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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (allowing victim impact evidence in capital murder case when jury was required to answer special issue asking about defendant’s “personal moral culpability” and, thus, defendant’s moral blameworthiness and culpability was relevant issue at punishment); Love, 199 S.W.3d at 456-57 (“Victim impact testimony is irrelevant at the guilt-innocence phase of a trial because it does not tend to make more or less probable the existence of any fact of consequence with respect to guilt or innocence.”). To preserve a complaint regarding the erroneous admission of victim-impact evidence for appellate review, the defendant must object on the ground that the evidence constitutes impermissible victim-impact evidence. See Karnes v. State, 127 S.W.3d 184, 195 (Tex.App.-Fort Worth 2003, pet. ref'd) (<HOLDING>); see also Pena v. State, 285 S.W.3d 459, 464 Options: A. holding that the admission of expert testimony was prejudicial where the testimony was pervasive B. holding a proffer of testimony is required to preserve the issue of whether testimony was properly excluded by the trial judge and an appellate court will not consider error alleged in the exclusion of testimony unless the record on appeal shows fairly what the excluded testimony would have been C. holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony D. holding that employer waived issue on appeal of whether employees testimony was unduly prejudicial by failing to object when testimony was offered at trial E. holding that the admissibility of expert testimony was governed by state law

assistant: The best answer is C. holding that objection to testimony at trial on grounds that testimony was irrelevant highly prejudicial and below the threshold requirement of admissibility does not preserve appellate challenge that testimony constitutes inadmissi ble victimimpact testimony
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 and supersedes all prior agreements and understandings, both written and oral, among the parties with respect to the subject matter of this Agreement. This Agreement is not intended to confer upon any Person other than the parties hereto (and the Indemnified Parties) any rights or remedies hereunder; provided , however , that following the Effective Time, each Stockholder shall be entitled to enforce the provisions of Article I to the extent necessary to receive the Merger Consideration to which such holder is entitled pursuant to Article I .

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: and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”), based on an adverse credibility finding. Mejia-Lopez argues that: (1) the IJ did not act as a fair and impartial arbiter because he was predisposed to make an adverse credibility determination; and (2) the adverse credibility provision of the REAL ID Act, 8 U.S.C. § 1229a(c)(4)(C), is unconstitutional on due process grounds. After thorough review, we dismiss the petition in part and deny it in part. We review de novo our own subject matter jurisdiction. Ruiz v. Gonzales, 479 F.3d 762, 765 (11th Cir.2007). We lack jurisdiction to review a claim unless the petitioner has exhausted her administrative remedies for that claim. 8 U.S.C. § 1252(d)(1); Amaya-Artunduaga v. U.S. Att’y Gen., 463 F.3d 1247, 1250 (11th Cir.2006) (<HOLDING>). We review only the BIA’s decision, except to Options: A. holding that we lack jurisdiction to consider claims that have not been raised before the bia B. holding that we lack jurisdiction to consider a claim not raised before the bia even when the bia sua sponte considers the claim C. holding that we lack jurisdiction to consider claims not raised below by the alien even when the bia reviews the claim sua sponte D. holding that we generally may not consider issues not raised before the bia E. holding that this court lacks jurisdiction to review claims that have not been raised before the bia

assistant: The best answer is A. holding that we lack jurisdiction to consider claims that have not been raised before the bia
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: to shipments that are lost at sea. Tropical correctly assesses our reluctance to hold that a container is a package, where more accurately it may be considered but “a modern substitute for the hold of the vessel.” Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 270, 97 S.Ct. 2348, 53 L.Ed.2d 320 (1977). In fact: [W]e cannot escape the belief that the purpose of § 4(5) of COGSA was to set a reasonable figure below which the carrier should not be permitted to limit his liability and that “package” is thus more sensibly related to the unit in which the shipper packed the goods and described them than to a large metal object, functionally a part of the ship, in which the carrier caused them to be “contained.” Leather’s Best, Inc. v. S.S. Mormaclynx, 451 F.2d 800, 815 (2d Cir.1971) (<HOLDING>); see also Allstate, 646 F.2d at 172-173 Options: A. holding that the relevant time is the time of the employment decision B. holding that the plaintiffs placement on paid administrative leave constituted an adverse action for purposes of a first amendment retaliation claim C. holding that the 99 bales of leather inside a container constituted the relevant package for cogsa purposes D. holding that the relevant time of inquiry is the date of the filing of the complaint E. holding that alcohol odor provided probable cause to search vehicle for open container and smell of burnt marijuana justified search of entire vehicle for drugs

assistant: The best answer is C. holding that the 99 bales of leather inside a container constituted the relevant package for cogsa purposes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: no contention that, at that time, plaintiff posed a threat to the officers’ safety. However, it is clear that plaintiff, at that time a suspect of a crime, attempted to evade the officers during the time the officers were conducting an investigation. Our Fourth Amendment jurisprudence has long recognized that the right to make an arrest or investigatory stop necessarily carries with it the right to use some degree of physical coercion or threat to affect it. Terry v. Ohio, 392 U.S. 1, 22-27, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Plaintiff acknowledges that she was instructed by the officers that she was not going anywhere pending their investigation of Mr. Serrano’s complaint. Yet, when she believed that a friend ha at the force with which Livengood tackled plaintiff was excessive. Id. (<HOLDING>). Livengood used that amount of force necessary Options: A. holding that there was evidence of grossly excessive force where the defendant shot the victim once in the arm and then in the base of the skull B. holding that fact that plaintiffs arm was broken during tackle did not constitute excessive force C. holding that excessive force claims are not subject to exhaustion requirement D. holding that exhaustion requirement applies to excessive force claims E. holding that where an officer grabbed plaintiffs arm twisted it around plaintiffs back jerking it up high to the shoulder and then handcuffing the plaintiff as plaintiff fell to his knees screaming did not constitute excessive force

assistant: The best answer is B. holding that fact that plaintiffs arm was broken during tackle did not constitute excessive force
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 facts and circumstance of the particular case, including . . . the volume of materials . . . the relative importance to the case of the alleged privileged information, and the likelihood that the evidence produced through in camera review, together with other evidence then before the court, will establish that the crime-fraud exception does apply.” United States v. Zolin, supra, 572; see also In re John Doe, Inc., supra, 13 F.3d 636 (determining that in camera procedure comports with due process). As to the type of evidence permitted to meet this threshold showing, the party seeking to invoke the exception may offer “any relevant evidence, lawfully obtained, that has not been adjudicated to be privileged.” United States v. Zolin, supra, 575; In re John Doe, Inc., supra, 636 (<HOLDING>). Ill In conclusion, the Appellate Court Options: A. recognizing that the determination is an equitable one B. holding that the validity of a collateral waiver is a threshold issue C. recognizing that zolin established that only nonprivileged material may be used to make the threshold determination that triggers in camera review D. holding that the appropriate inquiry under aedpa is not whether a federal court believes a state courts determination was incorrect but whether that determination was unreasonablea substantially higher threshold E. holding that courts may decline to make a constitutional determination at the first stage of the qualified immunity inquiry where that determination would be based on an interpretation of uncertain state law

assistant: The best answer is C. recognizing that zolin established that only nonprivileged material may be used to make the threshold determination that triggers in camera review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: (iii) the term "Representatives" means the directors, officers, employees, agents or advisors (including, without limitation, attorneys, accountants, investment bankers, financial advisors and other consultants and advisors engaged in connection with the review and evaluation of the Transaction) of the specified Party; and All Evaluation Material (iii) shall be provided by the Receiving Party solely to those of its Representatives to whom disclosure is reasonably required to facilitate the Receiving Party's evaluation or consideration of the Transaction, it being the intention of the Parties to restrict the dissemination of Evaluation Material to as small a working group as practicable.

assistant: No
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: further crimes of the defendant; and (D) to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; [and] (3) the kinds of sentences available.... 18 U.S.C. § 3553(a); see also United States v. Mosqueda-Estevez, 485 F.3d 1009, 1012 (8th Cir.2007) (laying out the three-step procedure that district courts should follow when sentencing a defendant). We conclude that the district court did not abuse its discretion in sentencing Jenners to 96 months’ imprisonment. Here, when examining Jenners’s criminal history, the district court was permitted to consider that under the plea agreement, 24 of the 25 counts in the indictment were dismissed. See United States v. Yahnke, 395 F.3d 823, 826 (8th Cir.2005) (<HOLDING>). Considering these 24 uncharged offenses along Options: A. holding that a refusal to make false statements that no misconduct occurred is a very different circumstance than an affirmative statement of misconduct B. recognizing that a court is not limited in what it may consider in determining whether parental rights should be terminated C. recognizing that the court sanctions more harshly for cumulative misconduct than for isolated misconduct D. holding that two instances of misconduct do not indicate a persistent and widespread pattern of misconduct that amounts to a city custom or policy of overlooking police misconduct E. recognizing that the district court is not limited to only convictions when deciding whether to depart it may consider uncharged misconduct provided that there is sufficient proof of the misconduct

assistant: The best answer is E. recognizing that the district court is not limited to only convictions when deciding whether to depart it may consider uncharged misconduct provided that there is sufficient proof of the misconduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized capital stock of Delphax consists of (i) 50,000,000 shares of Common Stock, par value $.10 per share, of which 6,919,465 shares are issued and outstanding; 2,856,167 shares are reserved for issuance under the Option Plans; and no shares are reserved for issuance pursuant to any other securities (other than securities issued under the Option Plans) and (ii) 3,000,000 shares of preferred stock, par value $.10 per share, none of which are issued and outstanding. All of such outstanding shares of capital stock have been, or upon issuance will be, duly authorized, validly issued, fully paid and nonassessable. No shares of capital stock of Delphax, including the Warrant Shares, are subject to preemptive rights or any other similar rights of the other shareholders of Delphax or any liens or encumbrances imposed through the actions or failure to act of Delphax. Except for stock options granted under the Option Plans, and the transactions contemplated hereby, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into, exercisable for, or exchangeable for any shares of capital stock of Delphax, or arrangements by which Delphax is or may become bound to issue additional shares of capital stock of Delphax; (ii) there are no agreements or arrangements under which Delphax is obligated to register the sale of any of its securities under the Securities Act ; and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by Delphax (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Securities. Delphax has furnished to Air T true and correct copies of the terms of all securities convertible into or exercisable for Common Stock of Delphax and the material rights of the holders thereof in respect thereto. Delphax has delivered to Air T true and correct copies of Delphax’s Articles of Incorporation, as amended, and By-laws, each as in effect on the date of this Agreement .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Borrower nor any Subsidiary thereof is in default under or with respect to any Material Indebtedness that, either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the same as evidence of a medically-aeceptable time-frame. The former requires Jessie to muster favorable, preponderant evidence of a majority or consensus view as to when a vaccine injury could occur at the earliest; the latter requires Jessie to show that a medically-aeceptable time-frame for the onset of his type of illness includes a twenty-four hour post-vaccination occurrence. That medically-aeceptable time-frame may be established by reliable opinion that does not perfectly match the dominant or consensus view in the medical community. See Althen, 418 F.3d at 1279 (rejecting as too stringent a requirement of “confirmation of medical plausibility from the medical community and literature”); see also Simanski v. Sec’y of Health & Human Servs., 671 F.3d 1368, 1384 (Fed.Cir.2012) (<HOLDING>). By crafting a heightened standard for Althen Options: A. holding nonmoving partys affidavit created genuine issue of material fact as to the existence of an employment relationship B. holding that conflicting expert evidence regarding function establishes material issue of fact C. holding that the petitioners expert in that case had created a material issue of fact as to whether an earlier onset of the disease than that generally accepted in the medical literature was medically acceptable quoting de bazan 539 f3d at 1352 D. holding that res judicata does not bar litigation of a claim pleaded in an earlier case if the record of the case shows that the court refused to decide the issue E. holding the findings of fact required to support an alimony award are sufficient if findings of fact have been made on the ultimate facts at issue in the case and the findings of fact show the trial court properly applied the law in the case

assistant: The best answer is C. holding that the petitioners expert in that case had created a material issue of fact as to whether an earlier onset of the disease than that generally accepted in the medical literature was medically acceptable quoting de bazan 539 f3d at 1352
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: to comply with Rule 412(d), defendant failed to establish the relevance of C.T.’s testimony. Defense counsel, claimed that C.T. would testify that he had sex with Helen on either 7 or 8 July 2004, just a day or two before Helen accused defendant of sexual abuse. Dr. Pringle, however, testified that he examined Helen within a week of the allegations, on 14 July 2004, and that the scarring he found in her vaginal area had occurred “at least a month or more” prior to the examination. Thus, the undisputed medical evidence indicated that Helen’s having sex with C.T. could not have resulted in the vaginal scarring, and therefore C.T.’s testimony would not tend to show that defendant did not commit the charged offenses. See State v. Holden, 106 N.C. App. 244, 247, 416 S.E.2d 415, 417 (<HOLDING>), appeal dismissed and disc. review denied, 332 Options: A. holding that there must be a temporal connection between the dates of the alleged offense and the evidence pointing to another perpetrator B. holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection C. holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment D. holding that in addition to temporal proximity plaintiff must show further evidence supporting a causal connection E. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint

assistant: The best answer is A. holding that there must be a temporal connection between the dates of the alleged offense and the evidence pointing to another perpetrator
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 Borrower agree s to pay all reasonable out of pocket costs and expenses (including without limitation reasonable fees and expenses of any counsel, financial advisor, and agent for the Lender) incurred before or after the date hereof by the Lender and its affiliates in connection with the preparation, negotiation, execution, delivery and administration of this Amendment and the other Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period and thereafter, Executive shall cooperate with the Employer and its Affiliates in any disputes with third parties, internal investigations or administrative, regulatory or judicial proceedings as reasonably requested by the Employer (including, without limitation, Executive being available to the Employer upon reasonable notice and at a reasonable location for interviews and factual investigations, appearing at the Employer’s request to give testimony without requiring service of a subpoena or other legal process, volunteering to the Employer all pertinent information and turning over to the Employer all relevant documents which are or may come into Executive’s possession, all at times and on schedules that are reasonably consistent with Executive’s other permitted activities and commitments). In the event the Employer requires Executive’s cooperation in accordance with this Section after Executive’s Separation, the Employer shall reimburse Executive for reasonable travel expenses (including lodging and meals, upon submission of receipts).

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: Any term or condition of this Agreement may be waived at any time by the Party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the Party waiving such term or condition. Neither the waiver by any Party of any term or condition of this Agreement nor the failure on the part of any Party, in one or more instances, to enforce any of the provisions of this Agreement or to exercise any right or privilege, shall be deemed or construed to be a waiver of such term or condition for any similar instance in the future or of any subsequent breach hereof. All rights, remedies, undertakings, obligations and agreements contained in this Agreement shall be cumulative and none of them shall be a limitation of any other remedy, right, undertaking, obligation or agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding Section 14 or any other provision in this Agreement or the Plan to the contrary, because the Company is headquartered in the State of Ohio, the provisions of this Section 12 of the Agreement, shall be governed by, and construed in accordance with, the laws of the State of Ohio without regard to the choice of law rules of any other state or country, including any other state or country in which the Participant works.

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: at 95. Therefore, the "plaintiffs' election to rescind the purchase agreement cancelled all of plaintiffs' contractual rights to the benefits of the contract, including an award of attorney's fees in the event of litigation." Id.; see also Kennedy v. Gillam Development Corp., 80 P.3d 927, 980 (Colo.App.2008). [T14] There is, however, a critical distinction between the case at bar and cases such as Pickinpaugh and Kennedy. Unlike the parties in those cases, Castleberry did not seek rescission of the contract. Instead, she simply availed herself of the default remedies available under the contract. In this respect, the case at bar is more akin to a later Oregon Supreme Court case entitled Usinger v. Campbell, 280 Or. 751, 572 P.2d 1018 (1977). The Usinger case involved a suit 1 (2002) (<HOLDING>). [T15] Finally, the Phelans claim that, under Options: A. holding that prevailing party was entitled to attorneys fees under an option contract which had expired prior to litigation because the parties were litigating their performance under the terms of the contract B. holding that the power to terminate a contract atwill subsumes the power to modify its terms C. holding that attorneys fees were available to seller who elected to terminate a contract for deed in accordance with its default terms D. holding trial court erred in awarding attorneys fees to physicians in absence of any evidence of attorneys fees E. holding district court abused its discretion by entering default judgment where attorney caused delay and sanctions short of default such as costs attorneys fees or contempt of court would have likely cured the attorneys failure to respond

assistant: The best answer is C. holding that attorneys fees were available to seller who elected to terminate a contract for deed in accordance with its default 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: a partially disabled claimant to a modified-duty position, the employer has the burden of establishing that the position actually is available to the claimant. Kachinski v. Workmen's Compensation Appeal Board (Vepco Construction Co.), 516 Pa. 240, 532 A.2d 374 (1987). In considering whether a job actually is available, the claimant’s place of residence relative to the job is a relevant consideration. Dilkus v. Workmen's Compensation Appeal Board (John F. Martin & Sons), 543 Pa. 392, 671 A.2d 1135 (1996), quoting Kachinski. If an offered position is within the geographic area where others in the same community as Claimant would accept employment, the claimant’s preference is irrelevant, and the Worth and Co.), 708 A.2d 513, (Pa.Cmwlth.), appeal denied, 557 Pa. 633, 732 A.2d 617 (1998) (<HOLDING>); Womeldorf, Inc. v. Unemployment Compensation Options: A. holding that a job offer which required a claimant to make a daily round trip commute of 232 miles was unreasonable even though the claimant would be provided with a motel room because this would require the claimant to be away from home at least four nights a week B. holding that the necessity either to relocate or commute 80100 miles each way daily constituted good cause for the claimant to decline reassignment C. holding that a five month delay is unreasonable D. holding that a five month delay was unreasonable E. holding that a 150mile round trip commute was unreasonable where due to medical limitations the trip would take the claimant five hours

assistant: The best answer is E. holding that a 150mile round trip commute was unreasonable where due to medical limitations the trip would take the claimant five hours
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as are prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. Such policies have not been subject to any lapse in coverage. Neither the Company nor any Subsidiary has received any written notice of cancellation of, premium increase with respect to, or alteration of coverage under, any such policies, and neither the Company nor any Subsidiary has any reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business without a significant increase in cost.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and financially secure. Although he does not have an advantage because he was awarded custody at the temporary hearing, he did a good job caring for the boys and Lillian for two years after the temporary order was entered. He is actively involved with the lives of the boys, participating in their activities, monitoring the time they spend watching television, and reading books with them. He properly feeds, clothes, and bathes the children. He cares for them when they are sick. With Randy as the primary physical care giver, the boys will continue to live in the family home and attend the school where Ryan was enrolled. They will continue a daily relationship with their half-sister, Lillian, another factor in our decision. See In re Marriage of Pundt, 547 N.W.2d 243, 247 (Iowa App.1996)(<HOLDING>). There is a span of five years between Lillian Options: A. recognizing a strong public policy of keeping siblings together following divorce so as not to deprive children the important benefit of growing up together B. holding that a judges infringement of an important public policy is grounds for aggravation C. holding it is settled that in construing an endorsement to an insurance policy the endorsement and the policy must be read together and the words of the policy remain in full force and effect except as altered by the words of the endorsement D. recognizing a strong policy preference in favor of arbitration E. holding an exception to confrontation clause must further important public policy

assistant: The best answer is A. recognizing a strong public policy of keeping siblings together following divorce so as not to deprive children the important benefit of growing up together
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: From and after the Assignment Effective Date, the Administrative Agent shall make all payments in respect of [the][each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the][the relevant] Assignor for amounts which have accrued to but excluding the Assignment Effective Date and to [the][the relevant] Assignee for amounts which have accrued from and after the Assignment Effective Date. Notwithstanding the foregoing, the Administrative Agent shall make all payments of interest, fees or other amounts paid or payable in kind from and after the Assignment Effective Date to [the][the relevant] Assignee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party shall acquire or accept any Parts Inventory on consignment or approval. No Loan Party shall sell any Parts Inventory on consignment or approval or any other basis under which the customer may return or require a Loan Party to repurchase such Parts Inventory. The Loan Parties shall use, store and maintain all Parts Inventory with reasonable care and caution, in accordance with applicable standards of any insurance and in conformity in all material respects with all applicable Laws, and shall make current rent payments (within applicable grace periods provided for in leases) at all locations where any Collateral is located.

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 legal provision and list the applicable contract clause categories. Provision: The Transaction Documents, together with the exhibits and schedules thereto, the Prospectus and the Preliminary Prospectus, contain the entire understanding of the parties with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules.

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: damages and increased it by $10,000. He also maintains that those “adjustments” produced an aggregate award of $15,000 less than the total quotient in jury note 1. Given such large deviations, the trial court reasonably could have decided that the verdict materially varied from the quotient. Although Alabama cases recognize that a quotient verdict may still be presumed despite a minor deviation between the quotient and the verdict, see Harris, 288 Ala. at 378, 261 So.2d at 46, no Alabama case has ever considered discrepancies as large as $10,000 and $25,000 to indicate mere mathematical adjustments, or “rounding off,” to an agreed-upon quotient, even in relation to a $200,000 verdict. Compare Burgreen Contracting Co. v. Goodman, 55 Ala.App. 209, 222, 314 So.2d 284, 295 (Civ.App.1975) (<HOLDING>). “[A] material variance between the quotient Options: A. holding that the verdict must be sustained if there is any competent evidence to support the verdict B. holding that the statute that provides for a verdict of guilty but mentally ill does not preclude a death sentence as the result of such a verdict C. holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial D. holding that notwithstanding defendants consent the verdict was a nullity where the trial court proceeded to verdict with a jury of eleven E. holding that discrepancy of only 225 between a quotient of 3275 and a verdict of 3500 was so great as to completely negate the conclusion that the quotient process had been followed in arriving at the verdict

assistant: The best answer is E. holding that discrepancy of only 225 between a quotient of 3275 and a verdict of 3500 was so great as to completely negate the conclusion that the quotient process had been followed in arriving at the verdict
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: A capitalization table illustrating the authorized and the outstanding capital stock of the Company as of the date of the Investor Package is attached as Schedule 2 hereto. All of such outstanding shares have been, or upon issuance will be, validly issued, fully paid and nonassessable. As of the date of the Investor Package, except as disclosed in Schedule 2.2 hereto or pursuant to any other issuance of Securities in this Transaction, (i) no shares of the Company’s capital stock are subject to preemptive rights or any other similar rights or any liens or encumbrances suffered or permitted by the Company; (ii) there are no outstanding debt securities; (iii) there are no outstanding options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries, or contracts, commitments, understandings or arrangements by which the Company or any of its subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its subsidiaries or options, warrants, scrip, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities or rights convertible into, any shares of capital stock of the Company or any of its subsidiaries; (iv) there are no outstanding securities of the Company or any of its subsidiaries which contain any redemption or similar provisions, and there are no contracts, commitments, understandings or arrangements by which the Company or any of its subsidiaries is or may become bound to redeem a security of the Company or any of its subsidiaries; and (v) there are no securities or instruments containing anti-dilution or similar provisions that will be triggered by the issuance of the Securities. The Company has furnished to the Subscriber true and correct copies of the Company’s Certificate of Incorporation attached hereto as Schedule 5 , as amended and as in effect on the date hereof (the “ Certificate of Incorporation ”), and the Company’s By-laws, as in effect on the date hereof (the “ By-laws ”) attached hereto as Schedule 6 , and the terms of all securities convertible or exchangeable into or exercisable for Common Stock and the material rights of the holders thereof in respect thereto. Schedule 2.1 hereto also lists all outstanding debt of the Company for borrowed money.

assistant: Capitalization
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, for itself or through its parent or other Affiliates, will maintain in effect and enforce policies and procedures designed to ensure compliance by such Loan Party, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

assistant: Sanctions
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 trial court in 2010 to set aside the 2000 judgment based on lack of subject-matter jurisdiction, and this Court dismissed his appeal, specifically stating that the trial court had jurisdiction to enter the 2000 judgment, that the judgment was not void, and that the trial court lacked plenary power over the case at the time Akinwamide filed the 2010 motion. See Akinwamide TV, 2012 WL 3861229, at *2. We conclude that the record is replete with evidence that there is no reasonable probability that Akinwamide will prevail in his litigation against Transportation and that, after the litigation was finally determined against Akinwamide, he has repeatedly relitigated or attempted to reliti-gate the validity of the determination in favor of Transportation. See Forist, 141 S.W.3d at 670 (<HOLDING>). We therefore hold that the evidence supports Options: A. holding that if defendant could establish ineffective assistance of counsel in failure to file petition for review in his direct appeal then appropriate remedy would be to allow filing of petition for review out of time B. holding that bill of review is exclusive remedy on direct attack where court had jurisdictional power even if judgment void C. holding that the meritorious defense requirement in a bill of review proceeding violates due process where the bill of review plaintiff has no notice of the proceeding in which the default judgment was rendered D. holding that plaintiffs bill of review filed after texas supreme court denied her petition for review of direct appeal from final judgment constituted attempts to relitigate cause of action and thus satisfied vexatious litigant criteria E. holding that the supreme court has final appellate review of agency decisions

assistant: The best answer is D. holding that plaintiffs bill of review filed after texas supreme court denied her petition for review of direct appeal from final judgment constituted attempts to relitigate cause of action and thus satisfied vexatious litigant criteria
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Purchaser agree to execute any and all such other and further instruments and documents, and to take any and all such further actions, which are reasonably required to effectuate this Agreement and the intents and purposes hereof.

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: The initial term of employment under this Agreement (the " Initial Term " ) shall be for the period beginning on the Effective Date and ending on the first anniversary thereof, unless earlier terminated as provided in Section 7. The Initial Term shall automatically be extended for successive one year periods (each, an "Extension Term" an d , collectively with the Initial Term, the "Term"), unless either party hereto gives notice of non-extension to the other no later than 90 days prior to the expiration of the then-applicable Term. The Executive's employment with the Company shall be "at will," meaning that the Executive's employment may be terminated by the Company or the Executive at any time and for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be severable and the invalidity of any provision, or the performance of one party’s obligations under any provision, shall not affect the validity of the other provisions or the other party’s duty to perform its or his obligations under any other provision; provided, however, that upon a finding by a court of competent jurisdiction that any release or agreement in Section 3 above is illegal, void, or unenforceable, Executive agrees to execute, at the Company’s option, a release and agreement that is legal and enforceable and otherwise consistent with the terms and conditions of this Agreement. Without limiting any remedy available to the Company in respect of Section 15 of the Employment Agreement and hereunder (which remedy and obligations of Executive thereunder will survive any termination of employment with the Company), Executive agrees that Executive’s breach, or threatened breach, of the Employment Agreement or covenants hereunder will result in irreparable injury to the Company Entities, that monetary relief alone will be inadequate to redress such a breach or threatened breach, and further that the Company Entities will be entitled to obtain an injunction to prevent and/or remedy such a breach or threatened breach (without first having to post a bond or other security). In any proceeding for an injunction and upon any motion for a temporary or permanent injunction (" Injunctive Action "), the Company Entities' right to receive monetary damages will not be a bar or interposed as a defense to the granting of such injunction. The Company Entities' right to an injunction is in addition to, and not in lieu of, any other rights and remedies available to the Company Entities under law or in equity. Any Injunctive Action may be brought in any appropriate court located in Adams County, Illinois. Executive hereby irrevocably submits to the jurisdiction of the courts of the Adams County, Illinois in any Injunctive Action and waives any claim or defense of inconvenient or improper forum or lack of personal jurisdiction under any applicable law or decision. Upon the issuance (or denial) of an injunction, the underlying merits of any such dispute will be resolved in accordance with the provisions of Section 12 below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: demeanor.”). The State’s first issue is overruled. 2. Standing In its second issue, the State contends that appellee has no standing to challenge the search. See Kothe v. State, 152 S.W.3d 54, 59 (Tex.Crim.App.2004) (“Any defendant seeking to suppress evidence obtained in violation of the Fourth Amendment must first show that he personally had a reasonable expectation of privacy that the government invaded.”). The State argues that appellee has no standing to challenge the legality of the search because she was merely a passenger in the vehicle. See United States v. Spotted Elk, 548 F.3d 641, 657 (8th Cir.2008) (“The general rule is that a person has no reasonable expectation of privacy in an automobile belonging to another.”); Hughes v. State, 24 S.W.3d 833, 838 (Tex.Crim.App.2000) (<HOLDING>). This contention is insupportable given that: Options: A. holding that a passenger who lacked a property or possessory interest in the automobile or property seized lacked standing to challenge a search of the car B. holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension C. holding trial court reversibly erred in not permitting appellant to withdraw his plea where court erroneously stated appellant could appeal motion was in fact not dispositive and appellant was entitled to rely on the courts statement D. holding appellant suffered no infringement of any right ensuring freedom from unreasonable searches and seizures where appellant claims no possessory interest in the vehicle itself or in those items seized from within it E. holding that petitioners who asserted neither a property interest nor a possessory interest in property searched or seized were not entitled to assert a constitutional challenge to the search

assistant: The best answer is D. holding appellant suffered no infringement of any right ensuring freedom from unreasonable searches and seizures where appellant claims no possessory interest in the vehicle itself or in those items seized from within it