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 case excerpt and choose the best holding from the options. Case excerpt: because federal law requires federal approval of Indian wills, 25 U.S.C. § 373, and gives BIA probate judges the authority to approve settlement agreements resolving contested Indian probate proceedings, 43 C.F.R. § 30.150. However, this conclusion cannot be squared with controlling precedent. The Supreme Court has expressly declined to recognize any “inherent power” on the part of a federal court to enforce a settlement agreement simply because the agreement resolved a federal proceeding. See Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 377-378, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). Rather, enforcement of such a settlement agreement “requires its own basis for jurisdiction.” Id. at 378, 114 S.Ct. 1673; see also Peabody Coal Co. v. Navajo Nation, 373 F.3d 945, 949 (9th Cir.2004) (<HOLDING>); id. at 951 (“[Wjhere the validity of a Options: A. holding that the general federal regulatory scheme governing indian mineral leases did not establish federal jurisdiction to enforce an arbitration agreement made under such a lease when the plaintiffs claim sounded only in general contract law B. holding in action involving single claim that if claim sounded only in admiralty there would be no right to a jury trial but if federal question was present as a separate and independent basis for federal jurisdiction then the jury demand must be honored C. holding that reasonableness analysis applies in general jurisdiction case under federal circuit law D. holding that the court lacked jurisdiction to enforce arbitration settlement agreement about lease royalty rates E. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added

assistant: The best answer is A. holding that the general federal regulatory scheme governing indian mineral leases did not establish federal jurisdiction to enforce an arbitration agreement made under such a lease when the plaintiffs claim sounded only in general contract law
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: Cal. Civ.Code § 2924c(e). 9 .Debtors’ original chapter 13 plan proposed paying 0% to the unsecured creditors (not including Advanta and Household). The Debtors then amended their plan to provide 100% to the general unsecured creditors (not including Advanta and Household). After the Court’s ruling at the hearing on the issue presented herein, the Debtors amended their plan to provide 8% to the general unsecured creditors, including Advanta and Household. 10 . Kathleen P. March and Jennifer Hilde-brandt, Lien Stripping: When You Can and When You Can't — The Law Now and What the Future May Hold, 24 Cal. Bankr.J. 317 (1998). 11 . See supra, footnote 5. 12 . Id. 13 . Id. 14 . 11 U.S.C. §§ 524(a)(1), (2). See also, Cennamo v. United States (In re Cennamo), 147 B.R. 540 (Bankr.C.D.Cal.1992) (<HOLDING>); accord In re Isom, 901 F.2d 744 (9th Options: A. holding that the debtors belated filing was not a reasonable effort to satisfy the requirements of the tax law relying significantly on the debtors delinquency in failing to file his tax returns until after the irs assessment thus defeating the main purpose of the selfreporting requirement of our tax system B. holding that operates as a charge of debtors in personam tax liability not debtors in rem tax liability C. holding that discharged debtor is protected only from in personam liability not in rem liability on lien given as security for mortgage loan D. recognizing certificates of assessment as adequate evidence of tax liability E. holding that a binding settlement on a tax liability must follow the requirements of the tax code which include the execution of a closing agreement

assistant: The best answer is B. holding that operates as a charge of debtors in personam tax liability not debtors in rem tax liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including , but not limited to , the warranty disclaimers and liability limitations set forth above , then the invalid or unenforceable provision will be deemed superseded by a valid , enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the agreement shall continue in effect .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: records were lost or destroyed, or that the defendant has changed his position in anticipation that the opposing party has waived his claims. Fulton, supra at 131 (internal citations omitted). “In the absence of prejudice to the one asserting laches, the doctrine will not be applied.” Brodt v. Brown, 404 Pa. 391, 394, 172 A.2d 152, 154 (1961). In other words, “prejudice to the defendant must be shown as a prerequisite to the application of laches.” Miller v. Hawkins, 416 Pa. 180, 190, 205 A.2d 429, 434 (1964) (citing id.). Importantly, a single co-executor or co-administrator generally has authority to act unilaterally on behalf of an estate only if the act falls within the ordinary course of administering the estate. See Fesmyer v. Shannon, 143 Pa. 201, 208, 22 A. 898, 899 (1891) (<HOLDING>); Holmes v. Lankenau Hosp., 426 Pa.Super. 452, Options: A. holding that a legal malpractice claim arising from errors by an attorney in rendering estateplanning services is properly brought by the personal representative of the estate when excess estate taxes are paid by the estate in contravention of the decedents intended estate plan B. holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate C. holding directors and officers liability policy was not property of the estate because it did not increase or decrease the worth of the bankruptcy estate D. holding that for estate tax purposes property is to be valued as it exists in the hands of the estate E. holding estate was not bound by single coexecutors confession of judgment for claims regarding decedent debts even though acts done by one coexecutor which relate to the testators goods such as sale delivery possession are considered as equivalent to the acts of all as they possess a joint authority

assistant: The best answer is B. holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate
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 shall remain obligated hereunder notwithstanding that, without any reservation of rights against any Guarantor and without notice to or further assent by any Guarantor, any demand for payment of any of the Obligations made by the Purchasers may be rescinded by the Purchasers and any of the Obligations continued, and the Obligations, or the liability of any other Person upon or for any part thereof, or any collateral security or guarantee therefor or right of offset with respect thereto, may, from time to time, in whole or in part, be renewed, extended, amended, modified, accelerated, compromised, waived, surrendered or released by the Purchasers, and the Purchase Agreement and the other Transaction Documents and any other documents executed and delivered in connection therewith may be amended, modified, supplemented or terminated, in whole or in part (subject to Section 5.4 of the Purchase Agreement and to the amendment terms of each Transaction Document), as the Purchasers may deem advisable from time to time, and any collateral security, guarantee or right of offset at any time held by the Purchasers for the payment of the Obligations may be sold, exchanged, waived, surrendered or released. The Purchasers shall have no obligation to protect, secure, perfect or insure any Lien at any time held by them as security for the Obligations or for the guarantee contained in this Section 2 or any property subject thereto.

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 case excerpt and choose the best holding from the options. Case excerpt: omitted); see also 18 U.S.C. § 3582(c)(2). The district court, therefore, properly denied Beasley’s motion to reduce his sentence pursuant to 18 U.S.C. § 3582. For this same reason, the district court also properly denied Beasley’s petition for a writ of audita querela. See Carrington v. United States, 503 F.3d 888, 890 n. 2 (9th Cir.2007). AFFIRMED. ** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. 1 . Because Beasley was not entitled to resen-tencing, the district court was not required to apply Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), to Beasley's sentence. See Wesson, 583 F.3d at 730; see also United States v. Sanchez-Cervantes, 282 F.3d 664, 673 (9th Cir.2002), as amended Options: A. holding that apprendi does not apply retroactively to claims raised in a 2255 motion B. holding that apprendi does not apply retroactively in florida postconviction proceedings to cases that were final on direct review at the time of the apprendi decision C. holding that apprendi does not retroactively apply to 2241 petitions D. holding the apprendi rule does not apply retroactively in the context of a 2241 petition E. holding that apprendi does not apply retroactively

assistant: The best answer is E. holding that apprendi does not apply retroactively
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 representations and warranties contained herein shall survive the execution and delivery of this Agreement and the execution and delivery of the Loan Documents. All indemnity and reimbursement obligations provided in this Agreement shall survive the discharge, satisfaction or assignment of this Agreement and the payment in full of all of the Obligations unless expressly released or waived by the Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Borrower and Guarantors (a) acknowledges that on the date hereof all outstanding Obligations are payable in accordance with their terms, and (b) waives any defense, offset, counterclaim or recoupment with respect thereto. Borrower, Guarantors, Administrative Agent , L/C Issuer and each Lender do hereby adopt, ratify and confirm the Credit Agreement, as previously amended in writing and as amended hereby, and acknowledge and agree that the Credit Agreement is and remains in full force and effect. Each of Borrower and Guarantors acknowledges and agrees that its liabilities and obligations under the Credit Agreement and under the other Loan Documents are not impaired in any respect by this Amendment. Any breach of any representations, warranties and covenants under this Amendment shall be Default or an Event of Default, as applicable, under the Credit 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: THE TERM LOAN 1 NOTE, THE TERM LOAN 2 NOTE, AND THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEBRASKA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.

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 legal provision and list the applicable contract clause categories. Provision: The Company and each of the Investors each acknowledge and agree that money damages would not be a sufficient remedy for any breach (or threatened breach) of this Agreement by it and that, in the event of any breach or threatened breach hereof, (a) the non-breaching Party shall be entitled to seek injunctive and other equitable relief, without proof of actual damages; (b) the breaching Party shall not plead in defense thereto that there would be an adequate remedy at law; and (c) the breaching Party agrees to waive any applicable right or requirement that a bond be posted by the non-breaching party. Such remedies shall not be the exclusive remedies for a breach of this Agreement, but shall be in addition to all other remedies available at law or in equity.

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: N.W.2d 393 (1960) (concluding that a circuit court has the right to reduce excessive damage awards), and therefore the legislature, at will, can limit the amount of noneconomic damages they may recover. We disagree with Dr. Richards and the Fund that the Martins never had a right, vested or otherwise, to a particular measure of damages. The Martins, at the time of the injury, had a substantive right to unlimited damages given to them by statute. In 1985 when the Martins' rights accrued, chapter 655, Stats., (to which the Martins were presumed to be bound, see sec. 655.005) implicitly provided the Martins with that right. Wisconsin law provides that the amount of recovery, when set by a statute is fixed on the date of injury, see State ex rel. Briggs & Stratton, 100 Wis. 2d at 655-56 (<HOLDING>); Bradley v. Knutson, 62 Wis. 2d at 436-37 Options: A. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure B. holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages C. holding that the fixed measure of damages may not be retroactively amended simply for the purpose of offsetting the late adoption of a law D. recognizing that a workers compensation insurer is responsible for covering any injury caused by the treatment of an industrial injury E. holding that the right to recover a particular measure of damages in a workers compensation case is fixed as of the date of injury

assistant: The best answer is E. holding that the right to recover a particular measure of damages in a workers compensation case is fixed as of the date of injury
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: `` nintendo account service '' refers to an aggregate of all games , applications , software , services , portals , data , websites and other content , whether commercial or non-commercial content , of nintendo or third-party partners of nintendo , that is available to users with a registered nintendo account when they access games , applications , software , portals , messages , information , data and other content identified as nintendo account service content on any device connected to the internet .

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: Tenant shall have the right from time to time during the Term to make Alterations in or to the Improvements, subject in all cases to the further provisions of this Section 8 and to all other applicable provisions of this Lease [[* , including, but not limited to Section 23, which shall govern the replacement of any UST. *]] All Alterations shall be made and completed in a good and workmanlike manner, in accordance with all Legal Requirements and Insurance Requirements, and at Tenant’s cost and expense. Before any Alterations are begun, Tenant shall procure, at its expense, all necessary licenses, permits, approvals and authorizations from all Governmental Authorities and shall, on demand, deliver photocopies thereof to Landlord. Upon Tenant’s request, Landlord shall join in the application for such licenses, permits, approvals and authorizations whenever such action is necessary, at no cost to Landlord. Notwithstanding anything to the contrary contained herein, Tenant shall not be permitted to install any underground storage tank during the Term without Landlord’s prior written consent, which Landlord may grant or withhold in its sole and absolute discretion, and any above ground storage tanks installed during the Term shall include secondary containment sufficient to prevent spills, overfills or tank ruptures from causing a Hazardous Materials release.

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

user: Upon the Company’s request, you shall promptly deliver to the Company or destroy all written Evaluation Materials and any other written materials without retaining, in whole or in part, any copies, extracts or other reproductions (whatever the form or storage medium) of such materials, and shall certify the destruction of such materials in writing to the Company.

assistant: No
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: Breezy-Print’s source code before the litigation. When BreezyPrint did produce its source code in discovery, it was under a three-tiered protective order. (Docket Entry No. 31). PrinterOn did not have access to the source code later produced in discovery when it did its presuit investigation. BreezyPrint argues that Printer-On’s failure to download its publicly available app and to try to reverse engineer that software before filing this lawsuit proves inadequate prefiling investigation. There are cases holding that sanctions may be appropriate if a plaintiff or its counsel does not download publicly available information, such as software, necessary to compare products suspected of infringing with the patent claims. See, e.g., Judin v. United States, 110 F.3d 780, 784 (Fed.Cir.1997) (<HOLDING>); Smart Options, LLC v. Jump Rope, Inc., No. 12 Options: A. holding that the trial court abused its discretion in denying a sanctions motion when the record showed that neither the plaintiff nor his counsel had obtained or attempted to obtain a sample of the accused device so that its actual design and functioning could be compared with the claims of the patent B. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint C. holding that where the record showed neither that the trial court explained to the defendant his right to a jury trial nor an effective waiver of the right structural error occurred D. holding that bia abused its discretion in denying motion to reopen E. holding that trial court abused its discretion by denying a motion for rule 11 sanctions without adequate explanation

assistant: The best answer is A. holding that the trial court abused its discretion in denying a sanctions motion when the record showed that neither the plaintiff nor his counsel had obtained or attempted to obtain a sample of the accused device so that its actual design and functioning could be compared with the claims of the patent
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 Sixth Amendment may be executed in multiple counterparts, each of which shall constitute an original, with the same effect as if the signatures thereto were upon the same instrument. If any signature to this Sixth Amendment is delivered by facsimile transmission or by e-mail delivery of a portable document format (.pdf or similar format) data file, then such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf’ signature page were an original thereof. This Sixth Amendment shall become effective when both Sublandlord and Subtenant have received a counterpart hereof signed by the other.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except where verbal notice is specifically authorized in this Agreement, all notices hereunder shall be in writing and shall be deemed effectively given or served for all purposes when presented personally, upon receipt if sent by first class mail or over-night express, or on the date of transmission if sent by telegram, telex, or telecopy to any party hereto at the address set forth on the signature page hereof, or at such other address as any party shall subsequently designate by notice.

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: 2100, 60 L.Ed.2d 668 (1979). To the extent that he argues that state officials withdrew from him a state-created liberty interest in conditional release, Evans forgets that the Delaware Supreme Court explained, in Evans II, that Delaware law does not vest in offend ers sentenced to life any interest in conditional release. 872 A.2d at 557-58. We have no warrant to question the holding of Evans II, a decision that rests squarely on state law. 28 U.S.C. § 2254(a); Swarthout, 131 S.Ct. at 861; Wilson v. Corcoran, - U.S.-, 131 S.Ct. 13, 16, 178 L.Ed.2d 276 (2010) (per curiam). Nor did Evans I I's construction of § 4348 deprive Evans of earned merit or good behavior credits. Cf. Superintendent, Mass. Corr. Inst. at Walpole v. Hill, 472 U.S. 445, 455, 105 S.Ct. 2768, 86 L.Ed.2d 356 (1985) (<HOLDING>). He has already benefitted from those credits, Options: A. holding that due process requires some evidence to support official revocation of good time credits B. 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 C. holding that due process requires that the findings and actions of a disciplinary prison board be supported by some evidence in the record D. holding that due process requires a hearing appropriate to the nature of the case E. holding that depriving inmates of statecreated right to goodtime credits in prison disciplinary proceedings requires due process

assistant: The best answer is A. holding that due process requires some evidence to support official revocation of good time credits
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 purposes of this Agreement, “ Confidential Information ” includes, but is not limited to, all information of the Company, and its parent, subsidiaries and affiliates, not generally known to the public, in spoken, printed, electronic or any other form or medium, relating directly or indirectly to: clinical trials, clinical data, preclinical data, product development, manufacturing, intellectual property, business processes, methods, policies, plans, publications, documents, research, operations, services, techniques, transactions, know-how, trade secrets, computer programs, databases, records, Medical information, marketing information, pricing information, design information, developments, market studies, sales information, revenue, costs, formulae, algorithms, product plans, designs, models, client information, client lists, of the Company or its businesses or any existing or prospective customer, supplier, investor or other associated third party, or of any other person or entity that has entrusted information to the Company in confidence. The Executive understands that the above list is not exhaustive, and that Confidential Information also includes other information that is marked or otherwise identified as confidential or proprietary, or that would otherwise appear to a reasonable person to be confidential or proprietary in the context and circumstances in which the information is known or used. The Executive understands and agrees that Confidential Information includes information developed by the Executive during the Term. Confidential Information shall not include information that is generally available to and known by the public at the time of disclosure to the Executive; provided that, such disclosure is through no direct or indirect fault of the Executive or person(s) acting on the Executive’s behalf.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between and among DAPs and Cal-Maine pertaining to the settlement of the Litigation against Cal-Maine only. This Agreement supersedes the Binding Agreement as to Material Terms dated December 29, 2017, and any other prior and contemporaneous undertakings of DAPs and Cal-Maine in connection therewith. In entering into this Agreement, DAPs and Cal-Maine have not relied upon any representations, warranties, promises, inducements, or understandings, oral or otherwise, made by DAPs or Cal-Maine not contained in this Agreement.

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 of Parent and Merger Sub has all requisite corporate power and authority and has taken all corporate action necessary in order to execute, deliver and perform its obligations under this Agreement and to consummate the Merger, subject to, in the case of the consummation of the Merger and the other transactions contemplated hereby (i) the approval of this Agreement and the transactions contemplated hereby by the holders of a majority of all the votes entitled to be cast thereon by holders of shares of Series A Preferred Stock, and (ii) the approval of the issuance of shares of Series C Common Stock in connection with the Merger as contemplated by this Agreement by the affirmative vote of the holders of outstanding Parent Common Stock and Series A Preferred Stock representing a majority of the votes cast with respect to such approval (collectively, the “ Parent Requisite Vote ”). This Agreement has been duly executed and delivered by Parent and Merger Sub and constitutes a valid and binding agreement of Parent and Merger Sub, enforceable against Parent and Merger Sub in accordance with its terms, subject to the Bankruptcy and Equity Exception. As of the date of this Agreement, the board of directors of Parent has unanimously by those voting (i) (A) determined that the terms of this Agreement, the Merger and the other transactions contemplated hereby are fair to, and in the best interests of, Parent and its stockholders, (B) approved and declared advisable this Agreement and the transactions contemplated hereby and (C) subject to Section 6.3, resolved to recommend that Parent stockholders vote in favor of the issuance of shares of Series C Common Stock in connection with the Merger (the “ Parent Recommendation ”) and directed that such matter be submitted for consideration of the stockholders of Parent at the Parent Stockholders Meeting.

assistant: Approvals
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: Every notice or other communication relating to this Agreement between the Company and the Participant shall be in writing, and shall be mailed to or delivered to the party for whom it is intended at such address as may from time to time be designated by it in a notice mailed or delivered to the other party as herein provided; provided that, unless and until some other address be so designated, all notices or communications by the Participant to the Company shall be mailed or delivered to the Company at its principal executive office, to the attention of the Company Secretary, and all notices or communications by the Company to the Participant may be given to the Participant personally or may be mailed to the Participant at the Participant’s last known address, as reflected in the Company’s records. Notwithstanding the above, all notices and communications between the Participant and any third-party plan administrator shall be mailed, delivered, transmitted or sent in accordance with the procedures established by such third-party plan administrator and communicated to the Participant from time to time.

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: tail wagging the dog. Certainly contracting parties such as the parties in this case, who entered an agreement to refer “all claims, disputes, and matters arising out of or relating to this Agreement” to an arbitrator, intended this definition to include issues of contractual validity. However, if the court were to accept the Plaintiffs proposed application of the law, then any party who disputed the validity of the contract and was opposed to arbitration could file 22 (11th Cir.2007) (“Thus, even a party’s claim that a usurious finance charge renders the contract as a whole void ab initio is for the arbitrator, not the court, to decide, and is no defense to a motion to compel arbitration.”); Lucey v. FedEx Ground Package Sys., Inc., 2007 WL 3052997 at *4 n. 6 (D.N.J. Oct. 18, 2007) (<HOLDING>). In the present case, Plaintiff has not Options: A. holding that an arbitration clause was not unconscionable because it did not unreasonably favor the defendants B. holding that because respondents challenged a contract broadly without challenging the arbitration clause specifically challenge must be considered by an arbitrator C. holding an entire arbitration clause is void and arbitration cannot be compelled where contract contained unconscionable clause and has a nonseverability clause D. recognizing exception to general rule that disputes arising under contract with valid arbitration clause are referred to arbitrator E. holding that where a contract containing an arbitration clause is challenged as unconscionable those disputes should first be resolved by an arbitrator

assistant: The best answer is E. holding that where a contract containing an arbitration clause is challenged as unconscionable those disputes should first be resolved by an arbitrator
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: Should any provision of this Agreement be finally determined to contravene any applicable law or governmental regulation, thereupon such provision shall be automatically terminated and performance thereof by both Parties waived, or should such provision be reasonably considered by either Party to be an essential element of this Agreement, the Parties hereto shall negotiate a new provision. If the Parties are unable to agree in writing upon the terms of such new provision within [*] ([*]) days of the contravening provision's termination, then the entire Agreement will terminate automatically thereupon.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: under section 5904(d). See Cox v. West and Scates, both supra. Third, the Court, on its own motion or the motion of either party, may review a fee agreement that a person who represents an appellant before the Court is required to file with the Court at the time that the appeal is filed. See 38 U.S.C. § 7263(c); Fritz v. West, 13 Vet.App. 190, 192 (1999); Carpenter (Angeline) v. West, 12 Vet.App. 52, 53 (1998), appeal dismissed sub nom. Carpenter (Angeline) v. Gober, 228 F.3d 1379 (Fed.Cir.2000); Shaw v. Gober, 10 Vet.App. 498, 502 (1997); U.S. VET. APP. R. 46(d)(2)(B). The language of 38 U.S.C. § 7263(c) presupposes that any review under this section will be limited to fee agreements in appeals that are currently pending before the Court. See Wick Fee Agreement, 40 F.3d at 371 (<HOLDING>); In the Matter of the Fee Agreement of Bates, Options: A. holding that an appeal is perfected when the appeal bond is filed B. holding that intermediate appellate courts have jurisdiction to address merits of appeal when amended notice of appeal is filed before briefs are filed C. holding that a notice of appeal is timely when filed before final judgment is entered by the district court D. holding that this court has jurisdiction when the appellant has filed a docketing statement indicating an intent to appeal a particular order within the time for filing an appeal E. holding that section 7263 authorizes this court to review fee agreements when appeal is properly before this court and when fee agreement has been filed with court at time appeal is filed

assistant: The best answer is E. holding that section 7263 authorizes this court to review fee agreements when appeal is properly before this court and when fee agreement has been filed with court at time appeal is filed
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: Schedule G (as at the date hereof and as it may be required to be updated from time to time by the Borrower in accordance with this Agreement) lists the names, jurisdictions of incorporation, continuance, amalgamation or formation of and the details of ownership of the outstanding Equity Securities and Equity Securities Equivalents of each Obligor and their respective Subsidiaries, in each case existing on the date hereof. Schedule H (as at the date hereof and as it may be required to be updated from time to time by the Borrower in accordance with this Agreement) lists the jurisdiction of organization of each Obligor, the jurisdiction in which the chief executive office of each Obligor is located and each jurisdiction in which each Obligor holds any material tangible Property.

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 case excerpt and choose the best holding from the options. Case excerpt: that induced the execution of the contract. Thus Capital City argues that the district court misinterpreted D.C. law when it instructed the jury (and affirmed in its post-trial order) that the breach of an implicit term of a contract could be tortious. We review the district court’s legal instructions de novo. See Joy v. Bell Helicopter Textron) Inc., 999 F.2d 549, 556 (D.C.Cir.1993). It is true that no reported D.C. case has held that a mere intent not to perform a contractual duty can give rise to a cause of action sounding in tort. Nevertheless, such a holding is not precluded by any of the cases that have recognized that a misrepresentation of one’s intent to perform a collateral commitment might be tortious. See, e.g., Howard v. Riggs Nat’l Bank, 432 A.2d 701, 706-07 (D.C.1981) (<HOLDING>); see also Shear v. National Rifle Ass’n, 606 Options: A. holding that defendant had not committed tort because its agents collateral comment had been made in good faith B. holding that the trial court committed no error in sustaining objection to plaintiffs testimony that the water had been there for some time because the plaintiff had no personal knowledge of how long the puddle had been there C. holding that a bad faith claim is a tort D. holding that a sale must be both fair and reasonable in price and made in good faith E. holding that the defendant did not establish good faith as a matter of law

assistant: The best answer is A. holding that defendant had not committed tort because its agents collateral comment had been made in good faith
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 will indemnify and hold us ( including our affiliates and subsidiaries , as well as our and their respective officers , directors , employees , agents ) harmless from any claim or demand , including reasonable legal fees , made by any third party due to or arising out of your breach of this agreement , your improper use of ebay 's services or your breach of any law or the rights of a third party .

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 Company hereby agrees to employ Executive as Senior Vice President and Chief Financial Officer of the Company, on the terms set forth herein, for the period commencing as soon as possible following the date of this Agreement and ending pursuant to Section 5 hereof. Executive is an at-will employee of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: land flipping schemes with M.I. and a t rotect what is asserted to be the res of a trust during the pendency of litigation. Gruder v. Gruder, 433 So.2d 23, 24 (Fla. 4th DCA 1983) (affirming injunction where trustee feared removal of trust’s liquid assets). If the enjoined money remained specifically identifiable in the member-agent’s attorney’s trust account, then the injunction may have been proper. However, because the member-agent transferred the money to M.I.’s bank accounts, commingling the funds, we find the instant injunction improper. Furthermore, the Fund expressly sought damages in its complaint against M.I. for unjust enrichment. Thus, money damages will suffice to compensate any loss incurred by the Fund. See Weinstein v. Aisenberg, 758 So.2d 705, 706 (Fla. 4th DCA 2000) (<HOLDING>). Regardless of the Fund’s allegation that M.I. Options: A. holding that liquidated damages provision did not provide adequate remedy at law or prevent injunctive relief B. holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed C. recognizing that action for quantum meruit relief exists to avoid unjust enrichment D. holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law E. holding that there is no cause of action in california for unjust enrichment

assistant: The best answer is D. holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law
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 Borrower has taken any action that would give rise to any claim by any individual or entity for brokerage commissions, finder’s fees or similar payments relating to this Agreement and the transactions contemplated hereby other than as set forth on the attached Schedule 3(j) or as set forth in the Disbursement Instructions. No Borrower, and no other individual or entity, has conducted any “general solicitation,” as described in Rule 502(c) under Regulation D, with respect to the Note.

assistant: Brokers
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: the defendant “knows or should know to be peculiarly likely to commit intentional or reckless misconduct.” Restatement (First) of Torts § 302, cmt. n (1930); see also Fleming v. Bronfin, 80 A.2d 915, 917 (D.C.1951). Under these circumstances, a defendant “is required to anticipate and provide against all of these misconducts” regardless of whether the “third person’s misconduct is or is not criminal at common law or under a statute.” Restatement (First) of Torts § 302, cmt. n. Moreover, a defendant “is subject to liability only for such harm as is within the risk ... caused by the quality of the employee which the employer had reason to suppose would be likely to cause harm.” Restatement (Second) of Agency § 213 (1958); see also Argonne House Co. v. Garrison, 42 F.2d 605 (D.C.Cir.1930) (<HOLDING>). To prevail on a theory of negligent hiring, Options: A. holding that the employee must at least provide his employer with enough information for the employer to be put on notice that the fmla is a consideration B. holding that an employers knowledge that an employee was diabetic did not equate to notice that the employees diabetes was so limiting as to be disabling and to require special accommodations C. holding that employers knowledge of employees criminal conviction for intoxication did not put employer on notice that employee might be a thief D. holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury E. holding that employers knowledge of employees injury followed by the employers failure to provide the necessary medical services sufficient to impose liability upon the employer for medical services selected by the employee

assistant: The best answer is C. holding that employers knowledge of employees criminal conviction for intoxication did not put employer on notice that employee might be a thief
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: Pioneer Inv. Serv. Co. v. Brunswick Assocs. P’ship, 507 U.S. 380, 393-4, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993). The “reasonable time” requirement has been applied considerably more flexibly— when it has been applied at all — in institutional reform cases. See, e.g., Sweeton, 27 F.3d at 1164. There is good reason for this. Private parties can be expected to move in a timely fashion to modify or vacate orders whenever a change in circumstance arises. Municipal entities, such as the Tennessee Bureau of Investigation, however, do not have perfect institutional memory, and where a consent decree has gone unenforced for many years, the individuals who administer those entities may not have any knowledge of its existence. See Shakman v. City of Chicago, 426 F.3d 925, 933-34 (7th Cir.2005) (<HOLDING>). Moreover, consent decrees, unlike other Options: A. holding that appellate court should overturn a district courts denial of a motion to amend a complaint only if the district court has abused its discretion B. holding that the district court had abused its discretion in failing to consider the public nature of the litigation in finding that the citys motion to amend did not meet rule 60bs timing requirement C. holding that the district court abused its discretion in denying leave to amend after a delay of eight months D. holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend E. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint

assistant: The best answer is B. holding that the district court had abused its discretion in failing to consider the public nature of the litigation in finding that the citys motion to amend did not meet rule 60bs timing requirement