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 Participant shall make appropriate arrangements with the Company for satisfaction of any federal, state or local income tax withholding requirements, Social Security and other· employee tax or other requirements applicable to the granting, crediting, vesting or payment of benefits under the Plan; There shall be deducted from each payment made under the Plan or any other Compensation payable to the Participant (or Beneficiary) all taxes that are required to be withheld by the Company in respect to such payment or this Plan. To the extent permissible under Code Section 409A, the Company shall have the right to reduce any payment (or other Compensation) by the amount of cash sufficient to provide the amount of said taxes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (9) as including “actual or simulated -” (A) sexual intercourse, including sexual contact in the manner of genital-genital, oral-genital, anal-genital, or oral-anal contact ...; sexual contact means the intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify sexual desire of any person; ... 18 U.S.C. § 3509(a)(9). 30 . Petitioner asserts that In re Rodriguez-Rodriguez has been overruled by In re Crammond, 23 I. & N. Dec. 9 (BIA 2001). The BIA's decision in Crammond, however, was subsequently vacated, In re Crammond, 23 I. & N. Dec. 179 (BIA 2001)(en banc), and then overruled by IN RE SMALL, 23 I. & N. Dec. 448 (BIA 2002)(en banc)(<HOLDING>). 31 . In Rodriguez-Rodriguez, .22 I. & N. Dec. Options: A. holding that taking indecent liberties with a child under 16 for sexual gratification constitutes sexual abuse of a minor even without physical contact B. recognizing that estradaespinoza and medinavilla set out two different generic federal definitions of sexual abuse of a minor and looking to both definitions to determine whether conviction under calpenal code 2615d qualifies as generic federal crime of sexual abuse of a minor under categorical approach C. holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse and such a mens rea demonstrate the offense was one relating to sexual abuse D. holding that the new york misdemeanor offense of sexual abuse of a minor constitutes an aggravated felony under ina 101a43asexual abuse of a minor E. recognizing the two distinct generic definitions of sexual abuse of a minor and holding that a statute contains the element of abuse under the medinavilla definition if it applies to sexual conduct with children younger than fourteen years

assistant: The best answer is D. holding that the new york misdemeanor offense of sexual abuse of a minor constitutes an aggravated felony under ina 101a43asexual abuse of a minor
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 proceeds of the Term Loans shall be used by Borrower to refinance all the loans outstanding under the Existing Term Credit Agreement, to fund fees and expenses payable hereunder and for general corporate purposes of Borrower not in contravention of any law, including to provide for ongoing working capital requirements. The proceeds of any Incremental Term Loans shall be used by Borrower for the purposes specified in the applicable Incremental Facility Amendment.

assistant: Use Of Proceeds
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: an issue. (D.I. 257 at 10 (quoting Skretvedt, 372 F.3d at 203)) But to characterize the Department’s appellate briefs as merely making passing reference to the tort issue misses the point. As already explained, given the dependence of the tort claim on the contract claim, and given the parties’ and this Court’s understanding of that dependence, the briefing addressing the Employees’ contractual rights was addressed to the tort claim just as much as it was addressed to the contract claim. That Cir.1990) (finding waiver of “new theory” appellant articulated for first time on appeal and had not previously referenced at any point in the “voluminous record of proceedings before the district court” or in earlier appeal); Cowgill v. Raymark Indus., Inc., 832 F.2d 798, 803-04 (3d Cir.1987) (<HOLDING>); Wisniewski v. Johns-Manville Corp., 812 F.2d Options: A. holding that alternate theory of relief cannot be litigated on remand if it was not raised in prior appeal B. holding that a litigant has standing to challenge the constitutionality of a statute if the law is unconstitutional as applied to that particular litigant C. holding that the defendant may not state one ground at trial and another on appeal D. holding that a litigant must support an argument with legal authority E. holding litigant may not pursue on appeal a new theory fundamentally at odds with her prior position

assistant: The best answer is E. holding litigant may not pursue on appeal a new theory fundamentally at odds with her prior position
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 Guaranty is binding upon Guarantor and its successors and assigns, and is binding upon and shall inure to the benefit of Landlord, its successors and assigns. No assignment or delegation by Guarantor shall release the Guarantor of its obligations under this Guaranty. This Guaranty shall bind the successors, assigns and legal representatives of Guarantor. The term “ Tenant ” used in this Guaranty includes also the first and any successive assignee or sublessee of Tenant.

assistant: Binding Effects
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 jury with explicit details of the contents of the video that the jury could use to assess the film's appeal to children's prurient interests, its offensiveness to community standards about what is appropriate for children and its lack of other value for 12- to 14-year-olds. The jury was able to make its own decision as to the credibility of the witnesses. Poellinger, 153 Wis. 2d at 506. ¶ 24. The United States Supreme Court, federal courts, and Wisconsin courts are uniform in concluding that questions of whether material appeals to prurient interests, satisfies community standards for potentially obscene material or has literary, artistic, political, scientific or educational value may be appropriately decided by a jury. See Paris Adult Theatre I v. Slaton, 413 U.S. 49, 56 (1973) (<HOLDING>); see also United States v. Wild, 422 F.2d 34 Options: A. holding in an obscenity case it was not error to fail to require expert affirmative evidence that the materials were obscene B. holding that disclosure of grand jury materials to parole commission was harmless error C. recognizing that the need for the expert was so great that the decision to preclude the expert effectively amounted to dismissal of case D. holding that expert testimony is unnecessary where the case is not a case in which lay jurors would be unable to grasp the issues without expert assistance E. holding that using the opinions of an expert that were not testified to during trial which were irrelevant and solely used to destroy the credibility of the expert was not admissible

assistant: The best answer is A. holding in an obscenity case it was not error to fail to require expert affirmative evidence that the materials were obscene
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a de novo review. See, e.g., Deming v. Nationwide Mutual Ins. Co., 279 Conn. 745, 775, 905 A.2d 623 (2006); Alswanger v. Smego, 257 Conn. 58, 66-67, 776 A.2d 444 (2001); Barrett v. Danbury Hospital, 232 Conn. 242, 263-65, 654 A.2d 748 (1995); Gurliacci v. Mayer, 218 Conn. 531, 546-49, 590 A.2d 914 (1991); Sharp v. Mitchell, 209 Conn. 59, 72, 546 A.2d 846 (1988). An abuse of discretion standard would be consistent with the general rule that “[t]he trial court has wide discretion in granting or denying amendments before, during, or after trial.” (Internal quotation marks omitted.) Leone v. Knighton, 196 Conn. 494, 496, 493 A.2d 887 (1985); Antonofsky v. Goldberg, 144 Conn. 594, 597-98, 136 A.2d 338 (1957); see also Bielaska v. Waterford, 196 Conn. 151, 154, 491 A.2d 1071 (1985) (<HOLDING>). On the other hand, a de novo standard would Options: A. holding that a trial courts decision to permit or to refuse amendments to pleading to conform to the evidence during trial will ordinarily not be disturbed on appeal in absence of abuse of discretion B. holding that denial of leave to amend was appropriate because the plaintiff sought to amend his complaint two years after filing his complaint on the eve of trial when discovery was complete C. holding that a declaratory judgment entitles a plaintiff to actual attorney fees and costs under mcl 152714 despite the fact that the trial court found it unnecessary to grant an injunction given defendants decision to amend the notice provision after plaintiffs filed the present suit D. recognizing that a trial judge has a unique vantage point that entitles his decision to great weight on appeal when considering whether to permit plaintiffs to amend complaint to conform with proof at trial in light of nature of amendments and fair notice to defendant E. holding that the trial court properly added a party defendant to conform to the evidence presented at the trial

assistant: The best answer is D. recognizing that a trial judge has a unique vantage point that entitles his decision to great weight on appeal when considering whether to permit plaintiffs to amend complaint to conform with proof at trial in light of nature of amendments and fair notice to 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: The term of this Agreement will begin on the Effective Date and will end on the three-year anniversary of such date (the “ Term ”). After such initial three-year period, the Term will renew for renewal periods of one year each unless either party gives the other written notice of intent not to renew at least sixty (60) days prior to such date. The parties hereto agree that, upon the expiration of the Term, the Executive’s employment with the Company will terminate and the Executive will not be entitled to any further compensation, except as otherwise expressly provided in this Agreement. The Company will be under no obligation whatsoever to renew or continue the employment of the Executive beyond the Term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto at or prior to 5:30 p.m. (Arizona time) on a Business Day; (b) the next Business Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto on a day that is not a Business Day or later than 5:30 p.m. (Arizona time) on a Business Day; (c) the second (2 nd ) Business Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service; (d) the fourth (4 th ) Business Day following the date of mailing if sent by U.S. Mail, or (e) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For all purposes of this Agreement (except as otherwise expressly provided in this Agreement with respect to notice periods), all communications, including without limitation, notices, consents, requests or approvals, required or permitted to be given hereunder will be in writing, and will be deemed to have been duly given when hand delivered or dispatched by electronic facsimile transmission (with receipt thereof orally confirmed), or ten business days after having been mailed by United States registered or certified mail , return receipt requested, postage prepaid, or five business days after having been sent by a nationally recognized overnight courier service such as Federal Express or UPS, addressed to the Company (for the GENBAND Parties) at 2801 Network Boulevard, Suite 300, Frisco, Texas 75034 (to the attention of the General Counsel of the Company) and to the Executive at the Company's address, with a copy to the Executive at his principal residence, or to such other address as any party may have furnished to the other in writing and in accordance herewith, except that notices of changes of address shall be effective only upon receipt.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: onavo ( including its affiliates , directors , officers , employees , agents , contractors , successors or assignees ) and its licensors do not represent or warrant that ( a ) the use of the services will be timely , uninterrupted , unsuspended for unscheduled downtime , free of limitations , or error-free or operate in combination with any other hardware , software , system or data ; ( b ) the services and/or their quality will meet your requirements or expectations ; ( c ) any content will be accurate or reliable ; ( d ) errors or defects will be corrected ; ( e ) that the services or the server ( s ) that make the services available are safe , free of viruses or other harmful components , or secure from unauthorized access ; ( f ) that the services or the server ( s ) that make the services available are immune from any interruption or suspension caused by factors outside of onavo or the servers ' operators ' reasonable control , including any force majeure event or internet access or related problems ; ( g ) that your mobile device will be compatible with onavo 's software and services ; or ( h ) that the data transferred through the services will always be complete , timely and without any changes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Lenders and each L/C Issuer hereby irrevocably appoints Barclays Bank PLC, to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Each of the Lenders and each L/C Issuer hereby irrevocably appoints Barclays Bank PLC, to act on its behalf as the Collateral Agent hereunder and under the other Loan Documents and authorizes the Collateral Agent to take such actions on its behalf and to exercise such powers as are delegated to the Collateral Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Collateral Agent, the Lead Arranger, the Lenders and the L/C Issuers, and none of the Borrower or any other Loan Party shall have rights as a third party beneficiary of any of such provisions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be modified or amended except in writing signed by the parties. No term or condition of this Agreement will be deemed to have been waived except in writing by the party charged with waiver. A waiver shall operate only as to the specific term or condition waived and will not constitute a waiver for the future or act on anything other than that which is specifically waived.

assistant: Modifications
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 contraband found.” United States v. One (1) 1982 28’ Int’l Vessel, 741 F.2d 1319, 1322 (11th Cir. 1984) (citing United States v. One 1976 Porsche 911S, VIN 911-6200323, Cal. License 090 NXC, 670 F.2d 810, 812 (9th Cir. 1979) (affirming forfeiture of automobile where .226 grams of marijuana was found in the trunk of the automobile and rejecting argument that forfeiture statute did not reach small amounts of contraband); see also One (1) 1982 28’ Int’l Vessel, 741 F.2d at 1322 (explaining that “[t]he very fact that a sufficie 4th DCA 2003) (finding pipe which exhibited blue colored residue resulting from positive lab test that had consumed remaining cocaine was sufficient to sustain conviction for possession of cocaine); Lupper v. State, 663 So.2d 1337, 1339 (Fla. 4th DCA 1994) (<HOLDING>). Moreover, “[f]or purposes of forefeiture, Options: A. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell B. holding that trace amount of burnt cocaine residue found on altered beer can sufficient to support possession conviction C. holding conviction for possession of handgun with altered serial number required proof of knowledge of alteration D. holding odor of burnt marijuana and drug dogs hit on car were sufficient to justify search E. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction

assistant: The best answer is B. holding that trace amount of burnt cocaine residue found on altered beer can sufficient to support possession 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 case excerpt and choose the best holding from the options. Case excerpt: Def.’s Mot. at 13. Accordingly, the court turns directly to the dispositive question: whether the plaintiff produced sufficient evidence for a reasonable factfinder to conclude that the defendant’s asserted non-retaliatory reason was not the actual reason and that the employer intentionally retaliated against the employee. See Brady, 520 F.3d at 494; Laurent, 544 F.Supp.2d at 22 n. 3 (concluding that the defendant’s articulation of a legitimate, non-discriminatory reason for the plaintiffs termination also rendered an examination of the prima facie case of retaliation unnecessary). At a minimum, the plaintiff must offer some evidence of a causal relationship between his involvement in protected activity and his nonselection. See Cooke v. Rosenker, 601 F.Supp.2d 64, 79 (D.D.C.2009) (<HOLDING>); see also Reeves v. Sanderson Plumbing Prods., Options: A. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two B. holding that the plaintiff failed to raise an issue of fact regarding her retaliation claim because she failed to offer any evidence of a causal relationship between her involvement in protected activity and the adverse employment action C. holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection D. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action E. holding that plaintiff cannot establish pretext because she is unable to show any causal connection her complaints and the adverse action

assistant: The best answer is B. holding that the plaintiff failed to raise an issue of fact regarding her retaliation claim because she failed to offer any evidence of a causal relationship between her involvement in protected activity and the adverse employment action
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: intent to sell or deliver. This charge requires that the State prove beyond a reasonable doubt that the substance found in defendant’s jacket was in fact cocaine. See N.C. Gen. Stat. § 90-95(a)(l) (2009). The only other evidence presented at trial identifying the substance as cocaine was the testimony of Officer Tucker. At trial, Officer Tucker testified that he checked the pocket of defendant’s jacket and found “twenty two individual rocks of crack cocaine.” Visual identification, even by a trained police officer such as Officer Tucker with four years of experience, is not enough to identify beyond a reasonable doubt a substance chemically defined by our legislature. State v. Ward, 364 N.C. 133, 142-43, 694 S.E.2d 738, 743-44 (2010); State v. Williams, 10-58-1 (N.C. App. Dec. 7, 2010) (<HOLDING>); State v. Nabors, - N.C. App. -, -, 700 S.E.2d Options: A. holding that knowledge that a substance is a controlled substance is an element of 952 B. holding that lay witness testimony regardless of credentials and experience is insufficient to prove the identity of a controlled substance C. holding that possession of listed chemical with intent to manufacture controlled substance is controlled substance offense D. holding that mens rea required for possession of a controlled substance is knowledge that defendant possessed a controlled substance E. holding that possession of a controlled substance is a crime only if the defendant knowingly possesses the substance and has knowledge of the nature of that substance

assistant: The best answer is B. holding that lay witness testimony regardless of credentials and experience is insufficient to prove the identity of a controlled substance
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: (S.D.Tex.2007) (citing Marrama v. Citizens Bank of Mass., 549 U.S. 365, 365, 127 S.Ct. 1105, 166 L.Ed.2d 956 (2007)). The Code requires the Debtor’s representative to appear at meetings of the creditors under 11 U.S.C. §§ 341 & 343 in order to obtain the most accurate information possible from the Debtor’s representative. See In re Moore, 309 B.R. 725, 726 (Bankr. N.D.Tex.2002) (noting that the meeting allows creditors to “rigorously question the debtor” and provide “valuable information regarding the debtor’s financial situation”); In re Shulund, 210 F.Supp. 195, 197 (D.C.Mont.1962) (acknowledging that a function of the examination at the creditors meeting is to “locate and protect the assets of the bankrupt’s estate”); In re E. Utils. Investing Corp., 98 F.2d 620, 622 (3d Cir.1938) (<HOLDING>). Therefore, because Bankruptcy Rule 9001(5) Options: A. holding that preservation of error in the trial court is not necessary as to lack of standing B. holding that preservation of the specific argument in support of the ground for reversal is required for appellate review C. recognizing that the purpose is to afford full information in connection with the estate in order that the necessary steps may be taken for its preservation D. recognizing that there is an important privacy interest in corporate financial documents the court agrees that the information can be protected therefore the court required that the information be disclosed pursuant to a confidentiality order only to be used in connection with this litigation E. recognizing fundamental error as an exception to the general rule of preservation

assistant: The best answer is C. recognizing that the purpose is to afford full information in connection with the estate in order that the necessary steps may be taken for its preservation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we are not bound by the United States Supreme Court's interpretation of the Fourth Amendment when determining the seope of state constitutional protections."); see also People v. Mason, 989 P.2d 757, 759 (Colo.1999)("IWle have afforded suspects in Colorado greater rights than are available under the federal Constitution."); People v. Young, 814 P.2d 834, 842-43 (Colo.1991)("We have recognized and exercised our independent role on a number of occasions and on several have determined that the Colorado Constitution provides more protection for our citizens than do similarly or identically worded provisions of the United States Constitution."). In some instances, we have determined certain investigative activities to be searches, even though the United States Supreme Court de 6)(<HOLDING>); see also People v. Redinger, 906 P.2d 81, Options: A. holding that a dog sniff of an express mail package was a search B. holding that a dog sniff of a federal express package was a search C. holding that a drugdetection dog sniff outside a garage door at a home was not a search under the fourth amendment D. holding a dog sniff outside the defendants front door was not a fourth amendment search E. holding that a dog sniff search of a safe taken by a burglar from the defendants home was a search

assistant: The best answer is E. holding that a dog sniff search of a safe taken by a burglar from the defendants home was a search
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Award Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, such provision shall have no effect; however, the remaining provisions shall be enforced to the maximum extent possible. Further, if a court should determine that any portion of this Award Agreement is overbroad or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications hereunder shall be in writing and shall be deemed given if delivered personally or by commercial delivery service, or sent via telecopy (receipt confirmed) to the parties at the addresses indicated above, or such other address as a party may so designate in the future, in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned, in whole or in part, by operation of Law or otherwise, by any of the parties hereto without the prior written consent of each of the other parties hereto.

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: rule 42(b)(1) and 42(b)(2) certification. LSRC cannot—having failed to move for a continuance, having agreed for the trial court to consider certification under rule 42(b)(1) and 42(b)(2) if LSRC were allowed to file a brief addressing those issues within two weeks of receiving a transcript of the class certification hearing, and having filed such a brief-now assert that the trial court erred by considering certification under rule 42(b)(1) and 42(b)(2). See In re Dep't of Family & Protective Servs., 273 S.W.3d 637, 646 (Tex. 2009) (orig. proceeding) (“The invited error doctrine applies to situations where a party requests the court to make a specific ruling, then complains of that ruling on appeal.”); Keith v. Keith, 221 S.W.3d 156, 164 (Tex. App.—Houston [1st Dist.] 2006, no pet.) (<HOLDING>). We hold that LSRC waived its complaint that Options: A. holding a party may not invite error and then be heard to complain of that error on appeal B. holding that a party may not raise a claim on appeal that was not presented to the trial court C. holding that party who asked trial court to take certain action could not complain on appeal that action was wrong D. recognizing that a party cannot complain on appeal that the trial court considered an issue that that party consented to submit to the trial court E. holding that a party may not invite error and then be heard to complain of that error on appeal

assistant: The best answer is C. holding that party who asked trial court to take certain action could not complain on appeal that action was wrong
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 failure by the Lender to exercise, and no delay by the Lender in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Becerra, 155 F.3d at 753-54; Lyons, 888 F.2d at 1075. As for the change-in-the-law exception, the Supreme Court did address the question whether a duty to disclose arises from a defendant’s market activities and therefore Stoneridge does not affect the legal basis of the Fifth Circuit’s holding in Regents. (The Financial Institution Defendants insist Lead Plaintiff previously argued that Defendants’s alleged market activities gave rise to a duty to disclose and lists a number of examples in # 5986 at 4, 7 n. 5, 8 and nn. 6-7, and 10-11 and nn. 8-9.) Moreover, they maintain, logically Lead Plaintiff cannot rely on a case decided in 1977, Virginia Bankshares, and yet argue a change in controlling law. See Loa-Herrera v. Dept. of Homeland Sec., 239 Fed.Appx. 875, 880-81 (5th Cir.2007) (<HOLDING>). Furthermore the Supreme Court’s refusal to Options: A. holding that where a contractor relied on montgomery countys prior reasonable and debatable interpretation of the statutory phrase nonhabitable structures and constructed its building based on that interpretation and with a valid permit it would be inequitable for the county board of appeals to apply a changed interpretation to require removal of the buildings fourth floor B. holding that plaintiffs had no vested interest in former interpretation of state law C. holding that an intervening change in statutory interpretation did not amount to a change in controlling law under the mandate rule where plaintiffs attempted on remand to rely on a different but related statute which could have been but was not previously raised and the interpretation of which had not changed D. holding that state had waived argument because it could have been raised in an earlier appeal but was not and because it fell outside the scope of remand E. holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it

assistant: The best answer is C. holding that an intervening change in statutory interpretation did not amount to a change in controlling law under the mandate rule where plaintiffs attempted on remand to rely on a different but related statute which could have been but was not previously raised and the interpretation of which had not changed
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 amendment, waiver, or discharge to or under this Guaranty is valid unless it is in writing and is signed by the party against whom it is sought to be enforced and is otherwise in conformity with the requirements of Section 10.01 of the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not follow through and terminate a subcontract following a declaration of default may elect to use form A312, which unlike form A311, expressly conditions a surety’s performance obligations on the termination of the subcontractor’s right to complete the contract. ABA, Bond Default Manual 185 (Ex. 5.4, ¶ 12.3) (Richard H. Wisner ed., 1987). ¶53 The L&A court is also incorrect in stating that a “clear rule” is necessary to save a surety from tort liability for interference with the principal’s business relationship. There is no basis for the court’s statement. Once a surety has notice of a potential claim, it is privileged to intervene and protect its interests without liability for tortious interference. Gerstner Elec., Inc. v. Am. Ins. Co., 520 F.2d 790, 794-95 (8th Cir. 1975) (<HOLDING>); Zoby v. Am. Fid. Co., 242 F.2d 76, 79 (4th Options: A. holding that a surety after becoming aware of a single claim for labor and materials by a subcontractor acted reasonably by directing the owner to withhold further payments from the contractor even though contractor had not been declared in default by the owner B. holding that the owner could maintain a 93a claim against the subcontractor where there was a genuine issue of material fact as to whether the owner was the thirdparty beneficiary of the contract between the general contractor and the subcontractor C. holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code 523a2 because owner did not show that contractor had intent not to perform when the agreement was made D. holding that a provision making all payments to subcontractor by contractor expressly contingent upon payment for the work by contractor from owner is a payifpaid clause under texas law E. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor

assistant: The best answer is A. holding that a surety after becoming aware of a single claim for labor and materials by a subcontractor acted reasonably by directing the owner to withhold further payments from the contractor even though contractor had not been declared in default by the owner
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of any change in the outstanding shares of Common Stock by reason of any stock dividend or split, recapitalization, reclassification, merger, consolidation, or other similar corporate change, the number of Restricted Stock Units under this agreement shall be adjusted in accordance with the terms of the Plan.

assistant: Adjustments
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. All foreign pension schemes sponsored or maintained by the Borrower and each of its Restricted Subsidiaries is maintained in accordance with the requirements of applicable foreign law, except where noncompliance could not reasonably be expected to have a Material Adverse Effect.

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: No Loan Party shall directly or indirectly use the proceeds of any Loan for any purpose which would breach the United States Foreign Corrupt Practices Act of 1977, the UK Bribery Act 2010, or other similar anti-corruption or anti-bribery legislation in other jurisdictions which have jurisdiction over the Loan Parties.

assistant: Anti-Corruption 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: This Section shall apply if, in the two-year period following a Change in Control, as that term is defined below, the Executive’s employment with the Company is terminated either: (i) by the Company, “Without Cause,” as that term is defined above; or by the Executive for “Good Reason,” as that term is defined below.

assistant: Change In Control
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: after the Law Firm served its responses, Mclnnis alleged that the Law Firm did not wholly answer all requested admissions. According to Mclnnis, the Law Firm had abused the discovery process by withholding information that she intended to use as summary-judgment evidence in her response to the Law Firm’s motion. A party should not be able to abuse the discovery process by withholding key evidence from a party opponent and then use that lack of evidence to win a judgment. See Specialty Retailers, Inc., 29 S.W.3d at 145 (providing that if a nonmovant established abuse of the discovery process, the nonmovant may likely establish that there was not an adequate time for discovery); Tempay, Inc. v. TNT Concrete & Constr., Inc., 37 S.W.3d 517, 522-23 (Tex.App.-Austin 2001, pet. denied) (<HOLDING>); see also Robert W. Clore, Texas Rule of Civil Options: A. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law B. recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery C. holding trial court abused its discretion when case had been on file for only three months the discovery sought was material to the plaintiffs claims and the plaintiff exercised due diligence in obtaining discovery D. holding that the trial court abused its discretion in determining that adequate time for discovery had passed because movant successfully resisted nonmovants attempts to obtain discovery E. holding that district court did not abuse its discretion by denying motion to extend discovery where no effort was made to explain why the requested discovery could not have taken place within the original discovery period

assistant: The best answer is D. holding that the trial court abused its discretion in determining that adequate time for discovery had passed because movant successfully resisted nonmovants attempts to obtain discovery
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As an annual base salary (“ Base Salary ”) for all services rendered pursuant to this Agreement, Executive will be paid an initial Base Salary in the gross amount of $381,600 calculated on an annualized basis, less necessary withholdings and authorized deductions, and payable pursuant to the Company’s regular payroll practices at the time. The Base Salary is first subject to review and adjustment within the first three (3) months after the end of the fiscal year that includes the Effective Date, and, thereafter, subject to periodic review and adjustment not less frequently than annually within the first three (3) months after the end of the next successive fiscal year, in the sole discretion of the Company. Executive’s Base Salary will not be reduced from the level in effect from time to time, except that the Base Salary may be reduced in connection with a salary reduction program of general application to senior executives of the Company where each experiences a substantially similar reduction on a percentage basis.

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: purposes. Careful examination of the lease language confirms this. The words “the use of such gas” appear later in the clause, after the language stating the free gas is for domestic purposes. The most reasonable construction of the risk and expense language is that it applies to the gas intended and suitable for domestic purposes. Hence “such gas” means “useable gas.” After the gas is in a useable form, the lessors bear the risk and expense of using that gas in their homes. Such risks and expenses presumably include the dangers of using natural gas within a home for heat or to run appliances and the costs of purchasing equipment necessary to harness the natural gas for domestic purposes. But cf. Weiss v. Thomas & Thomas Dev. Co., 79 Ohio St.3d 274, 680 N.E.2d 1239, 1242-43 (1997) (<HOLDING>). Interpretation of the clause in this manner Options: A. recognizing that a lessees holding over without giving the prescribed notice of renewal gave rise to a presumption that the lessee was exercising the option to renew but also recognizing that in such a situation the lessor could elect to treat the lessee as a trespasser or to waive the notice requirement and treat the lease as having been extended B. holding the lessee in providing free gas to the lessor owed the lessor the same duty of care as a regulated public utility would owe its customers despite express lease language placing the risk of using the gas on the lessor C. holding plaintiffs were properly enjoined from using excessive amounts of gas not contemplated by the free gas clause in the lease D. holding provision in oil and gas lease authorizing lessor to use gas for agricultural purposes contained no geographical limitations E. holding a gas storage and oil lease providing for free gas for domestic use at the principal dwelling house on said lands and for low cost gas for domestic use on said lands in the event of storage limited the lessor to low cost gas at one principal dwelling

assistant: The best answer is B. holding the lessee in providing free gas to the lessor owed the lessor the same duty of care as a regulated public utility would owe its customers despite express lease language placing the risk of using the gas on the lessor
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: Executive represents and warrants that Executive is not bound by any employment contract, restrictive covenant, or other restriction preventing Executive from carrying out Executive’s responsibilities for the Employers, or which is in any way inconsistent with the terms of this Agreement. Executive further represents and warrants that Executive shall not disclose to the Employers or induce the Employers to use any confidential or proprietary information or material belonging to any previous employer or others.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive represents, warrants and agrees that he has not filed any claims, appeals, complaints, charges or lawsuits against any of the Newfield Parties with any governmental agency or court. Executive also represents, warrants and agrees that, except as prohibited by law, he will not file or permit to be filed or accept benefit from any claim, complaint or petition filed with any court by him or on his behalf at any time hereafter; provided, however, this shall not limit Executive from filing a Demand for Arbitration for the sole purpose of enforcing his rights under this Agreement and Release. Further, Executive represents and warrants that no other person or entity has any interest or assignment of any claims or causes of action, if any, he may have against any Newfield Party, which have been satisfied fully by this Agreement and Release and which he now releases in their entirety, and that he has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Agreement and Release, and that he has the sole right and exclusive authority to execute this Agreement and Release and receive the consideration provided.

assistant: Representations