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: The parties hereto recognize that irreparable injury will result from a breach of any provision of this Agreement and that money damages will be inadequate to fully remedy the injury. Accordingly, in the event of a breach or threatened breach of one or more of the provisions of this Agreement, any party which may be injured (in addition to any other remedies which may be available to that party) shall be entitled (without the need to post any bond, surety, or other security) to one or more preliminary or permanent orders (a) restraining and enjoining any act which would constitute a breach or (b) compelling the performance of any obligation which, if not performed, would constitute a breach. Each party hereto further agrees that, in the event of any action for an injunction or other equitable remedy in respect of such breach or enforcement of specific performance, it will not assert the defense that a remedy at law would be adequate.

assistant: Specific Performance
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 review his application. The district court denied the motion to dismiss. It held that § 925(c) “remain[s] in effect,” and that the ATF’s refusal to entertain the plaintiffs application constituted a “de facto denial” within the meaning of § 925(c). McHugh, 49 F.Supp.2d at 111. The district court referred the case to a magistrate judge “to develop a record and make a recommendation regarding the relief sought.” Id. Pursuant to the defendants’ request, the district court certified its decision for immediate interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and on October 5, 1999, this Court granted leave to appeal. DISCUSSION I. Standard of Review This appeal turns solely on questions of law which we review de novo. See Makarova v. United States, 201 F.3d 110, 113 (2d Cir.2000) (<HOLDING>); Connell v. Signoracci, 153 F.3d 74, 80 (2d Options: A. holding that legal issues presented by rule 12b1 motion are reviewed de novo B. holding that issues concerning the sufficiency of an indictment are reviewed de novo C. holding that confrontation clause claims are reviewed de novo D. holding that rule 12b6 disposition is reviewed de novo E. holding that a legal conclusion on a motion to suppress is reviewed de novo

assistant: The best answer is A. holding that legal issues presented by rule 12b1 motion are reviewed de novo
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: Neither the Servicer nor Owens Corning nor any of their respective Subsidiaries: (i) is, or is owned or controlled by, a Sanctioned Person; or (ii) is located, incorporated, organized, or resident in a Sanctioned Country. No proceeds from any Purchase will be used, directly or indirectly, to lend, contribute, provide, or have otherwise been or will be made available to fund, any activity or business with any Sanctioned Person or Sanctioned Country, or in any other manner that will result in any violation or breach by Owens Corning or any of its Subsidiaries of Sanctions Laws. Owens Corning and its Subsidiaries have implemented and maintain in effect policies and procedures reasonably designed to ensure compliance by Owens Corning, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Money Laundering Laws and Sanctions Laws, and Owens Corning, its Subsidiaries and their respective officers and employees and to the knowledge of the Servicer, its directors and agents, are in compliance with Anti-Corruption Laws and Sanctions Laws in all material respects.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: over this case upon removal to that court. See Stewart Title Co. v. Street, 731 S.W.2d 737, 739 (Tex.App.-Fort Worth 1987, no writ); Henke Gmin Co. v. Keenan, 658 S.W.2d 343, 346 (Tex.App.-Corpus Christi 1983, no writ). However, once the bankruptcy court ordered the case remanded and mailed a certified copy of the remand order to the state district court, that court was revested with jurisdiction over this case. See Dallas Bank & Trust Co. v. Frigiking, Inc., 692 S.W.2d 163, 165 (Tex.App.-Dallas 1985, writ ref'd n.r.e.) (finding the termination of the bankruptcy court’s jurisdiction was complete when it mailed a certified copy of the remand order to the district clerk of Dallas County); see also Quaestor Inv., Inc. v. State of Chiapas, 997 S.W.2d 226, 227 (Tex.1999) (per curiam) (<HOLDING>). Academy alternatively contends that this case Options: A. holding that mere entry of a remand order divests a federal court of jurisdiction even where no certified copy of the order was mailed to a state court B. holding that the mailing of a certified copy of a remand order to a state court divests federal jurisdiction C. recognizing that pleadings filed in federal court while the federal court has jurisdiction become part of the state court record on remand D. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court E. holding that the state court is revested with jurisdiction when a federal district court executes the remand order and mails a certified copy of the order to the state court

assistant: The best answer is E. holding that the state court is revested with jurisdiction when a federal district court executes the remand order and mails a certified copy of the order to the state court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The RSUs shall become vested in accordance with the schedule set forth on the Award Notice. The Company shall deliver to the Participant one share of Common Stock for each RSU (as adjusted under the Plan) which becomes vested in a given calendar year, pursuant to Section 13, below, and such vested RSU shall be cancelled upon such delivery.

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: Each Party acknowledges and agrees that (i) a breach or threatened breach by such party of any of its obligations under this Termination Agreement would give rise to irreparable harm to the other party for which monetary damages would not be an adequate remedy and (ii) in the event of a breach or a threatened breach by such Party of any such obligations, the other Party will, in addition to any and all other rights and remedies that may be available to such party at law, in equity or otherwise in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance and any other relief that may be available from a court of competent jurisdiction, without any requirement to post a bond or other security, and without any requirement to prove actual damages or that monetary damages will not afford an adequate remedy. Each Party agrees that it shall not oppose or otherwise challenge the appropriateness of equitable relief or the entry by a court of competent jurisdiction of an order granting equitable relief, in either case, consistent with the terms of this Section 6(g).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of reasonableness, as measured by prevailing professional norms. Chandler v. United States, 218 F.3d 1305, 1313 (11th Cir.2000) (en banc). We need not “address both components of the inquiry if [Capshaw] makes an insufficient s y in these Sprint Nextel records. Regardless of any subjective expectation (about which we have no evidence), it was unreasonable for Capshaw to assume that information about his cell phone calls could not be made available to the government by the third-party telephone company. See id. at 744, 99 S.Ct. at 2582. (“When he used his phone, petitioner voluntarily conveyed numerical information to the telephone company and ‘exposed’ that information to its equipment in the ordinary course of business.”); see also Rehberg v. Paulk, 611 F.3d 828, 843 (11th Cir.2010) (<HOLDING>). At Capshaw’s trial, the cell phone records Options: A. holding that a customer has no reasonable expectation of privacy in dialed telephone numbers which were conveyed to the telephone company B. holding that telephone users have no expectation of privacy in dialed telephone numbers because they voluntarily expose such information to the service provider C. recognizing record supported determination that defendant lacked expectation of privacy in house D. holding that defendants lacked a reasonable expectation of privacy in common area of residential building E. holding that defendant lacked reasonable expectation of privacy in phone and fax numbers dialed

assistant: The best answer is E. holding that defendant lacked reasonable expectation of privacy in phone and fax numbers dialed
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: Maintain, and cause each Subsidiary to maintain, insurance with reputable insurance companies against such risks, of such types (including general liability, larceny, embezzlement or other criminal misappropriation insurance), on such properties and in such amounts as is customarily maintained by similar businesses similarly situated; and file and cause each Subsidiary to file with the Administrative Agent upon its request or the request of any Lender a detailed list of the insurance companies, the amounts and rates of the insurance, the dates of the expiration thereof and the properties and risks covered thereby.

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 case excerpt and choose the best holding from the options. Case excerpt: sentence in such an unexpected manner as to give rise to protection by the Due Process Clause of its own force, nonetheless imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” Id. at 484, 115 S.Ct. 2293 (internal citations omitted). In Wilkinson v. Austin, 545 U.S. 209, 222, 125 S.Ct. 2384, 162 L.Ed.2d 174 (2005), the Supreme Court recognized that Sandin abrogated Hewitt’s “methodology of parsing the language of particular regulations.” Thus, “[a]fter Sandin, it is clear that the touchstone of the inqu ) (observing that prisoners have no constitutional right to visitation privileges and that restrictions of those privileges do not implicate any due process concerns); Martin v. Scott, 156 F.3d 578, 579-580 & n. 1 (5th Cir.1998) (<HOLDING>). Further, the requirements that a prisoner’s Options: A. holding that loss of visitation and commissary privileges inter alia did not deprive the prisoner of a constitutionally cognizable liberty interest B. holding that grandparent has no protected liberty interest in the visitation of a child of whom she once had custody C. holding inter alia that common law claims were preempted D. holding claim is not cognizable E. holding that a prisoners loss of privileges for thirty days was not a property right that would constitute a violation of his constitutionally protected liberty interest

assistant: The best answer is A. holding that loss of visitation and commissary privileges inter alia did not deprive the prisoner of a constitutionally cognizable liberty interest
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: with the great weight of authority, with the rule of the Restatement of the Law of Contracts, and with the views of eminent text-writers.” Id. (citations omitted). Juxtaposed to this authority, we have a competing concern — the ability of parties to fully and finally resolve disputes between them. Parties should be able to bargain for and execute a release barring all further dispute. This principle necessarily contemplates that parties may disclaim rebanee on representations. And such a disclaimer, where the parties’ intent is clear and specific, should be effective to negate a fraudulent inducement claim. As an example, a disclaimer of reliance may conclusively negate the element of reliance, which is essential to a fraudulent inducement claim. See Prudential, 896 S.W.2d at 161-62 (<HOLDING>); Estes v. Hartford Accident & Indem. Co., 46 Options: A. holding that agreement to buy property as is in which buyer included voluntary freely negotiated affirmation that he was depending on his own assessment of the building precluded claim for damages when building was found to contain asbestos B. holding that while the complaint need not contain detailed factual allegations it must contain more than a formulaic recitation of the elements of a claim and must state a claim that is plausible on its face C. holding that to be adequate a complaint must contain a statement of facts on which a claim is based showing that the pleader is entitled to relief D. holding that lay testimony as to the presence of asbestos in the workplace which was based upon personal knowledge of employees was properly admitted E. holding that pennsylvanias full judicial review of a denied building permit is adequate process

assistant: The best answer is A. holding that agreement to buy property as is in which buyer included voluntary freely negotiated affirmation that he was depending on his own assessment of the building precluded claim for damages when building was found to contain asbestos
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 promise and agree that you are using the content for your own personal , non-commercial , entertainment use and that you will not redistribute or transfer the spotify service or the content .

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

user: As a condition to the Confidential Information being furnished to the Receiving Party and the directors, officers, principals, partners, members, employees, agents, consultants, related investment funds, advisors, attorneys, accountants, affiliates, potential sources of capital and financing, and financial advisors (collectively, “Representatives”) of the Receiving Party, the Receiving Party agrees to treat the Confidential Information strictly in accordance with the provisions of this Agreement and to otherwise comply, and to cause its Representatives to comply, with all obligations hereinafter set forth. (a) The Receiving Party shall, and shall cause its Representatives to, use the Confidential Information solely for the purpose of evaluating a possible Transaction. The Receiving Party shall, and shall cause its Representatives to, keep the Confidential Information in confidence and shall not disclose any of the Confidential Information in any manner whatsoever; provided, however, that (iii) any information contained in the Confidential Information may be disclosed to the Receiving Party’s Representatives who reasonably require access to such information for the purpose of evaluating a possible Transaction and who agree to keep such information in confidence to the same extent as described herein; provided, further, that the Receiving Party shall not make any disclosure of any Confidential Information to any potential sources of equity financing without the Company’s prior written consent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This BAA constitutes the entire agreement between the parties with regard to HIPAA and its Privacy Standards and Security Standards. There are no understandings or agreements relating to this BAA that are not fully expressed in this BAA and no change, waiver or discharge of obligations arising under this BAA will be valid unless in writing and executed by the party against whom such change, waiver or discharge is sought to be enforced.

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: Each Credit Party owns, or has the legal right to use, all patents, trademarks, service marks, tradenames, copyrights, licenses, technology, know-how, processes and other rights (the “ Intellectual Property ”), free from burdensome restrictions, that are necessary for the operation of their respective businesses as presently conducted and as proposed to be conducted other than those the absence of which could not reasonably be expected to cause a Material Adverse Effect. Except as could not be reasonably expected to have a Material Adverse Effect, (a) no holding, decision or judgment has been rendered by any Governmental Authority which would limit, cancel or question the validity of any Intellectual Property and (b) no action or proceeding is pending that seeks to limit, cancel or question the validity of any Intellectual Property or which, if adversely determined, could reasonably be expected to have a material adverse effect on the value of any Intellectual Property.

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: The parties to each assignment shall execute and deliver to the Agent an Assignment and Assumption, together with a processing and recordation fee of $3,500, provided , that , the Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it shall not be a Lender, shall deliver to the Agent an Administrative Questionnaire.

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: property of the estate shall not vest in the debtor(s) until a discharge is granted under chapter 13 or [their] case[s] [are] dismissed out of Court.’ Consequently, confirmation of the [debtors’] chapter 13 plans vested the property of the estate in the trustee, and the property remains so vested until the case is dismissed or a discharge is granted. Id. at 333. See also In re Hoffmeister, 191 B.R. 875, 878 (D.Kan.1996), aff'd, 98 F.3d 1349 (10th Cir.1996) (concluding that insurance proceeds paid for 'hail damage to debtors’ automobile were within the chapter 13 estate where the confirmation order provided that estate property did not revest in the debt- or until the bankruptcy court approves the trustee’s final report and account), In re Minor, 177 B.R. 576, 580 (Bankr.E.D.Tenn.1995) (<HOLDING>).” 221 B.R. at 16-17. Thus, § 1327(b) provides Options: A. holding that workers compensation awards remained property of the estate despite confirmation of the debtors plans where the confirmation orders specifically provided that property of the estate did not vest in the debtor until the completion of the plan B. holding confirmation vested property in the debtor and therefore properly of the estate was not liable for postconfirmation taxes incurred by debtor C. holding that confirmation vests in the debtor property of the estate not dedicated to the plan D. holding that the debtor could retain exempt property because it was not property of the estate E. holding that the clear language of section 1306 establishes that confirmation of a chapter 13 plan is not relevant to determining whether property is or is not property of the estate

assistant: The best answer is A. holding that workers compensation awards remained property of the estate despite confirmation of the debtors plans where the confirmation orders specifically provided that property of the estate did not vest in the debtor until the completion of the plan
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 notice of the change in Defendant’s dividend policy. Defendant claims once Plaintiff had “information sufficient to alert a reasonable person to the possibility of wrongdoing,” it had a “duty to inquire into the matter with due diligence.” Med. Mut. of Ohio v. K. Amalia Enters. Inc., 548 F.3d 383, 391 (6th Cir.2008). At an absolute minimum, upon receipt of the Dividend Letter, Plaintiff should have asked what Defendant meant by the “class of business to which this contract belongs.” Plaintiff argues in the alternative that every year that Defendant exercises its discretion as a fiduciary to apply an incorrect dividend policy, it commits a new, distinct breach of its ERISA obligations. See Bona v. Barasch, No. 01 Civ. 2289(MBM), 2003 WL 1395932, *16-19 (S.D.N.Y. Mar. 20, 2003) (<HOLDING>); Buccino v. Cont’l Assurance Co., 578 F.Supp. Options: A. holding that retirement benefits are accrued benefits under erisa B. holding that erisa preempts an article 1802 emotional distress claim that relates to an erisa plan C. holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under 502e of erisa over a suit brought by such a plan D. holding that an erisa violation accrued each time faulty investment contracts were renewed because erisa fiduciaries had a continuing duty to review plan investments E. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan

assistant: The best answer is D. holding that an erisa violation accrued each time faulty investment contracts were renewed because erisa fiduciaries had a continuing duty to review plan investments
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: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $3,000,000 of shares of Preferred Stock with an aggregate Stated Value for each Purchaser equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and Warrants as determined by pursuant to Section 2.2(a). The aggregate number of shares of Preferred Stock sold hereunder shall be up to 3,000. Each Purchaser shall deliver to the Escrow Agent, via wire transfer or a certified check, immediately available funds equal to its Subscription Amount, and the Company shall deliver to each Purchaser its respective shares of Preferred Stock and Warrants, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of EGS or such other location as the parties shall mutually agree. The Company covenants that, if the Purchaser delivers a Notice of Conversion (as defined in the Certificate of Determination) to convert any shares of Preferred Stock between the date hereof and the Closing Date, the Company shall deliver such Conversion Shares, in lieu of such number of shares of Preferred Stock being converted, to the Purchaser on the Closing Date in accordance with such Notice of Conversion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No ERISA Event has occurred or is reasonably expected to occur that, when taken together with all other such ERISA Events for which liability is reasonably expected to occur, could reasonably be expected to result in a Material Adverse Effect. The present value of all accumulated benefit obligations under each Plan (based on the assumptions stated in the Plan did not, as of the date of the most recent financial statements reflecting such amounts, exceed the fair market value of the assets of such Plan.

assistant: Erisa
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: For good and valuable consideration including, but not limited to, the Acquisition and the Capital Raise, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby assigns, sells and transfers to Assignee all of Assignor’s right, title and interest in and to the Assigned IP, the Intellectual Property and the Intellectual Property Rights, together with all goodwill related thereto and all rights to fully exploit, and to enforce all infringement claims in respect of any of, such Intellectual Property (the “ Assignment ”).

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: During the Term, the Company shall pay to the Executive a base salary of $425,000 annually, which shall be subject to review and, at the option of the Compensation Committee of Directors of the Company (the “Committee”), subject to increase (such salary, as the same may be increased from time to time as aforesaid, being referred to herein as the “Base Salary”). The Base Salary shall be reviewed on an annual basis for increases in accordance with the review process for senior level executives of the Company. The Base Salary shall be payable in accordance with the Company’s normal payroll practices.

assistant: Base Salary
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 a life sentence on the armed burglary of a dwelling conviction and a concurrent sentence of fifteen years’ imprisonment on the attempted armed home-invasion robbery conviction. The defendant argues that the trial court violated the prohibition against double jeopardy by entering a conviction and sentence on both the armed burglary of a dwelling conviction and the attempted armed home-invasion robbery conviction because both convictions arose out of the same incident. Schulterbmndt v. State, 984 So.2d 542 (Fla. 2d DCA 2008), and Olivera v. State, 92 So.3d 924 (Fla. 4th DCA), review denied, Olivera v. State, 104 So.3d 1086 (Fla.2012), support the defendant’s double jeopardy claim, and the State commendably concedes error. See also Jules v. State, 113 So.3d 949 (Fla. 5th DCA 2013) (<HOLDING>); Mendez v. State, 798 So.2d 749 (Fla. 5th DCA Options: A. holding that the double jeopardy clause was not violated by two convictions arising from the same criminal episode because the crimes of attempted burglary and possession of burglary tools each had an element the other did not and were thus separate crimes B. holding convictions for burglary of a dwelling with assault or battery and home invasion robbery violated double jeopardy and section 7750214b because burglary of a dwelling was subsumed by the home invasion robbery offense C. holding that where a burglary conviction is elevated to a class a felony based on the same bodily injury that forms the basis of a class b robbery conviction the two cannot stand D. holding that defendants conviction for six counts of armed robbery based on his simultaneous robbery of six individuals at a restaurant should be counted as a single conviction E. holding that the defendants homeinvasion robbery conviction violated double jeopardy because it arose from the same incident as the defendants burglary with an assault or battery conviction

assistant: The best answer is E. holding that the defendants homeinvasion robbery conviction violated double jeopardy because it arose from the same incident as the defendants burglary with an assault or battery conviction
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 all the obligations of the Escrow Agent under this Agreement shall terminate upon the earliest to occur of the release of the entire Escrow Fund by the Escrow Agent in accordance with this Agreement or the deposit of the Escrow Fund by the Escrow Agent in accordance with Section 7(d) hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any attempt by you or any other player on an account traceable to you to damage world of warcraft or undermine the legitimate operation of world of warcraft is a violation of criminal and civil laws and , should such an attempt be made or assistance for such an attack be provided , blizzard entertainment reserves the right to seek damages from any such user to the fullest extent permitted by 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: All notices, requests and other communications provided for herein (including without limitation any modifications of, or waivers, requests or consents under, this Guaranty) shall be given or made in writing (including without limitation by email or telecopy) and delivered to the intended recipient at the “Address for Notices” specified on the signature page hereto; or, as to any party, at such other address as shall be designated by such party in a written notice to each other party. All such communications shall be deemed to have been received on the date delivered to or received at the premises of the addressee.

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 case excerpt and choose the best holding from the options. Case excerpt: presence, to question the prosecution witnesses, and to require any favorable witnesses to testify for the defense). On review in Antrim, we declined to apply the harmless-error standard, holding that the waiver requirements of rule 26.01 are to be strictly construed. Id. at 70-71. Other decisions of this court have also declined to apply a harmless-error analysis to certain types of error. See Halseth, 653 N.W.2d at 786 (classifying the rights set forth in rule 26.01, subd. 3, as fundamental rights that must be personally and explicitly. waived); State v. Ehmke, 752 N.W.2d 117, 123 (Minn.App.2008) (“[W]hen the record fails to establish a valid waiver of the rights specified in rule 26.01, subd. 3, ... a new trial is necessary.”); State v. Knoll, 739 N.W.2d 919, 922 (Minn.App.2007) (<HOLDING>). We have applied the harmless-error analysis Options: A. holding that a defendant who agrees to a lothenbach trial under rule 2601 subdivision 4 must expressly waive the fundamental rights listed in subdivision 3 and failure to do so requires reversal B. holding that a volunteer fire department which was a nonprofit corporation was an agency of a political subdivision for the purposes of the flsa C. recognizing that a board of elections is not a political subdivision and its members are not county officers D. holding that the university was not a political subdivision of the state because it had no power to tax or cause taxes to be levied E. holding that where a defendant abandoned a vehicle in a subdivision near where the victims body was found there was sufficient evidence of intent to permanently deprive the owner of the vehicle

assistant: The best answer is A. holding that a defendant who agrees to a lothenbach trial under rule 2601 subdivision 4 must expressly waive the fundamental rights listed in subdivision 3 and failure to do so requires reversal
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 and each Subsidiary thereof is in compliance with each Governmental Approval applicable to it and in compliance with all other Applicable Laws and all orders and decrees of all courts and arbitrators relating to it or any of its respective properties except where such failure is being contested in good faith by appropriate proceedings diligently conducted or as could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are using software pre-loaded on , embedded in , combined , distributed or used with or downloaded onto third party products , hardware , software applications , programs or devices ( `` third-party technology '' ) , you agree and acknowledge that : ( a ) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such third-party technology ; ( b ) some products and/or functionality may not be accessible through the third-party technology and ( c ) skype can not guarantee that the software shall always be available on or in connection with such third-party technology .

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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 376 U.S. 339 84 S.Ct. 795 11 L.Ed.2d 766 Fred L. SHUTTLESWORTH, petitioner,v.CITY OF BIRMINGHAM. No. 168.—. Supreme Court of the United States October Term, 1963. March 9, 1964 Jack Greenberg, New York City, for petitioner. John M. Breckenridge, Birmingham, Ala., for respondent. Jack Greenberg (James M. Nabrit III, Peter A. Hall and Orzell Billingsley, Jr., on the brief), for petitioner. J. M. Breckenridge, for respondent. On Writ of Certiorari to the Court of Appeals of Alabama. PER CURIAM. 1 The judgment of the Court of Appeals of Alabama is reversed. Cole v. Arkansas, 333 U.S. 196, 68 S.Ct. 514, 92 L.Ed. 644; Williams v. Georgia, 349 U.S. 375, 75 S.Ct. 814, 99 L.Ed. 1161. 2 Mr. Justice WHITE took no part in the consideration or decision of this case.

assistant: 2
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) THIS GUARANTY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF, WITHOUT REGARD TO CHOICE OF LAW RULES, TO THE EXTENT THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION WOULD BE REQUIRED THEREBY.

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: notice in § 1913. In contrast, 25 U.S.C. § 1912, applicable to involuntary termination of parental rights, expressly requires notice to “the parent of Indian custodian and the Indian child’s tribe.” The plain reading of section 1913 requires no notice to the tribe for a voluntary relinquishment of custody. A reading with other statutory sections does not reveal inconsistencies. No ambiguity exists. The ICWA assigns exclusive jurisdiction over an Indian child who resides or is domiciled within the reservation to the tribe. It provides concurrent jurisdiction to both the tribe and state over any Indian child who does not meet the exclusive jurisdiction requirements. See 25 U.S.C. § 1911. For all involuntary State proceedings, notice is required to the parent or Indian custodian and 1996) (<HOLDING>). Pursuant to 25 U.S.C. § 1913, no tribal Options: A. holding that when evidence did not prove dependency of child as alleged in complaint but revealed pure custody dispute juvenile court was without jurisdiction to determine custody of child B. recognizing the collateral order doctrine for the first time C. recognizing the draft amendments would for the first time entitle tribes to receive notice when a voluntary child custody proceedings is underway D. recognizing that a parents liberty interest in the custody of a child is subject to due process protection E. recognizing that a district court has the authority to award attorney fees in postdivorce proceedings involving child custody

assistant: The best answer is C. recognizing the draft amendments would for the first time entitle tribes to receive notice when a voluntary child custody proceedings is underway
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: its own First Amendment rights were infringed, id. at 955, 104 S.Ct. 2839, the Court concluded that the company had overbreadth standing to pursue the claim. The Court reasoned that, as a result of the statute, charities were reluctant to contract with the plaintiff because it charged fees in excess of 25% and that the plaintiffs impetus to challenge the statute was therefore consonant with the charities’ First Amendment interests. Id. at 958, 104 S.Ct. 2839 (“The activity sought to be protected is at the heart of the business relationship between Munson and its clients, and Munson’s interests in challenging the statute are completely consistent with the First Amendment interests of the charities it represents.”); see also Clark v. City of Lakewood, 259 F.3d 996, 1010-11 (9th Cir.2001) (<HOLDING>). Here, Mothershed alleges that the Options: A. holding that the current property owner may not assert a public nuisance claim against the former owner B. holding that the owner of an adult entertainment establishment had overbreadth standing to pursue a first amendment challenge against provisions of an ordinance that required the employees of such establishments to obtain a license because the licensing scheme although not directly applicable to the owner threatened his businesss viability C. recognizing a cause of action by the owner of contaminated property against a previous owner who allegedly caused the contamination D. holding the fact that an exempt owner who acquired legal title after date when liability for current taxes had accrued was the equitable owner did not make the exemption applicable E. holding that where both vessels had the same owner it was not an abuse of discretion to give 75 of the salvage award to the owner

assistant: The best answer is B. holding that the owner of an adult entertainment establishment had overbreadth standing to pursue a first amendment challenge against provisions of an ordinance that required the employees of such establishments to obtain a license because the licensing scheme although not directly applicable to the owner threatened his businesss viability
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: employment action complained of’). Consequently, it is difficult to gauge the full significance of Reeves’s remark. See Bennett v. Solis, 729 F.Supp.2d 54, 68-69 (D.D.C.2010) (emphasizing the importance of the context in which allegedly discriminatory remarks were made to their probative value in establishing pretext). Ultimately, the Court must conclude that a reasonable juror could find that Hyson’s non-promotion was based to some extent on her gender. Although, as described above, the facts that Hyson was interviewed while Celin was not and that Hyson had a higher score than Celin on the online test do not give rise to an inference of discrimination by themselves, they might do so in combination with Reeves’s remark. Cf. Pederson v. Mills, 636 F.Supp.2d 78, 84-85 (D.D.C.2009) (<HOLDING>). Such a determination would likely come down Options: A. recognizing that the plaintiffs mere assertions that the defendant had a discriminatory intent were inadequate without substantial factual evidence to raise an issue to preclude summary judgment B. holding that repeated remarks about need to bring in new blood or young blood by one of the decisionmakers were not stray remarks and may permit inference of discrimination C. holding that discriminatory remarks made nearly a year before the challenged employment decision could not support an inference of discrimination D. holding that biased remarks by decisionmakers in combination with evidence of a minor qualification gap in favor of the plaintiff were sufficient to support an overall inference of discriminatory preference and preclude summary judgment for the defendant E. holding that remarks made by decisionmakers could be viewed as reflecting discriminatory animus

assistant: The best answer is D. holding that biased remarks by decisionmakers in combination with evidence of a minor qualification gap in favor of the plaintiff were sufficient to support an overall inference of discriminatory preference and preclude summary judgment for the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in the SEC Documents, except for transactions since October 1, 2017 consistent with the Company’s past practices, and except for arm’s length transactions pursuant to which the Company or any of its Subsidiaries makes payments in the ordinary course of business upon terms no less favorable than the Company or any of its Subsidiaries could obtain from third parties and other than the grant of stock options described in the SEC Documents, none of the officers, directors, or employees of the Company is presently a party to any transaction with the Company or any of its Subsidiaries (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any corporation, partnership, trust or other entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee or partner.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the Loan Documents and the other contracts, agreements and instruments described herein contain all of the terms and conditions related to the disbursement of the Loan by Lender and the use of the Loan by Borrower. This Agreement may not be modified or amended except in writing signed by Borrower and Lender.

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: There are no actions, suits, proceedings or investigations pending or, to the knowledge of the Company after reasonable investigation, threatened by or against the Company or affecting the Company or its properties, at Law or in equity, before any court or other governmental agency or instrumentality, domestic or foreign, or before any arbitrator of any kind except as disclosed in the Company Schedules. The Company has no knowledge of any default on its part with respect to any judgment, order, writ, injunction, decree, award, rule or regulation of any court, arbitrator, or governmental agency or instrumentality or any circumstance which after reasonable investigation would result in the discovery of such default.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) As of the Closing Date, after giving effect to the consummation of the Transactions and (ii) after giving effect to any extension of credit hereunder, the Borrower and its Consolidated Subsidiaries, on a consolidated basis, are Solvent. No Obligor is planning to take any action described in Section 12.1(h) .

assistant: Solvency