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: Each Credit Party (other than IMS Southern, LLC) will, and will cause each of its Restricted Subsidiaries to, maintain insurance including, but not limited to, public liability, property insurance, comprehensive general liability, product liability, business interruption and fidelity coverage insurance, in such amounts and against such risks as would be customary for companies in the same industry and of comparable size as the Credit Parties and their Restricted Subsidiaries from financially sound and reputable insurance companies acceptable to the Administrative Agent. In addition to the foregoing, each Credit Party further agrees to maintain and pay for insurance upon all goods constituting Collateral wherever located, in storage or in transit in vehicles, vessels or aircraft, including goods evidenced by documents, covering casualty, hazard, public liability and such other risks and in such amounts as would be customary for companies in the same industry and of comparable size as the Credit Parties and their Restricted Subsidiaries, from financially sound and reputable insurance companies acceptable to the Administrative Agent to insure the Lender Group’s interest in such Collateral. All property insurance policies of the Credit Parties shall name the Administrative Agent as lender’s loss payee and all liability insurance policies shall name the Administrative Agent as additional insured. Not less than once per year each Credit Party shall deliver the original certificates of insurance evidencing that the required insurance of such Credit Party is in force together with satisfactory lender’s loss payable and additional insured, as applicable, endorsements. Each policy of insurance or endorsement of a Credit Party shall contain a clause requiring the insurer to give not less than thirty (30) days prior written notice to the Administrative Agent in the event of cancellation of the policy for any reason whatsoever and a clause that the interest of the Administrative Agent shall not be impaired or invalidated by any act or neglect of any Credit Party or owner of the Collateral nor by the occupation of the premises for purposes more hazardous than are permitted by said policy. If any Credit Party or any of their Restricted Subsidiaries fails to provide and pay for such insurance, the Administrative Agent may, at the Borrower’s expense, procure the same, but shall not be required to do so. Each Credit Party agrees to deliver to the Administrative Agent, promptly as rendered, true copies of all reports made in any reporting forms to insurance companies with respect to any liability or casualty claim in excess of $1,000,000.

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: The Executive agrees that except in the case of a termination resulting from the Executive's death, all payments under Sections 5(d), (e), (f), and (g)(iii) and Section 6 are conditioned on the Executive's prior execution and non-revocation of a full release of the Key Companies and their officers, directors, employees, and affiliates for all claims relating to his agreements, employment, compensation, and termination and such other matters as the Company reasonably requests on termination, other than any continuing obligations of the Company described in this Agreement, which shall be documented on a form substantially similar to that which is attached as Exhibit C (“ Release ”). The Release shall be executed by the Executive no earlier than the day after termination of the Executive’s employment and no later than the time period prescribed by law or as provided for in the Release (the “ Release Deadline ”). If the Executive does not properly execute the Release by the Release Deadline, or effectively revokes the executed Release within seven (7) days after delivering the executed Release to the Company, the Executive will receive only such compensation and benefits as are required by applicable law. Any Release previously executed under this Section 5(i) will be null and void if the Company reaches a determination of Cause within the Cause Review Period.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: evernote is not directed to minors , and any use by minors should only be done with the guidance , supervision and consent of their parents , guardians and/or authorized school officials .

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 parties agree that this Agreement shall be deemed to have been jointly and equally drafted by them and that the provisions of this Agreement therefore shall not be construed against a party or parties on the ground that such party or parties drafted or was more responsible for the drafting of any such provision(s). Each of the parties further agree that they have each carefully read the terms and conditions of this Agreement, that they know and understand the contents and effect of this Agreement and that the legal effect of this Agreement has been fully explained to its satisfaction by counsel of its own choosing.

assistant: Interpretations
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 Originator agrees to pay or cause to be paid, and to save the Buyer and each Financing Party harmless against liability for the payment of: all reasonable out-of-pocket expenses (including attorneys’ fees and expenses of counsel to the Administrative Agent and accountants’ and other third parties’ fees and expenses) incurred by or on behalf of the Buyer or such Financing Party in connection with (i) the negotiation, execution, delivery and preparation of this Agreement and the Transaction Documents, (ii) any amendments, waivers or consents under the Transaction Documents, or (iii) the Buyer’s and the Financing Parties’ enforcement or preservation of their respective rights (including the perfection and protection of the Receivables) under the Transaction Documents; provided , that the amount of legal fees payable by Originator under this Section 7.01 (and by the Buyer under this Section 10.01 of the Receivables Purchase Agreement) in connection with the negotiation, execution, delivery and preparation of this Agreement and the Transaction Documents through the Closing Date shall not exceed $150,000. The Originator further agrees to timely pay any and all present and future Direct Taxes to the relevant Governmental Authority in accordance with applicable Law and, without limitation of such obligation, shall, and does hereby, indemnify the Buyer and each Financing Party, for the full amount of any Direct Taxes payable by such Person and any reasonable expenses arising therefrom or with respect thereto, whether or not such Direct Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. All amounts due to the Buyer or any Financing Party under this Section 7.01 shall be payable promptly (and in any event within thirty days) following receipt of a written invoice therefor together with reasonable supporting documentation.

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: Holder hereby agrees to indemnify and hold harmless the Company and its incorporators, officers, directors, employees and agents, and any of its professional advisors, and any corporation or entity affiliated with the Company, and their officers, directors, employees and agents, and any of their professional advisors, from and against any and all loss, damage, liability or expense (including reasonable attorneys’ fees) due to or arising out of a breach of any of the representations or warranties contained in this Warrant. This obligation shall survive the termination, expiration or exercise of this Warrant.

assistant: Indemnifications
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 one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Signatures on this Agreement may be communicated by facsimile and or other electronic transmission and shall be binding upon the parties hereto so transmitting their signatures. Counterparts with original signatures shall be provided to the other parties hereto following the applicable transmission; provided that the failure to provide the original counterpart shall have no effect on the validity or the binding nature of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Holloway also makes two other specific complaints. First, he alleges that he was not informed of the maximum punishment he could receive as a result of the enhancement of his conviction for aggravated robbery. But aggravated robbery in Texas is a first-degree felony, Tex. Penal Code Ann. § 29.03(b); enhanced or unen-hanced, it is punishable by at most life or ninety-nine years in prison, id. §§ 12.32(a), 12.42(c). Thus, because Holloway knew of the maximum punishment for the unen-hanced offense he also knew of the maximum punishment for the enhanced offense. Second, Holloway alleges he was not informed that a “true” plea would waive his right to challenge the validity of the prior convictions in a subsequent collateral proceeding. See Zales v. Henderson, 433 F.2d 20, 24 (5th Cir.1970) (<HOLDING>). But there is no precedent for the proposition Options: A. holding that application of career offender enhancement falls within exception for prior convictions where facts are undisputed making it unnecessary for district court to engage in further fact finding about prior convictions B. holding that when a defendant stipulates to prior convictions in prosecutions for aggravated offenses under ndcc 390801 submission of prior convictions to a jury constitutes reversible error C. holding that when a defendant admits prior convictions at a habitual offender hearing he waives any complaints about the validity of the prior convictions D. holding our habitual offender act does not limit enhancement to prior felony convictions within a certain time E. holding that a defendant may challenge the validity of prior convictions during a sentencing hearing and that the burden to establish invalidity is on the challenging party

assistant: The best answer is C. holding that when a defendant admits prior convictions at a habitual offender hearing he waives any complaints about the validity of the prior convictions
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: Count Twenty-Two alleges a single scheme to defraud the Sheriffs Office and the citizens of Page County of its right to honest services, and it identifies a use of the mail in furtherance of that scheme. The fact that only one mailing is identified in the indictment does not render Count Twenty-Two invalid. As the Supreme Court recently noted in Bridge v. Phoenix Bond & Indem. Co., 553 U.S. —, 128 S.Ct. 2131, 170 L.Ed.2d 1012 (2008), “[t]he gravamen of the offense is the scheme to defraud, and any ‘mailing that is incident to an essential part of the scheme satisfies the mailing element.’ ” Bridge, 128 S.Ct. at 2138 (quoting Schmuck v. United States, 489 U.S. 705, 712, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989)); see also United States v. Bradshaw, 282 Fed.Appx. 264, 269-270 (4th Cir.2008) (<HOLDING>). For the foregoing reasons, the defendant’s Options: A. holding that the prosecution may establish the intent element of mail fraud by proving that the defendant was reckless B. holding that mailing of titleregistration forms satisfied mailing requirement because they contributed to success of the scheme C. holding that the first element of mail fraud knowing participation in a scheme to defraud can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered D. recognizing that where the looting is complete before the mailing is made a claim for mail fraud will not lie E. recognizing that a mailing must be sufficiently related to the fraudulent scheme to support a charge of mail fraud

assistant: The best answer is C. holding that the first element of mail fraud knowing participation in a scheme to defraud can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered
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: 2.3 you may not use the service and may not accept the terms if ( a ) you are not of legal age to form a binding contract with youtube , or ( b ) you are a person who is either barred or otherwise legally prohibited from receiving or using the service under the laws of the country in which you are resident or from which you access or use the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All obligations of the Company with respect to Awards granted under the Plan shall be binding on any successor to the Company of all or substantially all of the business and/or assets of the Company, whether the existence of such successor is the result of a direct or indirect purchase, merger, consolidation or otherwise, and the term “Company” as used herein shall be construed accordingly.

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 case excerpt and choose the best holding from the options. Case excerpt: party benefited by a contract to sue thereon rests upon the liability of the promisor, and this liability must affirmatively appear from the language of the instrument when properly interpreted and construed.” Carson Pirie Scott, 346 Ill. at 258; beneficiary relationship did not exist in the following cases: (1) Altevogt v. Brinkoetter, 85 Ill. 2d 44, 56 (1981) (explaining that an agreement between the owner of a vacant lot and the party commissioned to build a house on the lot was not for the direct benefit of the purchaser of the house where the contract was not part of the record and the complaint did not allege that under the contract the parties intended to benefit a third person); (2) 155 Harbor Drive Condominium Ass’n v. Harbor Point Inc., 209 Ill. App. 3d 631, 647 (1991) (<HOLDING>); (3) Ball Corp. v. Bohlin Building Corp., 187 Options: A. holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors B. holding that the owner could maintain a 93a claim against the subcontractor where there was a genuine issue of material fact as to whether the owner was the thirdparty beneficiary of the contract between the general contractor and the subcontractor C. holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee D. holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors E. holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code 523a2 because owner did not show that contractor had intent not to perform when the agreement was made

assistant: The best answer is A. holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the vesting schedule [and Performance Goals] provided in paragraph (a), if the Employee's employment with the Employer terminates as a result of the Employee's death [prior to the end of the applicable Performance Period], 100% of the unvested Restricted Stock Units shall vest as of the date of the Employee's death.

assistant: Death
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: We have not previously addressed the standard under which we review a district court’s determination of when a person’s motive to testify falsely arose within the meaning of Rule 801(d)(1)(B). Although the question of when a motive arose is an issue of fact, ordinarily reviewed under the clearly erroneous standard, United States v. Percy, 250 F.3d 720, 725 (9th Cir.2001), we join our sister circuits and hold that we review a district court’s determination of admissibility under Rule 801(d)(1)(B) for abuse of discretion. See United States v. Prieto, 232 F.3d 816, 819, 822 (11th Cir.2000); United States v. Roach, 164 F.3d 403, 411 (8th Cir.1998); United States v. Fulford, 980 F.2d 1110, 1114 (7th Cir.1992); see also United States v. Hernandez-Herrera, 273 F.3d 1213, 1217 (9th Cir.2001) (<HOLDING>). Federal Rule of Evidence 801(c) defines Options: A. holding that the dismissal of a frivolous action reviewed for abuse of discretion B. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion C. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion D. holding that the imposition of sanctions is reviewed for abuse of discretion E. holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion

assistant: The best answer is C. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly authorized, executed and delivered by Erin and constitutes legal, valid and binding obligations of Erin, enforceable against Erin in accordance with its terms except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium or other laws of general application affecting the enforcement of creditors’ rights generally and (ii) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.

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 otherwise provided in the terms of the Award Agreement, upon termination of a Participant’s employment with or service to the General Partner, the Partnership and their respective Affiliates or membership on the Board or the board of directors of an Affiliate of the General Partner, whichever is applicable, for any reason during the applicable Restricted Period, all outstanding Unit Appreciation Rights awarded to the Participant shall be automatically forfeited on such termination. The Committee may, in its discretion, waive in whole or in part such forfeiture with respect to a Participant’s Unit Appreciation Rights; provided that the waiver contemplated under this Section 6(c)(iii) shall be effective only to the extent that such waiver will not cause the Participant’s Options that are designed to satisfy Section 409A to fail to satisfy such regulations.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement between the Parties hereto and supersedes and replaces any and all prior or contemporaneous representations or agreements, whether oral or written, relating to the subject matter herein (specifically excluding, however, post-termination obligations contained in the Employment Agreement and the Stock Option Awards). Each Party acknowledges that when they decided to sign this Agreement, they were not relying on any representations that are not in this Agreement. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sources on safety regarding the ventilation of an HC binder; review of Fuller’s MSDS; interviews with McCullock concerning her work area and the glue pot; background industrial experience with ventilation; and practical experience with fumes. Thus, his analysis went far beyond that of a layman. Woolley had both the practical experience and necessary academic training to testify whether McCullock was in the breathing zone of the glue fumes. The district court therefore did not err, let alone manifestly err, by admitting Woolley’s expert testimony. B. Dr. Fagelson As to Dr. Fagelson, Fuller cites Christophersen v. Allied-Signal Corp., 939 F.2d 1106, 1113 (5th Cir.1991), cert. denied, 503 U.S. 912, 112 S.Ct. 1280, 117 L.Ed.2d 506 (1992), for the proposition that hol 5 (9th Cir.1994) (<HOLDING>), cert. denied, — U.S. -, 115 S.Ct. 734, 130 Options: A. holding that in reviewing the district courts decision concerning expert testimony we must first determine whether the district court properly followed the framework set forth in daubert B. holding that a doctor was qualified under daubert to give an expert opinion on standard of medical care based on thirty years of experience as a practicing boardcertified cardiologist and his review of the medical records C. holding that the district court properly admitted expert testimony under daubert that was based on inter alia the doctors clinical experience and review of the medical records D. holding the district court properly admitted expert testimony on defendants active gang membership E. holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions

assistant: The best answer is C. holding that the district court properly admitted expert testimony under daubert that was based on inter alia the doctors clinical experience and review of the medical records
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby, and compliance by the Company with the terms of this Agreement, will not (with or without notice or lapse of time or both) conflict with or result in a breach or violation of any of the terms or provisions of, constitute a default under, give rise to any right of termination or other right or the cancellation or acceleration of any right or obligation or loss of a benefit under, or give rise to the creation or imposition of any lien, encumbrance, security interest, claim or charge upon any property or assets of the Company or any Subsidiary pursuant to, any indenture, mortgage, deed of trust, loan agreement or other agreement or instrument to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries is bound or to which any of the property or assets of the Company or any of its Subsidiaries is subject, nor will such actions result in any violation of the provisions of the charter or by-laws (or analogous governing instruments, as applicable) of the Company or any of its Subsidiaries or any law, statute, rule, regulation, judgment, order or decree of any court or governmental agency or body, domestic or foreign, having jurisdiction over the Company or any of its Subsidiaries or any of their properties or assets.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Guarantor hereby acknowledges the provisions of Section 2.16 of the Term Loan Agreement and agrees to be bound by such provisions with the same force and effect, and to the same extent, as if such Guarantor was a party to the Term Loan Agreement.

assistant: 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: Parent hereby irrevocably assigns, transfers and conveys all of its rights, duties, liabilities and obligations under the Existing Credit Agreement and the Assigned Loan Documents to which it is a party to the Borrower, and the Borrower hereby irrevocably accepts such assignment from Parent and as of the Effective Date (a) agrees to be bound by all of the terms, conditions and provisions of, (b) assumes all of the rights, duties, liabilities and obligations of Parent under and (c) promises to keep and perform all covenants, terms, provisions and agreements of Parent, in each case, under the Existing Credit Agreement and the Assigned Loan Documents, in each case as amended and restated (and to the extent not superseded) in connection with the transactions contemplated hereby.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Company is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware and has all requisite corporate power and corporate authority necessary to carry on its business as it is now being conducted, except (other than with respect to the Company’s due organization and valid existence) as, individually or in the aggregate, has not had and would not reasonably be expected to have a Material Adverse Effect. The Company is duly licensed or qualified to do business (where such concept is recognized under applicable Law) in each jurisdiction in which the nature of the business conducted by it or the character or location of the properties and assets owned or leased by it makes such licensing or qualification necessary, except where the failure to be so licensed or qualified, individually or in the aggregate, has not had and would not reasonably be expected to have a Material Adverse Effect. True and complete copies of the Company Charter Documents (as amended to the date hereof) are included in the Filed SEC Documents.

assistant: Organizations
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 obligation to pay the any Transaction Fee Award is solely that of the Company, provided that the Company may assign its obligations to any entity that succeeds to the Company’s business. You may not assign your right to receive any Transaction Fee Award.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that it requires them to infer the facts supporting the conclusion. But they ignore the detailed factual summary set forth in Dr. Rushing’s report. Dr. Rushing clearly details the doctors’ alleged omissions — failure to see James on a timely, regular basis — as well as the behavior which James ultimately engaged in and his ultimate diagnosis. Dr. Rushing thus clearly opines that if the doctors had seen James in the office, they would have observed the behavioral manifestations Dr. Rushing described. Moreover, as the Clinic can act only through its employees or agents, the Nicholsons’ allegations against the Clinic are likewise supported by sufficient factual detail and are therefore not eonclusory. See Benavides v. Garcia, 278 S.W.3d 794, 799 (Tex.App.-San Antonio 2009, pet. denied) (<HOLDING>). Dr. Davisson and the Clinic contend that even Options: A. holding that causation section of expert medical report was not eonclusory when read in context of entire report B. holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation C. holding no jurisdiction when trial court granted extension even though appellants argued expert report was so woefully deficient on necessary elements so as to constitute no report and report was missing experts curriculum vitae D. holding that medical center was not required to be named in expert report addressing its residents conduct because plaintiffs alleged no directliability claims against it and noting that medical center was implicated in report and so waived all its objections when it failed to object to sufficiency of report within twentyone days after service E. holding no jurisdiction where appellant argued report was no report because it failed to mention appellant in any substantive way but trial court found report was merely deficient on element of causation as to appellant and granted extension

assistant: The best answer is A. holding that causation section of expert medical report was not eonclusory when read in context of entire report
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to defend , indemnify and hold headspace and its directors , officers , members , investors , managers , employees and agents harmless from any and all claims , liabilities , costs and expenses , including reasonable attorneys ' fees , arising in any way from your use of the products , your placement or transmission of any message , content , information , software , or other submissions through the products , or your breach or violation of the law or of these terms .

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: By your acceptance of the RSUs, you consent to the electronic delivery of this RSU Agreement, the Plan, account statements, Plan Prospectuses, and of reports and proxy statements filed by the Company with the Securities and Exchange Commission, and all other documents that the Company is required to deliver to its security holders (including annual reports) or other communications or information relating to the RSUs, this Agreement or the Plan. Electronic delivery may include the delivery of a link to a Company intranet or to the internet site of a third party involved in administering the Plan, the delivery of the documents via e-mail or such other delivery methods as the Company may determine in its discretion. The Company retains the right, however, to deliver paper copies of such documents in lieu of or in addition to the electronic delivery thereof to you. You acknowledge your understanding that you may receive from the Company a paper copy of any documents that may have been or may otherwise be delivered to you electronically, at no cost, by making such request on the Company by telephone, through a postal service or by electronic mail at ________@ff.-inc.com . Also, you acknowledge your understanding that you are not required to consent to electronic delivery of documents or other information, as outlined above, and that you may withhold, or at any time hereafter revoke or change your consent to electronic delivery, including any change in the electronic mail address to which documents are delivered to you (if you have provided an electronic mail address), by notifying the Company thereof by telephone, postal service or by electronic mail at ________@ff.-inc.com .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company understands and confirms that the Investor will rely on the foregoing representations in effecting transactions in securities of the Company. No statement made by the Company in this Agreement or any other Transaction Document contains any untrue statement of a material fact or omits to state a material fact necessary in order to make the statements contained herein or therein not misleading.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As between the Parties, Licensee shall have sole responsibility for, and shall bear the cost of conducting, research and Development with respect to the Licensed Compounds and/or Licensed Products. Licensee shall research and Develop the Licensed Compounds and/or Licensed Products in compliance with all applicable Laws, including all legal and regulatory requirements pertaining to the design and conduct of clinical studies.

assistant: Costs
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: (2d Cir.1993). However, in Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 168, 113 S.Ct. 1160, 122 L.Ed.2d 517 (1993), the Supreme Court “held that a federal court may not apply a ‘heightened pleading standard’ in civil rights cases alleging municipal liability under section 1983.” Rheingold v. Harrison Town Police Dept., 568 F.Supp.2d 384, 394 (S.D.N.Y.2008) (citing Leatherman, 507 U.S. at 168, 113 S.Ct. 1160). Following Iqbal and Twombly, Monell claims must satisfy the plausibility standard: It is questionable whether the boilerplate Monell claim often included in many § 1983 cases, including this one, was ever sufficient to state a claim upon which relief could be granted. See Smith v. City of New York, 290 F.Supp.2d 317, 322 (E.D.N.Y.2003) (<HOLDING>). In light of Ashcroft v. Iqbal, 556 U.S. 662, Options: A. holding that making a nonfrivolous allegation is insufficient to survive a motion to dismiss for lack of jurisdiction B. holding that the bare assertion that a dismissal without prejudice was favorable to the plaintiff was insufficient to survive a motion to dismiss C. holding that a claim must be facially plausible in order to survive a motion to dismiss D. holding that a mere allegation of fraud is insufficient to survive a motion to dismiss pursuant to the pslra E. holding that a conclusory boilerplate assertion of a municipal policy or custom was insufficient to survive motion to dismiss

assistant: The best answer is E. holding that a conclusory boilerplate assertion of a municipal policy or custom was insufficient to survive motion to dismiss
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: citation omitted). Addressing the Florida sentencing guidelines, the Court noted that the amendment at issue disadvantaged the petitioner; it then commented that “[cjonsidering the revised guidelines law as a whole” did not change the result because the State was unable “to identify any feature of the revised guidelines law that could be considered ameliorative.” Miller, 482 U.S. at 431-32,107 S.Ct. at 2451-52 (emphasis added); see also Dobbert v. Florida, 432 U.S. 282, 294, 97 S.Ct. 2290, 2298-99, 53 L.Ed.2d 344 (1977) (noting that, in evaluating an ex post facto claim, the Court “must compare the two statutory procedures in toto to determine if the new may be fairly characterized as more onerous”); cf. Weaver v. Graham, 450 U.S. 24, 34-36, 101 S.Ct. 960, 967-68, 67 L.Ed.2d 17 (1981) (<HOLDING>). The decisions therefore make clear that Options: A. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them B. holding that collection notice was potentially misleading because least sophisticated consumer could conclude that total amount stated as due was due at any time when in fact it was increasing C. holding that statutory provision that reduced retroactively amount of good time reduction to prisoners sentences was not saved by potentially ameliorative provisions enacted at the same time because their application was purely discretionary D. holding that statutory good time credits must be calculated under the law in effect at the time of resentencing after an appeal of the sentence is determined E. holding that the relevant time is the time of the employment decision

assistant: The best answer is C. holding that statutory provision that reduced retroactively amount of good time reduction to prisoners sentences was not saved by potentially ameliorative provisions enacted at the same time because their application was purely discretionary
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: but whether that would be the presumably meaningful review the Congress prescribed. Note also that a panoply of constitutional and statutory protections ensures that a person imprisoned after a probable cause hearing will receive a speedy trial and be convicted or released, thereby mitigating the impact of an erroneous finding of probable cause predicated upon limited and possibly one-sided evidence. In contrast, the determination of a CSRT is only a determination of the detainee’s status as an enemy combatant. Thereafter, it may be that nothing prevents the Government from holding an enemy combatant “for the duration of the relevant conflict.” Hamdi v. Rumsfeld, 542 U.S. 507, 518-21, 124 S.Ct. 2633, 159 L.Ed.2d 578 (2004) ; see Boumediene v. Bush, 476 F.3d 981, 988-94 (D.C.Cir.2007) (<HOLDING>), cert. granted, — U.S.-, 127 S.Ct. 3078, 168 Options: A. holding that a writ of habeas corpus cannot be used to review the weight of evidence B. holding alien detained as enemy combatant at guantanamo bay has no constitutional right to writ of habeas corpus C. holding that managing conservator while in texas to seek return of child by writ of habeas corpus may not be served with civil process and is subject to jurisdiction of court in which habeas corpus is pending and only for purpose of prosecuting writ of habeas corpus D. holding that a writ of habeas corpus cannot be used to review the weight of evidence E. holding that statutory habeas jurisdiction extended to guantanamo

assistant: The best answer is B. holding alien detained as enemy combatant at guantanamo bay has no constitutional right to writ of habeas corpus
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: Notices authorized or required to be sent pursuant to this Agreement shall be in writing and sent by personal delivery or postage prepaid, by Certified or Registered Mail, return receipt requested, directed to the other party at its address as may be designated by notice from time to time. Notices to the Company shall be addressed to the attention of the Chief Executive Officer. Notice shall be deemed given on the date the envelope in which such notice is enclosed, as provided above, is deposited for mailing in a mailbox or post office. Executive agrees to provide at least two (2) month prior written notice of Executive’s resignation.

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: To request the issuance of a Letter of Credit (or the amendment, renewal (other than an automatic extension in accordance with paragraph (c) of this Section) or extension of an outstanding Letter of Credit), the Company shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the applicable Issuing Bank) to the applicable Issuing Bank and the Administrative Agent (three Business Days in advance of the requested date of issuance, amendment or extension or such shorter period as the Administrative Agent and the applicable Issuing Bank in their sole discretion may agree) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended, and specifying the date of issuance, amendment or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (c) of this Section), the amount and currency of such Letter of Credit, the name and address of the beneficiary thereof, whether such Letter of Credit constitutes a Standby Letter of Credit or a Trade Letter of Credit, and such other information as shall be necessary to issue, amend or extend such Letter of Credit. If requested by the applicable Issuing Bank, the Company also shall submit a letter of credit application on such Issuing Bank’s standard form in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended or extended only if (and upon issuance, amendment or extension of each Letter of Credit the Company shall be deemed to represent and warrant that), after giving effect to such issuance, amendment or extension (i) the Revolving L/C Exposure shall not exceed the Letter of Credit Sublimit, (ii) the applicable Revolving Facility Credit Exposure shall not exceed the applicable Revolving Facility Commitments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You will be eligible to participate in the various benefit plans offered by the Company from time to time, including health, insurance, retirement, vacation/PTO and other benefits, in each case, subject to the terms and conditions set forth in the applicable benefit plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same Agreement. Delivery by e-mail (.pdf format) of an executed signature page of this Agreement shall be effective as delivery of an executed counterpart hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: controls to ensure that they are accounted for in accordance with GAAP. SAC ¶ 126 (citing SEC Staff Accounting Bulletin No. 101: Revenue Recognition in Financial Statements, 17 C.F.R. Part 211, at 4 (Dec. 3, 1999)). Indeed, among its concessions regarding material misstatements and weaknesses in internal controls, Orthofix’s Restatement noted “extra-contractual terms or arrangements at the onset of sale,” and that such terms “were not evaluated, or not evaluated correctly” in the company’s files. SAC ¶¶ 110, 113. The plaintiff has alleged sufficient facts that raise a strong inference that Vaters and McCollum were aware of the revenue recognition problems that gave rise to the Restatement. See Varghese v. China Shenghuo Pharm. Holdings, Inc., 672 F.Supp.2d 596, 608 (S.D.N.Y.2009) (<HOLDING>). 3. The plaintiff alleges that it has raised a Options: A. holding that scienter requirement was met where gaap violations led to restatement and individual defendants were aware of weak internal controls B. holding that failure to follow gaap without more is insufficient to establish scienter C. holding that significant gaap violations described with particularity may provide powerful indirect evidence of scienter D. holding that 20 of individual defendants holdings raised an inference of scienter E. holding that a failure to maintain sufficient internal controls to avoid fraud is indicative of scienter

assistant: The best answer is A. holding that scienter requirement was met where gaap violations led to restatement and individual defendants were aware of weak internal controls