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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Executive shall, subject to and in accordance with the terms and conditions of the applicable plan documents and all applicable laws, be eligible to participate in all of the employee benefit, fringe, and perquisite plans, practices, policies, and arrangements the Company makes available from time to time to its similarly situated senior executive officers generally. The Executive will be eligible to participate in the Company’s benefits on the first day of the month following his Commencement Date.

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 case excerpt and choose the best holding from the options. Case excerpt: at 7-13. “ Whether an administrative agency’s order or regulation is severable ... depends on the issuing agency’s intent.’ ” Davis Cnty. Solid Waste Mgmt. v. EPA 108 F.3d 1454, 1459 (D.C.Cir.1997), quoting North Carolina v. FERC, 730 F.2d 790, 795-96 (D.C.Cir.1984). In analyzing whether an agency action is severable, courts consider whether the parts of the order are “intertwined” or whether “they operate entirely independently of one another.” Id. In doing so, they examine the purpose of the agency’s action and whether the action “sensibly serve[s] the goals for which it was designed” without the severed portion. MD/DC/DE Broadcasters Ass’n v. FCC, 253 F.3d 732, 734 (D.C.Cir.2001); see also Assoc. of Private Colleges & Universities v. Duncan, 870 F.Supp.2d 133, 155-57 (D.D.C.2012) (<HOLDING>). According to the D.C. Circuit, reviewing Options: A. holding that assault and kidnapping charges do not merge as they are not the same act for purposes of blockburger and as each required proof of an element the other did not B. recognizing that the application of fourth amendment rights are personal in nature and are invariably intertwined with the concept of standing C. holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined D. holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived E. recognizing that determinations of whether there are grounds for equitable tolling are highly fact dependent

assistant: The best answer is C. holding that when regulations are intended to have different purposes and are not dependent on each other they are not intertwined
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 any provision of this Agreement should be held invalid, illegal, or unenforceable in any jurisdiction, the Parties shall negotiate in good faith a valid, legal and enforceable substitute provision that nearly reflects the original intent of the Parties and all other provisions of this Agreement shall remain in full force and effect in such jurisdiction. Such invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.

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: you agree not to modify the software in any manner or form , nor to use modified versions of the software , including ( without limitation ) for the purpose of obtaining unauthorized access to the yahoo 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 case excerpt and choose the best holding from the options. Case excerpt: judge continued the polling, and when all of the other jurors responded that they found the defendant guilty, the judge returned to questioning the first juror, who eventually changed her verdict. We held that “to continue the poll in the absence of ... a request [by defense counsel] is error.” 273 A.2d at 845. Finally, in Kendall the first juror revealed during a poll that she had found the defendant not guilty on one of the seven counts at issue. The judge clarified that he was asking about the first co C.1983) (affirming a conviction because “unspoken communicative factors play[ed] a large role” in understanding what a juror meant when she said, “Guilty, I guess”); Ellis v. United States, 395 A.2d 404, 408 (D.C.1978), cert. denied, 442 U.S. 913, 99 S.Ct. 2830, 61 L.Ed.2d 280 (1979) (<HOLDING>). Those cases are distinguishable on their Options: A. holding that it was not reversible error to continue polling the remaining jurors on all counts when the disputed count was later dismissed B. holding that to compare severity of sentences the proper procedure is first to disregard the sentence originally imposed on the dismissed count and then compare the total remaining sentence imposed on the remaining counts with the petitioners present position C. holding that states appeal of trial courts dismissal of first count in a four count indictment under cj 12302cl was not ripe until final judgment on the remaining counts pled in the guilty plea and noting that upon imposition of the sentences on the remaining counts the situation was ripe for the state to appeal or to perfect its earlier attempt to appeal D. holding that severance was not required when a defendant was charged with five counts of forcible rape two counts of felonious restraint three counts of kidnapping two counts of armed criminal action two counts of forcible sodomy one count of second degree assault one count of first degree robbery and one count of stealing E. holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts

assistant: The best answer is A. holding that it was not reversible error to continue polling the remaining jurors on all counts when the disputed count was later dismissed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 471 U.S. 290, 296, 105 S.Ct. 1953, 85 L.Ed.2d 278 (1985) (internal quotation marks and citation omitted). The Department of Labor’s (“DOL”) regulations, which provide “[gjuiding principles for applying coverage and exemption provisions,” state that “[i]t is clear that Congress intended the Fair Labor Standards Act to be broad in its scope.” 29 C.F.R. § 779.101. Moreover, an employer who claims an exemption under the Act has the burden of showing that it applies. Id. (citing Mitchell v. Kentucky Finance Co., 359 U.S. 290, 79 S.Ct. 756, 3 L.Ed.2d 815 (1959); Walling v. General Indus. Co., 330 U.S. 545, 67 S.Ct. 883, 91 L.Ed. 1088 (1947); Fleming v. Hawkeye Pearl Button Co., 113 F.2d 52 (8th Cir.1940)); see also Bilyou v. Dutchess Beer Distrib., Inc., 300 F.3d 217, 222 (2d Cir.2002) (<HOLDING>) (citing Arnold v. Ben Kanowsky, Inc., 361 U.S. Options: A. holding that employer bears the burden of proving applicability of flsa exemptions B. holding under flsa C. holding that the scope and application of state exemptions are defined by the state courts and that we are bound by their interpretations D. recognizing the exemptions under the flsa are narrowly construed against the employers seeking to assert them and their application limited to those establishments plainly and unmistakably within their terms and spirit and that the burden of invoking these exemptions rests upon the employer E. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa

assistant: The best answer is D. recognizing the exemptions under the flsa are narrowly construed against the employers seeking to assert them and their application limited to those establishments plainly and unmistakably within their terms and spirit and that the burden of invoking these exemptions rests upon the employer
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 right, benefit or interest hereunder shall be subject to assignment, encumbrance, charge, pledge, hypothecation or setoff by the Executive in respect of any claim, debt, obligation or similar process, except by will or by the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by the Executive’s legal personal representatives. This Agreement shall be binding upon and shall inure to the benefit of the Employer, its successors and assigns. The Employer will require any successor or assign (whether direct or indirect, by purchase, merger, consolidation, operation of law or otherwise) to all or substantially all of the business or assets of the Employer to assume expressly and to agree to perform this Agreement in the same manner and to the same extent that the Employer would be required to perform it if no such succession or assignment had taken place. The term “the Employer” as used herein shall include any such successors and assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows, with notice deemed given upon receipt or refusal: (i) by overnight courier service; (ii) hand delivery; or (iii) by certified or registered mail, return receipt requested. Notice shall be sent to the addresses set forth below or to such other address as either party may specify in a notice given under this Section 17(k).

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: T he PSU s will become vested , to the extent earned, on December 31, at the end of the Award Period ; provided, however, that the Participant’s employment or service continues from the Grant Date until the vesting date , and except as otherwise provided in Section 4 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is intended by the parties hereto as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto and thereto in respect of the subject matter contained herein and therein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No issuance of an unrestricted Unit (or payment of any distributions with respect to such Units held as provided in Section 3 of this Agreement) shall be made or paid pursuant to this Agreement until Employee has paid or made arrangements approved by the Company to satisfy in full the applicable tax withholding requirements of the Company or Affiliate thereof with respect to such event.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: standing. See id. To determine whether a licensee is a bare licensee or an exclusive licensees the court must “aseertain[ ] the intent of the parties to the license as manifested by the terms of their agreement and examining the substance of the grant.” Textile Productions, Inc. v. Mead Corp., 134 F.3d 1481, 1484 (Fed.Cir.1998); see Ortho Pharmaceutical, 52 F.3d at 1032 (“To resolve the issue of standing, we must examine the licensing agreement to determine whether the parties intended to effect a transfer of proprietary rights to the licensee as an incident to protection of its interests.”). In particular, if the patent owner reserves the right to grant other licenses in the future, then the licensee is not an exclusive licensee. See Ortho Pharmaceutical, 52 F.3d at 1033-34 (<HOLDING>); see also, e.g., Textile Productions, 134 F.3d Options: A. holding that an exclusive license granting the licensor a reversionary interest in the patent in the event of the licensees bankruptcy was a grant of all substantial rights such that the licensee could sue for patent infringement B. holding that the trial court may not grant summary judgment on a ground not raised in the motion C. holding governments repudiation of license gave patentee right to terminate license D. holding that a licensee was nonexclusive on the ground that the patentee had reserved the right to grant additional licenses despite the existence of a righttosue clause in the license E. holding that nonexclusive license is not transferable without copyright owner authorization

assistant: The best answer is D. holding that a licensee was nonexclusive on the ground that the patentee had reserved the right to grant additional licenses despite the existence of a righttosue clause in the license
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: underlying prior orders- in this action, and that the court was required to accept those prior orders and the findings therein. [¶ 24] A party is foreclosed from relitigating factual issues that have already been decided “if the identical issue was determined by a prior final judgment, and ... the party estopped had a fair opportunity and incentive in an earlier proceeding to present the same factual issue or issues it wishes to litigate again in a subsequent proceeding.” Id. (alteration in original) (emphasis added) (quotation marks omitted). We have held that “[p]rinciples of res judicata must be applied with caution in domestic relations cases” because of changing developments that affect a child’s best interests. Id. If 41; cf. Preston v. Tracy, 2008 ME 34, ¶¶ 12, 15, 942 A.2d 718 (<HOLDING>). [¶25] Here, at the time of the final hearing Options: A. holding that the reasonableness inquiry is based upon the totality of the circumstances in determining whether or not a search was reasonable B. holding that a finding that a party willfully misused the protection from abuse process was not binding on the court in a subsequent divorce action because when determining parental rights and responsibilities a court must make an independent examination of the totality of the circumstances after hearing fresh evidence C. holding that in determining prejudice a court hearing an ineffectiveness claim must consider the totality of the evidence before the judge or jury D. recognizing that totality of circumstances must be considered in determining permissible inferences E. holding that in determining the voluntariness of a waiver of miranda rights a court must evaluate the totality of the circumstances

assistant: The best answer is B. holding that a finding that a party willfully misused the protection from abuse process was not binding on the court in a subsequent divorce action because when determining parental rights and responsibilities a court must make an independent examination of the totality of the circumstances after hearing fresh evidence
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 minus balance was attached. We construe Mr. Montana’s pro se filings in this court liberally, as we are required to under Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972) (per curiam). Our jurisdiction arises under 28 U.S.C. § 1291, and we reverse the denial of the IFP petition and grant Mr. Montana’s petition to proceed IFP on appeal. Discussion As an initial matter, we remind Mr. Montana that the ability to proceed IFP is a privilege, not a right. White v. Colorado, 157 F.3d 1226, 1233 (10th Cir.1998). We review the district court’s dismissal without prejudice for failure to provide prison account statements for an abuse of discretion, as required by 28 U.S.C. § 1915(a)(2). See Denton v. Hernandez, 504 U.S. 25, 33, 112 S.Ct. 1728, 118 L.Ed.2d 340 (1992) (<HOLDING>). Quite frankly, we are troubled by Mr. Options: A. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion B. holding that denial of joinder motion is reviewed for abuse of discretion C. holding that a 1915a dismissal as frivolous is reviewed for abuse of discretion D. holding that the imposition of sanctions is reviewed for abuse of discretion E. holding that the dismissal of a frivolous action reviewed for abuse of discretion

assistant: The best answer is E. holding that the dismissal of a frivolous action reviewed for abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the Seller Disclosure Schedules (which reflect the manner in which each item is treated for financial reporting purposes), there are no actions, suits, or proceedings pending or, to the knowledge of Seller, threatened by or against, or affecting Seller or its properties, at law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind; Seller does not have any knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule, or regulation of any court, arbitrator, or governmental agency or instrumentality.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Awards may be granted on the terms and conditions set forth in this Section 6. In addition, the Committee may impose on any Award or the exercise thereof, at the date of grant or thereafter (subject to Section 10(e)), such additional terms and conditions, not inconsistent with the provisions of the Plan, as the Committee shall determine, including terms requiring forfeiture of Awards in the event of termination of the Participant’s Continuous Service and terms permitting a Participant to make elections relating to his or her Award. Except as otherwise expressly provided herein, the Committee shall retain full power and discretion to accelerate, waive or modify, at any time, any term or condition of an Award that is not mandatory under the Plan. Except in cases in which the Committee is authorized to require other forms of consideration under the Plan, or to the extent other forms of consideration must be paid to satisfy the requirements of Florida law, no consideration other than services may be required for the grant (as opposed to the exercise) of any Award.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Section 5.17 of the Disclosure Schedule , there is no Proceeding pending or, to the Knowledge of Seller, threatened against, by, or otherwise directly involving the Company, the Operating Company, or any of their respective assets or properties or, to the Knowledge of Seller, job-sites (even if they are not named in such Proceeding) nor is there any Decree of any Governmental Authority outstanding against or directly involving the Company, the Operating Company, or any of their respective assets or properties. Except as set forth on Section 5.17 of the Disclosure Schedule , in the past five (5) years, neither the Company nor the Operating Company has been party to any Proceeding by or before a Governmental Authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will use the proceeds of the Loans and the Letters of Credit only for general corporate purposes of the Borrower and the Subsidiaries, including to finance, in part, the Ixia Acquisition and the Ixia Refinancing and the payment of fees and expenses related thereto and to finance repurchases of the outstanding common stock of the Borrower and other acquisitions. The Borrower will not permit the proceeds of any Loan or any Letter of Credit to be used, whether directly or indirectly, and whether immediately, incidentally or ultimately, for any purpose that entails a violation of the provisions of the regulations of the Board of Governors, including Regulation U or Regulation X. The Borrower will not permit more than 25% of the value of the assets of the Borrower individually, or of the Borrower and the Subsidiaries on a consolidated basis, that are subject to any provision of this Agreement under which the sale, pledge or disposition of assets is restricted (within the meaning of Regulation U) to consist of margin stock (as defined in Regulation U).

assistant: Use Of Proceeds
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 APD. We affirm on the merits, but vacate in part the order awarding attorney’s fees. I Carleton maintains that his substantive due process rights were violated when he suffered psychological harm from being relegated to Division Chief in Bixel. However, this was neither alleged in Carleton’s pleadings nor raised in any form in district court, so we decline to consider it. In any event, the argument lacks authority in support. Carleton also posits that Fukai’s treatment amounted to a stigma that prevents him from performing legal management positions. This fails because Carle-ton was not denied the right to engage in his chosen profession, the practice of law, which is the relevant universe — not legal management. See Nunez v. City of Los Angeles, 147 F.3d 867, 873 (9th Cir.1998) (<HOLDING>). Indeed, Carleton still holds a legal position Options: A. holding there is no protected liberty interest in maintaining the foster family relationship B. holding that the plaintiff owner of a restaurantbar stated a cause of action for deprivation of a liberty interest by alleging that the defendant city engaged in a campaign of harassment that infringed on the plaintiffs constitutional right to pursue an occupation C. holding that harassment and delay in plaintiffs attempt to obtain a barbers license constitutes a due process violation of the plaintiffs liberty interest in the pursuit of that occupation D. holding that there was no liberty interest for the typical foster parents in question E. holding that while there is a centuriesold concept of liberty of occupation there is no similar notion of liberty of position or rank within an occupation

assistant: The best answer is E. holding that while there is a centuriesold concept of liberty of occupation there is no similar notion of liberty of position or rank within an occupation
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: Debtor hereby acknowledges and agrees that there are no defenses, counterclaims, offsets, cross-complaints, claims or demands of any kind or nature whatsoever to or against Lender or the terms and provisions of or the obligations of Debtor under the Loan Documents and the other agreements, instruments and documents evidencing, securing, governing, guaranteeing or pertaining thereto, and that Debtor has no right to seek affirmative relief or damages of any kind or nature from Lender. To the extent any such defenses, counterclaims, offsets, cross-complaints, claims, demands or rights exist, Debtor hereby waives, and hereby knowingly and voluntarily releases and forever discharges Lender and its predecessors, officers, directors, agents, attorneys, employees, successors and assigns, from all possible claims, demands, actions, causes of action, defenses, counterclaims, offsets, cross-complaints, damages, costs, expenses and liabilities whatsoever, whether known or unknown, such waiver and release being with full knowledge and understanding of the circumstances and effects of such waiver and release and after having consulted legal counsel with respect thereto.

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: (a) Any and all payments by or on account of any obligation of the Borrowers hereunder shall be made free and clear of and without deduction for any Indemnified Taxes or Other Taxes; provided that if any Borrower shall be required to deduct any Indemnified Taxes or Other Taxes from such payments, then (i) the sum payable shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section) the Administrative Agent, Lender or Issuing Bank (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Borrower shall make such deductions and (iii) such Borrower shall pay the full amount deducted to the relevant Governmental Authority in accordance with Applicable Law.

assistant: Taxes
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: immediately discontinue use of the yahoo services and consult your physician if you experience any of the following symptoms while using the yahoo service : dizziness , altered vision , eye or muscle twitches , loss of awareness , disorientation , any involuntary movement , or convulsions .

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: Any notice, request, demand or other communication required or permitted hereunder shall be deemed to be properly given when personally served in writing, when deposited in the United States mail, postage prepaid, or when communicated to a public telegraph address appearing at the beginning of this Agreement. Either party may change its address by written notice in accordance with this paragraph.

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: This Agreement shall be subject to termination in the absolute discretion of the Representative, by notice given to the Company prior to delivery of and payment for the Securities, if at any time prior to such time (i) trading in securities generally on the New York Stock Exchange shall have been suspended or limited or minimum prices shall have been established on such exchange; (ii) a banking moratorium shall have been declared either by U.S. federal or New York State authorities; (iii) there shall have occurred a material disruption in commercial banking or securities settlement or clearance services; or (iv) there shall have occurred any outbreak or escalation of hostilities, declaration by the United States of a national emergency or war or other calamity or crisis, in each case, the effect of which on financial markets is such as to make it, in the sole judgment of the Representative impractical or inadvisable to proceed with the offering or delivery of the Securities as contemplated in the Disclosure Package and the Final Memorandum (exclusive of any amendment or supplement thereto).

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: As used in this letter agreement (this “Agreement”), the term “Evaluation Material” means all information regarding the Company, its affiliates and its and their respective businesses, technology, products, prospects and plans, a Transaction (including the fact that the Company or its affiliates may pursue a Transaction with you and the existence and terms of this Agreement) and other information furnished to you or your Representatives (as defined below) by the Company or any of its Representatives in connection with the Transaction, irrespective of form or medium of communication, whether prepared by the Company, its Representatives or otherwise and whether furnished on or after the date of this Agreement, together with all tangible and intangible embodiments and copies thereof and together with any and all analyses, compilations, summaries, forecasts, studies or other materials prepared by you or your Representatives that contain, are based on or otherwise incorporate, in whole or part, such information. 3. Unless otherwise required by applicable law or legal process or stock exchange rule or regulation, but only after compliance with paragraph 6 below under the heading “Compelled Disclosure,” neither the Company nor its Representatives will, without your prior written consent, disclose to any other person that investigations, discussions or negotiations have taken or may take place concerning a possible Transaction, or any of the terms, conditions or other facts with respect to any such possible Transaction, including, without limitation, the status thereof, the existence and terms of this Agreement and the fact that the Evaluation Material has been made available to you. 4. Unless otherwise required by applicable law or legal process or stock exchange rule or regulation, but only after compliance with paragraph 6 below under the heading “Compelled Disclosure,” neither you nor your Representatives will, without the Company’s prior written consent, disclose to any other person either the fact that the Company or its affiliates may pursue a Transaction with you or anyone else, that investigations, discussions or negotiations have taken or may take place concerning a possible Transaction, or any of the terms, conditions or other facts with respect to any such possible Transaction, including, without limitation, the status thereof, the existence and terms of this Agreement and the fact that the Evaluation Material has been made available to you.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the fullest extent permitted by law , crowdtangle disclaims all warranties , representations and conditions of any kind with respect to the services whether express , implied or collateral , including , without limitation , the implied warranties and conditions of merchantability , fitness for a particular purpose or that the services are or will be secure , complete or free of errors , viruses , bugs , problems or other limitations or will operate without interruption .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to defend at our option , indemnify and hold harmless the masquerade parties from and against all liabilities , claims , damages , losses and expenses of any kind ( including reasonable legal fees and costs ) relating to , arising out of , or in any way in connection with any of the following : ( a ) your access to or , use of , or inability to use the services , including information provided in connection therewith ; ( b ) your breach or alleged breach of our terms and policies ; ( c ) any misrepresentation made by you ; or ( d ) your content .

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: Sections 1 (“Definitions”), 3 (“Severance”), 4 (“Non-Disparagement”), 5 (“Condition to Severance Obligations”), 6 (“Injunctive Relief”), 7 (“Agreement to Arbitrate”) and 9 (“General Provisions”) of this Agreement shall survive termination of Executive’s employment with the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between Seller and Purchaser with respect to the Property and shall not be modified or amended except in a written document signed by Seller and Purchaser. Any prior agreement or understanding between Seller and Purchaser concerning the Property is hereby rendered null and void.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of Section 2.1(c) , Section 2.7 , Section 2.8 , Section 5.1 , Article VI or Article VII , this Section 8.2 , Section 8.4 , Section 8.5 and Section 8.9 shall survive termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Site List containing information on approximately 21,000 sites with known or suspected contamination. Of those sites, over 6,000 have confirmed contamination, another 5,670 require investigation to determine whether there is contamination, and the remaining 44% of sites require no further action at this time. New Jersey’s environmental legislation is intended to cast a wide net over contaminated sites to insure the preservation and remediation of the environment. The basis for New Jersey’s site remediation program is that the person responsible for the hazardous substance is strictly liable under New Jersey statutes and rules for the costs associated with a discharge. See N.J.S.A. 58:10-23.11g(c)(1); State, Dep’t Envtl. Protection v. Ventron Corp. 94 N.J. 473, 493, 468 A.2d 150 (1983) (<HOLDING>). The obligation of responsible parties to come Options: A. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages B. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land C. holding that those who poison the land must pay for its cure D. holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute E. recognizing general proposition that if land is artificially submerged for the statutory period necessary to change ownership of the land title to the submerged land is passed to the state in trust for the public

assistant: The best answer is C. holding that those who poison the land must pay for its cure
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 such provisions “cannot make out the requisite congressional intent to confer individual rights enforceable by § 1983.” Gonzaga, 536 U.S. at 289, 122 S.Ct. at 2278. Further, Congress has required the Secretary of Health and Human Services to promulgate regulations for the review of the child welfare and adoption assistance programs set out in Parts B and E in order “to determine whether such programs are in substantial conformity with — State plan requirements under such parts B and E.” 42 U.S.C. § 1320a-2a(a)(l) (emphasis added). The substantial conformity requirement is similar to FERPA’s, which the Court in Gonzaga concluded showed an aggregate instead of an individual focus. 536 U.S. at 288, 122 S.Ct. at 2278; see also Blessing, 520 U.S. at 335, 343, 117 S.Ct. at 1357, 1361 (<HOLDING>). As for enforcement of §§ 675(5)(D) and (E), Options: A. holding that use of social security benefits satisfied child support obligation B. holding the provisions of a new york welfare program that conflicted with federal regulations under the social security act invalid under the supremacy clause C. holding that substantial compliance with notice is sufficient D. holding that title ivd of the social security act did not support a right enforceable pursuant to 1983 in part because the statute mandated substantial compliance with federal regulations E. holding a social security number is not private

assistant: The best answer is D. holding that title ivd of the social security act did not support a right enforceable pursuant to 1983 in part because the statute mandated substantial compliance with federal regulations
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 has been, and each of the Ancillary Documents to which it is a party will be, duly executed and delivered by such and, assuming that this Agreement and each of the Ancillary Documents to which it is a party constitutes the legal, valid and binding obligation of each of the other Parties thereto, constitutes the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms, except to the extent that the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws of general application affecting enforcement of creditors’ rights generally.

assistant: Enforceability
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: DSA in the state general fund among the several county school districts on a quarterly basis, starting on or before August 1, November 1, February 1, and May 1 of each year. The DSA must be funded for the current biennium for this to occur. 9 See Campaign for Fiscal Equity, Inc. v. State of New York, 801 N.E.2d 326 (N.Y. 2003) (noting that simple direction of education authorities to follow the New York State Constitution is problematic in terms of effecting compliance and in terms of providing adequate judicial redress for a constitutionally infirm education funding system). 10 Nev. Const. art. 4, § 1; see generally Nev. Const, art. 19. 11 R.T.K., Annotation, Mandamus to Members or Officer of Legislature, 136 A.L.R. 677, 677 (1942); e.g., Wells v. Purcell, 592 S.W.2d 100 (Ark. 1979) (<HOLDING>); Limits v. President of the Senate, 604 N.E.2d Options: A. holding that to grant a writ of mandamus a court in the exercise of its discretion must be satisfied that the writ is appropriate under the circumstances B. holding that sovereign immunity does not bar a mandamus action against the governor and the department of transportation to compel their performanee in accordance with constitutional and legislative mandates C. holding that a writ of mandamus could not be issued to compel legislative officers to adjourn or attempt to adjourn the legislature or to obtain an adjournment from the governor D. holding a claim not previously raised or ruled on by the circuit court was waived in an appeal from the denial of a writ of mandamus E. recognizing petitioner for writ of mandamus must demonstrate clear legal right to the act sought to be compelled and no other plain speedy and adequate remedy in the ordinary cause of law and stating mandamus may not be issued to compel an officials discretionary acts

assistant: The best answer is C. holding that a writ of mandamus could not be issued to compel legislative officers to adjourn or attempt to adjourn the legislature or to obtain an adjournment from the governor
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 you are accessing a united kingdom or luxembourg version of the service , nothing in this agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants , agents , or employees .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: distinction between a survival statute and a statute of limitations as follows: [A] statute of limitations affects the time that a stale claim may be brought while a survival statute gives life for a limited time to a right or claim that would have been destroyed entirely but for the statute. These survival statutes arbitrarily extend the life of the corporation to allow remedies connected with the corporation’s existence to be asserted. M.S. v. Dinkytown Day Care Center, Inc., 485 N.W.2d 587, 589 (S.D.1992) (quoting Davis v. St. Paul Fire & Marine Insur. Co., 727 F.Supp. 549 (D.S.D.1989)). Thus, courts have uniformly held that corporate survival statutes begin to run at the date of dissolution and have dismissed claims initiated outside of the prescribed period. See e.g., Id. at 588 (<HOLDING>); Canadian Ace Brewing Co. v. Anheuser-Busch, Options: A. holding that minority tolling statute did not apply to extend time provided under corporate survival statute B. holding that tolling statute applicable to those disabled by minority or mental illness continues to operate regardless of guardians appointment C. holding that rule 60b was not applicable to extend the time to file an action to revoke a discharge under grounds of mistake and not addressing equitable tolling D. holding that because purpose of tolling statute is to remedy problem of locating a nonresident defendant before expiration of statute of limitations tolling statute does not apply to adverse possession action because of statutory scheme allowing for service by publication on parties outside state in such actions E. recognizing that the dead mans statute is a survival from an earlier and much broader incompetency statute and characterizing its survival as deplorable

assistant: The best answer is A. holding that minority tolling statute did not apply to extend time provided under corporate survival statute
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 representations or warranties by Buyer or its respective Affiliates in this Agreement or the Collateral Agreements to which they are a party, nor any document, exhibit, written statement, certificate or schedule heretofore and theretofore or hereinafter and thereinafter furnished to Seller pursuant hereto and thereto, or in connection with the transactions contemplated hereby and thereby, contains or will contain any untrue statement of a material fact, or omits or will omit to state any material fact necessary to make the statements or facts contained therein not misleading. Buyer makes no other representations or warranties whatsoever, express or implied, except as set forth in this Article 4 , the Collateral Agreements, or any certificate delivered in connection with this Agreement or any Collateral Agreement.

assistant: Warranties
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 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 legal provision and list the applicable contract clause categories. Provision: There shall be no change in the matters reflected in the Title Documents, and there shall not exist any encumbrance or Title Defect affecting the Property not described in the Title Documents except for the Permitted Exceptions or matters to be satisfied as of the Closing Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as otherwise described in our privacy policy or any additional terms we provide to you , you agree that ( i ) your user content will be treated as non-confidential and non-proprietary and will not be returned , and ( ii ) linden lab does not assume any obligation of any kind to you or any third party with respect to your user content .

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: All communications and notices hereunder shall be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to any Reaffirming Party shall be given to it in care of Holdings as provided in Section 9.01 of the Credit Agreement.

assistant: Notices