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: status, an applicant must demonstrate “a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(A). The incidents to which each petitioner testified do not meet the legal definition of persecution. Although Wijaya faced harassment and discrimination when his church services were disrupted, these incidents did not rise to the level of persecution, which include “threats to life, confinement, torture, and economic restrictions so severe that they constitute a threat to life or freedom.” Fatin v. INS, 12 F.3d 1233, 1240 (3d Cir.1993). Similarly, the assaults and robberies that both petitioners suffered do not meet this standard. See Lie v. Ashcroft, 396 F.3d 530, 536 (3d Cir.2005) (<HOLDING>). There is nothing in the record to suggest Options: A. holding that isolated criminal acts by unknown assailants resulting in theft of personal property and minor injury were not sufficiently severe to constitute persecution B. holding that isolated criminal attacks do not constitute persecution C. holding that personal disputes do not constitute persecution D. holding that two isolated criminal acts perpetrated by unknown assailants against ethnic chinese indonesians which resulted only in the theft of some personal property and a minor injury is not sufficiently severe to be considered persecution E. holding that two isolated criminal acts perpetrated by unknown assailants are not sufficiently severe to be considered persecution

assistant: The best answer is A. holding that isolated criminal acts by unknown assailants resulting in theft of personal property and minor injury were not sufficiently severe to constitute persecution
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: 340, 108 S.Ct. 2413. But there are actually two types of prejudice relevant to this factor: (1) trial prejudice, i.e., prejudice in the defendant’s ability to mount a defense at trial; and (2) non-trial prejudice. The Supreme Court has described the latter type of prejudice as follows: Inordinate delay between public charge and trial, wholly aside from possible prejudice to a defense on the merits, may seriously interfere with the defendant’s liberty, whether he is free on bail or not, and may disrupt his employment, drain his financial resources, curtail his associations, subject him to public obloquy, and create anxiety in him, his family and his friends. Taylor, 487 U.S. at 340-41, 108 S.Ct. 2413 (internal alterations and quotation marks omitted); see also Moss, 217 F.3d at 431-32 (<HOLDING>). It is well established that a criminal Options: A. holding that even if the district court had erred by not allowing the plaintiff leave to file a reply brief any error was harmless because it did not prejudice the plaintiffs rights B. holding that the district court erred when it neglected to address any nontrial prejudice suffered by the defendant including the impact of his incarceration on his life circumstances C. holding that the scope of crossexamination did not extend to any bad acts committed by the defendant during his life where defendant presented evidence of adverse circumstances that he experienced in his early childhood rather than evidence of his general good character D. holding argument abandoned when defendant failed to cite any authority in specific support of his assertion that the trial court erred in denying his motion for a mistrial E. holding that the district court erred when it relied on the governments representation that the property sought by the defendant had been destroyed because the government did not submit any evidence of the propertys destruction

assistant: The best answer is B. holding that the district court erred when it neglected to address any nontrial prejudice suffered by the defendant including the impact of his incarceration on his life circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as required by applicable law, the Holder agrees to maintain, and to require its representatives to maintain, all confidential information obtained from the Partnership on a confidential basis, which, among other things, precludes the use of such confidential information for the purposes of trading on the Warrant Units.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Amounts of funding at each step below will be requested by itemization in a “Funding Request Report” in the form attached hereto as Exhibit E, provided to Wright Medical by Plaintiffs’ Counsel. A Funding Request Report will identify Eligible Claims that have satisfied requirements for payment of any or all of 1) final negotiated lien amounts, and/or appropriate full lien holdback amounts for all liens, 2) Common Benefit Assessments, or 3) the balance of an Individual Settlement (each a “Payment Item”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ, an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Borrowers agree to pay to the Administrative Agent for the account of each Revolving Lender a commitment fee, which shall accrue at the Applicable Rate on the daily amount of the Available Revolving Commitment of such Lender during the period from and including the Effective Date to but excluding the date on which such Commitment terminates. Commitment fees accrued through and including the last day of March, June, September and December of each year shall be payable in arrears on the fifteenth (15 th ) day following such last day and on the date on which the Revolving Commitments terminate, commencing on the first such date to occur after the date hereof. All commitment fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day).

assistant: Fees
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: actually enclosed. (c) Peaceable possession of real property held under a duly registered deed or other memorandum of title that fixes the boundaries of the possessor’s claim extends to the boundaries specified in the instrument. Id. § 16.026. Adverse possession ' requires proof of actual possession of the disputed real property that is open and notorious, peaceable, under a claim of right, adverse or hostile to the claim of the owner, and consistent and continuous for the duration of the statutory period. Perales, 2010 WL 3212125, at *6; Glover v. Union Pac. R.R. Co., 187 S.W.3d 201, 213 (Tex.App.-Texar-kana 2006, pet. denied) (citing Natural Gas Pipeline Co. v. Pool, 124 S.W.3d 188, 193-94 (Tex.2003)); Terrill v. Tuckness, 985 S.W.2d 97, 107 (Tex.App.-San Antonio 1998, no pet.) (<HOLDING>). Whether adverse possession has been Options: A. holding that to be adversepossession must be actual visible continuous notorious distinct hostile and of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant B. holding for underwater property there must be acts of ownership indicating a change of condition showing a notorious claim of title C. holding that the vehicle of a recent occupant may be searched incident to arrest as an exception to the warrant requirement where it is reasonable to believe the vehicle contains evidence of the offense of arrest D. holding defendants girlfriend had authority to consent to search as a joint occupant E. holding search invalid under the fourth amendment when a physicallypresent occupant expressly objected to a search notwithstanding the consent of a fellow occupant

assistant: The best answer is A. holding that to be adversepossession must be actual visible continuous notorious distinct hostile and of such character as to indicate unmistakably an assertion of a claim of exclusive ownership in the occupant
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: argument, as the district court noted, is baffling given that he grounded his age discrimination claim on allegations that Matsushita treated Underwood and Stookesbury preferentially. Moreover, the very cases Wagner cites for the elements of a prima facie case under McDonnell Douglas, Hein v. All American Plywood Co., Inc. and Braithwaite v. Timken Co., require plaintiffs to provide comparative evidence of disparate treatment. Hein, 232 F.3d at 489; Braithwaite v. Timken Co., 258 F.3d 488, 493 (6th Cir.2001). Citing Cline v. Catholic Diocese of Toledo, Wagner also contends that the district court improperly considered Matsushita’s nondiscriminatory reason for Wagner’s termination in evaluating the fourth element of a prima facie case of age discrimination. 206 F.3d 651 (6th Cir.2000) (<HOLDING>). But this court’s cases often incorporate an Options: A. holding that a plaintiff who could not demonstrate every element of the mcdonnell douglas test could nonetheless demonstrate a prima facie case B. holding that federal government employee successfully established prima facie case of retaliation under mcdonnell douglas but failed to prove employers proffered reason was pretextual C. holding that plaintiff could not establish a prima facie case of discrimination because she was unable to present evidence that she was qualified for the position D. holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss E. holding that the district court fundamentally misapplied the mcdonnell douglas test when it considered defendantemployers nondiscriminatory reason in assessing whether plaintiffemployee showed that she was qualified for her position under the third element of a prima facie ease

assistant: The best answer is E. holding that the district court fundamentally misapplied the mcdonnell douglas test when it considered defendantemployers nondiscriminatory reason in assessing whether plaintiffemployee showed that she was qualified for her position under the third element of a prima facie ease
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 shall be binding upon the ABL Agent, the ABL Lenders, the Term Loan/Cash Flow Revolver Agent, the Term Loan/Cash Flow Revolver Lenders, the Borrower, the Borrower’s Subsidiaries party hereto and their respective permitted successors and assigns. No other Person shall have or be entitled to assert rights or benefits hereunder. Without limiting the generality of the foregoing (a) any person to whom a Lender assigns or otherwise transfers all or any portion of the ABL Claims or the Term Loan/Cash Flow Revolver Claims, as applicable, in accordance with the applicable ABL Loan Documents or Term Loan/Cash Flow Revolver Loan Documents, as the case may be, shall become vested with all the rights and obligations in respect thereof granted to such Lenders, without any further consent or action of the other Lenders and (b) any counterparty to a Hedging Agreement or an agreement relating to Cash Management Obligations (as such terms are defined in the ABL Credit Agreement or the Term Loan/Cash Flow Revolver Agreement, as applicable) that accepts the benefit of any Common Collateral in accordance with the ABL Collateral Documents or the Term Loan/Cash Flow Revolver Collateral Documents, as applicable, shall be deemed to have agreed to be bound by the terms of this Agreement.

assistant: Assigns
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: court’ because of the grave inconvenience or unfairness of the selected forum; (3) the fundamental unfairness of the chosen law may deprive the plaintiff of a remedy; or (4) their enforcement would contravene a strong public policy of the forum state.” Allen, 94 F.3d at 928 (citing Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 595, 111 S.Ct. 1522, 113 L.Ed.2d 622 (1991) and The Bremen, 407 U.S. at 12-13, 92 S.Ct. 1907). First, ACC argues the forum selection clause is unreasonable under the circumstances because it is the result of “an overreaching business practice of Oracle.” According to ACC, Oracle used its superi- or bargaining position to insert boilerplate language into the License Agreement. See, e.g., Yoder v. Heinold Commodities, Inc., 630 F.Supp. 756, 760 (E.D.Va.1986) (<HOLDING>). But see, e.g., Carnival Cruise Lines, 499 Options: A. holding that a forum selection clause was not enforceable against defendants that were not parties to the contract B. holding that the forum selection clause at issue encompassed both contract and tort claims C. holding that corporations owned and controlled by the party signing the contract containing the forum selection clause may be bound by the clause D. holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens amounts to a mandatory forum selection clause at least where the plaintiff chose the designated forum E. holding that a forum selection clause should not be enforced where a consumer is told by a corporate agent to ignore boilerplate contract language containing a forum selection clause where there is a material difference in bargaining power and where the forum designated by the contract has little to do with the transaction and is gravely inconvenient for the parties and witnesses

assistant: The best answer is E. holding that a forum selection clause should not be enforced where a consumer is told by a corporate agent to ignore boilerplate contract language containing a forum selection clause where there is a material difference in bargaining power and where the forum designated by the contract has little to do with the transaction and is gravely inconvenient for the parties and witnesses
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 PoViva Members have the legal power, capacity and authority to execute and deliver this Agreement and all other documents required to be executed and delivered by the PoViva Members hereunder and to consummate the transactions contemplated hereby.

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 case excerpt and choose the best holding from the options. Case excerpt: answer section accompanying the regulation specifies that, an employer must hold open the job of a woman absent because of pregnancy “on the same basis as jobs are held open for employees on sick or disability leave for other reasons.” 29 C.F.R. Pt. 1604 App. Question 9. On the other hand, the PDA does not require that employers treat pregnant employees better than other temporarily disabled employees. Troupe v. May Dep’t Stores Co., 20 F.3d 734, 738 (7th Cir.1994); Maganuco v. Leyden Community High Sch. Dist. 212, 939, F.2d 440, 444 (7th Cir.1991); H. Rep. No. 95-948 at 4-5 (1978), reprinted, 1978 U.S.C.C.A.N. 4749, 4752-53 (basic principles of the PDA); see also California Fed. Sav. and Loan Ass’n v. Guerra, 479 U.S. 272, 289 & n. 29, 107 S.Ct. 683, 694 & n. 29, 93 L.Ed.2d 613 (1987) (<HOLDING>). Rhett argues that Carnegie terminated her Options: A. holding that neither the ada nor the rehabilitation act applies to prison employment B. holding because the district court refused to grant plaintiff reinstatement or any other injunctive relief the damage award was neither incidental to nor intertwined with any other relief C. holding that the pda neither requires nor prohibits states from mandating maternity leave and reinstatement policies D. holding that neither zafiro nor lane established a constitutional standard binding on the states E. holding that designation is neither a sentence nor a punishment

assistant: The best answer is C. holding that the pda neither requires nor prohibits states from mandating maternity leave and reinstatement policies
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties’ rights and remedies under this Agreement are cumulative, unless expressly provided otherwise. If either Party brings a legal action to enforce this Agreement, the prevailing Party is entitled to recover its attorneys’ fees, court costs and other collection expenses, in addition to any other relief it may receive.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with Hall’s second workers’ compensation claim cannot, in and of itself, support Hall’s retaliation claim. The Court in Burlington Northern emphasized that “it is important to separate significant from trivial harms” because “[t]he anti-retaliation provision protects an individual not from all retaliation, but from retaliation that produces an injury or harm.” 548 U.S. at 67-68. One could certainly argue that the surreptitious videotaping of an employee, depending on its intrusiveness, could serve as supporting evidence of a retaliation claim. Thus, we do not necessarily disagree with Hall’s contention that video surveillance can be submitted as evidence of a larger pattern of retaliation. But cf. Hoffman-Dombrowski v. Arlington Int’l Racecourse, Inc., 254 F.3d 644, 654 (7th Cir. 2001) (<HOLDING>); Pierce v. Tex. Dep’t of Crim. Justice, Inst. Options: A. holding that a change in work schedule and request that an employee perform two additional tasks did not rise to the level of an adverse employment action B. recognizing retaliation involving promotion as adverse employment actions under the first amendment C. holding that written warnings that impacted the probability an employee would be terminated are adverse employment actions D. holding that change of schedule video surveillance and disciplinary warnings were not material adverse actions sufficient to sustain retaliation claim E. holding that defendants decision to change the office schedule without allowing plaintiff leave to alter his personal schedule did not constitute an adverse action although plaintiff alleged that because of the schedule revisions he was forced to come in two hours early for his shift a mere inconvenience is not sufficiently adverse to sustain a prima facie case

assistant: The best answer is D. holding that change of schedule video surveillance and disciplinary warnings were not material adverse actions sufficient to sustain retaliation claim
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 rent and other payments required to be made by Tenant shall be paid to Landlord at the address set forth in Section 1.06 or at such other address as Landlord may specify from time to time by written notice. All payments required to be made by Landlord to Tenant are payable to Tenant at the address set forth in Section 1.06 or at any other address as Tenant may specify from time to time by written notice. For purposes hereof, any notice or document required or permitted to be delivered by the terms of this Lease (other than delivery of rental payments) will be deemed to be delivered upon the earlier of actual receipt or (whether or not actually received) the next business day after being deposited with a nationally recognized overnight courier service, or the third (3rd) business day after being deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth in Section 1.06 . Any notice delivered via facsimile transmission or via e-mail will not satisfy a requirement to give notice under the terms of this Lease. Any notice may be given by legal counsel for a party.

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: we may also require you to agree to additional terms , rules , policies , guidelines , or other conditions ( collectively , `` product-specific terms '' ) that are specific to certain services ( for example , the commercial tools ) .

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: activity in the forum state, is not satisfied. The two types of IOC activity alleged are requiring USOC’s adherence to the Olympic Charter, and providing money for the USOC’s administrative costs. Shepherd argues his injuries are related to the discrimination to which USOC subjected him while USOC operated in Colorado as a result of his employment status with USOC under the ADA and against him as an Olympic class athlete under the Rehabilitation Act. (Comply 23.) As discussed, however, he does not suggest IOC was involved in any of the employment decisions out of which his cause of action arises. Moreover, USOC’s minimum contacts with Colorado are insufficient to impose personal jurisdiction on IOC. See Reynolds v. International Amateur Athletic Fed’n, 23 F.3d 1110, 1118 (6th Cir.1994) (<HOLDING>); see also Dean v. Motel 6 Operating L.P., 134 Options: A. holding personal jurisdiction did not exist over the londonbased international amateur athletic federation iaaf despite the fact that its member organization in the usa had minimum contacts with ohio where the plaintiffs contract claim did not arise out of iaafs contacts with ohio B. recognizing that the ohio longarm statute does not extend to the limits of due process and focusing the inquiry on whether defendant established sufficient business contacts with ohio C. holding minimum contacts were necessary for personal jurisdiction over defendant D. holding that a maryland court could not exercise jurisdiction over an ohio lawyer when a maryland client initiated five of seven contacts with the lawyer the parties created the attorneyclient relationship in ohio and the attorneyclient relationship involved only events in and the law of ohio E. holding that personal jurisdiction over a party is proper if the party has sufficient minimum contacts with the forum

assistant: The best answer is A. holding personal jurisdiction did not exist over the londonbased international amateur athletic federation iaaf despite the fact that its member organization in the usa had minimum contacts with ohio where the plaintiffs contract claim did not arise out of iaafs contacts with ohio
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 New Law Dictionary 766 (1850) (defining “offence” as “[a]n act committed against a law, or omitted where the law requires it, and punishable by it”). The text does not distinguish between the conduct of the accused and that of any other person, indicating that any conduct that constitutes an element of the offense can establish venue. Thus, the text does not on its face limit venue to the location of the accused’s conduct. Case law construing the venue provision, though there is little addressing that issue, supports that conclusion. For example, it has long been the law in this state that venue can properly be established by the conduct of a third party if the accused bears criminal responsibility for that conduct. See, e.g., State of Oregon v. Barnett, 15 Or 77, 82, 14 P 737 (1887) (<HOLDING>). The Supreme Court refined that rule in State Options: A. holding that an undercover agent is not an accomplice as long as the agent does not bring about the crime but merely obtains evidence to be used against those engaged in crime B. holding that firstdegree murder is one crime although the defendant can commit the crime in several ways C. holding no derivative entrapment where middleman was induced by a government agent to commit crime responding to pressure takes it upon himself to induce another to participate in crime D. holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred E. holding that the employer was not the insurers agent

assistant: The best answer is D. holding that an employer who caused his agent to commit a crime in another county was deemed to have been personally present where the crime occurred
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 2.12 shall survive the resignation or replacement of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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: As long as Executive remains an employee of the Company, Executive will be paid a base salary of $379,569.01 which shall continue at this rate, subject to adjustment as hereinafter provided. Executive's base salary shall be reviewed periodically and the Company may increase such base salary, by an amount, if any, that the Company determines to be appropriate. Any such increase shall not reduce or limit any other obligation of the Company hereunder. Executive's annual base salary payable hereunder, as it may be increased from time to time and without reduction for any amounts deferred as described below, is referred to herein as "Base Salary". Executive's Base Salary, as in effect from time to time, may not be reduced by the Company without Executive's consent, provided that the Base Salary payable under this paragraph shall be reduced to the extent Executive elects to defer or reduce such salary under the terms of any deferred compensation or savings plan or other employee benefit arrangement maintained or established by the Company. The Company shall pay Executive the portion of Executive's Base Salary not deferred in accordance with its customary periodic payroll practices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By signing this Letter Agreement, and except as provided in Section 3(b) below, you and any person acting through or under you hereby release, waive and forever discharge the Company, its past and present subsidiaries and its past and present affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, executives and agents of each of them (together, the “ Released Parties ”) from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys’ fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a “ Claim ”), arising or which could have arisen up to and including the date hereof, arising out of or relating to your employment, or any other written or oral agreement, any change in your employment status, terms of employment, any benefits or compensation, any tortious injury, breach of contract, wrongful discharge (including any Claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil Rights Act of 1964 (as amended by the Civil Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Older Workers Benefits Protection Act, the Age Discrimination in Employment Act of 1967 (“ ADEA ”), the Employee Retirement Income Security Act of 1974, as amended (“ ERISA ”), or any other foreign, federal, state or local statute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by you against the Released Parties in any legal, administrative or other proceeding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: potential for future changes in parole policy-whether those changes could favor inmates or burden them. Neither does Coddington’s counsel do so in his appellate brief. Nor are we aware of any such duty or for that matter the practicability of imposing such a duty. Whether it is a State’s views on clemency or parole, both policies are a matter of executive-branch grace, the very flexibility of which defies easy cabining or predictability. See Ohio Adult Parole Auth. v. Woodard, 523 U.S. 272, 276, 118 S.Ct. 1244, 140 L.Ed.2d 387 (1998) (“The Due Process Clause is not violated where ... the clemency and pardon powers are committed, as is our tradition, to the authority of the executive.”); California Dep’t of Corr. v. Morales, 514 U.S. 499, 507-08, 115 S.Ct. 1597, 131 L.Ed.2d 588 (1995) (<HOLDING>). Under these circumstances, the most that an Options: A. holding that a change in parole policies without altering the underlying substantive standards does not violate the ex post facto clause B. holding that parole guidelines are subject to the ex post facto clause C. holding that the federal parole guidelines at issue were not laws within meaning of ex post facto clause D. holding that revocation of medical license does not violate the ex post facto clause E. holding change in ultimate parole decisionmaker from board to governor does not violate ex post facto clause

assistant: The best answer is A. holding that a change in parole policies without altering the underlying substantive standards does not violate the ex post facto clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Officer is engaged as the Executive Vice President and Chief Financial Officer of the Company. His powers and duties in that capacity shall be those normally associated with the position of Chief Accounting Officer and as determined from time to time by the Chief Executive Officer and/or the Board of Directors of the Company. During the term of this Agreement, Officer shall also serve without additional compensation in such other offices of the Company and its subsidiaries to which he may be elected or appointed by the Board of Directors.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby, including, without limitation, the issuance of the Purchase Notice Shares, do not and will not: (a) result in a violation of the Company’s or any Subsidiary’s certificate or articles of incorporation, by-laws or other organizational or charter documents, (b) conflict with, or constitute a material default (or an event that with notice or lapse of time or both would become a material default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture, instrument or any “ lock-up ” or similar provision of any underwriting or similar agreement to which the Company or any Subsidiary is a party, or (c) result in a violation of any federal, state or local law, rule, regulation, order, judgment or decree (including federal and state securities laws and regulations) applicable to the Company or any Subsidiary or by which any property or asset of the Company or any Subsidiary is bound or affected (except for such conflicts, defaults, terminations, amendments, accelerations, cancellations and violations as would not, individually or in the aggregate, have a Material Adverse Effect) nor is the Company otherwise in violation of, conflict with or in default under any of the foregoing. The business of the Company is not being conducted in violation of any law, ordinance or regulation of any governmental entity, except for possible violations that either singly or in the aggregate do not and will not have a Material Adverse Effect. The Company is not required under federal, state or local law, rule or regulation to obtain any consent, authorization or order of, or make any filing or registration with, any court or governmental agency in order for it to execute, deliver or perform any of its obligations under the Transaction Documents (other than any SEC, FINRA or state securities filings that may be required to be made by the Company subsequent to any Closing or any registration statement that may be filed pursuant hereto); provided that, for purposes of the representation made in this sentence, the Company is assuming and relying upon the accuracy of the relevant representations and agreements of Investor herein.

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: All notices or requests or consents provided for by, or permitted to be given pursuant to, this Agreement must be in writing and must be given by United States mail, addressed to the Person to be notified, postpaid, and registered or certified with return receipt requested or by delivering such notice in person or by facsimile or email to such Party. Notice given by personal delivery or mail shall be effective upon actual receipt. Notice given by facsimile or email shall be effective upon transmission (return receipt requested) if sent during the recipient’s normal business hours or at the beginning of the recipient’s next Business Day after transmission if not sent during the recipient’s normal business hours. All notices to be sent to a Party pursuant to this Agreement shall be sent to or made at the address set forth below or at such other address as such Party may stipulate to the other Parties in the manner provided in this Section 3.3 .

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: Paragraph 4 of that agreement stipulated that “[t]he defendant will not file an appeal or otherwise challenge the conviction or sentence in the event that the Court imposes a sentence of 24 months or less. This waiver is binding on the defendant even if the Court employs a Guidelines analysis different from” that contemplated by the plea. Rolek was in fact sentenced to 12 months and one day, and the waiver therefore governs. “In no circumstance ... may a defendant, who has secured the benefits of a plea agreement and knowingly and voluntary waived the right to appeal a certain sentence, then appeal the merits of a sentence conforming to the agreement.” United States v. Salcido-Contrer-as, 990 F.2d 51, 53 (2d Cir.1993); see United States v. Rivera, 971 F.2d 876, 896 (2d Cir.1992) (<HOLDING>). For the reasons set forth above, the judgment Options: A. holding that defendants failure to appeal the voluntariness of a plea constitutes waiver of the issue on subsequent appeal B. holding that the united states breach of the plea agreement releases the defendant from the appeal waiver C. holding that a plea agreement with a waiver of direct appeal rights does not include a waiver of collateral remedies because the government could have included a waiver of collateral rights in the plea agreement and chose not to do so D. holding that a waiver of right to appeal contained in a plea agreement is enforceable E. holding appeal waiver in conditional guilty plea agreement precluded defendant from asserting new argument on appeal in support of suppression motion

assistant: The best answer is D. holding that a waiver of right to appeal contained in a plea agreement is enforceable
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: Whenever notice is required to be given under this Note, unless otherwise provided herein, such notice shall be given in accordance with Section 9(f) of the Securities Purchase Agreement. The Company shall provide the Holder with prompt written notice of all actions taken pursuant to this Note, including in reasonable detail a description of such action and the reason therefore. Without limiting the generality of the foregoing, the Company shall give written notice to the Holder (i) immediately upon any adjustment of the Conversion Price, setting forth in reasonable detail, and certifying, the calculation of such adjustment and (ii) at least twenty (20) days prior to the date on which the Company closes its books or takes a record (A) with respect to any dividend or distribution upon the Common Stock, (B) with respect to any grants, issuances or sales of any Options, Convertible Securities or rights to purchase stock, warrants, securities or other property to holders of shares of Common Stock or (C) for determining rights to vote with respect to any Fundamental Transaction, dissolution or liquidation, provided in each case that such information shall be made known to the public prior to or in conjunction with such notice being provided to the Holder.

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: Except for discussions specifically regarding the offer and sale of the Securities and for the preliminary financial results for the Partnership for the quarter ended June 30, 2016 (the “ Preliminary Q2 Information ”), the Partnership confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that constitutes or could reasonably be expected to constitute material, nonpublic information concerning the Partnership or any of its Subsidiaries, other than the existence of the transactions contemplated by this Agreement and the other Transaction Documents. The Partnership understands and confirms that each of the Purchasers will rely on the foregoing representations in effecting transactions in securities of the Purchasers. The Preliminary Q2 Information is true and correct and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading, except that the Preliminary Q2 Information is subject to finalization and such other information as will be included in the Partnership’s quarterly report on Form 10-Q for such period. No event or circumstance has occurred or information exists with respect to the Partnership or any of its Subsidiaries or its or their business, properties, liabilities, prospects, operations (including results thereof) or conditions (financial or otherwise), which, under applicable law, rule or regulation, requires public disclosure at or before the date hereof or announcement by the Partnership but which has not been so publicly announced or disclosed. The Partnership acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Article IV.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate upon the earlier to occur of (x) the permanent reduction of the Series 2018-1 Class A-1 Notes Maximum Principal Amount to zero in accordance with Section 2.05(a) and payment in full of all monetary Obligations in respect of the Series 2018-1 Class A-1 Notes, (y) the payment in full of all monetary Obligations in respect of the Series 2018-1 Class A-1 Notes on or after the Class A-1 Notes Renewal Date (as may be extended from time to time) and (z) the satisfaction and discharge of the Indenture pursuant to Article Twelve of the Base Indenture.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you can use nintendo shopping services to acquire digital products from noe , free of charge or against payment , as well as to download and use digital products on your user device and/or via nintendo account services .

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: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys’ fees and expenses in addition to any other relief to which he or it may be entitled.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the other provisions hereof, this Agreement is intended to comply with the requirements of section 409A of the Code, to the extent applicable, and this Agreement shall be interpreted to avoid any penalty sanctions under section 409A of the Code. Accordingly, all provisions herein, or incorporated by reference, shall be construed and interpreted to comply with section 409A and, if necessary, any such provision shall be deemed amended to comply with section 409A of the Code and regulations thereunder. If any payment or benefit cannot be provided or made at the time specified herein without incurring sanctions under section 409A of the Code, then such benefit or payment shall be provided in full at the earliest time thereafter when such sanctions will not be imposed. For purposes of section 409A of the Code, each payment made under this Agreement shall be treated as a separate payment. In no event may the Executive, directly or indirectly, designate the calendar year of payment.

assistant: Interpretations