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: This Agreement contains the complete, entire understanding of the parties. In executing this Agreement, neither party relies on any term, condition, promise or representation other than those expressed in this Agreement. This Agreement supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter of this Agreement and all prior employment agreements are deemed cancelled and terminated. This Agreement is intended to be effective in its entirety and if any provision of this Agreement is determined to be invalid or otherwise unenforceable, then the entire Agreement shall be deemed invalid or unenforceable.

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: other than for the types of liability we can not limit by law ( as described in this section ) , we limit our liability to you to the greater of $ 20 usd or 100 % of any amount you 've paid under your current service plan with dropbox .

assistant: Limitation of liability
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 constitutes the entire agreement between the Parties with respect to the subject matters of this Agreement and supersedes all prior negotiations and agreements, whether written or oral, including, without limitation, the Amended and Restated Employment, Confidentiality and Noncompete Agreement between the Parties dated March 7, 2016. This Agreement may not be altered or amended except by a written document executed by both Parties. Employee represents and acknowledges that in executing this Agreement, she has not relied upon any representation or statement not set forth herein made by the Company or any of the Releasees or by any of the Releasees’ agents, representatives, or attorneys, with regard to the subject matters, basis or effect of this Agreement, the Company, its business or its stock, or any other matter.

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 legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, at the Closing, the ‘Company shall issue and sell to Purchaser, and Purchaser shall purchase from the Company, an aggregate of 939,005 shares of Common Stock (the “ Shares ”), for a per share purchase price of $11.33 (the “ Per Share Purchase Price ”), which equals an aggregate purchase price of $10,638,926.65 (the “ Purchase Price ”).

assistant: Sales
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: of time. Like the conduct of the Arnett brothers, Silver’s activity was part of his normal means of conducting business and projected a risk of continuing into the future. See Olive Can Co. v. Martin, 906 F.2d at 1151-52 (describing the Ashland Oil case). Several other pre-H.J. cases support the Court’s finding. Liquid Air Corp. v. Rogers, 834 F.2d 1297, 1303-05 (7th Cir.1987) (finding a pattern from nineteen separate acts of mail and wire fraud lasting seven months and defrauding, but repeatedly, a single victim), cert. denied, 492 U.S. 917, 109 S.Ct. 3241, 106 L.Ed.2d 588 (1989); United States v. Horak, 833 F.2d 1235, 1239-41 (7th Cir.1987) (upholding finding of a pattern beyond a reasonable doubt for three separate bribes); Appley v. West, 832 F.2d 1021, 1027-28 (7th Cir.1987) (<HOLDING>); United States v. Garver, 809 F.2d 1291 (7th Options: A. holding that two acts of mail fraud within five months constituted a pattern B. holding that a closedended period of less than thirteen months was not sufficiently long to be considered a pattern C. holding request made two months before trial timely D. holding that insurer that waited five months after being informed of occurrence and two months after being informed of suit against insured to deliver reservation of rights letter waived its noncoverage defense E. holding that unlawful possession of five firearms throughout a four to five month period established a behavior pattern of unlawfully possessing firearms that meets the same course of conduct requirement

assistant: The best answer is A. holding that two acts of mail fraud within five months constituted a pattern
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 notices regarding acceptance, rejection, revocation or any other matters arising under this Agreement shall be sent by a method of delivery which provides a receipt of delivery and shall be addressed as provided below. Any change of contact information listed below shall be promptly reported to the other party at the address below. Notices to Employee should be addressed to his home address on file with Team, as well as to [omitted]. Notices to Team should be addressed to either the SVP, Human Resources or the EVP, Chief Legal Officer for Team Industrial Services, Inc. located at 13131 Dairy Ashford, Suite 600, Sugar Land, Texas 77478. Such notice may be delivered by fax to 281.388.4411 or electronic mail (with confirmed receipt) to Mark.Hinderliter@Teaminc.com or Butch.Bouchard@Teaminc.com.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: rights and was not causally connected to plaintiff’s injury. Id. at 13-16. In addition, because Furtado was not a final policy-maker for the City, his single act of applying for an allegedly unconstitutional warrant could not create a municipal policy or custom sufficient to hold the municipality liable under § 1983. Reply Memorandum of Defendants at 5-7 (# 30); Supplementary Reply Memorandum of Defendants at 1-3 (# 36). Plaintiff responds that the search authorized by the warrant was unreasonable on its face and that a person in Furtado’s position could not have reasonably believed that the authorized search was reasonable. Memorandum in Opposition to Defendants’ Motion for Summary Judgment at 9-14 (# 24) (citing Rochin v. California, 342 U.S. 165, 72 S.Ct. 205, 96 L.Ed. 183 (1952) (<HOLDING>); Schmerber v. California, 384 U.S. 757, 86 Options: A. holding that the state courts conclusion that a suspect did not unambiguously request counsel was not unreasonable when during a postmiranda interview the suspect stated i think i would like to talk to a lawyer after which the police stopped questioning him left the room and did not resume questioning until the suspect explicitly said he did not want a lawyer and wanted to continue talking B. holding that 20minute detention was not unreasonable where suspect gave misleading answers C. holding that fifth amendment protection against selfincrimination requires police to notify suspect of right to counsel and to cut off interrogation once suspect invokes the right absent counsel further interrogation may not occur unless suspect initiates subsequent conversation if police initiate subsequent interrogation there can be no valid waiver of counsel even though police advise suspect of his or her constitutional rights and suspect acquiesces in the interrogation D. holding that police officers had probable cause to arrest a suspect where the facts suggest a fair probability that the suspect has committed a crime E. holding stomach pump of suspect unreasonable

assistant: The best answer is E. holding stomach pump of suspect 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: In the event of your termination of employment, other than by reason of death, Disability or involuntary termination without Cause prior to the end of the Restricted Period, your rights to all of the Shares shall be immediately and irrevocably forfeited. In the event of your termination of employment by reason of death, Disability or involuntary termination without Cause prior to the end of the Restricted Period, the restrictions with respect to all of the Shares shall lapse and the Shares shall vest as of the date of such termination of employment; provided, however, in the case of your involuntary termination without Cause, that you have signed a general release and non-competition/non-solicitation agreement provided to you by the Company at that time.

assistant: Forfeitures
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 cause of action with respect to a breach of the representations and warranties set forth in Section 8A, inclusive, shall survive (and, subject to the terms of this Agreement, Seller shall be liable for any such breach) for a period of nine (9) months from the Closing Date (such period of time, the “ Survival Period ”), at which time such representations and warranties shall terminate, except as to any breach with respect to which Buyer gives Seller written notice (identifying such breach with reasonable detail) (a “ Breach Notice ”) before the expiration of the Survival Period. Notwithstanding the foregoing, Seller shall have no liability, and Buyer shall make no claim against Seller, for (and Buyer shall be deemed to have waived any failure of a condition hereunder by reason of) a breach of any representation or warranty, covenant or other obligation of Seller under this Agreement or any document executed by Seller in connection with this Agreement (a) if the breach in question constitutes or results from a condition, state of facts or other matter that was known to Buyer as of the Effective Date or contained in any of the Property Documents, (b) if the breach in question constitutes or results from a condition, state of facts or other matter that was known to Buyer prior to Closing and Buyer proceeds with the Closing, or (c) to the extent, in the case of a representation or warranty of Seller, the same is confirmed by a “Tenant Estoppel Certificate” (as hereinafter defined) with respect to the applicable Tenant Lease.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: addressed to another party (the promisee) that the promisor will perform some action or refrain from some action in the future. Kacak, 869 N.E.2d at 1242. Here, we agree with Sterling that the Invoice 2 and 3 verification letters wherein Hammert's confirmed that NSE's work, product or service was complete and accepted and there were no joint check requests, offsets, credits, debits or counterclaims of any kind, and that the job was not subject to any payment bonds, contractors bonds, or other bonded obligations were promises that Hammert's would not assert claims or defenses to reduce the value of the invoices. As to the second argument that there is no detrimental reliance in this case, our review of the designated material reveals stries, 90 Mich.App. 429, 280 N.W.2d 827, 829 (1979) (<HOLDING>). CONCLUSION For the foregoing reasons, we Options: A. holding that a creditor could be liable for the misrepresentations in a letter mailed by a collection agency hired to send the letter B. holding that account debtor that completed verification letter estopped to deny liability C. holding not an abuse of discretion to deny funds D. holding that 1823e does not apply to a claim relating to a letter of credit a letter of credit is a liability not an asset E. holding acceptance of settlement estopped plaintiff from subsequent suit

assistant: The best answer is B. holding that account debtor that completed verification letter estopped to deny liability
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: of a statutory right. See Spokeo, Inc. v. Robbins, — U.S. -, 136 S.Ct. 1540, 1549, 194 L.Ed.2d 635 (2016) (“Article III standing requires a concrete injury even in the context of a statutory violation.”). 5 . Facebook’s argument against personal jurisdiction is also directed at the Cohen Complaint and raises a number of valid but vexing questions as to the interaction between New York’s statutory scheme, for extending jurisdiction over corporations and recent Supreme Court decisions concerning due process limitations on personal jurisdiction. (See MTD Mem. at 27-30.) Because the court has determined that the Cohen Plaintiffs fail to establish standing, it need not address the question of personal jurisdiction as to their Complaint. Cf. Ruhrgas AG, 526 U.S. at 583-84, 119 S.Ct. 1563 (<HOLDING>). 6 . Immediately before its service provision, Options: A. holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction B. holding that constitutional questions will not be decided if case can be decided on other grounds C. holding that it may be decided as a matter of law D. holding that questions of procedure are for the arbitrator not the courts E. holding that unlike subject matter jurisdiction personal jurisdiction may be waived

assistant: The best answer is A. holding that subject matter questions may be but are not necessarily decided before questions of personal jurisdiction
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 Loan Party and each Subsidiary is in compliance with the requirements of all laws, rules and regulations, and all permits and licenses, applicable to it and its business, where the failure to so comply could reasonably be expected to result in a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: The issuance and transfer of Shares shall be subject to compliance by the Company and the Grantee with all applicable requirements of federal and state securities laws and with all applicable requirements of any share exchange on which the Shares may be listed. No Shares shall be issued or transferred unless and until any then applicable requirements of state and federal laws and regulatory agencies have been fully complied with to the satisfaction of the Company and its counsel. The Grantee understands that the Company is under no obligation to register the Shares with the Securities and Exchange Commission, any state securities commission or any share exchange to effect such compliance.

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 legal provision and list the applicable contract clause categories. Provision: This Seventh Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of this Seventh Amendment by facsimile or email transmission shall be effective as delivery of a manually executed counterpart hereof.

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: amended answer with the court. See Defs.’ Proposed Answer. They have also stated with particularity the grounds on which their motion rests. See Defs.’ Mot. at 1 (setting forth the grounds for the defendants’ motion as an "intervening decision ... support[ing] the inclusion of additional affirmative defenses”). 5 . The plaintiff makes an additional argument that the court rejects out of hand: he asserts that the FAA, not the DOT, is the proper named defendant. The plaintiff previously advanced this argument in the MSPB matter. See Pl.’s Opp’n at 7-9. The Federal Circuit adjudicated this issue in the plaintiff's appeal, and the reasoning of the Federal Circuit applies with equal force in the instant action. See Morgan v. Dep’t of Transp., 300 Fed.Appx. 923, 928 n. 1 (Fed.Cir. 2008) (<HOLDING>). As a result, the court will not address the Options: A. holding that lay testimony is competent if it is limited to matters that the witness has actually observed and is within the realm of the witnesss personal knowledge B. holding that regardless of the faas independence over employment matters it is still a subordinate administration within the dot C. holding that in the employment context only transportation workers employment contracts are exempted from the faas coverage D. holding that it is well established that whether an employees actions were within the scope of employment is a question of fact and even if some of the actions were unauthorized the question of whether the actions were within the scope of employment is for the jury E. holding the principals grant of authority to speak is not the main concern in applying the partyadmission exception to the hearsay rule instead the test is whether the statement concerns matters within the scope of the employment

assistant: The best answer is B. holding that regardless of the faas independence over employment matters it is still a subordinate administration within the dot
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 Restricted Shares will become vested Shares (the “ Vested Shares ”) according to the vesting schedule in the Grant Notice except that any fraction of a Share that would otherwise become a Vested Share will be accumulated and will become a Vested Share only when a whole Vested Share has accumulated.

assistant: Vesting
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 article or section titles or captions in this Deed are for convenience only, shall not be deemed part of this Deed and in no way define, limit, extend or describe the scope or intent of any provisions hereof. Except to the extent otherwise stated in this Deed, references to “Articles” and “Sections” are to Articles and Sections of this Deed, and references to “Exhibits” are to Exhibits attached to this Deed, which are made parts hereof for all purposes.

assistant: Titles
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 Xbox Live Incentive Program will commence on January 1, 2018, and will be available until December 31, 2018, unless earlier terminated by Microsoft upon written notice to Publisher (“Program Term”). Microsoft may change or discontinue the Xbox Live Incentive Program by providing Publisher with [***] advance written notice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 110, 114, 122 S.Ct. 2061. The Supreme Court contrasted discrete acts of discrimination with hostile work environment claims, for which the continuing violation doctrine remained available, because hostile work environment claims by “[t]heir very nature involve[] repeated conduct,” and further explained that “a single act of harassment may not be actionable on its own.” Id. at 115, 122 S.Ct. 2061. Although Morgan discussed the continuing violation doctrine in the context of Title VII, many courts have held that an alleged failure to provide a requested accommodation under the Rehabilitation Act or the ADA is also a “discrete act” under Morgan and thus cannot rest on a continuing violation theory to make it timely. See, e.g., Cherosky v. Henderson, 330 F.3d 1243, 1246-47 (9th Cir.2003) (<HOLDING>); Szedlock v. Tenet, 61 Fed.Appx. 88, 93 (4th Options: A. holding that the same standards apply to claims under the ada and under the rehabilitation act B. holding that denials of hearingimpaired employees multiple requests for accommodations under the rehabilitation act were each discrete acts of discrimination under morgan C. holding rehabilitation act applicable D. holding that denial of request for accommodation of religion is a discrete act under morgan E. holding that denial of employees request for respirators under the rehabilitation act was a discrete act of discrimination under morgan

assistant: The best answer is E. holding that denial of employees request for respirators under the rehabilitation act was a discrete act of discrimination under morgan
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 Agents shall have received copies of signature pages to this Second Amendment, duly executed and delivered (including by way of facsimile or other electronic transmission) by each Administrative Agent, the Borrower and the Required Lenders, and acknowledged by each of the other Loan Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time from time to time, at the sole expense of Seller, Seller shall (i) defend the right, title and interest of Purchaser in and to the Purchased Assets and other Collateral against, and take such other action as is necessary to remove, the Liens, security interests, claims and demands of all Persons, (ii) at Purchaser’s reasonable request, take all action Purchaser reasonably deems necessary or desirable to ensure that Purchaser will have a first priority security interest in the Purchased Assets and other Collateral subject to any of the Transactions in the event such Transactions are recharacterized as secured financings and (iii) at Purchaser’s reasonable request, promptly and duly execute and deliver such further instruments, documents and information and take such further actions as Purchaser may deem reasonably necessary or desirable to (1) obtain or preserve the security interest granted hereunder, (2) ensure that such security interest remains fully perfected at all times and remains at all times first in priority as against all other creditors of Seller (whether or not existing as of the date hereof or in the future), (3) obtain or preserve the rights and powers herein granted (including, among other things, filing such UCC financing statements as Purchaser may request) or (4) ensure compliance with the Patriot Act or any other Requirements of Law in all material respects.

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 case excerpt and choose the best holding from the options. Case excerpt: the verification letters clearly stated that Sterling intended to rely upon the verifications in order to provide financing to NSE. In addition, Small's designated affidavit stated that Sterling relies on the verification letters before purchasing invoices to reduce or eliminate its assumed risk of nonpayment by an account debtor. Having found both a promise and detrimental reliance, we find that promissory estoppel applies in this case and that Ham-mert's is estopped to deny payment on Invoice 3 and place payment restrictions on the payment for Invoice 2. Although we have found no similar Indiana cases, our result is consistent with similar case law from other jurisdictions. See Quantum Corporate Funding Ltd. v. L.P.G. Associates, Inc., 246 A.D.2d 320, 323, 667 N.Y.S.2d 702 (1998) (<HOLDING>); Dimmitt & Owens Financial. Inc. v. Realtek Options: A. holding that account debtors assurance to factor gives rise to an estoppel predicated upon the factors reliance on that assurance in purchasing the assignment from the vendor B. holding that the existence of a written contract gives rise to the presumption that the parties have reduced their prior agreements to writing C. holding that the unique nature of psychotherapistpatient relationship gives rise to a duty of care to the patient D. holding that failure to record an assignment does not give rise to a cause of action E. recognizing that the nature of the therapistpatient relationship gives rise to a duty to refrain from causing emotional or mental harm to the patient

assistant: The best answer is A. holding that account debtors assurance to factor gives rise to an estoppel predicated upon the factors reliance on that assurance in purchasing the assignment from the vendor
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: by installing , accessing or using the rovio services you explicitly agree with the terms and conditions of rovio 's privacy policy and to any terms and conditions included therein by reference .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer and the Company shall cooperate fully with each other and their respective counsel and accountants in connection with any actions required or advisable to be taken as a part of their respective obligations under this Agreement, including but not limited to the obtaining of Consents and all regulatory approvals, as well as the matters relating to the Transition Period as set forth in Section 2.3. In connection therewith, Buyer and the Company shall take such actions, and shall execute and deliver to any other party such further documents as, in the opinion of counsel for such other party, may be reasonably necessary or advisable to ensure, complete and evidence the consummation of the transactions contemplated by this Agreement, including the assignment of the Prestalia NDA.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section and the indemnity provisions of Section 11.02(e) shall survive the resignation of the Administrative Agent, the replacement of any Lender, the termination of the Aggregate Commitments, and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his Rule 60(b) motion and his appeal from the denial of that motion moot. Based on the foregoing, we dismiss the father’s appeal in case no. 2100496. Conclusion In case nos. 2091106 and 2091130, we reverse the judgment of the juvenile court and remand the cases for further proceedings consistent with this opinion. In case no. 2100496, we dismiss the appeal for lack of appellate jurisdiction. 2091106 — REVERSED AND REMANDED. 2091130 — REVERSED AND REMANDED. 2100496 — APPEAL DISMISSED. THOMPSON, P.J., and PITTMAN and THOMAS, JJ., concur. BRYAN, J., concurs in the result, without writing. 1 . In case no. 2100496, the father filed a petition for a writ of mandamus; however, this court elected to treat that petition as an appeal. See Evans v. Sharp, 617 So.2d 1039 (Aia.Civ.App. 1993) (<HOLDING>). 2 . "Except as otherwise provided by the Options: A. holding that the standard of review is abuse of discretion and an appeal from denial of rule 60b relief does not bring up the underlying judgment for review B. holding that appellate courts can review the denial of a rule 60b motion by appeal even if the appellant mistakenly files a petition for a writ of mandamus C. recognizing the right to petition for writ of certiorari as a form of appellate review D. holding that a trial judges denial of a recusal motion can be challenged on appeal or in a petition for a writ of mandamus E. holding that appeal from denial of rule 60b motion raised for review only the district courts order of denial and not the underlying judgment itself

assistant: The best answer is B. holding that appellate courts can review the denial of a rule 60b motion by appeal even if the appellant mistakenly files a petition for a writ of mandamus
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 is not in violation of any laws, governmental orders, rules or regulations, whether federal, state or local, to which it or any of its properties are subject, which may have a material adverse affect as to the Trademark or the Sub-License Agreement or the License Agreement.

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: is not precluded if the other factors are sufficiently compelling. 8 . The girls and defendant primarily differed on whether defendant was clothed and what he was doing with his hands. See also note 13. 9 . Cf. United States v. Hall, 724 F.2d 1055, 1059 (2nd Cir.1983) (noting that "there is force in the [trial] judge’s observation that Hall knew his rights all along since he was not 'a newcomer to the law,’ United States v. Watson, 423 U.S. 411, 424-25, 96 S.Ct. 820, 828, 46 L.Ed.2d 598 (1976); and, more important, no newcomer to the jurisprudence of Miranda "). However, in Hall the defendant, a repeat offender, was at least read his rights and the only question was whether he understood them. See also Los Angeles Police Protective League v. Gates, 579 F.Supp 36, 42 (C.D.CaI.1984) (<HOLDING>). 10 . The State makes two additional arguments Options: A. holding that a state is not a person under 42 usc 1983 B. holding that although miranda warnings were not given to defendant police officers they had no cause of action under 42 usc 1983 because they were never prosecuted C. holding that although defendants voluntarily given initial statement was inadmissible because of miranda violation subsequent statement made after careful miranda warnings were given and waiver was obtained was admissible D. holding that officers were entitled to qualified immunity where defendant officers could have reasonably believed that they were given sufficient third party consent to search E. holding that defendants prosecuted under section 922g8 may only attack the validity of the underlying protective order on the grounds that they were not provided a hearing of which they were given actual notice and an opportunity to participate

assistant: The best answer is B. holding that although miranda warnings were not given to defendant police officers they had no cause of action under 42 usc 1983 because they were never prosecuted
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: GUARANTOR AND (BY ACCEPTANCE OF THIS GUARANTEE) THE COMPANY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS GUARANTEE .

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: All disputes relating to or arising out of this Agreement or otherwise in connection with the Employee's employment with, or termination from, the Company, shall be settled by binding arbitration, in San Antonio, Texas, in accordance with the Company's standard arbitration policy and procedures.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: interest pursuant to 28 U.S.C. § 1961; a judgment in accordance with this order shall be entered forthwith. SO ORDERED. JUDGMENT The Court, having granted plaintiff/counter-defendant Dunkin’ Donuts Incorporated’s motion for summary judgment, after a hearing conducted April 21, 1999, the Honorable Paul V. Gadola, District Judge, presiding, It is hereby ORDERED, ADJUDGED and DECREED that all remaining claims and counterclaims in the above-entitled action be DISMISSED with prejudice; It is further ORDERED, ADJUDGED and DECREED that judgment be entered in favor of plaintiff/counter-defendant Dun-kin’ Donuts Incorporated in the amount of $97,652.45 and against (D.Haw.1995), aff'd, 97 F.3d 1296 (9th Cir.1996), cert. denied, 520 U.S. 1268, 117 S.Ct. 2441, 138 L.Ed.2d 201 (1997) (<HOLDING>); U.S. v. Island Park, 888 F.Supp. 419, 431-32 Options: A. holding that because claimant had asserted fifth amendment during discovery he may not submit affidavits in opposition to governments motion for summary judgment B. recognizing wjhen the nonmoving party relies only on its own affidavits to oppose summary judgment it cannot rely on conclusory allegations unsupported by factual data to create an issue of material fact C. holding that party may not rely on its own testimony or affidavits to support its version of disputed fact issue in connection with summary judgment motion where party has asserted fifth amendment right not to answer questions concerning that veiy issue D. holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible E. holding that when the moving party submits a properly supported summary judgment motion the nonmoving party must produce affirmative evidence to demonstrate genuine issue of fact and may not rely simply on denials or allegations in pleadings

assistant: The best answer is C. holding that party may not rely on its own testimony or affidavits to support its version of disputed fact issue in connection with summary judgment motion where party has asserted fifth amendment right not to answer questions concerning that veiy issue
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 be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. Any proceeding arising out of or relating to this Agreement shall be brought in the courts of the Commonwealth of Massachusetts, or, if it has or can acquire jurisdiction, in the United States District Court for the District of Massachusetts. This provision may be filed with any court as written evidence of the knowing, voluntary, and irrevocable agreement between the Parties to waive any objections to jurisdiction, venue or convenience of forum.

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: and that trial and appellate counsel were ineffective to the extent that they did not object or pursue the issue on appeal. Hampering review of this claim is Elliott’s failure to distinguish between those assertions of prosecutorial misconduct to which trial counsel objected and/or appellate counsel pursued on direct appeal, and those assertions of prosecutorial misconduct to which no objection was lodged. Related thereto, Elliott fails to analyze independently the reasonable basis and prejudice prongs of the ineffective assistance of counsel standard as it relates to each alleged deficiency in trial or appellate counsel’s performance. Such lack of development, in and of itself, could lead to rejection of the claim. See Commonwealth v. Tedford, 598 Pa. 639, 960 A.2d 1, 28 (2008) (<HOLDING>). Nevertheless, as discussed infra, we have Options: A. holding that a federal court may adjudicate claims for which there is no independent basis for subject matter jurisdiction if the nonjurisdictional claims are related to other claims for which the does have jurisdiction B. holding prosecutorial misconduct claim barred by procedural default C. holding that the failure to identify and distinguish which claims of prosecutorial misconduct have been previously litigated and which were waived permits rejection of the underlying claims of prosecutorial misconduct which in turn eviscerates the cognizable layered claims D. holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt E. holding that claims alleging prosecutorial misconduct which were based on facts in the record could have and should have been raised on direct appeal and were thus not cognizable in postconviction proceedings

assistant: The best answer is C. holding that the failure to identify and distinguish which claims of prosecutorial misconduct have been previously litigated and which were waived permits rejection of the underlying claims of prosecutorial misconduct which in turn eviscerates the cognizable layered claims
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 Separation Agreement, and the references to certain provisions of the Employment Agreement (i.e., Sections 6, 8, 9, 10, and 11) incorporated by reference herein sets forth the entire agreement between the parties hereto and fully supersedes any and all prior or contemporaneous agreements or understandings, written or oral, between the parties pertaining to the subject matter hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: F.3d 1332, 1333 (11th Cir.2000) (“The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record matters of public interest.”); Fordyce v. City of Seattle, 55 F.3d 436, 439 (9th Cir.1995) (recognizing a “First Amendment right to film matters of public interest”); Demarest v. Athol/ Orange Cmty. Television, Inc., 188 F.Supp.2d 82, 94-95 (D.Mass.2002) (finding it “highly probable” that filming of a public official on street outside his home by contributors to public access cable show was protected by the First Amendment, and noting that, “[ajt base, plaintiffs had a constitutionally protected right to record matters of public interest”); Channel 10, Inc. v. Gunnarson, 337 F.Supp. 634, 638 (D.Minn.1972) (<HOLDING>); cf. Schnell v. City of Chi, 407 F.2d 1084, Options: A. holding that the video games at issue are expressive and qualify as speech for purposes of the first amendment B. holding that the first amendment protects communicative aspects of video games C. holding that police interference with television newsmans filming of crime scene and seizure of video camera constituted unlawful prior restraint under first amendment D. holding that unlawful restraint could not even be an included offense E. holding that there was no fourth amendment seizure where delivery of package was not delayed because it is the extent of the interference with the defendants possessory interest in the property that determines whether a seizure has occurred

assistant: The best answer is C. holding that police interference with television newsmans filming of crime scene and seizure of video camera constituted unlawful prior restraint under first amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided under Article III , neither this Agreement nor any of the rights, interests or obligations under this Agreement will be assigned, in whole or in part, by any party without the prior written consent of each other party with respect to which such assignment will be effective. Any purported assignment without such prior written consent will be void. Subject to the preceding sentences, this Agreement will be binding upon, inure to the benefit of, and be enforceable by, the parties and their respective successors and assigns. Except pursuant to Section 2.2 (with respect to the Searchlight Designees) and Section 6.2 (with respect to the Independent Committee), this Agreement shall not confer any rights or remedies upon any Person other than the parties to this Agreement and their respective successors and permitted assigns.

assistant: Assignments
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 further agree not to ( 1 ) upload any content that contains software viruses or is designed to interrupt , destroy , or limit the functionality of any equipment or services , or that contains other harmful , disruptive , or destructive files or content ; ( 2 ) use or attempt to use another user 's account without authorization , or impersonate any person or entity ; ( 3 ) harvest , solicit , or collect information of other users for any reason whatsoever , including , without limitation , for sending unsolicited communications ; ( 4 ) post , advertise , or promote products or services commercially , or upload any content that is advertising , promotional material , junk mail , spam , or a contest or sweepstake , or that furthers or promotes criminal activity ; or ( 5 ) use the fitbit service in any manner that , in our sole discretion , is objectionable or restricts or inhibits any other person from using or enjoying the fitbit service , or which may expose us or our users to any harm or liability of any type .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (In re Fruehauf Trailer Corp.), 444 F.3d 203 (3d Cir.2006) (stating that transaction may be avoided as fraudulent when debtor did not receive the rough equivalent in value in return for interests conveyed), this Court recognized that the Debtor’s estate possessed colorable claims against the Debtor’s wife relating to these alleged transfers that warranted an independent and impartial investigation. The existence of the estate’s potential claims against the Debtor’s wife evidenced a conflict of interest and that such conflict constituted cause for appointment of a Chapter 11 Trustee. In re Marvel Entertainment Group, Inc., 140 F.3d 463, 473 (3d Cir.1998) (conflict of interest supported appointment of trustee); In re Euro-American Lodging Corp., 365 B.R. 421, 428 (Bankr.S.D.N.Y. 2007) (<HOLDING>); In re Clinton Centrifuge, Inc., 85 B.R. 980, Options: A. recognizing that whether a duty exists is a question of law for the courts B. holding that the debtor in possession could utilize the strongarm powers of the trustee to avoid an unperfected security interest even though the debtor knew of the interest prior to bankruptcy because the two are distinct entities and the debtor in possessions responsibility is to preserve the estates assets for the benefit of the creditors C. recognizing cause of action D. recognizing that cause for appointment of a trustee exists when a debtor suffers from a conflict of interest E. recognizing the cause of action

assistant: The best answer is D. recognizing that cause for appointment of a trustee exists when a debtor suffers from a conflict of interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: In consideration of the broker, ("Broker") providing the information on businesses for sale, I/we understand and agree: (b) Not to disclose, for a period of three years from the date I/we sign this Non-Disclosure Agreement, any information regarding these businesses to any other person who has not also signed this Agreement, except to secure the advise and recommendations of my business advisors (accountants, attorneys, etc.)

assistant: Yes
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 our other remedies , we may limit , suspend or terminate the service and user accounts or portions thereof , prohibit access to our games and sites , and their content , services and tools , delay or remove hosted content , and take technical and legal steps to prevent users from accessing the service if we believe that they are creating risk or possible legal liabilities , infringing the intellectual property rights of third parties , or acting inconsistently with the letter or spirit of our terms or policies .

assistant: Unilateral termination