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: incorporated into § 216(b) the requirements of current Federal Rule of Civil Procedure 23. See Bayles, 950 F.Supp. at 1060-61 (discussing cases adopting this approach). For example, in Shushan v. University of Colo., 132 F.R.D. 263 (D.Colo.1990), the district court eon- eluded “that Rule 23(a)’s four prerequisites [numerosity, commonality, typicality, and adequacy of representation] and 23(b)(3)’s requirement that common questions of fact predominate should be used to determine whether plaintiffs are similarly situated.” Bayles, 950 F.Supp. at 1061 (describing Shushan holding). In a third approach, district courts have suggested incorporating into § 216(b) the requirements of the pre-1966 version of Rule 23, which allowed for “spurious” class actions. See Bayles, 950 F.Supp. at 1064 (<HOLDING>). Under the pre-1966 version of Rule 23, the Options: A. holding that because advisory committee notes to the 1966 amendments make clear that the amendments were not intended to affect 216b actions if rule 23s standards apply at all it must be through rule 23 as it existed prior to 1966 B. holding that amendments to procedure apply to both pending and future matters C. holding that adea class actions are optin actions under 216b not optout actions subject to rule 23 D. holding that the protect act amendments to the standard of review apply retroactively E. holding that the 1991 mixedmotive amendments do not apply to 1981 based on an independent analysis of the amendments and 1981

assistant: The best answer is A. holding that because advisory committee notes to the 1966 amendments make clear that the amendments were not intended to affect 216b actions if rule 23s standards apply at all it must be through rule 23 as it existed prior to 1966
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: paying $1,000 each month (Cf. Doc 43, p. 7, line 19). 9 . A true comparison of the Schedule J expenses and the Form B22C expenses cannot be made because they are described, calculated, and grouped differently from each other. 10 .The court notes that, although raised by the parties, the narrow exception for "special circumstances” found in 11 U.S.C. § 707(b)(2)(B) is a confirmation issue and not a post-confirmation modification issue. Kolb never discusses post-confirmation modification, except to raise the question this decision addresses. In re Kolb, 366 B.R. 802, 817, n. 21 (Bankr.S.D.Ohio 2007). 11 . The text in italics represents language added and the strikeout text is language removed by the enactment of BAPCPA. 12 . See, e.g., In re Solis, 172 B.R. 530 (Bankr.S.D.N.Y.1994) (<HOLDING>) and Sunahara v. Burchard (In re Sunahara), 326 Options: A. holding that plaintiff entitled to recover for changes not incorporated into contract under theory of breach B. holding that the general corporate laws are incorporated into the corporate charter C. holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint D. holding 1325b is incorporated into 1329 E. holding patent policy incorporated by reference into patent agreement

assistant: The best answer is D. holding 1325b is incorporated into 1329
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: Deveaux court held that “the time of issuance was a technical irregularity which did not affect defendant’s substantial rights.” Id. The court explained that the defendant’s constitutional rights were not violated or disturbed where, inter alia, the officer’s complaint for a search warrant was supported by an affidavit describing the place to be searched and the person and things to be seized, the defendant made no claim that the warrant lacked probable cause, and the officer executed the search after obtaining the warrant. Id. Finally, in Montana, which has a standalone constitutional provision recognizing the right to individual privacy, the misdating of a search warrant will not necessarily render the warrant invalid. See State v. Steffes, 269 Mont. 214, 887 P.2d 1196, 1210 (1994) (<HOLDING>). In sum, the clerical error in the instant Options: A. holding that evidence obtained from a search made subsequent to an illegal stop was admissible when before the search the police officer discovered that there was an outstanding arrest warrant for the defendant and the defendant was thereupon arrested pursuant to that warrant B. holding that where the search warrant was misdated june 19 1991 and was executed on june 18 1991 the misdating was merely technical and did not affect the substantial rights of the defendant C. holding that if trial courts verdict was based on hearsay statements of victim admitted in violation of the confrontation clause the error clearly would not only affect substantial rights but would seriously affect the fairness and integrity of the proceedings D. holding unconstitutional a search executed on a warrant that failed to list with particularity the items to be seized even where the supporting application contained such a list and the warrant was approved by a magistrate E. holding that the failure to properly caption and verify a petition did not affect the substantial rights of the parties

assistant: The best answer is B. holding that where the search warrant was misdated june 19 1991 and was executed on june 18 1991 the misdating was merely technical and did not affect the substantial rights of the defendant
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 the debtor” to “an interest of the debtor in property,” but the Supreme Court stated that, because this alteration was a “clarifying change,” the older language and the newer language are “coextensive.” Id. at 59 n. 3, 110 S.Ct. at 2263 n. 3. In Nordberg v. Sanchez (In re Chase & Sanborn Corp.), 813 F.2d 1177, 1181 (11th Cir.1987), which involved fraudulent transfers, we discussed “[t]he rules established in the avoidable preference cases” and explained that “any funds under the control of the debtor, regardless of the source, are properly deemed to be the debtor’s property, and any transfers that diminish that property are subject to avoidance.” See Andreini & Co. v. Pony Express Delivery Services, Inc. (In re Pony Express Delivery Servs., Inc.), 440 F.3d 1296, 1300 (11th Cir.2006) (<HOLDING>); Walker v. Wilkinson, 296 F. 850, 852 (5th Options: A. holding that a transferee is an initial transferee under the bankruptcy code if they exercise legal control over the assets received B. holding that agent of corporation who used corporate funds to secure personal loan was initial transferee C. holding a party to be an initial transferee because she was given legal title to the funds D. holding that a trustee is not required to avoid the initial transfer from the initial transferee before seeking to avoid it and recover from subsequent transferees and noting that this conclusion is consistent with case law that has disallowed automatic recovery from a subsequent transferee following the avoidance of an initial transfer through a stipulated judgment or default when the transferee had not been a party to the underlying avoidance proceeding E. holding that a trustee may settle with an initial transferee and still pursue recovery against a subsequent transferee but notwithstanding the trustee will still be required to prove that the transfers were fraudulent and improper in connection with its suit against the subsequent transferee because the trustees settlement with the initial transferee did not involve any determination on the merits as to the initial transfers and in this way the subsequent transferee will be afforded its due process rights to contest the avoidability of these initial transfers

assistant: The best answer is A. holding that a transferee is an initial transferee under the bankruptcy code if they exercise legal control over the assets received
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be delivered as set forth in the Subscription Agreement; provided that the Company may deliver to each Holder the documents required to be delivered to such Holder under Section 5(a) of this Agreement by e-mail to the e-mail addresses provided by such Holder to the Company solely for such specific purpose.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All disclosure provided to Algomizer regarding VCT, its business and the transactions contemplated hereby, including the exhibits to this Agreement, furnished by VCT with respect to the representations and warranties made herein are true and correct with respect to such representations and warranties and do not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. VCT acknowledges and agrees that Algomizer makes or has made no representations or warranties with respect to the transaction contemplated hereby other than those specifically set forth in Section 9 hereof.

assistant: Disclosures
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: motion or for any other calendar setting, shall promptly give no tice advising all other parties who have appeared in the action so that cross motions may, insofar as possible, be heard on a single hearing date. (Emphasis added.) Application of this rule would appear to require that appellant move for a hearing. Additionally, in State v. Due, which also involved the forfeiture of a bail bond, this court noted that no evidentiary hearing was requested, which implied that the appellant was not automatically entitled to a hearing. 427 N.W.2d 276, 277 (Minn.App.1988), review denied (Minn. Sept. 28,1988). Moreover, the phrase “shall be heard” does not necessarily mean that a party is entitled to an oral hearing. See, e.g., Sweet v. Comm’r of Human Servs., 702 N.W.2d 314, 321 (Minn.App.2005) (<HOLDING>). And the Minnesota Rules of Civil Procedure do Options: A. holding that a party against whom a motion for summary judgment is filed is entitled to notice and a meaningful opportunity to be heard B. holding that procedural due process requires adequate notice and a meaningful opportunity to be heard C. holding that an essential component of procedural fairness is an opportunity to be heard D. holding that counselors opportunity to submit his written case to the commissioner along with any supporting documents satisfied his right to be heard E. holding that a predeprivation opportunity to be heard satisfies the due process clause

assistant: The best answer is D. holding that counselors opportunity to submit his written case to the commissioner along with any supporting documents satisfied his right to be heard
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: decided” by the prior jury. Yeager v. United States, 557 U.S. 110, 119, 129 S.Ct. 2360, 174 L.Ed.2d 78 (2009). Usually, a special verdict clarifies which issues the jury necessarily decided. But in cases involving general verdicts, such as this one, courts must review the entire record, including “the pleadings, evidence, charge, and other relevant matter, and conclude whether a rational jury could have grounded its verdict upon an issue Cir.1993) (“Although the principles of estoppel may apply to the retrial of a ‘hung’ count, ... they apply only when ‘an issue of fact has ... been determined [in the defendant’s favor] by a valid and final judgment.” (footnotes, citations, and internal quotation marks omitted)); United States v. Salamone, 902 F.2d 237, 240-41 (3d Cir.1990) (<HOLDING>). In sum, to successfully meet the Options: A. holding that evidence in first trial concerning firearms in which defendant was acquitted of drug and rico conspiracies could be used in second trial on firearms offenses because evidence was collateral to elements of offenses in second trial B. holding that the defendant could appeal the district courts order granting a new trial because his right not to be subjected to a second trial for the same offense could not be remedied once the second trial has taken place C. holding that a city which brought an action for forfeiture of firearms recovered from a drug suspects residence was collaterally estopped from introducing evidence of drug possession thus it could not prove the firearms were used in drug transactions and could not forfeit them D. holding that drug offenses and taxevasion offenses were properly joined for trial because the likely source of income for which defendant had evaded taxes was drug distribution E. holding admissible police officers testimony that firearms are commonly used in drug trafficking

assistant: The best answer is A. holding that evidence in first trial concerning firearms in which defendant was acquitted of drug and rico conspiracies could be used in second trial on firearms offenses because evidence was collateral to elements of offenses in second trial
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: if that is not the case , the request will be forwarded ( by sms ) to the searched person ( if permissible ) , who may choose whether to share with you his number at his or her own discretion , block future requests from you or opt-out of this feature altogether .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party will, and will cause each Subsidiary to, (a) do or cause to be done all things necessary to (i) preserve, renew, and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, franchises, governmental authorizations, intellectual property rights, licenses, and permits in each case material to the conduct of its business, and (ii) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted except with respect to (A) any single location where less than $250,000 of Inventory is located and (B) two or more locations where less than $1,000,000 of Inventory in the aggregate is located, provided that, the foregoing clause (a) will not prohibit any merger, consolidation, liquidation, or dissolution permitted under Section 6.03 or Section 6.05 and (b) carry on and conduct its business in substantially the same manner and in substantially the same fields of enterprise as it is presently conducted and other fields of enterprise reasonably related thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under the due process clause.” Snaman v. Thornburgh, 956 F.2d 275 (Table), 1992 WL 33924, *2 (9th Cir. Feb. 25, 1992) (Unpub.Disp.). Because the Henrys did not raise such a constitutional challenge, the FDIC has had no opportunity to argue whether the regulation has a rational relationship to a legitimate government interest. It is clear, however, that insuring the deposits of depository institutions while simultaneously setting limits on such insurance by establishing a maximum deposit insurance amount constitutes a legitimate government interest. Requiring the aggregation of deposits maintained by a depositor at a single institution, and limiting insurance for revocable trust accounts to certain categories of beneficiaries, appears to be rationally related to this interest. See id. Options: A. holding that if status is not a fundamental right and that 1915g is rationally related to the legitimate end of deterring frivolous lawsuits B. holding transfer rule did not violate federal equal protection as rule was uniformly applied not arbitrary and rationally related to legitimate government interest C. holding that the tdjcs prohibition on long hair and beards is rationally related to legitimate state objectives D. holding that the particular method is not rationally related to legitimate government interest if it is clearly arbitrary and unreasonable E. holding that sentencing criminals in part based on criminal history is rationally related to a legitimate government interest

assistant: The best answer is D. holding that the particular method is not rationally related to legitimate government interest if it is clearly arbitrary and 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: Any amendment to the Plan shall be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto; provided , however , that no amendment shall impair the rights of the Grantee under this Agreement without the Grantee’s consent; further provided , however , that the Grantee’s consent shall not be required to an amendment that is deemed necessary by the Company to ensure compliance with Section 409A of the Code or the Dodd-Frank Wall Street Reform and Consumer Protection Act or any regulations promulgated thereunder.

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: Comply with all Applicable Laws, including ERISA, Environmental Laws, FLSA, OSHA, Anti-Terrorism Laws, PACA and laws regarding collection and payment of Taxes, and maintain all Governmental Approvals necessary to the ownership of its Properties or conduct of its business, unless failure to comply (other than failure to comply with Anti-Terrorism Laws) or maintain would have a Material Adverse Effect. Without limiting the generality of the foregoing, (a) if any Environmental Release occurs at or on any Properties of any Borrower or Subsidiary, it shall act promptly and diligently to investigate and report to all appropriate Governmental Authorities the extent of, and to make appropriate remedial action to eliminate, such Environmental Release, all as and to the extent required by Applicable Laws, and (b) if any such Environmental Release could reasonably could be expected to result in liabilities of $250,000 or more shall occur, it shall act promptly to report to Lender.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as expressly permitted in these terms , you may not : ( a ) copy , modify , or create derivative works based on the app ; ( b ) distribute , transfer , sublicense , lease , lend , or rent the app to any third party ; ( c ) reverse engineer , decompile , or disassemble the app ; or ( d ) make the functionality of the app available to multiple users through any means .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the receipt of reasonable notice from the Company (including outside counsel), Executive agrees that while employed by the Company and thereafter, Executive shall respond and provide information with regard to matters in which Executive has knowledge as a result of Executive’s employment with the Company, and will provide reasonable assistance to the Company any of the Affiliates, and its representatives in defense of any claims that may be made against the Company or the Affiliates, and will assist the Company or the Affiliates in the prosecution of any claims that may be made by the Company or the Affiliates, to the extent that such claims may relate to the period of Executive’s employment with the Company. Executive agrees to promptly inform the Company if Executive becomes aware of any lawsuits that may be filed or threatened against the Company or the Affiliates. Executive also agrees to promptly inform the Company (to the extent that Executive is legally permitted to do so) if the Executive is asked to assist in any investigation of the Company or the Affiliates, regardless of whether a lawsuit or other proceeding has then been filed against the Company or the Affiliates with respect to such investigation. Upon presentation of appropriate documentation, the Company shall pay or reimburse Executive for all reasonable attorneys’ fees, out-of-pocket travel, duplicating or telephonic expenses incurred by the Executive in complying with this Section 7.5.

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: This Agreement may be executed by facsimile and in counterparts, all of which shall be considered an original and one and the same agreement and shall become effective when counterparts have been signed by each of the parties and delivered to the other parties, it being understood that all parties need not sign the same counterpart.

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: As one commentator noted, Tort claims, which usually involve a single lump sum award are ... classically legal. A tort plaintiff is generally entitled to a jury trial. The problem thus arises about how to arrange a jury trial for [a party’s] tort claim, while keeping the fact-finding for and administration of the divorce in the judge’s hands---- There are thus two realistic possibilities for managing the problems of a jury trial in [a spouse’s] combined tort and divorce action against [the other spouse]: (1) try the tort claim before a jury first, then incorporate its factual findings and damage award in the judge’s divorce decree; (2) have both the tort and divorce claims decided by a judge. Schepard, supra, at 150; see, e.g., Tevis v. Tevis, 79 N.J. 422, 400 A.2d 1189, 1196 (1979) (<HOLDING>); Twyman v. Twyman, 855 S.W.2d 619, 625 Options: A. holding that evidence which by due diligence could have been produced in the first proceeding is considered to have been available at the first proceeding and therefore will not preclude the application of collateral estoppel B. holding that wifes tort claims should have been presented in conjunction with the divorce action to lay at rest all their legal differences in one proceeding and avoid the prolongation and fractionalization of litigation C. holding that marital tort an assault should have been asserted in the prior divorce action D. holding that reconsideration may not be based on evidence and legal arguments that could have been presented at the time of the challenged decision E. holding that interference claim against supervisors should have been submitted to jury in conjunction with discrimination claims

assistant: The best answer is B. holding that wifes tort claims should have been presented in conjunction with the divorce action to lay at rest all their legal differences in one proceeding and avoid the prolongation and fractionalization of litigation
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: crowdtangle does not assume any responsibility for any incompleteness , errors , security , viruses , bugs , problems , omissions , inaccuracies or other limitations in , or interruptions in the operation of , the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall perform such duties as are required by the Company’s President and Chief Executive Officer, to whom Executive will report. Executive’s primary work location shall be the Company’s offices in Austin, Texas; however, Executive is expected to travel frequently and shall perform her duties in other locations as reasonably necessary. Subject to Paragraph 6.2 below, the Company may modify Executive’s job title and duties as it deems necessary and appropriate in light of the Company’s needs and interests from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more identical counterparts, all of which shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party; provided that a facsimile or pdf (or other electronic reproduction of a) signature shall be considered due execution and shall be binding upon the signatory thereto with the same force and effect as if the signature were an original, not a facsimile or pdf (or other electronic reproduction of a) signature.

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: L.B.), 161 B.R. 891 (Bankr.E.D.N.Y.1993); First Nat’l Bank v. Kanawha Trace Dev. Partners (In re Kanawha Trace Dev. Partners), 87 B.R. 892, 896-97 (Bankr.E.D.Va.1988). Bank of America notes that in Lazarus and Kana-wha, the non-debtors were contributing their own capital to the debtors’ reorganization efforts, whereas here the guarantors are not. The critical fact, however, as the court sees it is that the non-debtor litigation threatens the ability of the debtors to obtain necessary funding for the reorganization plan, regardless of where or from whom the funding is coming. Just like in Lazarus and in Kanawha, the Guarantor Arbitration will likely impair the debtors’ ability to fund their reorganization plan. See, e.g., Gander Partners, LLC v. Harris Bank, N.A., 432 B.R. at 788 (<HOLDING>). Based on the foregoing, the court finds that Options: A. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors B. holding that payments made by third parties on behalf of debtors are disbursements notwithstanding the debtors lack of control over the funds C. recognizing that the debtors principals credit standings could be adversely affected endangering the debtors by decreasing their ability to guarantee the debtors efforts to refinance if litigation against the principals were not stayed D. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons E. holding that a debtors 522d1 exemption was invalid when the debtor exempted proceeds from the prepetition sale of the debtors marital home which were paid to a judgment creditor with an attachment on the debtors interest in the home

assistant: The best answer is C. recognizing that the debtors principals credit standings could be adversely affected endangering the debtors by decreasing their ability to guarantee the debtors efforts to refinance if litigation against the principals were not stayed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that any provision hereof becomes or is declared by a court or other tribunal of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: such additional uses by twitter , or other companies , organizations or individuals , may be made with no compensation paid to you with respect to the content that you submit , post , transmit or otherwise make available through the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: When, under applicable tax laws, Participant incurs tax liability in connection with the vesting or settlement of any RSUs or issuance of Shares in connection therewith that is subject to tax withholding by the Company, the Company may, at the Compensation Committee’s election, satisfy the minimum tax withholding obligation on behalf of the Participant by either (a) withholding from the Shares to be issued, the number of Shares having a fair market value (determined on the date that the amount of tax to be withheld is determined) equal to the amount required to be withheld for income and employment taxes, or (b) arranging to have sold on Participant’s behalf through such means as the Company may determine in its sole discretion (whether through a broker or otherwise) a sufficient number of Shares that is equal to the amount required to be withheld. The Company shall arrange to sell or withhold a whole number of shares to satisfy the minimum tax withholding obligation, and to the extent that any tax obligation balance remains, such amount shall be withheld from your following payroll cycle, if applicable.

assistant: Withholdings
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 may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before June 30, 2015; provided, however, that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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 legal provision and list the applicable contract clause categories. Provision: This Agreement supersedes any other previous agreements and arrangements whether written, oral or implied between the Company and the Executive relating to the employment of the Executive, without prejudice to any rights accrued to the Company or the Executive prior to the commencement of his employment under this Agreement.

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: lease. See Tex. Prop.Code Ann. § 24.002(a) (Vernon 2000). Here, the trial court awarded lost rents pursuant to Texas Rule of Civil Procedure 752, which provides in pertinent part: On the trial of the cause in the county court the appellant or appellee shall be permitted to plead, prove and recover his damages, if any, suffered for withholding or defending possession of the premises during the pendency of the appeal. Damages may include but are not limited to loss of rentals during the pendency of the appeal ... Tex.R. Civ. P. 752. To support an award of lost rents under rule 752, the plaintiff must prove the defendant occupied the leased premises during the pendency of the appeal. See Powell v. Mel Powers Inv. Builder, 590 S.W.2d 837, 839 (Tex.App.Houston [14th DistJ 1979, no writ) (<HOLDING>). Appellant argues there is no evidence in the Options: A. holding evidence insufficient to support conviction when none of the defendants had any proprietary interest nor previous association with the premises and there was no evidence of how long the defendants had been on the premises prior to the arrival of the police B. holding that there was no evidence or inferences to be drawn from the evidence to support the damage award C. holding that the trial courts damages award was against the manifest weight of the evidence because it was based upon inadmissible evidence D. holding the trial courts findings were insufficient to support a lumpsum award E. holding evidence was insufficient to support trial courts award of lost rents under rule 752 because no evidence showed tenant occupied premises during pendency of appeal

assistant: The best answer is E. holding evidence was insufficient to support trial courts award of lost rents under rule 752 because no evidence showed tenant occupied premises during pendency of appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You will be eligible to participate in such medical, retirement and other benefits as are approved by the Board. As is the case with all employee benefits, such benefits will be governed by the terms and conditions of applicable plans or policies, which are subject to change or discontinuation at any time.

assistant: Benefits
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: Termination or expiration of this Agreement for any reason will be without prejudice to any rights that will have accrued to the benefit of any Party prior to such termination or expiration, and any and all damages or remedies (whether in law or in equity) arising from any breach hereunder, each of which will survive termination or expiration of this Agreement. Such termination or expiration will not relieve any Party from obligations which are expressly indicated to survive termination or expiration of this Agreement. Except as otherwise expressly set forth in this Agreement, the termination provisions of this Article 13 are in addition to any other relief and remedies available to either Party under this Agreement and at Law.

assistant: Remedies
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: Executive’s execution of a complete and general release of any and all of his potential claims (other than for benefits and payments described in this Agreement or any other vested benefits with the Employees and/or their affiliates) against the Employer, any of its affiliated companies, and their respective successors and any officers, employees, agents, directors, attorneys, insurers, underwriters, and assigns of the Employer or its affiliates and/or successors, in a form provided by Employer (which form shall be generally consistent with the form severance agreement and general release then used by Employer for senior executives), and any legally required revocation period applicable to such release having expired without Executive revoking such release, is an express condition of Executive’s right to receive termination payments, vesting, and benefits under this Agreement. Executive shall be required to execute, within 45 days after Executive’s termination of employment, a general waiver and release agreement which documents the release required udner this section 6(i).

assistant: Releases
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: Executive shall be entitled to four (4) weeks of annual vacation leave for each Fiscal Year during which Executive is employed (prorated for Executive’s initial year, if not a full year). Such leave shall be administered in accordance with the Company’s vacation policy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF CALIFORNIA. EACH OF THE PARTIES HERETO AGREES THAT ALL ACTIONS OR PROCEEDINGS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY MUST BE LITIGATED EXCLUSIVELY IN ANY SUCH STATE OR FEDERAL COURT, AND ACCORDINGLY, EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH LITIGATION IN ANY SUCH COURT.

assistant: Consent To 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: In addition to and supplemental of the anniversary fees described in the Tenth Loan Modification Agreement (Domestic) and all other fees and expenses under the Loan Documents, Borrower shall pay to Bank a fully-earned, non-refundable modification fee equal to Five Thousand Dollars ($5,000), payable on or before the Eleventh Loan Modification (Domestic) Effective Date. Borrower shall also reimburse Bank for all legal fees and expenses incurred in connection with the Existing Loan Documents and this Loan Modification Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of fact for each factor if there is sufficient evidentiary support on the record for the finding of the lack of good cause.” Id. “A motion under Rule 55(c) is addressed to the sound discretion of the trial court.” Id. Owens contends he has shown good cause for failing to answer the complaint. First, Owens argues Paddy misled him into believing Paddy had hired an attorney to answer the complaint on Owens’s behalf. Owens asserts he reasonably relied on Paddy’s representations because Paddy had his power of attorney, which allowed him to act on Owens’s behalf regarding the property. Owens argues he immediately hired an attorney when he learned Paddy did not file an answer on his behalf. Owens maintain to the factors outlined in Wham. See Wham, 298 S.C. at 465, 381 S.E.2d at 501-02 (<HOLDING>). Owens contends his motion for relief was Options: A. holding the master shall consider the following factors in deciding whether to grant relief from an entry of default 1 the timing of the motion for relief 2 whether the defendant has a meritorious defense and 3 the degree of prejudice to the plaintiff if relief is granted B. holding that an appellate court should not undertake to review whether a plaintiff failed to state a claim upon which relief can be granted when the only motion filed and the only motion on appeal was the trial courts grant of summary judgment C. holding that the court must balance these factors against one another and against the extent of the relief sought and movant bears the burden of proving entitlement to relief D. holding that in determining whether a discovery violation warrants the sanction of exclusion of evidence a court must look to whether the violation was substantial the timing of the violation the reason for the violation the degree of prejudice to the parties whether such prejudice may be cured by a postponement and the desirability of a continuance E. holding that the district court must resolve all claims for relief raised in a habeas petition regardless of whether habeas relief is granted or denied

assistant: The best answer is A. holding the master shall consider the following factors in deciding whether to grant relief from an entry of default 1 the timing of the motion for relief 2 whether the defendant has a meritorious defense and 3 the degree of prejudice to the plaintiff if relief is granted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by New York law. The parties hereby agree that any dispute which may arise between them arising out of or in connection with this Agreement shall be adjudicated only before a federal court located in the State of New York and they hereby submit to the exclusive jurisdiction of the federal and state courts of the State of New York with respect to any action or legal proceeding commenced by any party, and irrevocably waive any objection they now or hereafter may have respecting the venue of any such action or proceeding brought in such a court or respecting the fact that such court is an inconvenient forum, relating to or arising out of this Agreement or any acts or omissions relating to the registration of the securities hereunder, and consent to the service of process in any such action or legal proceeding by means of registered or certified mail, return receipt requested, in care of the address set forth below or such other address as the undersigned shall furnish in writing to the other.

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 legal provision and list the applicable contract clause categories. Provision: During the Transition Period, Seller will keep and maintain complete and accurate written and electronic records and accounts relating to its performance of the Services and performance of its obligations under this Agreement. Buyer or its designee will, at no cost to Buyer, have the right, upon reasonable advance notice and during normal business hours, to audit and inspect Seller’s books and records relating to the Services and the performance of Seller’s obligations under this Agreement.

assistant: Records
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: than one and one-half times the regular rate at which he is employed.” FedEx argues it is entitled to summary judgment on the overtime claims of 24 of the 25 Plaintiffs asserting such claims. First, FedEx argues that the ten Plaintiffs with overtime claims who stopped working for FedEx before January 1, 2007 are exempt from the MMWL. Before January 1, 2007, the MMWL excluded from its definition of “employee” any “individuals employed by an employer” subject to the Fair Labor Standards Act (“FLSA”). See, e.g., Mo. Ann. Stat. § 290.500, Historical and Statutory Notes, 2006 Amendment (West 2012) (providing that “individuals employed by an employer covered by 29 U.S.C. § 203” were not subject to the state statute); Doyel v. McDonald’s Corp., 2009 WL 350627, at *2 (E.D.Mo. Feb. 10, 2009) (<HOLDING>). FedEx contends it is an “employer” within the Options: A. holding that employees may not contract away their flsa rights B. holding that claims arising from a june 2007 loan were governed by the preamendment statute C. holding that the statute plainly exempted all employees who were covered by the flsa before january 1 2007 D. holding under flsa E. holding that maintenance workers in a building that did produce goods for interstate commerce were covered under the flsa

assistant: The best answer is C. holding that the statute plainly exempted all employees who were covered by the flsa before january 1 2007
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: if any provision of this agreement shall be held by a court of competent jurisdiction to be unlawful , void , or unenforceable , then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions .

assistant: None