.” Id. (citing Katz v. United States, 389 U.S. 347, 351, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967)). 6 . See Wade v. State, No. 02-02-241-CR, 2004 WL 1416111, at *4 (Tex.App.-Fort Worth, Jun. 24, 2004, pet. ref'd) (mem. op., not designated for publication) (citing United States v. Silva, 247 F.3d 1051, 1056 (9th Cir.2000) (<HOLDING>); United States v. Baron-Mantilla, 743 F.2d Options: A. holding defendant who was employee of and had key to his fathers business premises searched lacked standing to challenge search of building his father owned B. holding that passengers lacked any reasonable expectation of privacy and therefore had no standing to challenge the search of the vehicle C. holding that federal agents had probable cause to search defendants truck for drugs and contraband even though defendants conduct was consistent with innocent behavior D. holding based on totality of circumstances defendants had no standing to challenge search of shed in which methamphetamine was being produced even though defendants claimed to have stayed in shed during previous night and possessed key to shed E. holding that a search warrant authorizing the search of premises located at a certain address authorized the search of the entire curtilage including a shed located about 20 feet behind the defendants house even though the shed was not specifically described

assistant: The best answer is D. holding based on totality of circumstances defendants had no standing to challenge search of shed in which methamphetamine was being produced even though defendants claimed to have stayed in shed during previous night and possessed key to shed
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: at *3-5. Section 3662 provides that: Any interested person ... who believes the Postal Service is not operating in conformance with the requirements of the provisions of sections 101(d), 401(2), 403(c), 404a, or 601 ... may lodge a complaint with the Postal Regulatory Commission in such form and manner as the Commission may prescribe. Section 3663 of title 39 further provides that a person adversely affected by a ruling of the PRC may appeal the ruling in the United States Court of Appeals for the District of Columbia. The district court construed sections 3662 and 3663 as vesting exclusive jurisdiction for claims arising under 39 U.S.C. § 404a in the PRC, with appellate jurisdiction in the United States Court of Appeals for the District of Columbia. Mr. Foster 6, 447-48 (3d Cir.2012) (<HOLDING>). With respect to the motion for Options: A. holding that denial of joinder motion is reviewed for abuse of discretion B. holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion C. holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion D. holding that the standard of review for the denial of a motion for reconsideration is governed by the law of the regional circuit E. holding that denial of discovery in habeas proceedings is reviewed for abuse of discretion

assistant: The best answer is B. holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion
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: its ruling allowing the evidence, the trial court held, "[tjhere is nothing in the recklessness definition that states that a defendant doesn't have to mean to do what he or she did'—the reckless [element] goes to things other than just whether or not they meant to actually commit the very act." 22 . State v. Houskeeper, 2002 UT 118, ¶ 28, 62 P.3d 444 (noting that the list of allowed nonchar-acter purposes in rule 404(b) is not exhaustive). 23 . State v. Widdison, 2001 UT 60, ¶ 41, 28 P.3d 1278. 24 . State v. Featherson, 781 P.2d 424, 426 (Utah 1989) (quoting State v. Shickles, 760 P.2d 291, 295 (Utah 1988)); see also State v. Fedorowicz, 2002 UT 67, ¶ 26, 52 P.3d 1194. 25 . 2000 UT 68, ¶ 26, 8 P.3d 1025 (quoting State v. Tanner, 675 P.2d 539, 546 (Utah 1983)); Tanner, 675 P.2d at 546 (<HOLDING>); see also State v. Teuscher, 883 P.2d 922, 927 Options: A. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child B. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child C. holding that in cases of child abuse evidence of specific instances of a defendants treatment of a child are relevant to establish specific patterns of behavior by the defendant toward one particular child not merely a general disposition for violence or illwill toward all children D. holding that parents may not voluntarily terminate their rights in a child to avoid child support payments or contract away a child support obligation E. holding an unborn child is a child for purposes of prosecuting chemical endangerment of a child

assistant: The best answer is C. holding that in cases of child abuse evidence of specific instances of a defendants treatment of a child are relevant to establish specific patterns of behavior by the defendant toward one particular child not merely a general disposition for violence or illwill toward all children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this means you must sign in at least once in a five-year period to keep your microsoft account , and associated services , active , unless provided otherwise in an offer for a paid portion of the services .

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: Notices and other communications provided for under the Intercreditor Agreement to be provided to [the Joining Additional Agent] shall be sent to the address set forth on Annex 1 attached hereto (until notice of a change thereof is delivered as provided in Section 7.5 of the Intercreditor Agreement).

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 384 U.S. 269 86 S.Ct. 1477 16 L.Ed.2d 526 Tommy N. GREERv.George BETO, Director, Texas Department of Corrections. No. 720, Misc. Supreme Court of the United States May 23, 1966 William E. Gray, for petitioner. Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., and Howard M. Fender, Asst. Atty. Gen., for respondent. On Petition for Writ of Certiorari to the Court of Criminal Appeals of Texas. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is reversed. Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799; Doughty v. Maxwell, 376 U.S. 202, 84 S.Ct. 702, 11 L.Ed.2d 650; see Garner v. Pennsylvania, 372 U.S. 768, 83 S.Ct. 1105, 10 L.Ed.2d 138; United States ex rel. Durocher v. LaVallee, 330 F.2d 303 (C.A.2d Cir.). 2 Mr. Justice HARLAN would set the case for argument, believing that the retroactivity of Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799, as applied in a recidivist case, presents problems of its own that are deserving of plenary consideration.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand that we may modify or adapt your content as it is distributed , syndicated , published , or broadcast by us and our partners and/or make changes to your content in order to adapt the content to different media .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The covenants set forth in this Section 7 shall be deemed severable. In the event that any court determines that any term, condition, restriction, covenant, provision term, condition, restriction, covenant, provision or any portion thereof is illegal, invalid or unenforceable in any circumstance for any reason, then this determination shall not have the effect on the legality, validity and enforceability thereof under any other circumstance or of any other term, condition, restriction, covenant, provision of this Section 7 or of the remainder of the portion thereof, which shall remain in full force and effect to the greatest extent legal, valid and enforceable.

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: Any notice required or permitted to be given under this Agreement shall be sufficient if it is in writing and is delivered in person or sent by certified mail, return receipt to (i) his current residence, in the case of the Executive, or (ii) the President at Lindsay’s principal corporate office, in the case of the Company. Notice shall be deemed effective upon receipt if made by personal delivery or upon deposit in the United States mail.

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: Your base salary as of the Effective Date is $825,000 on an annualized basis, payable in accordance with the Company’s regular payroll practices, as established from time to time. Beginning in February 2016 and continuing thereafter during the Agreement Term, your salary shall be reviewed on at least an annual basis by, and may be increased but not decreased at the discretion of the appropriate committee of the Board. Except as otherwise provided in this Section 3, the review of your base salary will occur at the same time as the review for other senior executives of the Company.

assistant: Base Salary
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 and each other Loan Document may be executed in one or more counterparts (and by different parties hereto in different counterparts), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by facsimile or other electronic transmission of an executed counterpart of a signature page to this Agreement and each other Loan Document shall be effective as delivery of an original executed counterpart of this Agreement and such other Loan Document. The Agents may also require that any such documents and signatures delivered by facsimile or other electronic transmission be confirmed by a manually-signed original thereof; provided , that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by facsimile or other electronic transmission.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: may recover reasonable attorney’s fees if the claim is for an oral or written contract.” Barnett v. Aetna Life Ins. Co., 723 S.W.2d 663, 667 (Tex.1987). While Barnett did not mention either the court of appeals’ opinion or our per curiam in Burke, it did cite to one of Burke’s, progeny. Id. (citing Texas Farmers Ins. Co. v. Hernandez, 649 S.W.2d 121, 124 (Tex.App. —Amarillo 1983, writ ref'd n.r.e.)). Far from being disposi-tive, however, Barnett did not explore the attorney’s fees issue and did not mention the apparent exception found in section 38.006. In two other cases since Barnett, we have indicated our apparent approval for using the attorney’s fee statute against an insurance carrier. See Maryland Ins. Co. v. Head Indus. Coatings & Servs., Inc., 938 S.W.2d 27, 29 (Tex.1996)(<HOLDING>); Chitsey v. National Lloyd's Ins. Co., 698 Options: A. recognizing a partys right to receive postjudgment fees for collection when the original judgment awarded that party attorney fees B. holding as a mutter of law that divorce actions are civil actions within the meaning of the postjudgment interest statute and that the wife was entitled to postjudgment interest under the statute with respect to unpaid spousal support payments ordered under a divorce judgment C. holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees D. holding that the insured was entitled to prejudgment and postjudgment interest and attorney fees as found by the jury E. holding that an insurers obligation to defend an insured was a property interest subject to prejudgment attachment

assistant: The best answer is D. holding that the insured was entitled to prejudgment and postjudgment interest and attorney fees as found by the jury
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: You will serve as Executive Vice President and Chief Financial Officer of the Company, reporting directly to the CEO. You will be responsible for the general management and supervision of the fiscal affairs of the Company and such other duties as may be assigned to you by the Board of Directors or the CEO, which may include supervision of various other corporate staff functions. As part of such duties and responsibilities, you shall see that a full and accurate accounting of all financial transactions of the Company is made, oversee the investment and reinvestment of the capital funds of the Company, cooperate in the conduct of the annual audit of the Company’s financial records and manage the relationships with the Company’s lenders and investors. You agree that you will devote your full time and best efforts to the Company’s business and will not accept any outside employment without the prior written consent of the CEO of the Company, provided, however, that you may serve on the board of directors or similar position with one or more not for profit organizations provided such duties do not materially detract from your services to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Administrative Agent, the Lenders and the Issuing Lender agrees to maintain the confidentiality of the Information, except that Information may be disclosed (i) to its Affiliates and to its and its Affiliates' respective partners, directors, officers, employees, agents, advisors and other representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such Information and instructed to keep such Information confidential), (ii) to the extent requested by any regulatory authority purporting to have jurisdiction over it (including any self-regulatory authority, such as the National Association of Insurance Commissioners), (iii) to the extent required by applicable Laws or regulations or by any subpoena or similar legal process, (iv) to any other party hereto, (v) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder, (vi) subject to an agreement containing provisions substantially the same as those of this Section, to (A) any assignee of or Participant in, or any prospective assignee of or Participant in, any of its rights or obligations under this Agreement or (B) any actual or prospective counterparty (or its advisors) to any swap or derivative transaction relating to the Borrowers and their obligations, (vii) with the consent of the Borrowers or (viii) to the extent such Information (Y) becomes publicly available other than as a result of a breach of this Section or (Z) becomes available to the Administrative Agent, any Lender, the Issuing Lender or any of their respective Affiliates on a nonconfidential basis from a source other than the Borrowers or the other Loan Parties. Any Person required to maintain the confidentiality of Information as provided in this Section shall be considered to have complied with its obligation to do so if such Person has exercised the same degree of care to maintain the confidentiality of such Information as such Person would accord to its own confidential information.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All costs and expenses incurred in connection with the negotiation and execution of this Agreement and the transactions contemplated hereby shall be paid by the party incurring or required to incur such expenses whether or not the transactions contemplated by this Agreement are consummated; provided that New Black Knight shall pay, or cause to be paid, or reimburse the Interested Holders for all fees and expenses incurred by them pursuant to Section 6.5(a) of the Merger Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we hold that Plaintiff has alleged sufficient facts to state a claim to enforce these covenants as equitable servitudes unless some additional, more precise standards are legally necessary to define and restrict Plaintiffs power of approval. THE DEVELOPER’S POWER OF APPROVAL 16. Defendants contend that the equitable servitudes are unenforceable because the Declaration contains no clear standards for the developer to apply when deciding to approve or disapprove of a particular mobile home. This is an issue of first impression in New Mexico. 17. Some jurisdictions require reasonable parameters in the form of written or de facto guidelines to show that the approving authority is acting reasonably. See Town & Country Estates Ass’n v. Slater, 227 Mont. 489, 740 P.2d 668, 671 (1987) (<HOLDING>); Prestwick Landowners’ Ass’n v. Underhill, 69 Options: A. holding that a restrictive covenant with a tenyear term was unenforceable B. holding that property owner who violated restrictive covenant multiple times over several years waived enforcement of same restriction against third parties as matter of law C. holding that a state law requiring benefit plans to include minimum benefits related to erisa plans D. holding that a restrictive covenant requiring approval of building plans by homeowners association which failed to define standard of approval was too vague for enforcement E. holding that a restrictive covenant with worldwide restrictions on competition is not reasonable

assistant: The best answer is D. holding that a restrictive covenant requiring approval of building plans by homeowners association which failed to define standard of approval was too vague for enforcement
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 representations made by the Subscriber in Section 2.1 of this Agreement shall be true and correct in all material respects when made, and shall be true and correct in all material respects on and as of the Closing Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (S.D.Tex.1981) and Shadley v. Miller, 733 F.Supp. 54, 55 (E.D.Mich. 1990). However, both courts held only that the failure of a co-defendant to join a removal notice within the thirty-day time period was a defect which required remand. Albonetti, 520 F.Supp. at 828; Shadley, 733 F.Supp. at 55. The Tenth Circuit has also recognized that such a failure justifies remand. See Cornwall, 654 F.2d at 686-87. Neither Albonetti nor Shadley addressed the issue of attached process; therefore, plaintiffs reliance on these cases is misplaced. Nevertheless, this court does recognize that some courts have required or upheld remand orders when a defendant failed to attach process to its notice of removal. See, e.g., Andalusia Enters., Inc. v. Evanston Ins. Co., 487 F.Supp.2d 1290, 1300 (N.D.Ala.2007) (<HOLDING>); Kisor v. Collins, 338 F.Supp.2d 1279, 1280 Options: A. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand B. recognizing that while defendants may freely amend their notice of removal within thirty days of service they may not add new grounds for removal after the thirty day period has expired C. holding that the defendants filing of a notice of removal before being served by plaintiffs did not render removal defective D. holding that the absence in the notice of removal of copies of the summonses served on the defendants uncorrected until after the thirty 30 day removal period had expired violates 28 usc 1446a and bars removal E. holding that the defendants motion to amend their notice of removal was proper due to plaintiffs waived objections to the sufficiency of the notice of removal by failing to seek remand within thirty days of removal

assistant: The best answer is D. holding that the absence in the notice of removal of copies of the summonses served on the defendants uncorrected until after the thirty 30 day removal period had expired violates 28 usc 1446a and bars removal
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: clauses to mean that natural gas is valued for royalty purposes at its wellhead location and condition. See Heritage Res., Inc. v. NationsBank, 939 S.W.2d 118, 122 (Tex.1996) (“Although it is not subject to the costs of production, royalty is usually subject to post-production costs, including taxes, treatment costs to render it marketable, and transportation costs.” (quotations and citations omitted)); see also Elliott Indus. Ltd. P’ship v. BP America Prod. Co., 407 F.3d 1091, 1109-10 (10th Cir.2005) (noting that “‘at the well’ royalty obligations do require royalty payments based on the unprocess 176, 565 N.W.2d 887, 894 (1997) (adopting the “at the well” rule because it “better conforms with the parties’ intent”); Montana Power Co. v. Kravik, 179 Mont. 87, 586 P.2d 298, 303 (1978) (<HOLDING>). As noted by the North Dakota Supreme Court, Options: A. holding that the market price is understood to mean the current market price being paid for gas at the well where it is produced B. holding merely that to the extent a breaching party claims that the appropriate measure of damages is the difference between the contract price and the market price it holds the burden of proving that there is in fact an available market for the goods in issue C. recognizing implied covenant to market gas D. holding that although the ngpa authorizes certain price ceilings for natural gas it is the gas sales contract not federal law that creates the right to receive any price at all E. holding that the measure of damages for the breach of a contract of sale where no fraud is shown is the difference between the contract price and the market price of the goods on the date of the breach

assistant: The best answer is A. holding that the market price is understood to mean the current market price being paid for gas at the well where it is produced
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: under the ACPA, which amended the Lan-ham Act, is a trademark matter over which federal courts have subject matter jurisdiction. Moreover, any decision made by a panel under the UDRP is no more than an agreed-upon administration that is not given any deference under the ACPA. To the contrary, because a UDRP decision is susceptible of being grounded on principles foreign or hostile to American law, the ACPA authorizes reversing a panel decision if such a result is called for by application of the Lanham Act. In sum, we conclude that we have jurisdiction over this dispute brought under the ACPA and the Lanham Act. Moreover, we give the decision of the WIPO panelist no deference in deciding this action under § 1114(2)(D)(v). See Dluhos v. Strasberg, 321 F.Sd 365, 373-74 (3d Cir.2003) (<HOLDING>); Sallen v. Corinthians Licenciamentos LTDA, Options: A. holding that 15 usc 11142dv requires the federal court to approach the issues raised in an action brought under that provision de novo rather than to apply the deferential review appropriate to actions governed by the federal arbitration act B. holding that in actions brought under 42 usc 1983 federal courts apply the states statute of limitation for personal injury C. holding that the validity of releases under the federal employers liability act was a question to be determined by federal rather than state law D. holding the fourteenth amendment does not apply to the actions of the federal government E. holding that rookerfeldman precludes jurisdiction over a federal lawsuit to compel arbitration under the federal arbitration act because the action was inextricably intertwined with the plaintiffs failed statelaw action to compel arbitration under the louisiana arbitration act

assistant: The best answer is A. holding that 15 usc 11142dv requires the federal court to approach the issues raised in an action brought under that provision de novo rather than to apply the deferential review appropriate to actions governed by the federal arbitration 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: The Company and its affiliates may withhold from any amounts payable to Executive hereunder all federal, state, city, foreign or other taxes that the Company may reasonably determine are required to be withheld pursuant to any applicable law or regulation or being understood that Executive shall be responsible for payment of all taxes in respect of the payments and benefits provided herein).

assistant: Withholdings