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: I will not, directly or indirectly, provide to any person or entity any information that concerns or relates to the negotiation of or circumstances leading to the execution of this Agreement or to the terms and conditions hereof, provided that I may make disclosure of the foregoing: (a) to the extent that such disclosure is specifically required by law or legal process or as authorized in writing by the Company; (b) to my tax advisor(s) or accountant(s) as may be necessary for the preparation of tax returns or other reports required by law; (c) to my attorney(s); (d) to members of my immediate family; and/or (e) to any tax agency. Provided, that prior to disclosing any such information (except disclosures required by law or legal process or as authorized in writing), I must inform the recipients that they are bound by the limitations of this Section 10.

assistant: Confidentiality
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: Ann. §§ 127.001-.007. As such, the insurance company contended that the agreement was unenforceable and not an insured contract because it did not assume any liability. Swift Energy Co., 206 F.3d at 492-93. We first noted that, when an insurer seeks to deny coverage, the terms of an insurance policy should be construed broadly in favor of coverage. Id. Based on that principle and the lack of relevant precedent, we held that the agreement was an insured contract within the context of interpreting the policy because Mid-Continent had intended to assume Swift’s tort liability. Id. at 493. The indemnity provision therefore qualified as an insured contract, and Swift qualified as an additional insured. Id.; see also LeBlanc v. Global Marine Drilling Co., 193 F.3d 873, 875 (5th Cir.1999) (<HOLDING>); Travelers Lloyds Ins. Co. v. Pac. Emp’rs Ins. Options: A. holding that an indemnitee must be proven to be free of negligence in order to receive indemnity either under a general indemnity agreement or under implied indemnity B. holding that an indemnity provision need not be valid and enforceable to trigger obligations under the contract so long as the parties agreed to indemnity C. holding that reinsurance is a mere contract of indemnity D. holding that indemnification provision did not expressly state the party was seeking indemnity for its own negligence so as to satisfy express negligence test E. holding that a party that settled but failed to immediately notify a third party of indemnity claims did not waive indemnity claims

assistant: The best answer is B. holding that an indemnity provision need not be valid and enforceable to trigger obligations under the contract so long as the parties agreed to indemnity
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: on the other hand, insists that sanctions were appropriate because Lederman and Madison were actively involved in the preparation of the misleading declaration, and because Triad’s brief, which did bear their signatures, was misleading inasmuch as it relied heavily on the Mullen declaration. We find that the order imposing sanctions on Lederman and Madison was improper and cannot stand. Until Rule 11 was amended in 1993, subsequent to the Mullen declaration, a bright-line rule applied: Only the individual attorney who actually signed the court paper could be sanctioned because of its contents. Pavelic & LeFlore v. Marvel Entertainment Group, 493 U.S. 120, 110 S.Ct. 456, 107 L.Ed.2d 438 (1989); Giebelhaus v. Spindrift Yachts, 938 F.2d 962, 965 (9th Cir.1991); see also id. at 966 (<HOLDING>). As the Supreme Court has explained: We held Options: A. holding that a typewritten name above the signature line is not a signature for frcp rule 11 purposes B. holding that an award of sanctions under rule 11 survives despite a later determination that the court lacked subject matter jurisdiction C. holding that rule 11 sanctions are dispositive and thus subject to de novo review D. holding that an attorneys typewritten name on a pleading is not a signature for purposes of rule 11 and therefore does not subject him to sanctions E. holding that a motion for rule 11 sanctions is dispositive

assistant: The best answer is D. holding that an attorneys typewritten name on a pleading is not a signature for purposes of rule 11 and therefore does not subject him to sanctions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant shall make appropriate arrangements with the Company for satisfaction of any federal, state or local income tax withholding requirements, Social Security and other employee tax or other requirements applicable to the granting, crediting, vesting or payment of benefits under the Plan. There shall be deducted from each payment made under the Plan or any other Compensation payable to the Participant (or and Beneficiary or Alternate Payee) all taxes which are required to be withheld by the Company in respect to such payment or this Plan. The Company shall have the right to reduce any payment (or other Compensation) by the amount of cash sufficient to provide the amount of said taxes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to regulate and control the practice of law. This includes appointing disciplinary counsel, creating the board to carry out this Court’s disciplinary powers, and subpoenaing witnesses and materials in investigations related to attorney misconduct. Next, respondent claims that the appointment of disciplinary counsel as a “special prosecutor” and use of the subpoena power are exercises of the executive power and violate the separation of powers doctrine, and he also maintains that the General Assembly has not delegated the subpoena power to the Supreme Court. We can find no legitimate basis for respondent’s assertion that the subpoena power is an executive power or that it must be delegated to the judiciary by the General Assembly. See, e.g., State v. Guido, 698 A.2d 729, 734 (R.I.1997) (<HOLDING>); Bartlett v. Danti, 503 A.2d 515, 517 (R.L Options: A. holding section 10b of the mental health and developmental disabilities confidentiality act unconstitutional as an attempt by the legislature to usurp the power of the judiciary B. holding that the subpoena power of a court cannot be more extensive than its jurisdiction C. holding that the contempt power is a traditional inherent power of the judiciary rooted in considerations of institutional selfdefense D. holding that implicit in the arbitrators power to subpoena relevant documents at hearing is the power to order prehearing discovery E. recognizing the subpoena power of the judiciary

assistant: The best answer is E. recognizing the subpoena power of the judiciary
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 New Subsidiary acquired or formed by the Company shall be deemed an Unrestricted Subsidiary unless the provisions of Section 7.18 would not permit the Investment in such Unrestricted Subsidiary at the time of its acquisition or formation.

assistant: Subsidiaries
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 agreements of the Company in the Indenture, as supplemented by this Supplemental Indenture, and the Debentures shall bind their respective successors. All agreements of the Trustee in the Indenture, as supplemented by this Supplemental Indenture, shall bind its successors.

assistant: Successors
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: Performance Awards will become vested on the Settlement Date to the extent that the applicable performance metrics have been achieved and, except as set forth below, provided that the participant is continuously employed by the Company until such time. Performance Awards will be settled in shares of Company common stock as soon as practicable following the end of the Measurement Period. Performance Awards will be settled in the form of Unrestricted Stock.

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: Any notices, consents, waivers or other communications required or permitted to be given under the terms of this Agreement must be in writing and will be deemed to have been delivered: (a) upon receipt, when delivered personally; (b) upon receipt, when sent by facsimile (provided confirmation of transmission is mechanically or electronically generated and kept on file by the sending party); or (c) one calendar day (excluding Saturdays, Sundays, and national banking holidays) after deposit with an overnight courier service, in each case properly addressed to the party to receive the same.

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: The provisions of this Agreement which by their terms are to be performed or complied with subsequent to the termination or expiration of this Agreement shall survive such termination or expiration and shall continue in full force and effect in accordance with their respective terms. Except as set forth below or elsewhere in this Agreement, the following provisions of this Agreement shall survive expiration or termination of this Agreement (whether terminated pursuant to Article 10 or any other section providing for termination): Sections 3.7, 5.1, 5.4, 5.6, 7.1, 7.2, 10.6, 10.7 and 10.8 and Articles 6, 8 and 13.

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: Unless otherwise specified in the applicable Award Agreement with respect to a Permitted Waiver Event, upon a Participant’s termination of service with the Company and its Subsidiaries during the applicable Restricted Period, whether voluntary or involuntary (and including without limitation termination on account of death, disability, or retirement), all Performance Awards shall be forfeited by the Participant. However, the Committee may, when it finds that a waiver upon a Permitted Waiver Event would be in the best interests of the Company, waive in whole or in part any or all remaining restrictions with respect to such Participant’s Performance Award; provided , however , if the Award to a Covered Employee is intended to qualify as “performance-based compensation” under section 162(m) of the Code, such waiver may be only upon a termination due to death or disability or a Change of Control of the Company or other event permitted under section 162(m) of the Code.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 1428-29. It has been held that a disclosure sufficient to waive the work product protection does not have to be intentional; therefore inadvertent or unintentional disclosures of protected materials also might result in the waiver of the privilege. See, e.g., Carter v. Gibbs, 909 F.2d 1450, 1451 (Fed.Cir.1990). However, such a disclosure does not automatically forfeit the attorney work product privilege. In determining whether a party has waived the privilege- through an inadvertent or involuntary disclosure, courts consider, among other factors,- the steps taken by a party to remedy the disclosure and any delay in doing so. See, e.g., United States v. Keystone Sanitation Co., 885 F.Supp. 672, 676 (M.D.Pa.1994); cf. United States v. de la Jara, 973 F.2d 746, 749-50 (9th Cir.1992) (<HOLDING>). But see Carter, 909 F.2d at 1451 (holding Options: A. recognizing privilege B. holding that a defendant waived his attorneyclient privilege with regards to a seized letter because he waited six months after the seizure to assert his privilege C. holding that failure to timely assert attorneyclient privilege constitutes waiver D. holding that governmental entities may assert attorneyclient privilege to prevent disclosure of information otherwise required by statute E. holding that the information is not protected by attorneyclient privilege

assistant: The best answer is B. holding that a defendant waived his attorneyclient privilege with regards to a seized letter because he waited six months after the seizure to assert his privilege
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 payment by the Borrower on account of the principal of or interest on the Loans or of any fee, commission or other amounts payable to the Lenders under this Agreement (or any of them) shall be made not later than 1:00 p.m. (New York, New York time) on the date specified for payment under this Agreement to the Administrative Agent at the Administrative Agent’s Office for the account of the Lenders entitled to such payment in Dollars, in immediately available funds and shall be made without any set off, counterclaim or deduction whatsoever. Any payment received after such time but before 2:00 p.m. on such day shall be deemed a payment on such date for the purposes of Section 7.01 , but for all other purposes shall be deemed to have been made on the next succeeding Business Day. Any payment received after 2:00 p.m. shall be deemed to have been made on the next succeeding Business Day for all purposes. Upon receipt by the Administrative Agent of each such payment, the Administrative Agent shall distribute to each such Lender at its address for notices set forth herein its pro rata share of such payment based on its Commitment Percentage or ratable share of the Loans (or other applicable share as provided herein), and shall wire advice of the amount of such credit to each Lender. Each payment to the Administrative Agent of the Administrative Agent’s fees or expenses shall be made for the account of the Administrative Agent and any amount payable to any Lender under Sections 2.12(e) , 2.14 , 2.17 , 9.05 or 9.07 shall be paid to the Administrative Agent for the account of the applicable Lender. If any payment under this Agreement shall be specified to be made upon a day which is not a Business Day, it shall be made on the next succeeding day which is a Business Day and such extension of time shall in such case be included in computing any interest and fees if payable along with such payment.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 22.4 if any provision of these terms is held to be invalid or unenforceable , such provision will be struck and will not affect the validity and enforceability of the remaining provisions .

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: Inc. v. EEOC, 446 U.S. 318, 331, 100 S.Ct. 1698, 1707, 64 L.Ed.2d 319 (1980) (noting that “the adequate-representation requirement is typically construed to foreclose the class action where there is a conflict of interest between the named plaintiff and the members of the putative class”); Prado-Steiman ex rel. Prado v. Bush, 221 F.3d 1266, 1279 (11th Cir.2000) (noting that the “incentives” of the class representative must “align with those of absent class members so as to assure that the absentees’ interests will be fairly represented”) (internal quotations omitted). The Fifth Circuit has noted “the well-established rule that' the party seeking certification bears the burden of establishing all elements of rule 23(a).” Berger v. Compaq Computer Corp., 257 F.3d 475, 481 (5th Cir.2001) (<HOLDING>). The court further stated that “[ajdequacy is Options: A. holding that it is error to certify class when named class representatives are not members of the class they purport to represent B. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members C. holding that awards of 2500 to majority of representatives and 5000 to deposed representatives were inappropriate where representatives had borne little risk by participating in litigation and provided services that could have been provided by any other class member D. holding that district court erred by shifting burden to defendants to show that class representatives were inadequate E. holding that class representatives cannot appear pro se

assistant: The best answer is D. holding that district court erred by shifting burden to defendants to show that class representatives were inadequate
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by creating or joining a family , you represent that you will use the family in accordance with its purpose and wo n't use it in an unauthorized way to unlawfully gain access to another person 's information .

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: if you wish to use a business account and/or skype manager on behalf of the u.s. government or an agency of the u.s. government , these terms do not apply to that use .

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: Precision, Inc, 469 Mich 362, 374; 666 NW2d 251 (2003). An affirmative expression of assent constitutes a waiver. Id. at 378. In contrast, a failure to timely assert a right constitutes a forfeiture. Id. at 379. “A stipulation is an agreement, admission or concession made by the parties in a legal action with regard to a matter related to the case.” People v Metamora Water Serv, Inc, 276 Mich App 376, 385; 741 NW2d 61 (2007). To waive a right, the language of a stipulation must show an intent to plainly relinquish that right. Whitley v Chrysler Corp, 373 Mich 469, 474; 130 NW2d 26 (1964). However, the use of specific key words is not required to waive a right. See Amalgamated Transit Union, Local 1564, AFL-CIO v Southeastern Mich Transp Auth, 437 Mich 441, 463 n 16; 473 NW2d 249 (1991) (<HOLDING>). In this case, in November 2013, Mando Options: A. recognizing that courts will enforce waiver of appeal rights when waiver is knowing and voluntary B. holding unionnegotiated waiver of employees right to judicial forum for statutory claims must be clear and unmistakable C. holding that clear and unmistakable standard applied to unionnegotiated waiver of employees statutory right to a judicial forum for claims of employment discrimination D. holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver E. holding that even if the standard for waiver is clear the standard was not met

assistant: The best answer is D. holding that the word waiver is not required to waive a right even when a statute requires clear and unmistakable evidence of waiver
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: marriage (and imposing an obligation of support upon the husband) was ‘plainly and palpably wrong[ ]’ and ... is due to be reversed.” (Emphasis added.) In the case now before us, the divorce judgment did not expressly determine whether the husband was the father of K.R.G.; however, it impliedly determined that the husband was the father of K.R.G. because it (1) granted the husband visitation with K.R.G., (2) ordered the husband to pay child support for K.R.G. and to pay one-half of KR.G.’s uninsured medical, optical, and dental expenses, and (3) authorized the husband to claim K.R.G. as a dependent for tax purposes in odd-numbered years. Those provisions of the divorce judgment are inconsistent with a determination that the husband is not the father of K.R.G. See C.T.J. v. A.S.J. (<HOLDING>). We conclude that the trial court erred in Options: A. holding that it was error for the trial court to determine the issue of child support without a child support guidelines worksheet B. holding that parents may not voluntarily terminate their rights in a child to avoid child support payments or contract away a child support obligation C. holding that a child was not barred by a former statute of limitations applicable to actions to establish the existence of a father and child relationship when the current action was to establish the nonexistence of a father and child relationship and the presumed father no longer persisted in maintaining paternity D. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied E. holding that the trial court had erred in imposing an obligation to pay child support when clear and convincing evidence established that the husband was not the father of the child

assistant: The best answer is E. holding that the trial court had erred in imposing an obligation to pay child support when clear and convincing evidence established that the husband was not the father of the child
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: Byrd was sentenced in September 1992 for an offense committed in March 1992, this amended language governs his sentencing. See U.S.S.G. § 4A1.2, comment, (n.6), (backg’d.) (Nov.1991). Thus, because' the pertinent language relied on by Jones I has been deleted and new language added, Byrd is incorrect that our decision in Jones I controls this appeal. Byrd next contends that the amended language should be interpreted to provide district courts with discretion to entertain constitutional challenges to prior convictions that will be relied upon to enhance a defendant’s sentence. The courts of appeals that have addressed the meaning of the amended Application Note and Background Commentary have taken differing approaches. Compare United States v. Jakobetz, 955 F.2d 786, 805 (2d Cir.) (<HOLDING>), cert. denied, — U.S. -, 113 S.Ct. 104, 121 Options: A. holding that district court may enhance sentence based on fact of prior convictions under 924e regardless of whether admitted by defendant or found by jury B. holding that due to statute defendant cannot collaterally attack prior convictions used to enhance sentence unless in violation of the right to counsel C. holding that prior felony drug convictions that fall within the conspiracy period may be used to enhance the defendants sentence if the conspiracy continued after his earlier convictions were final D. holding amended language gives district courts discretion to permit collateral attack on prior convictions used to enhance sentence E. holding that commission did not intend amended language to provide discretion to district courts to entertain challenges to prior convictions at sentencing

assistant: The best answer is D. holding amended language gives district courts discretion to permit collateral attack on prior convictions used to enhance sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: except as expressly set forth in these terms , the exercise by either party of any of its remedies under these terms will be without prejudice to its other remedies under these terms or otherwise permitted under law .

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 rights, privileges, benefits and compensation (“Benefits”) provided pursuant to this Agreement shall be conditioned upon Executive’s timely execution after the Effective Date of the release attached hereto as Exhibit A, which has become effective and irrevocable in accordance with its terms. In the event Executive fails to timely execute and submit the required release or if the Executive subsequently revokes the release, or revokes acceptance of this Agreement, the Company shall have no obligation to provide any part of the Benefits described in this Agreement and may enforce its right to recover any Benefits provided to Executive under this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: were off-duty when they participated in this Labor Day parade. 70 . Id. at 183. 71 . Jantzen v. Hawkins, 188 F.3d 1247, 1257 (10th Cir.1999) (citing Horstkoetter v. Dep’t of Pub. Safety, 159 F.3d 1265, 1277-78 (10th Cir. 1998)). 72 . Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). 73 . Jantzen, 188 F.3d at 1257. 74 . Medina v. City and County of Denver, 960 F.2d 1493, 1498 (10th Cir.1992) (citing Stewart v. Donges, 915 F.2d 572, 582-83, n. 14 (10th Cir. 1990)). 75 . Id. at 1498 (citations omitted). 76 . Casey v. W. Las Vegas Indep. Sch. Dist., 473 F.3d 1323, 1328 (10th Cir.2007). 77 . 890 F.2d 1557 (10th Cir. 1989). 78 . Id. at 1567. 79 . Id. 80 . 883 F.2d 842 (10th Cir.1989) 81 . Id. at 862. 82 . See e.g., Pappas v. Giuliani, 290 F.3d 143 (2d Cir.2002) (<HOLDING>); Worrell v. Henry, 219 F.3d 1197, 1208 (10th Options: A. holding that a bylaw was plainly designed in the interest of preventing competition B. holding that the government interest in preventing crime is compelling C. holding that the government has a legitimate interest in not appearing to endorse lascivious materials on a military base and that banning such materials is a reasonable way to serve that interest D. holding that defendants interest in preventing the impairment of its performance outweighed plaintiffs interest in disseminating racist materials anonymously through the mail E. recognizing the states interest in preventing deception of consumers

assistant: The best answer is D. holding that defendants interest in preventing the impairment of its performance outweighed plaintiffs interest in disseminating racist materials anonymously through the mail
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: You acknowledge and agree that all writings, inventions, improvements, processes, procedures, programs, techniques and other data and information that are furnished to you by the Company or that you design, generate or develop within the scope of your employment with the Company or related to the business of the Company, whether on the Company’s property or otherwise, whether alone or with others, are and will remain the sole and confidential property of the Company. You specifically agree that all materials that you design, generate or develop within the scope of your employment with the Company, related to the business of the Company or using any confidential or proprietary information of the Company will be considered “works made for hire” under applicable law and that all such material will be owned exclusively by the Company. You hereby assign and transfer to the Company all right, title and interest that you may have in and to such materials under patent, copyright, trade secret, trademark and other applicable laws.

assistant: Intellectual Property
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 and the other Loan Documents constitute the entire agreement between the Bank and the Borrower with respect to the Loan and the written and executed form of this Agreement and the Loan Documents expressly supersede any previous writings or oral agreements between and among the Bank and the Borrower and their Affiliates, agents and employees.

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 parties agree that it is not their intention to violate any public policy or statutory or common law. In the event that any provision or portion of this Agreement shall be determined to be invalid or unenforceable for any reason, in whole or in part, the remaining provisions of this Agreement shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by law. Without limiting the foregoing, if any portion of SECTION 5 is held to be unenforceable, the maximum enforceable restriction of time, scope of activities and geographic area will be substituted for any such restrictions held unenforceable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: first argues that the district court exceeded its constitutional authority under the Sixth Amendment when it imposed “an enhancement based on facts not admitted by him and not found by a jury.” He acknowledges, however, that the line of cases beginning with Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), permits factfinding by the court regarding the nature of a prior conviction. But he wishes to preserve the issue in the event that the Supreme Court reconsiders Almendarez-Torres. By Ossa-Gallegos’s own admission, the district court’s classification of his prior sexual-assault conviction as violent does not violate his Sixth-Amendment rights under the current state of the law. See United States v. Richardson, 437 F.3d 550, 555 (6th Cir.2006) (<HOLDING>). The 16-level enhancement under the Options: A. holding that the armed career criminal designation based on prior convictions does not violate the sixth amendment under booker B. holding that a sentencing court may determine the nature of a prior conviction without violating the sixth amendment C. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing under the acca even though convictions were neither charged in indictment nor admitted D. holding that controlling law both before and after booker counsels that a judge can make factual findings about a defendants prior convictions without implicating the sixth amendment E. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing as career offender

assistant: The best answer is D. holding that controlling law both before and after booker counsels that a judge can make factual findings about a defendants prior convictions without implicating the sixth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 226.32(a). A “high cost” mortgage covered by HOEPA is a consumer credit transaction with a creditor: 3) that is secured by the consumer’s principal dwelling 4) and is a second or subordinate residential mortgage, not a residential mortgage transaction, a reverse mortgage transaction, or a transaction under an open credit plan For such loans, a failure to satisfy the requirements of TILA/HOEPA can result in civil liability for the lender, which may be asserted as a matter of defense by recoupment. See 15 U.S.C.A. §1640. The HOEPA, therefore, does not apply to credit transactions unless such transactions are secured by a property used or intended to be used as the mortgagor’s principal dwelling. 15 U.S.C. § 1603; see also Antanuos v. First Nat’l Bank, 508 F. Supp. 2d 466 (E.D. Va. 2007) (<HOLDING>). 3. Is the subject mortgage a residential Options: A. holding that the determination of whether the debtor is using real property as his principal residence is made as of the petition date for the purposes of section 1322b2 B. holding tila applies only to credit transactions secured by real or personal property used or expected to be used as the principal dwelling of the debtor C. holding that under delaware law the policys definition of personal injury as wrongful entry or eviction or other invasion of the right of private occupancy applies only to damages incurred as a result of an invasion of an interest in real property D. holding that a tax appeal on real property is a lien on the real estate and not a personal obligation of the landowner E. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added

assistant: The best answer is B. holding tila applies only to credit transactions secured by real or personal property used or expected to be used as the principal dwelling of the debtor
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered by facsimile or electronic (PDF) transmission.

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: THIS LETTER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH INTERNAL LAWS OF THE STATE OF GEORGIA, WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF GEORGIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF GEORGIA.

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: Plaintiffs theory any losses that occur subsequent in time to the excluded workmanship are restored simply because of the passage of time. Such a theory is contrary to basic Virginia principles of contract interpretation. See TM Delmarva Power, LLC v. NCP of Virginia, LLC, 263 Va. 116, 557 S.E.2d 199, 201 (2002) (“no word or clause in a contract will be treated as meaningless if a reasonable meaning can be given to it, and parties are presumed not to have included needless words in the contract”) (citing D.C. McClain, Inc. v. Arlington County, 249 Va. 131, 452 S.E.2d 659, 662 (1995)). Moreover, the courts in both Holland and Performing Arts specifically addressed, and declined to follow, Plaintiffs line of argument. Holland v. Breaux, 2005 WL 3542899, at *6 (E.D.La. Nov. 22, 2005) (<HOLDING>); see also Performing Arts Cmty. Improvement Options: A. holding that a loss of consortium is separate and independent from the primary action B. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss C. holding that insured must be able to separate the cause of the collapse from excluded conduct in order to trigger the ensuing loss clause D. holding in a case involving a multiplevehicle policy that a new offer of uninsured motorist coverage was not required for the addition of a new vehicle which was comparable to the renewal or supplementation of an existing policy events that did not trigger the statutory requirement of a new offer the courts holding was based in part upon the principle that an insurance contract is personal to the insured because it insures the risk of loss to the insured and does not attach to specific vehicles E. recognizing that loss of consortium is a right of action separate from that of the spouse

assistant: The best answer is C. holding that insured must be able to separate the cause of the collapse from excluded conduct in order to trigger the ensuing loss clause
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 summary judgment order does not specify the grounds upon which the ruling was made, the reviewing court will affirm the judgment if any one of the theories advanced in the motion are meritorious. See State Farm Fire & Cas. Co. v. S.S., 858 S.W.2d 374, 380 (Tex.1993); Carr, 776 S.W.2d at 569; Hall v. Tomball Nursing Ctr., Inc., 926 S.W.2d 617, 619 (Tex.App.—Houston [14th Dist.] 1996, no writ). By analogy, on appeal from the denial of a summary judgment, we may reverse and render judgment if any of the grounds stated in the movant’s motion are meritorious. Because we have determined that appellant negated the element of actual malice, we need not consider the other grounds raised in the motion and in this appeal. See Cincinnati Life Ins. Co. v. Cates, 927 S.W.2d 623, 626 (Tex.1996) (<HOLDING>). IV. CONCLUSION Texas has long been committed Options: A. holding that party may not appeal summary judgment in favor of opponent when grounds opposing summary judgment asserted on appeal were not raised before trial court B. holding that courts of appeals should consider all summary judgment grounds that are necessary for final disposition of the appeal C. holding that where specific grounds for an objection are stated at trial all other grounds are waived and will not be considered for the first time on appeal D. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal E. holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal

assistant: The best answer is B. holding that courts of appeals should consider all summary judgment grounds that are necessary for final disposition of the appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: EZ Seed grows grass. If plaintiffs can prove EZ Seed “does not grow at all” and thus is worthless, plaintiffs will be entitled to relief. See Allen v. Hyland’s Inc., 300 F.R.D. 643, 660 (C.D.Cal.2014) (finding commonality satisfied where plaintiff argues defendants’ product is worthless because if defendants’ “products ... uniformly do not perform as advertised, then the putative class will be entitled to relief under Plaintiffs’ warranty and false advertising claims”). A common question with respect to the second theory of liability is whether the 50% thicker claim is false and/or misleading. The answer to this question is common to all class members, and is apt to drive the resolution of this litigation. See, e.g., Ebin v. Kangadis Food Inc., 297 F.R.D. 561, 565 (S.D.N.Y. 2014) (<HOLDING>); Brazil v. Dole Packaged Foods, LLC, 2014 WL Options: A. holding that although the district court recognized confusion based on similarity of products it failed to give proper weight to the virtual identity of the parties products B. recognizing that substantial change is a defense to a products liability claim C. holding a common question in a consumer class action brought under the gbl is whether a products manufacturer defrauded purchasers by making a specific claim on the products label D. holding that a consumer can institute a products liability suit for economic loss to the product E. recognizing products liability and products actions based on negligence as part of the general maritime law

assistant: The best answer is C. holding a common question in a consumer class action brought under the gbl is whether a products manufacturer defrauded purchasers by making a specific claim on the products label
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 Executive shall serve as "Executive Vice President, General Counsel and Secretary," reporting to the Company's CEO. The Executive shall have such duties and responsibilities, commensurate with the Executive's position, as may be reasonably assigned to the Executive from time to time by the CEO. The Executive's principal place of employment shall be 601 Carlson Parkway, Suite 990, Minnetonka, Minnesota 55305.

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: The Company hereby employs Executive as Chief Executive Officer, Bankrate.com, and Executive hereby accepts such employment by the Company, under the terms of this Agreement. The initial term of employment hereunder (the “ Initial Term ”) shall commence as of the Effective Date and shall terminate on December 31, 2019; provided , however , that, as of the date on which the Initial Term expires and each anniversary thereof (each, a “ Renewal Date ”), such term of employment shall be extended for an additional year, unless either party gives at least 12 months’ written notice prior to such Renewal Date of its intention not to further extend such term (the Initial Term and each subsequent extension, collectively, the “ Term ”); and provided , further , that the Company may not give a notice of non-renewal of the Term during the two-year period following a Change in Control (as defined in the Company’s 2015 Equity Compensation Plan) (any such two-year period, a “ Protected Period ”) or in anticipation of a Change in Control. Notwithstanding the foregoing provisions of this Section 1, the Term shall automatically terminate upon a termination of Executive’s employment with the Company and its affiliates pursuant to Section 7 for any reason.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on Behalf of Bartholomew v. Foster, 115 Pa.Cmwlth. 430, 541 A.2d 393, 397 (1988), affd per curiam 522 Pa. 489, 563 A.2d 1390 (1989). We have not hesitated to effectuate the Equal Rights Amendment’s prohibition of sex discrimination by striking down statutes and common law doctrines predicated upon traditional or stereotypical roles of men and women. See Hartford, 482 A.2d at 548 (applying the Equal Rights Amendment to find that the Insurance Commissioner properly disapproved of an automobile insurer’s discriminatory sex-based rates); Commonwealth ex rel. Spriggs v. Carson, 470 Pa. 290, 368 A.2d 635, 639 (1977) (plurality opinion) (“Tender years doctrine” offends concept of equality of the sexes embraced in Equal Rights Amendment.); Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976) (<HOLDING>); Butler v. Butler, 464 Pa. 522, 347 A.2d 477 Options: A. holding that the equal rights amendment requires that wife as well as husband be permitted to recover for loss of consortium B. holding that it is within the power of the legislature to determine that the community should be beautiful as well as healthy spacious as well as clean wellbalanced as well as carefully patrolled C. holding that a similar hawaii statute violates equal protection D. holding that the fourth amendment protects property as well as privacy E. holding that the adoption acts failure to require parental consent of unwed father as well as unwed mother violates equal rights amendment

assistant: The best answer is E. holding that the adoption acts failure to require parental consent of unwed father as well as unwed mother violates equal rights amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless and until the delivery of underlying RSU Shares, the Holder has no rights as a shareholder of the Corporation, including no right to vote the underlying RSU Shares or rights to dividends or distributions on the underlying RSU Shares. The Holder’s rights with respect to the RSU Award shall be that of a general unsecured creditor of the Corporation.

assistant: Duties