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: Owner hereby represents and warrants that it (a) owns fee simple title to the Burdened Premises, subject to any matters of record as of the date of recordation of this Agreement, including without limitation any mortgage recorded against the Burdened Premises; liens for real estate taxes and assessments; unrecorded leases; any laws, rules, regulations, statutes, ordinances, orders or other legal requirements affecting the Burdened Premises; and any state of facts which a current survey or inspection of the Burdened Premises would disclose (collectively, the “ Title Exceptions ”); (b) has all power and authority to enter into this Agreement, and (c) in connection with the Burdened Premises, has not transferred any development rights, air rights or rights or options to purchase to any third party.

assistant: Representations
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: Directly or indirectly enter into or permit to exist any transaction with an aggregate value in excess of $50,000 with any Affiliate of the Company or any of its Subsidiaries, except for transactions that are in the ordinary course of the Company’s or such Subsidiary’s business, upon fair and reasonable terms that are no less favorable to the Company or such Subsidiary than would be obtained in an arm’s length transaction with a Person that is not an Affiliate.

assistant: Transactions With Affiliates
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 necessarily made this very determination when we held (in the prior appeal) that the trial court had no legal basis upon which to overturn the arbitrator’s determination (that there was no prevailing party) and to declare that Castro was the prevailing party. As a result, the trial court should have granted Wells’ motion for attorney’s fees, under section 57.105(l)(b), from February 14, 2012 — the date that the arbitrator expressly determined that there was no prevailing party as between Wells and Castro. See In re Forfeiture of 100,000 Euros, 170 So.3d 810, 817 (Fla. 3d DCA 2015) (reversing trial court’s denial of 57.105 fees where “neither the facts nor the law supported in any fashion” the claims of the appelléés.) See also Albritton v. Ferrera, 913 So.2d 5 (Fla. 1st DCA 2005) (<HOLDING>). We reverse the order denying Wells’ hiotion Options: A. holding that it is the results not the procedure which govern the determination of which party prevailed for purposes of awarding attorneys fees B. recognizing that there can be compelling circumstances in which a trial court can determine that neither party prevailed in a contract case C. holding that a party does not need a net recovery to be awarded attorneys fees all that is required is that the party prevail on a just claim D. holding that each plaintiff is liable for fees if he would have been entitled to his fees if he had prevailed E. holding that party is not insulated from 57105 fees just because they prevailed in the trial court

assistant: The best answer is E. holding that party is not insulated from 57105 fees just because they prevailed in the trial court
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: with respect to any open source or third-party code that may be incorporated in the applications , such open source code is covered by the applicable open source or third-party license eula , if any , authorizing use of such code .

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: The term of this Agreement (the “Term”) will be deemed to have commenced on November 11 , 2015 , and will expire on the earliest of (i) the date that you cease to be employed by LMC , and ( ii) the date that LMC ceases to own or lease any Aircraft.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by it of this Agreement does not: (a) violate any provision of law, rule or regulation applicable to it or its certificate of incorporation or by-laws (or other organizational document); or (b) conflict with, result in a breach of, or constitute (with due notice or lapse of time or both) a default under, any material contractual obligation to which it is a party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as disclosed in reports filed under the Exchange Act prior to the Closing Date, such Originator has filed or caused to be filed all material tax returns (federal, state and local) required to be filed and paid all amounts of taxes shown thereon to be due, including interest and penalties, except (i) for such taxes as are being contested in good faith and by proper proceedings and with respect to which appropriate reserves are being maintained by such Originator in accordance with GAAP as reasonably determined by such Originator or (ii) to the extent that the failure to file such returns or pay such taxes would not reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: judgment or order. Hence, if we conclude that the order of the district court did not comply with Rule 58, that means not only that Johnson’s 180-day window for seeking reopening has not yet closed, but that Johnson does not need such an extension because his initial sixty-day window for filing an appeal has not yet even opened. In relevant part, Rule 58 states: “Every judgment shall be set forth on a separate document. A judgment is effective only when so set forth and when entered as provided in Rule 79(a).” Federal Rule of Civil Procedure 79(a), in turn, provides: “All ... ord — consisting of a single sentence denying Johnson’s motion and bereft of any case citation or reasoning — -were regarded as standing alone, it would satisfy Rule 58’s standard. See Kidd, 206 F.3d at 39 (<HOLDING>). Thus, the dispositive question is whether the Options: A. holding that an indictment for capital murder must contain at least one aggravating factor B. holding that specific jurisdiction requires at least butfor causation C. holding under facts presented that probation officer was entitled to at least qualified immunity D. holding misrepresentation must at least be partial cause of plaintiffs injury E. holding that rule 58 allows inclusion of at least one citation to legal authority and at least a onesentence explanation of the courts reasoning

assistant: The best answer is E. holding that rule 58 allows inclusion of at least one citation to legal authority and at least a onesentence explanation of the courts reasoning
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 term or condition of the Plan shall be deemed to have been waived, nor shall there be an estoppel against the enforcement of any provision of the Plan, except by written instrument of the party charged with such waiver or estoppel. No such written waiver shall be deemed a continuing waiver unless specifically stated therein, and each such waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver of such term or condition for the future or as to any act other than that specifically waived. Any waiver by any party of a breach of any provision of the Plan by another party shall not operate or be construed as a waiver by such party of any subsequent breach thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (together with the other Transaction Documents) constitutes the entire agreement of the Parties and supersedes all prior agreements, letters of intent and understandings, both written and oral, among the Parties with respect to the subject matter hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you have any basis for recovering damages ( including breach of these terms ) , you agree that your exclusive remedy is to recover , from microsoft or any affiliates , resellers , distributors , third-party apps and services providers , and vendors , direct damages up to an amount equal to your services fee for the month during which the breach occurred ( or up to $ 10.00 if the services are free ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for declaratory judgment, and various forms of injunctive relief. The majority likewise cites to the prayer for relief, maj. op. at 240-41, as proof that a fee reduction is appropriate because the employees failed to obtain every form of relief requested. In this case, placing such a burden on the employees in order for them to obtain the full lodestar fee, which is presumptively reasonable, is unfounded. First, as the employees and amicus point out, punitive damages and reinstatement or other in-junctive relief are not available for claims under the FLSA. EEOC v. Gilbarco, Inc., 615 F.2d 985, 987 n. 1 (4th Cir.1980) (finding that only the Secretary of Labor may bring an action for injunctive relief); Lanza v. Sugarland Run Homeowners Ass’n, Inc., 97 F.Supp.2d 737, 741 (E.D.Va.2000) (<HOLDING>). Therefore, the employees argue that the Options: A. holding that punitive damages are not allowed under the flsa B. holding that punitive damages are recoverable in a claim for retaliation under the flsa C. holding under flsa D. holding that punitive damages are not fines E. holding punitive damages available for retaliatory claim under flsa

assistant: The best answer is A. holding that punitive damages are not allowed under the flsa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in plan, interior arrangement or building features not subject to public view.” St. 1955, c. 601, § 8 (c). The quoted provision made it clear that the Nantucket historic districts commission was to review only features visible to the public in its h reted the term “structure” as defined in local by-laws. In Galligon we found that a billboard was not a “structure” pursuant to language which expressly defined both “structure” and “sign.” The zoning by-law at issue in Williams provided no definition of “structure,” and we 05, 208 (1967) (finding that combination of platform that extended at ground level out over a steep slope, a retaining wall, and door to a storage space under the platform was a “structure” under a zoning by-law); Nash v. Commonwealth, 174 Mass. 335, 336 (1899) (<HOLDING>). Cf. Wilbur v. Newton, 307 Mass. 191, 193-194 Options: A. holding that an aqueduct entirely underground in places was a structure for purposes of the mechanics lien statute B. holding that this statute was the most analogous state statute for purposes of erisa action filed in utah C. holding that the corresponding structure is a controller D. holding a burglary must be of a building or structure in order to qualify as a violent felony for acca purposes E. holding that a leakage of an underground petroleum tank was excluded from coverage by a similar definition of pollutants

assistant: The best answer is A. holding that an aqueduct entirely underground in places was a structure for purposes of the mechanics lien 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 case excerpt and choose the best holding from the options. Case excerpt: and effective administration of justice, particularly when a change of counsel is sought on the eve of trial, primarily for the purpose of delay, and without making any effort to obtain substitute counsel.” Whitlow, 2016 Ark. App. 510, at 7-8, 506 S.W.3d at 276. And this court has explained that “[t]he constitutional right to counsel is a shield, not a sword, and a defendant may not manipulate [the] right for the purpose of delaying trial or playing ‘cat-and-mouse’ with THE COURT.” Coakes v. State, 2014 Ark. App. 298, at 5 n.1, 2014 WL 2011804; see also Faretta, 422 U.S. at 834 n.46, 95 S.Ct. 2525 (noting that the trial court may terminate self-representation by a defendant who deliberately engages in serious and obstructionist misconduct); Brown v. Gibson, 2012 Ark. 285, 423 S.W.3d 34 (<HOLDING>); Burns v. State, 300 Ark. 469, 780 S.W.2d 23 Options: A. holding that a defendants pro se status may be terminated if he or she has demonstrated disruptive behavior or used the right as a tactic for delay disruption distortion of the system or manipulation of the trial process B. holding that a public employee who is defamed in the course of being terminated or constructively discharged satisfies the stigmaplus test even if as a matter of state law he or she lacks a property interest in the job that he or she lost C. holding that a defendant has a right to proceed pro se at trial D. holding that an individual can waive any process to which he or she has a right E. holding that a defendant can lose his right to be present at trial if after a warning by the judge he continues his disruptive behavior

assistant: The best answer is A. holding that a defendants pro se status may be terminated if he or she has demonstrated disruptive behavior or used the right as a tactic for delay disruption distortion of the system or manipulation of the trial process
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: a party who intends to seek arbitration must first send to the other , by a reputable courier with a tracking mechanism , a written notice of intent to arbitrate ( a `` notice '' ) , or , in the absence of a mailing address provided by you to the company , to you via any other method available to the company , including via e-mail .

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: The words “Mortgagor” and “Mortgagee” include singular or plural, individual or entity, and the respective heirs, executors, administrators, permitted successors and permitted assigns of Mortgagor, and Mortgagee, as the case may be. The use of any gender applies to all genders.

assistant: Construction
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 non-competition, non-solicitation, non-disclosure and non-use, non-recruiting, intellectual property, and Agreement disclosure obligations under paragraphs three (3) through seven (7) of this Agreement shall survive the voluntary or involuntary termination of my employment for any reason and with or without cause, and no dispute regarding any other provisions of this Agreement or regarding my employment or the termination of my employment shall prevent the operation and enforcement of these obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be deemed to restate and amend the Existing Credit Agreement in its entirety, and all of the terms and provisions hereof shall supersede the terms and conditions thereof. The parties hereto further agree that this Agreement and each Borrowing shall serve to extend, renew and continue, but not to extinguish or novate, the “Borrowings” under the Existing Credit Agreement and the corresponding promissory notes and to amend, restate and supersede, but not to extinguish or cause to be novated the Indebtedness under, the Existing Credit Agreement. The Borrower hereby agrees that, upon the effectiveness of this Agreement, the “Term Loan” made and outstanding under the Existing Credit Agreement and all accrued and unpaid interest thereon shall be deemed to be the Term Loan outstanding under and payable by this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date , or if the laws applicable in your jurisdiction provide for refunds .

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: From the Effective Date through and including the Closing Date, Seller agrees to keep the Property insured under its current policies against fire and other hazards covered by extended coverage endorsement and commercial general liability insurance against claims for bodily injury, death and property damage occurring in, on or about the Property, and to pay all premiums for such insurance prior to the applicable due dates.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a court of competent jurisdiction or an arbitrator should find any term or provision of this Agreement to be unenforceable and invalid by reason of being overly broad, the parties agree that the court shall limit the scope or duration of such provision to the maximum enforceable scope or duration allowed by law. Any term or provision deemed by a court of competent jurisdiction to be unenforceable and invalid for any other reason shall be severed from this Agreement, and the remainder of this Agreement shall continue in full force and effect. Time is of the essence with regard to this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Each Party will, and will ensure that its Affiliates and Sublicensees will, comply with all relevant Laws and regulations and good laboratory and clinical practices and cGMP in exercising its rights and fulfilling its obligations under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: violation by someone acting under color of state law, then the plaintiff has a cause of action under Section 1983, regardless of Title VII's concurrent application.” Starrett v. Wadley, 876 F.2d 808, 814 (10th Cir.1989). 6 . "In the equal protection context ... in light of the abhorrent history of race-based classifi cations, facial racial classifications carry a presumption of bad faith and automatically trigger strict scrutiny regardless of evidence of intent.” Gonzalez-Rivera, 22 F.3d at 1450; see also Hunt v. Cromartie, 526 U.S. 541, 546, 119 S.Ct. 1545, 143 L.Ed.2d 731 (1999) ("all laws that classify citizens on the basis of race ... are constitutionally suspect and must be strictly scrutinized”); Plyler v. Doe, 457 U.S. 202, 216-17, 102 S.Ct. 2382, 72 L.Ed.2d 786 (1982) (<HOLDING>); Thigpen v. Bibb County, 223 F.3d 1231, Options: A. holding that turner did not cast doubt on the courts previous holding that strict scrutiny applies to racial classifications in prisons B. holding that strict scrutiny applies to a prior restraint enforcing a contentbased restriction on speech in a traditional public forum C. holding that some form of heightened constitutional scrutiny applies D. recognizing that strict scrutiny applies to facial discrimination against a suspect class E. holding that strict scrutiny applies

assistant: The best answer is D. recognizing that strict scrutiny applies to facial discrimination against a suspect class
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: United States v. Dixon, 479 F.3d 431, 436 (6th Cir.2007). The burden is on the defendant “to demonstrate that proper grounds exist for the granting of such a motion.” Id. B. Analysis Taylor contends that his plea was not knowing and intelligent because Attorney Barney rendered ineffective assistance of counsel. He claims that Barney failed to investigate the prosecution’s case by neglecting to move for (1) discovery, (2) the identity of the confidential informant, (3) dismissal based on a violation of the Speedy Trial Act, and (4) suppression of Taylor’s confession. As a general rule, a claim of ineffective assistance of counsel should be brought in a post-conviction proceeding under 28 U.S.C. § 2255, not on direct appeal. United States v. Aguwa, 123 F.3d 418, 423 (6th Cir.1997) (<HOLDING>) (citation omitted). “[I]neffec-tive-assistance Options: A. holding that the record on direct appeal was insufficiently developed to permit the appellate court to assess the merits of the claim B. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record C. holding ineffective assistance of counsel claims may be decided on direct appeal where the district court has developed a record on the ineffectiveness issue D. recognizing that appellate court is in same position as trial court to assess evidence when all of the proof is contained in the record by deposition E. holding that delinquent minor could not challenge the conditions of his confinement on direct appeal from his commitment because the record would not be sufficiently developed on this issue to permit review

assistant: The best answer is A. holding that the record on direct appeal was insufficiently developed to permit the appellate court to assess the merits of the claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company (after giving effect to the transactions contemplated by this Agreement) is solvent ( i.e. , its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature. The Company did not receive a qualified opinion from its auditors with respect to its most recent fiscal year end and, after giving effect to the transactions contemplated by this Agreement, does not anticipate or know of any basis upon which its auditors might issue a qualified opinion in respect of its current fiscal year. For the avoidance of doubt any disclosure of the Borrower's ability to continue as a "going concern" shall not, by itself, be a violation of this Section 3(w) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 121:18-25, 122:1-5.) But Clive refused. (Def. 56.1 ¶ 52; C. Dep. at 122:14-25.) Instead, Clive was treated for his blood pressure while Yolanda waited. (Def. 56.1 ¶ 53; Y. Dep. at 65:10-15; C. Dep. at 124:6-21.) B. Procedural History Plaintiffs initiated this action on July 5, 2011 by filing the Complaint. (Doc. No. 2.) The Complaint was brought against the 42nd Precinct of the New York Police Department and focused on the towing of the van and on Clive’s close encounter with the psychiatric unit. (Id.) Because the 42nd Precinct is not a suable entity, the Court dismissed the case against that defendant and granted Plaintiffs leave to amend the Complaint. (Doc. No. 4); cf. Toliver v. N.Y. City Dep’t of Corr., No. 10 Civ. 822(RJS)(JCF), 2013 WL 3779125, at *7 (S.D.N.Y. July 8, 2013) (<HOLDING>). Plaintiffs filed the Amended Complaint on Options: A. holding that outofstate defendants transmittal into new york of ceaseanddesist letter to new york plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a new york declaratory judgment action B. recognizing the time honored practice of applying new york city rates in calculating attorneys fees throughout the southern district of new york including in counties north of the city C. holding that new york city agencies cannot be sued D. holding that contract signed in new york by promisor from florida and partially performed in florida was governed by new york law because it was executed in new york E. holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership

assistant: The best answer is C. holding that new york city agencies cannot be sued
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is correct, however, that his two versions of the story are technically reconcilable, he has still failed to explain why he would omit such a fundamental fact from his initial application. Given that the alleged negative response of government officials to the demonstration was the only true instance of government mistreatment described in the asylum application, it is exceedingly difficult to understand why petitioner’s application would mention only two of the six arrests that allegedly took place. Because this omission went “to the heart” of petitioner’s claim for asylum, Secaida-Rosales v. INS, 331 F.3d 297, 308-09 (2d Cir.2003), the IJ did not err in concluding that it undermined petitioner’s credibility. See Dong v. Ashcroft, 406 F.3d 110, 111-12 (2d Cir.2005) (per curiam) (<HOLDING>). We similarly find no error in the IJ’s Options: A. holding that omissions in petitioners asylum application which go to the heart of the claim support adverse credibility finding B. holding that an adverse credibility determination is sufficient to deny asylum C. holding that minor discrepancies that do not involve the heart of the asylum claim are not an adequate basis for an adverse credibility finding D. holding that ij properly based adverse credibility finding on omission in asylum application where omitted fact went to the heart of the asylum claim citation omitted E. holding that inconsistencies in the aliens statements must go to the heart of the asylum claim to justify an adverse credibility finding

assistant: The best answer is D. holding that ij properly based adverse credibility finding on omission in asylum application where omitted fact went to the heart of the asylum claim citation omitted
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: explaining in 2012 that it has “never held that Rule 54(d) creates a presumption ... in favor of the broadest possible reading of the costs enumerated in § 1920. To the contrary,” the Court wrote, it favors a “narrow scope of taxable costs,” which “are limited to relatively minor, incidental expenses.” Taniguchi v. Kan Pac. Saipan, Ltd., — U.S. -, 132 S.Ct. 1997, 2006, 182 L.Ed.2d 903 (2012); see also Crawford Fitting, 482 U.S. at 444, 107 S.Ct. 2494 (explaining the Supreme Court’s understanding that Congress “meant to impose rigid controls on cost-shifting in federal courts”). The Court reads these admonitions as instructing it to be wary of awarding costs that may arguably go beyond the scope of § 1920. Accord Fells v. Va. Dep’t of Tramp., 605 F.Supp.2d 740, 743-44 (E.D.Va.2009) (<HOLDING>). Without binding authority on the specific Options: A. recognizing the supreme courts precept that district courts may decline to tax costs enumerated in 1920 but cannot award costs not enumerated under 1920 citing crawford fitting 482 us at 44245107 sct 2494 B. holding that 1920 does not authorize taxing mediation fees as costs C. holding private process server fees may be taxed under 1920 D. holding that a party can recover costs under either dnmlrciv 542 or 28 usc 1920 E. holding that section 1132gls allowance for costs of action empowers courts to award only the types of costs allowed by 28 usc 1920 and only in the amounts allowed by section 1920 itself by 28 usc 1821 or by similar such provisions

assistant: The best answer is A. recognizing the supreme courts precept that district courts may decline to tax costs enumerated in 1920 but cannot award costs not enumerated under 1920 citing crawford fitting 482 us at 44245107 sct 2494
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 undersigned Borrower and Guarantor represents that they have full corporate power and authority to execute this Letter and that they are authorized to take the actions set forth herein without the consent or approval of any other third party (including the shareholders of Parent).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as provided in Section 4.2, (i) no Option granted under the Plan and this Agreement may be sold, transferred, pledged, assigned or otherwise alienated or hypothecated, other than by will or by the laws of descent and distribution, and (ii) the Option shall be exercisable during the Participant’s lifetime only by the Participant or his or her guardian or legal representative. The Committee may, in its sole discretion, require a Participant’s guardian or legal representative to supply it with the evidence the Committee deems necessary to establish the authority of the guardian or legal representative to act on behalf of the Participant.

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: Obligors each agree to execute, acknowledge, deliver, file and record such further certificates, instruments and documents, and to do all other acts and things, as may be reasonably requested by Administrative Agent as necessary or advisable to carry out the intents and purposes of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The initial term of this Agreement shall be for a period beginning on March 4, 2019 (the “Effective Date”) and ending on the third anniversary of the Effective Date (the “Initial Renewal Date”) or, if earlier, the termination of your employment in accordance with the provisions set forth below. On the Initial Renewal Date and each anniversary of the Initial Renewal Date thereafter (each such anniversary, a “Renewal Date”), the term of this Agreement shall automatically extend for an additional period of one year, unless your employment has earlier terminated or either party hereto has given the other party written notice of non-renewal at least 90 days prior to the immediately succeeding Renewal Date. The period commencing on the Effective Date and ending on the Initial Renewal Date shall be the “Initial Term” and each one-year period commencing on the Initial Renewal Date shall be a “Renewal Term”. In the event that either party has given written notice of non-renewal, and your employment with the Company continues after the expiration of the Initial Term or any Renewal Term, such post-expiration employment shall be “at-will” and either party may terminate such employment with or without notice and for any reason or no reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Such Stockholder has the right, power, authority, and capacity to enter into and to perform its obligations under each of the Transaction Agreements to which he is or may become a party; and the execution, delivery and performance by the Stockholder of the Transaction Agreements to which he is or may become a party have been duly authorized. This Agreement has been duly executed and delivered by such Stockholder, and (assuming due authorization, execution and delivery by the other parties hereto) this Agreement constitutes a legal, valid and binding obligation of such Stockholder enforceable against such Stockholder in accordance with its terms, subject to (a) laws of general application relating to bankruptcy, insolvency and the relief of debtors, and (b) rules of law governing specific enforcement, injunctive relief and other equitable remedies. When each Ancillary Document to which such Stockholder is or will be a party has been duly executed and delivered by such Stockholder (in such Stockholder’s capacity as a stockholder of Roccat and assuming due authorization, execution and delivery by each other party thereto), such Ancillary Document will constitute a legal and binding obligation of such Stockholder enforceable against it in accordance with its terms, subject to (a) laws of general application relating to bankruptcy, insolvency and the relief of debtors, and (b) rules of law governing specific enforcement, injunctive relief and other equitable remedies.

assistant: Authority
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: Agreement may be amended from time to time by the Committee in its discretion; provided , however , that this Agreement may not be modified in a manner that would have a materially adverse effect on the Award Shares as determined in the discretion of the Committee, except as provided in the Plan, this Agreement, the Employment Agreement or in any other written document signed by you and the Company.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may send notices of a legal nature to vimeo at legal -lsb- at -rsb- vimeo -lsb- dot -rsb- com or the following address :

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 SELLER, THE GUARANTOR AND THE PURCHASER HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS AGREEMENT, ANY OTHER PURCHASE DOCUMENT OR ANY APPLICATION, INSTRUMENT, DOCUMENT, AMENDMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION HEREWITH OR THEREWITH OR ARISING FROM ANY BANKING RELATIONSHIP EXISTING IN CONNECTION WITH THIS AGREEMENT AND THE OTHER PURCHASE DOCUMENTS, AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ambiguous. See, e.g., Phillips v. Estate of Greenfield, 859 P.2d 1101, 1104 (Okla.1993). A contract provision is ambiguous only if it can be interpreted as having two different meanings. E.g., Little-field v. State Farm Fire & Casualty Co., 857 P.2d 65, 69 (Okla.1993). If it is not ambiguous, it is construed in its plain and ordinary sense. E.g., Phillips, 859 P.2d at 1104. If it is ambiguous, it is construed in favor of the insured. E.g., Littlefield, 857 P.2d at 69. The bodily injury provision of the policy and its accompanying amendatory endorsement excluding coverage for indemnification or contribution claims based on bodily injuries are not ambiguous because they are capable of only one interpretation. Cf. Pearson Servs., Inc. v. INA Ins. Co., 937 F.2d 401, 402, 403 (8th Cir.1991) (<HOLDING>); National Union Fire Ins. Co. v. Easier Corp., Options: A. holding a limitation on damages arising out of bodily injury to one person involved in an accident applies to all claims arising from the death of that person B. holding as unambiguous under iowa law the insurance policys exclusion of coverage to any obligation of the insured to indemnify another because of damages arising out of a bodily injury to any employee of the insured arising out of and in the course of his employment by the insured C. holding a personal profit exclusion applicable to an insured corporation where the purpose of the exclusion was to exclude coverage when the insured received profits to which the insured was not legally entitled D. holding that the policys exclusion of coverage for any obligation of the insured to indemnify another because of damages arising out of such bodily injury operates where the genesis of the action is an employees workrelated bodily injury quoting national union fire ins co 906 f2d at 200 E. holding that the use of the phrase any insured rather than the insured the same language used in the employers liability exclusion here meant that the exclusion was not limited to injuries sustained by the employees or contractors of one insured party

assistant: The best answer is B. holding as unambiguous under iowa law the insurance policys exclusion of coverage to any obligation of the insured to indemnify another because of damages arising out of a bodily injury to any employee of the insured arising out of and in the course of his employment by the insured
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: EMPLOYEE understands that this Agreement will be null and void if not executed by him within twenty-one (21) days of the Termination Date. Each Party has seven (7) days after that Party signs this Agreement to revoke it. This Agreement will become effective on the eighth (8th) day after EMPLOYEE signed this Agreement, so long as it has been signed by the Parties and has not been revoked by either Party before that date (the “Effective Date”). To be effective, this revocation must be in writing and delivered to the COMPANY’S Director of Human Resources, within this seven (7) day period. If sent by mail, the revocation must be: (1) postmarked within the seven (7) day period; (2) properly addressed to COMPANY; and (3) sent by certified mail, return receipt requested.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall promptly reimburse you for all reasonable and necessary business expenses you incur in connection with the business of the Company, which will include, but not be limited to, your costs of statutorily required continuing legal education, bar association dues, general counsel associations, subscriptions, law library materials and malpractice insurance (if necessary).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT SHALL BE GOVERNED BY, CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK. SECTION 9.14 AND SECTION 9.17 OF THE CREDIT AGREEMENT ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT MUTATIS MUTANDIS AND SHALL APPLY HERETO.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Muniz, 496 U.S. 582, 592, 110 S.Ct. 2638, 110 L.Ed.2d 528 (1990) (citation omitted); see also Elstad, 470 U.S. at 817, 105 S.Ct. 1285 (noting that Miranda ensures a suspect’s unwarned answers may be excluded from the government’s case-in-chief). Mohammed also asserts that what he said during interrogation was used against him indirectly. The government’s ability to rely on his statements for impeachment purposes, so his argument goes, made him hesitant to testify in his own defense. But this argument has no constitutional weight. Statements taken in violation of Miranda are admissible as impeachment evidence unless they are, in very fact, involuntary. See, e.g., Elstad, 470 U.S. at 307, 105 S.Ct. 1285; Oregon v. Hass, 420 U.S. 714, 723, 95 S.Ct. 1215, 43 L.Ed.2d 570 (1975) (<HOLDING>). And whatever one might conclude about the Options: A. holding that the admissibility of expert testimony was governed by state law B. holding that admissibility of a confession is governed by determining from the totality of the circumstances whether or not it was made voluntarily C. holding that parole officers advisement to defendant to cooperate did not vitiate the voluntariness of his statements D. holding that unwarned statements are admissible for impeachment purposes unless an officers conduct amounted to an abuse in which case admissibility is governed by the traditional standards for evaluating voluntariness and trustworthiness E. holding in a successor liability case that questions of traditional tort law unrelated to the contract were properly governed under forum law

assistant: The best answer is D. holding that unwarned statements are admissible for impeachment purposes unless an officers conduct amounted to an abuse in which case admissibility is governed by the traditional standards for evaluating voluntariness and trustworthiness
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: It has, and at all times during the term of this Agreement will have, all requisite corporate power and authority to own its properties, to conduct its business, to execute and deliver this Agreement and all documents and transactions contemplated hereunder and to perform all of its obligations under this Agreement and any other Transaction Document to which it is a party or under the transactions contemplated hereunder or thereunder. It has all requisite corporate power and authority to acquire, own, transfer and convey Timeshare Loans to the Depositor.

assistant: Powers
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 (a) irrevocably and unconditionally agrees that any actions, suits or proceedings, at law or equity, arising out of or relating to this Agreement or any agreements or transactions contemplated hereby shall be heard and determined by the federal or state courts located in New York County in the State of New York; (b) irrevocably submits to the jurisdiction of such courts in any such action, suit or proceeding; (c) consents that any such action, suit or proceeding may be brought in such courts and waives any objection that such Party may now or hereafter have to the venue or jurisdiction of such courts or that such action or proceeding was brought in an inconvenient forum; and (d) agrees that service of process in any such action, suit or proceeding may be effected by providing a copy thereof by any of the methods of delivery permitted by Section 5.5 to such Party at its address as provided in Section 5.5 (provided that nothing herein shall affect the right to effect service of process in any other manner permitted by Law).

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 the event that any provision contained in this Agreement shall be determined to be invalid, illegal or unenforceable in any respect for any reason, the validity, legality and enforceability of any such provision in every other respect and the remaining provisions of this Agreement shall not, at the election of the party for whose benefit the provision exists, be in any way impaired.

assistant: Severability