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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subject to these terms , including the licence provided in section 3.1 , you may access , install and use the oculus runtime software ( `` runtime '' ) .

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: who violates this section shall be guilty of a Class 6 felony____ Thus, the pertinent conduct proscribed by Code § 18.2-308.2 is merely that of “being a felon” and “knowingly and intentionally” being in possession of a firearm. Id.; see also Armstrong v. Commonwealth, 263 Va. 573, 582, 562 S.E.2d 139, 144 (2002). Neither Code § 18.2-308.2, nor its related statutes, contain a scienter or mens rea element for a conviction under that statute. Indeed, to prove a violation under the plain language of the statute, the Commonwealth must establish nothing more than that the defendant “has been convicted of a felony” and that he or she “knowingly and intentionally possessed] ... any firearm.” Code § 18.2-308.2. But see Reed v. Commonwealth, 15 Va.App. 467, 471, 424 S.E.2d 718, 720-21 (1992) (<HOLDING>). This interpretation comports squarely with Options: A. holding that defendants habitual traffic violator conviction could also serve as a predicate felony conviction under the general habitual offender statute B. holding that trial court did not abuse its discretion in not allowing defendant to present evidence of his subjective belief regarding his status as habitual offender because his belief was irrelevant to offense of driving as habitual offender C. holding based upon language in related statutes now repealed that actual knowledge of declaration of habitual offender status and direction not to drive was required for conviction for driving after having been so declared D. holding that to constitute a prior conviction for purposes of the habitual felony offender act the defendant must have been adjudicated guilty before the present crime was committed E. holding that under the 1991 version of the habitual offender statute defendant could not receive habitual offender sentence for life felony

assistant: The best answer is C. holding based upon language in related statutes now repealed that actual knowledge of declaration of habitual offender status and direction not to drive was required for conviction for driving after having been so declared
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: when he injured a woman by accidentally hitting her with a golf cart. We agree with the district court that St. Paul Travelers, Inc., (St. Paul), the insurer, owed a duty to defend Scher from the time the Red Cross tendered Scher’s defense to St. Paul. See Montrose Chem. Corp. of California v. Super. Ct., 6 Cal.4th 287, 24 Cal.Rptr.2d 467, 861 P.2d 1153, 1160 (1993) (explaining that the duty to defend arises if there is potential liability). Indeed, St. Paul concedes this point on appeal. However, the district court erred in interpreting the terms of the St. Paul policy to exclude from the definition of “covered person,” volunteers who were not acting at the express direction of Kraft. See Bank of the West v. Super. Ct., 2 Cal.4th 1254, 1264-65, 10 Cal.Rptr.2d 538, 833 P.2d 545 (1992) (<HOLDING>) (citations omitted). As a result, St. Paul was Options: A. holding that we must give the words in statutes their plain and ordinary meaning B. holding that statutory words must be given their ordinary contemporary meaning C. holding that an erisa insurance policy is governed by a uniform body of federal common law which requires policy language to be interpreted in an ordinary and popular sense as would a person of average intelligence and experience D. holding that policy terms must be read in their ordinary and popular sense E. holding that we are to read the statutory language in its ordinary and natural sense and if doubts remain resolve them in the light not only of the policy intended to be served by the enactment but as well by all other available aids to construction and looking to supplemental legislation and the scheme and structure of the legislation

assistant: The best answer is D. holding that policy terms must be read in their ordinary and popular sense
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 will require any successor to all or substantially all of the business and/or assets of the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession shall be a breach of this Agreement and shall entitle Executive to compensation from the Company in the same amount and on the same terms as Executive would be entitled to hereunder upon a Change of Control Termination. The Company’s rights and obligations under this Agreement shall inure to the benefit of and shall be binding upon the Company’s successors and assigns.

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: Weiss, 82 Wn.2d at 211. 44 Frazier, 102 Wash. at 380. 45 Perry v. School Dist. 81, 54 Wn.2d 886, 898, 344 P.2d 1036 (1959). 46 See Witters II, 112 Wn.2d at 365; Graham, 84 Wn.2d at 817; Perry, 54 Wn.2d at 896; Visser v. Nooksack Valley Sch. Dist. 506, 33 Wn.2d 699, 711, 207 P.2d 198 (1949); Frazier, 102 Wash. at 375-76, 380. See also Weiss, 82 Wn.2d at 211. 47 G. Gallup, Jr., The People’s Religion: American Faith in the 90’s 45, 58-59 (1989). 48 American Psychiatric Ass’n, Committee on Religion and Psychiatry, guidelines (Dec. 1989). 49 88 Wn.2d 867, 871, 568 P.2d 758 (1977). 50 Id. at 871 (citing Flast v. Cohen, 392 U.S. 83, 88 S. Ct. 1942, 20 L. Ed. 2d 947 (1968)). 51 392 U.S. at 106. 52 Accord Community Council v. Jordan, 102 Ariz. 448, 451, 456, 432 P.2d 460, 463, 468 (1967) (<HOLDING>). 53 Perry, 54 Wn.2d at 897 (citation omitted). Options: A. holding that executive branch prosecution of disciplinary charges against a judge violated the separation of powers provision in the nevada constitution a provision identical to article v section 1 of the utah constitution B. holding that a criminal defendants right to an impartial jury is guaranteed by article 1 section 9 of the pennsylvania constitution C. recognizing that rights under article i section 11 are subject to reasonable limitations D. holding reimbursement to a religious institution the salvation army for emergency services expenditures permissible under article ii section 12 of arizona constitution an identical provision to article i section 11 E. holding that because the due process clause in the federal constitution is applicable to the states under the fourteenth amendment the right is also guaranteed to defendants pursuant to the identical provision in article i section 5 of the hawaii constitution

assistant: The best answer is D. holding reimbursement to a religious institution the salvation army for emergency services expenditures permissible under article ii section 12 of arizona constitution an identical provision to article i section 11
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: corollary to the power to recognize a sovereign in the first place. For instance, recognizing an established sovereign’s former colony as a new, independent sovereign seems a straightforward exercise of what even Zivotofsky would concede to be the recognition power. But such recognition necessarily entails a boundary determination — the colony, once formally recognized as part of one sovereign’s territory, is effectively recognized as belonging to another. Indeed, precedent binding on this court confirms that the recognition power includes authority to determine territorial boundaries. See, e.g., Baker, 369 U.S. at 212, 82 S.Ct. 691 (“[T]he judiciary ordinarily follows the executive as to which nation has sovereignty over disputed territory----”); Pink, 315 U.S. at 229-30, 62 S.Ct. 552 (<HOLDING>); Williams, 38 U.S. at 420 (“[Wjhen the Options: A. holding that merss power to act as the agent of any valid note holder includes the power to assign B. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power C. holding that the inherent power of the district court includes the power to santion attorneys for violations of court orders or other conduct which interferes with the courts power to manage its calendar and the courtroom D. holding that the recognition power is not limited to a determination of the government to be recognized but rather includes the power to take actions without which the power of recognition might be thwarted E. holding that a commission is a body with special and limited power and it can only exercise the power expressly or impliedly granted to it and any reasonable doubt of existence of any power must be resolved against the exercise thereof

assistant: The best answer is D. holding that the recognition power is not limited to a determination of the government to be recognized but rather includes the power to take actions without which the power of recognition might be thwarted
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: This barrage is fired from two different directions. Both volleys land well wide of the mark. A The appellants asseverate that if the terms of the CBA ensure that a successful FLSA suit inevitably will result in ending the pay premium, then the CBA contains a veiled threat against pursuing FLSA rights and is per se retaliatory. The asseveration lacks force. The CBA leaves no room to doubt that the State bestowed the non-standard pay premium on the probation officers in lieu of overtime compensation. It simply is not retaliatory for an employer and an employee to agree to alternative methods for compensating overtime work based on the latter’s coverage status under the FLSA. See, e.g., Walling v. A.H. Belo Corp., 316 U.S. 624, 630, 62 S.Ct. 1223, 1226, 86 L.Ed. 1716 (1941) (<HOLDING>); Anderson v. Bristol, 6 F.3d 1168, 1173 (6th Options: A. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa B. holding under flsa C. holding that the flsa does not preempt a state law contractual claim that seeks to recover wages for time that is compensable under the contract but not under the flsa D. holding that nothing in the flsa bars an employer from contracting with his employees to pay them the same wages that they received previously E. holding same in the flsa retaliation context

assistant: The best answer is D. holding that nothing in the flsa bars an employer from contracting with his employees to pay them the same wages that they received previously
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 of the direct and indirect subsidiaries of the Company are set forth in the SEC Reports. Other than Liens on the equity interests of the Subsidiaries held by the Senior Lender and the Holders, the Company owns, directly or indirectly, all of the capital stock or other equity interests of each Subsidiary free and clear of any Liens, and all of the issued and outstanding shares of capital stock of each Subsidiary are validly issued and are fully paid, non-assessable and free of preemptive and similar rights to subscribe for or purchase securities. If the Company has no subsidiaries, all other references to the Subsidiaries or any of them in the Transaction Documents shall be disregarded.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CURIAM. AFFIRMED. See Davidson v. State, 701 So.2d 123 (Fla. 5th DCA 1997) (<HOLDING>). SAWAYA, PALMER and ORFINGER, JJ., Options: A. holding that pursuant to florida rule of criminal procedure 3050 the court may extend the sixtyday time limit for a motion to mitigate sentence as long as the motion to mitigate is resolved within a reasonable time B. holding that remand orders are also appealable orders under 28 usc 1291 C. holding that orders denying motions to mitigate sentence under florida rule of criminal procedure 3800c are not appealable D. recognizing that orders denying motions to reopen are treated as final orders of removal E. holding order denying motion for reduction of sentence under rule 3800 is not appealable

assistant: The best answer is C. holding that orders denying motions to mitigate sentence under florida rule of criminal procedure 3800c are not appealable
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 execution, delivery and performance by the Borrower of the Operative Documents will, on the Delivery Date, have been duly authorized by all necessary corporate action on the part of the Borrower, do not require any stockholder approval, or approval or consent of any trustee or holders of any indebtedness or obligations of the Borrower except such as have been duly obtained by the Delivery Date and will on the Delivery Date be in full force and effect, and none of such Operative Documents contravenes any law, judgment, government rule, regulation or order binding on the Borrower or the certificate of incorporation or bylaws of the Borrower or contravenes the provisions of, or constitutes a default under, or results in the creation of any Lien (other than Permitted Liens) upon the property of the Borrower under, any indenture, mortgage, contract or other agreement to which the Borrower is a party or by which it or its properties may be bound or affected.

assistant: Authorizations
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 Seller and each Servicer (i) shall provide, at its own expense, such cooperation, information and assistance, and prepare and supply the Agent with such data regarding the Receivables and the performance by the Seller and each Servicer of their respective obligations under the Agreement and each of the other Transaction Documents, as may be reasonably requested by the Agent from time to time and (ii) hereby authorizes and hereby agrees from time to time, at its own expense, promptly to execute (if necessary) and deliver all further instruments and documents, and to take all further actions, that may be necessary or desirable, or that the Agent may reasonably request, to perfect, protect or more fully evidence the purchases made under the Agreement and/or security interest granted pursuant to the Agreement or any other Transaction Document, or to enable the Agent (on behalf of the Purchaser) to exercise and enforce the Purchasers’ rights and remedies under the Agreement and any other Transaction Document.

assistant: Further Assurances
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: Landlord shall use good faith efforts to keep confidential all non-public financial statements supplied by Tenant; however, if Landlord notifies such parties of the requirement to keep such information confidential, Landlord has the right to reveal such information to mortgagees, prospective purchasers and prospective mortgagees (and their respective agents) and to Landlord's managers, officers, personnel, affiliates, partners, directors, advisors, accountants, attorneys, members, and consultants, and as may be required by Law, including, without limitation, securities regulations, or by legal process; and, provided further, that Landlord and Landlord's affiliates have the right to include, disclose, or otherwise publicize Tenant's name as one of Landlord's or Landlord's affiliates' tenants in any of Landlord's marketing materials, press releases, presentations, or other disclosures. The following materials and information are not considered "non-public financial statements" for purposes of this Lease and will not be subject to the restrictions set for in the preceding sentence: (i) information which is or becomes generally available to the public other than as a result of a wrongful disclosure by Landlord; (ii) information which reasonably can be demonstrated to be known to Landlord prior to its disclosure by Tenant hereunder; (iii) information which becomes available to Landlord on a non-confidential basis from sources other than Tenant; and (iv) information which Landlord may be compelled to disclose by court order or applicable law.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: upon receipt of a counter notification , 9gag shall promptly provide the party submitting a notification of claimed infringement with a copy of the counter notification , and 9gag will replace the removed material or cease disabling access to it in not less than 10 , nor more than fourteen ( 14 ) , business days following receipt of the counter notice , unless 9gag 's designated agent first receives notice from the person who submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on 9gag 's system or network .

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 Parties will promptly, and in any event within ten (10) calendar days after service of process on any of the following, give to Buyer notice of all litigation, actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which are threatened or pending) or other legal or arbitrable proceedings affecting any Seller Party or any of its Subsidiaries or affecting any of the Property of any of them before any Governmental Authority that (i) questions or challenges the validity or enforceability of any of the Program Agreements or any action to be taken in connection with the transactions contemplated hereby or (ii) which, individually or in the aggregate, is reasonably likely to be adversely determined, and if adversely determined, could be reasonably likely to have a Material Adverse Effect. Seller will promptly provide notice of any judgment, which with the passage of time, could cause an Event of Default hereunder.

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 case excerpt and choose the best holding from the options. Case excerpt: Court rejects the debtor’s argument that the reimbursement debt is invalid. B. Constitutional Defenses 1. Ex Post Facto First, the debtor argues that the retroactive application of the 1990 ASO is an ex post facto law in violation of the Constitution. This argument is flawed because the Ex Post Facto Clause applies only to criminal cases or punitive legislation. See, e.g., Galvan v. Press, 347 U.S. 522, 531, 74 S.Ct. 737, 98 L.Ed. 911 (1954); Bugajewitz v. Adams, 228 U.S. 585, 590, 33 S.Ct. 607, 57 L.Ed. 978 (1913); Huffman v. Commonwealth, 210 Va. 530, 172 S.E.2d 788, 789 (1970) (“[T]he constitutional prohibition against an ex post facto law applies to criminal proceedings and not to civil proceedings.”); see also Rainey v. City of Norfolk, 14 Va.App. 968, 421 S.E.2d 210, 213 (1992) (<HOLDING>). In the instant case, the debtor contends that Options: A. holding that parole guidelines are subject to the ex post facto clause B. holding that because of its civil nature section 881 is not subject to the ex post facto clause C. holding that the ex post facto clause did not apply because the civil contempt citation was not punitive D. holding that the ex post facto clause has no application to deportation E. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause

assistant: The best answer is C. holding that the ex post facto clause did not apply because the civil contempt citation was not punitive
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate, except to the extent that any obligation of the Company hereunder remains unpaid as of such time, upon the second anniversary of the Effective Date. Notwithstanding the foregoing, on each anniversary of the Effective Date, the term of this Agreement automatically shall be extended for one additional year, unless not less than thirty (30) days prior to such anniversary the Company notifies the Executive in writing that it does not wish to extend the term of this Agreement; provided, however, that no such notice of non-extension may be given during the two-year period following the consummation of a Change in Control.

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 case excerpt and choose the best holding from the options. Case excerpt: review unless the defendant requested the particular lesser-included offense at issue. See Demonbreun v. Bell, 226 S.W.3d 321, 326 (Tenn. 2007). To avoid this unintended outcome, we determine that the legislature did not intend for the Court of Criminal Appeals’ reasoning to apply. 4 , We note that pursuant to Supreme Court Rule 4(E)(1), this case was designated as "Not for Citation,” Accordingly, while this opinion has no precedential value, it is nonetheless illustrative of the premise that Tennessee Code Annotated section 40-18-110' has been subject to differing interpretations. 5 . See, e.g., Pylant v. State, 263 S.W.3d 854, 871 n.26 (Tenn. 2008) (maintaining that the standard of review for hearsay issues is abuse of discretion); State v. Dotson, 254 S.W.3d 378, 392 (Tenn. 2008) (<HOLDING>); Perry v. State, No. W2011-01818-CCA-R3-PC, Options: A. holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion B. holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not bedisturbed absent an abuse of discretion C. holding that questions concerning the admissibility of hearsay evidence rest within the sound discretion of the trial court and this court will not interfere in the absence of abuse appearing on the face of the record D. holding that the decision whether to grant a continuance lies in the sound discretion of the trial court and will not be disturbed absent an abuse of discretion E. holding that the decision to transfer rests within the sound discretion of the court

assistant: The best answer is C. holding that questions concerning the admissibility of hearsay evidence rest within the sound discretion of the trial court and this court will not interfere in the absence of abuse appearing on the face of the record
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appeals from the district court’s order denying his Federal Rule of Civil Procedure 59 motion for reconsideration challenging the dismissal of his 28 U.S.C. § 2254 petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm. Henderson contends that the district abused its discretion by denying his motion, which we construe as a motion for relief from final judgment based on Federal Rule of Civil Procedure 60(b). See Straw v. Bowen, 866 F.2d 1167, 1171-72 (9th Cir.1989). The district court did not abuse its discretion when it denied Henderson’s motion because his almost two-year delay before filing the motion was not reasonable. See Fed.R.Civ.P. 60(c) (“A motion under Rule 60(b) must be made within a reasonable time.... ”); In re Hammer, 940 F.2d 524, 526 (9th Cir. 1991) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that an over twoyear delay without any excuse was unreasonable as a matter of law B. holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable C. holding it was not an abuse of discretion to deny funds D. holding it was not an abuse of discretion to exclude testimony E. holding that twoyear delay was not reasonable

assistant: The best answer is B. holding that it was not an abuse of discretion to find an unexcused twoyear delay unreasonable
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: Borrower has obtained and has delivered to Lender certificates of insurance, together with applicable endorsements and upon request will provide complete copies of all Policies, with all premiums paid thereunder, reflecting the insurance coverages, amounts and other requirements set forth in Section 6.1 of this Agreement. As of the date of this Agreement, no litigated claims are currently pending, outstanding or otherwise remain unsatisfied under any such Policies limited to the Property, and, to Borrower’s knowledge, no Person, including Borrower, has done, by act or omission, anything which would impair the coverage of any such Policies limited the Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: It is the Company’s intention that the Plan comply with and satisfy the applicable provisions of the Code and ERISA, including, but not limited to, Section 409A of the Code, and, consistent with such provisions of the laws of the United States of America and in all other respects, the Plan and all agreements entered into under the Plan shall be governed, construed, administered, and regulated in accordance with the laws of the State of Delaware, without regard to the principles of conflicts of law, to the extent such laws are not preempted by the laws of the United States of America. Any action concerning the Plan or any agreement entered into under the Plan shall be maintained exclusively in the state or federal courts in Delaware.

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: exists because SWEPCO’s permit is the subject of an administrative and legal challenge testing whether SWEPCO has proposed to construct and is constructing the Hempstead Plant without a valid permit. Second, HCHC argues that, in interlocutory appeals regarding requests for preliminary injunctive relief, well-established doctrine encourages appellate courts to resolve the underlying merits of a case if legal and factual issues were sufficiently “illuminated” in the proceedings before a district court and if doing so serves judicial economy. HCHC maintains that the relevant legal and factual issues were sufficiently and exhaustively “illuminated” and presented in the district court and that the parties will incur undue expense and burden if this matter is re 8, 270 (8th Cir.1995) (<HOLDING>). “A claim for injunctive relief may become Options: A. holding that plaintiffs were not entitled to a preliminary injunction B. holding that question of whether former employer was entitled to preliminary injunction ordering former employees to comply with noncompetition provisions of employment agreements was moot since the noncompetition restriction expired by time of appeal C. holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act D. holding that where a district courts preliminary injunction preventing the appellant from terminating its agreement with the defendant had expired the appellants appeal of the district courts decision to grant that injunction was moot E. holding that where a noncompetition clause in a contract had expired by its own terms the plaintiffs appeal from the district courts denial of the plaintiffs request for a preliminary injunction enforcing the clause was moot

assistant: The best answer is B. holding that question of whether former employer was entitled to preliminary injunction ordering former employees to comply with noncompetition provisions of employment agreements was moot since the noncompetition restriction expired by time of appeal
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: supercell reserves the right to remove or reclaim any usernames at any time and for any reason , including but not limited to claims by a third party that a username violates the third party 's rights .

assistant: Content 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: (Minn. Aug. 21, 2007). Despite these precedents, we recently observed that Minnesota courts have not addressed whether “an appraisal for valuation may include some consideration of underlying liability, as long as it does not constitute a determination of coverage.” QBE, 778 N.W.2d at 399 (noting clear delineation in Minnesota law between valuation issues, which are decided by appraisers, and coverage issues, which are decided by courts). Other jurisdictions have distinguished an appraisal for “amount of loss,” which may include considerations of causation or liability when the insurer has admitted some covered loss, from the determination of an insured’s right to recover, which may not be decided by appraisers. See Rogers v. State Farm Fire & Cas. Co., 984 So.2d 382, 392 (Ala.2007) (<HOLDING>); Jefferson Ins. Co. v. Superior Court of Options: A. holding under the policy language that diminution of market value is not a cause of loss but a measure of a loss caused by something else B. holding that the loss of a contract failed to constitute ascertainable loss under cutpa C. holding that the failure to place a dollar value on a possible decrease in property value was not unreasonable D. holding that loss of an arm includes loss of the hand E. holding that contract language referring to amount of loss authorized appraiser only to place dollar value on loss and not to determine cause of damage or other coverage issues

assistant: The best answer is E. holding that contract language referring to amount of loss authorized appraiser only to place dollar value on loss and not to determine cause of damage or other coverage issues
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: for reasonable counsel fees. Trial Court Memorandum Order, 11/13/01, at 7. Thus, the trial court assessed its award of $152,179.90 by summing $59,918.48 for contractual claims, $80,261.42 for penalties and interest, and $12,000.00 for counsel fees. Id. 4 . For convenience, the first two paragraphs will be termed the "termination” and "cancellation” provisions, respectively, of the contract. The third paragraph, or the "suspension” provision, does not come into play. 5 . The covenant of good faith and the doctrine of necessary implication appear to have a related conceptual genesis. See, e.g., Murphy, 777 A.2d at 434 n. 11 (observing that the obligation of good faith "is akin to the contract doctrine of necessary implication”); Shetter v. Welzel, 242 Pa. 355, 89 A. 455, 457 (1913) (<HOLDING>); Zell v. Dunkle, 156 Pa. 353, 27 A. 38 (1893) Options: A. holding that while the creditor has the initial burden to produce some evidence of lack of good faith the ultimate burden is on the debtor to prove his good faith B. holding that a party is estopped from doing what would be inconsistent with good faith in the way of obstructing the enjoyment of that which he had granted C. holding that bad faith includes lack of good faith in investigating the facts of a complaint D. holding that the defendant did not establish good faith as a matter of law E. holding that good faith exception does not apply because it is inconsistent with text of article 3823

assistant: The best answer is B. holding that a party is estopped from doing what would be inconsistent with good faith in the way of obstructing the enjoyment of that which he had granted
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 consummation of the PRV Transfer contemplated by this Agreement (the “ Closing ”) shall be conducted telephonically and/or via email or other similar means of correspondence on the third (3 rd ) Business Day after all of the conditions set forth in ARTICLE VII have been satisfied or waived (other than those conditions to be satisfied only by the delivery of certificates or other documents at the Closing, but subject to satisfaction or waiver of such condition ) or such other date as may be mutually agreed upon by Buyer and Seller. The date on which the Closing actually takes place is referred to in this Agreement as the “ Closing Date ”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall have received all fees and expenses (including the reasonable fees, disbursements and other charges of Sidley Austin LLP , counsel for the Administrative Agent) which are required to be paid pursuant to the Credit Agreement.

assistant: Fees
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: and its finding that probationer officers must be able to conduct warrant-less searches in order to properly supervise their probationers, we conclude that the statute provides the necessary notice _” (footnote omitted)); Soca, 673 So.2d at 28 (“Florida’s statutes contain no scheme expressly authorizing or regulating the authority of probation officers or supervisors to conduct a probationary search.... Rather, a probation officer’s right to search is based on our holding in Grubbs....”); see also State v. Yule, 905 So.2d 251, 255 (Fla. 2d DCA 2005) (“[T]he authority of the probation officers to monitor and control the probationer ... provided a sufficient basis for them to enter her residence and conduct a warrantless search.”); Ayoub v. State, 901 So.2d 311, 313 (Fla. 2d DCA 2005) (<HOLDING>). Extending the same general authority to Options: A. holding warrantless search of probationers home by law enforcement officer for investigatory purposes was reasonable when conditions of probation included a search term and search was supported by reasonable suspicion B. holding that all special conditions of probation must be orally pronounced at sentencing C. holding condition of probation requiring probationer to consent at any time to a warrantless search by a law enforcement officer was unconstitutional D. recognizing that condition requiring submission to search by probation officer need not be orally pronounced because warrantless searches are necessary for proper supervision of probationers citing brown 697 so2d at 929 E. holding a warrantless probation search condition that is reasonably related to a probationers rehabilitation is a valid limitation to a defendants fourth amendment rights

assistant: The best answer is D. recognizing that condition requiring submission to search by probation officer need not be orally pronounced because warrantless searches are necessary for proper supervision of probationers citing brown 697 so2d at 929
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 TO THE EXTENT SUCH WAIVER IS EXPRESSLY PROHIBITED BY LAW, THE GUARANTOR HEREBY IRREVOCABLY WAIVES TRIAL BY JURY IN ANY JURISDICTION AND IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OF THIS GUARANTY, THE OBLIGATIONS, OR ANY INSTRUMENT OR DOCUMENT DELIVERED PURSUANT HERETO OR THERETO OR ANY OTHER CLAIM OR DISPUTE HOWSOEVER ARISING, AMONG THE GUARANTOR, THE BORROWER, THE ADMINISTRATIVE AGENT AND/OR THE LENDERS. THIS WAIVER OF JURY TRIAL SHALL BE EFFECTIVE FOR EACH AND EVERY DOCUMENT EXECUTED BY THE GUARANTOR, THE ADMINISTRATIVE AGENT OR THE LENDERS AND DELIVERED TO THE ADMINISTRATIVE AGENT OR THE LENDERS, AS THE CASE MAY BE, WHETHER OR NOT SUCH DOCUMENTS SHALL CONTAIN SUCH A WAIVER OF JURY TRIAL. THE GUARANTOR CONFIRMS THAT THE FOREGOING WAIVERS ARE INFORMED AND FREELY MADE.

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: Based on the financial condition of the Company as of the Closing Dates, after giving effect to the receipt by the Company of the proceeds from the sale of the Shares hereunder, (i) the fair saleable value of the Company’s assets exceeds the amount that will be required to be paid on or in respect of the Company’s existing debts and other liabilities (including known contingent liabilities) as they mature; (ii) the Company’s assets do not constitute unreasonably small capital to carry on its business as now conducted and as proposed to be conducted including its capital needs taking into account the particular capital requirements of the business conducted by the Company, and projected capital requirements and capital availability thereof; and (iii) the current cash flow of the Company, together with the proceeds the Company would receive, were it to liquidate all of its assets, after taking into account all anticipated uses of the cash, would be sufficient to pay all amounts on or in respect of its liabilities when such amounts are required to be paid. The Company does not intend to incur debts beyond its ability to pay such debts as they mature (taking into account the timing and amounts of cash to be payable on or in respect of its debt). Assuming the Closing occurs, the Company has no knowledge of any facts or circumstances which lead it to believe that it will file for reorganization or liquidation under the bankruptcy or reorganization laws of any jurisdiction within one year from the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Shares or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor, to the Company’s knowledge, any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

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: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the other transactions contemplated hereby and thereby do not and will not: (i) conflict with or violate any provision of the Company's certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company debt or otherwise) or other understanding to which the Company is a party or by which any property or asset of the Company is bound or affected, or (iii) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not have or reasonably be expected to result in 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: command and going to physical therapy at the Naval Hospital. As such, his statements related directly to his availability to perform his duties and his precise location on base. The statements were made to individuals whose duties included being responsible for appellant including knowing his whereabouts and duty status. Under these circumstances, we conclude that appellant’s statements were clearly “official” and were made to individuals with a “duty to account” for the accused. See generally United States v. Davenport, 9 MJ 364 (CMA 1980). Unpub. op. at 1. A false official statement includes all statements made in the line of military duty. The determination of whether a military duty existed in a particular case is based on the evidence of record. See United States v. Jackson, supra (<HOLDING>); see also United States v. Plascencia-Orozco, Options: A. holding that even if there is no independent duty to account a servicemember who lies in an oral statement to a law enforcement agent conducting an investigation as part of his duties has violated article 107 B. holding that a law enforcement agent may not testify about an opinion reached during his investigation if the agents reasoning process depended in whole or in part on his specialized training and experience C. holding that an insurer has a duty to conduct an investigation reasonably appropriate under the circumstances D. holding that anonymous statement was admissible as a statement by a partys agent under rule 801d2d and noting that a district court should be presented with sufficient evidence to conclude that the person who is alleged to have made the damaging statement is in fact a party or an agent of that party E. holding where there is no duty to defend there is no duty to indemnify

assistant: The best answer is A. holding that even if there is no independent duty to account a servicemember who lies in an oral statement to a law enforcement agent conducting an investigation as part of his duties has violated article 107
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 Third Amendment, together with the Lease, constitutes the entire agreement of the Parties, and may not be amended except by written instrument signed by both Parties. This Third Amendment shall have the effect of an agreement under seal and shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except for certain types of disputes mentioned in the arbitration clause , you and headspace agree that disputes relating to these terms or your use of the products will be resolved by mandatory binding arbitration , and you and headspace waive any right to participate in a class-action lawsuit or class-wide arbitration .

assistant: Arbitration