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: 115 S.Ct. at 391. The Court stated that a party who settles rather than completing an appeal “has voluntarily forfeited his legal remedy by the ordinary processes of appeal ..., thereby surrendering his claim to the equitable remedy of vacatur. The judgment is not unreviewable, but simply unreviewed by his own choice.” Id. at —, 115 S.Ct. at 392. Accordingly, the Court examined the equitable considerations involved in allowing vacatur after settlement. Foremost in the concerns of the Court was the public interest, which the Court concluded would be best served by preserving judicial precedent where a party voluntarily relinquishes the right to appeal through prescribed channels. Id.; see also Oklahoma Radio Assoc. v. Federal Deposit Insurance Corp., 3 F.3d 1436, 1444 (10th Cir.1993) (<HOLDING>). Issue preclusion, like vacatur, is an Options: A. recognizing under bancorp an exception could be made even for settled cases where exceptional circumstances counsel in favor of vacatur B. recognizing before bancorp the problems with allowing parties to contract around the existence of negative precedent through settlement and vacatur C. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract D. holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties E. holding that parol evidence is admissible to establish a condition precedent to the existence of a contract

assistant: The best answer is B. recognizing before bancorp the problems with allowing parties to contract around the existence of negative precedent through settlement and vacatur
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 decision, and this is how the INS has consistently understood these terms.”); Fierro v. Reno, 217 F.3d 1, 4 (1st Cir.2000) (“[Sjubject to possible limitation, we think that the requirement of ‘legal custody’ in section 1432 should be taken presumptively to mean legal custody under the law of the state in question.”). Our decision to look to state law is consistent with our practice in other areas of federal law generally, and immigration law specifically. For example, entitlement to federal social security benefits often hinges on marital status as defined by state law. See Califano v. Jobst, 434 U.S. 47, 52-53 n. 8, 98 S.Ct. 95, 54 L.Ed.2d 228 (1977); Purganan v. Schweiker, 665 F.2d 269, 270-71 (9th Cir.1982); see also Gillett-Netting v. Barnhart, 371 F.3d 593, 599 (9th Cir.2004) (<HOLDING>). Similarly, in the immigration context, Options: A. holding that the federal due process clause protects a state employee who under state law has a legitimate claim of entitlement to state employment B. holding that statute does not provide for the adjudication by the alj of a state law breach of contract action for damages that is independent of the aljs determination of entitlement to benefits under the terms of the applicable agreement C. holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law D. holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law E. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest

assistant: The best answer is D. holding that whether children are legitimate for purposes of entitlement to insurance benefits is determined by state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The Subordinated Debtors agree to reimburse the Administrative Agent and the Senior Lenders for their reasonable out-of-pocket expenses incurred hereunder or in connection herewith as provided in Section 9.03 of the Credit Agreement; provided that each reference therein to “the Company” shall be deemed to be a reference to “the Subordinated Debtors”.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the provisions of this Agreement shall survive the Closing indefinitely, except that the representations and warranties of Seller and Owner, on one hand, and the representations and warranties of Buyer on the other hand, shall survive until the first anniversary of the Closing Date.

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: The Borrower acknowledges that a breach by it of its obligations hereunder will cause irreparable harm to the Holder, by vitiating the intent and purpo se of the transaction contemplated hereby. Accordingly, the Borrower acknowledges that the remedy at law for a breach of its obligations under this Note will be inadequate and agrees, in the event of a breach or threatened breach by the Borrower of the provisions of this Note, that the Holder shall be entitled, in addition to all other available remedies at law or in equity, and in addition to the penalties assessable herein, to an injunction or injunctions restraining, preventing or curing any breach of this Note and to enforce specifically the terms and provisions thereof, without the necessity of showing economic loss and without any bond or other security being required.

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: evidence of extraneous offenses of delivery of narcotics and possession of weapons to be admitted with no objection). Here, Garcia’s counsel repeatedly elicited or opened the door to evidence that set his client up for impeachment by the State and damaged Garcia’s credibility with the jury. Given the inherently prejudicial nature of extraneous offense evidence, the fact that the evidence would not have been otherwise admissible by the State during guilt/innocence, and the fact that Garcia’s defense rested almost entirely on his credibility, there could have been no reasonable trial strategy for Garcia’s counsel to elicit and open the door to the similar extraneous offense and the numerous instances of “bad acts.” See Robertson v. State, 187 S.W.3d 475, 484-86 (Tex.Crim.App.2006) (<HOLDING>); see also Ex parte Menchaca, 854 S.W.2d 128, Options: A. holding that where defense turned on defendants credibility there could be no strategic basis for allowing jury to hear defendant had prior conviction for same offense for which he was being tried and concluding counsel rendered ineffective assistance B. holding that where defense depended on defendants credibility there was no possible reasonable strategy and defense counsel rendered deficient performance by intentionally eliciting and opening the door to otherwise inadmissible and clearly prejudicial evidence of defen dants current incarceration on two prior convictions one of which involved similar conduct to the charged offense during the guiltinnocence phase C. holding trial record affirmatively showed defense counsel rendered ineffective assistance by purposefully eliciting testimony as to defendants remote prior conviction for a different offense where there could be no possible reasonable strategy because defendants credibility was crucial to his alibi defense D. holding counsel deficient because she could have had no reasonable basis for not objecting to certain inadmissible evidence despite no evidence of counsels strategy E. holding that defense counsel opened the door to the prosecutions questioning of the defendant about prior convictions when defense counsel asked a prosecution witness whether he was aware that the defendant was a convicted felon

assistant: The best answer is B. holding that where defense depended on defendants credibility there was no possible reasonable strategy and defense counsel rendered deficient performance by intentionally eliciting and opening the door to otherwise inadmissible and clearly prejudicial evidence of defen dants current incarceration on two prior convictions one of which involved similar conduct to the charged offense during the guiltinnocence phase
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: 2 . See Favoccia, 306 Conn. 770, 51 A.3d at 1015 n. 26 (surveying cases); see also United States v. Lukashov, 694 F.3d 1107, 1116 (9th Cir.2012) ("We conclude that the district court did not abuse its discretion in allowing [the doctor] to testify about the characteristics that she looks for when assessing a child victim's story of sexual abuse, and to opine that her evaluation of [the child] was consistent with [the child’s] allegations of sexual abuse.”); Steward v. State, 636 N.E.2d 143, 146 (Ind.Ct.App.1994) (“Indiana courts have consistently allowed expert testimony concerning whether a particular victim’s behavior is consistent with the behavioral patterns of victims of sexual abuse.”), aff'd, 652 N.E.2d 490 (Ind.1995); State v. McIntosh, 274 Kan. 939, 58 P.3d 716, 728-30 (2002) (<HOLDING>); Spicola, 922 N.Y.S.2d 846, 947 N.E.2d at 635 Options: A. holding that proper foundation existed for qualified experts testimony regarding child sexual abuse accommodation syndrome where expert had extensive training and experience with sexually abused children expert testified regarding the characteristics of the syndrome and its recognition by specific agencies and defense counsel rigorously crossexamined witness concerning the basis of her knowledge of the victims conduct B. holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case C. holding admission of expert testimony not erroneous where expert described typical traits and characteristics of sexually abused children D. holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics E. holding that an expert testifying to child sexual abuse symptoms must limit the testimony to general characteristics that cannot directly concern the particular victims

assistant: The best answer is D. holding that the testimony of an expert witness is admissible when the witness outlines the general characteristics of sexually abused children and then states that the victims symptoms are consistent with those characteristics
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: demonstrated sufficient “cause” to obtain relief from the stay. Allowing the Lawsuit to proceed would have a substantial adverse effect on the estate and other Recall Claimants. The Court will therefore deny Swain’s motion. The Court will, however, set a status conference in the near future on the Trustee’s insurance policy buy back efforts. If it appears that the Trustee will not be able, timely, to pool the available insurance funds for the benefit of Swain and the other Recall Claimants, the Court will revisit Swain’s stay relief request. A separate order will be entered consistent with this Memorandum Opinion. 1 . In making these findings, the Court took judicial notice of the docket. See St. Louis Baptist Temple, Inc. v. Fed. Deposit Ins. Corp., 605 F.2d 1169, 1172 (10th Cir.1979) (<HOLDING>); In re Mailman Steam Carpet Cleaning Corp., Options: A. recognizing that a court may rely on matters of which a court may take judicial notice B. recognizing a district judge may dismiss a case sua sponte under either rule 41b or its inherent authority to manage its docket C. recognizing that the court may take judicial notice of its own docket D. holding that a court may sua sponte take judicial notice of its docket E. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff

assistant: The best answer is D. holding that a court may sua sponte take judicial notice of its docket
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: Upon the request of Purchaser, Merchant, at Merchant’s sole cost and expense, shall execute and deliver all such further UCC-1s, continuation statements, assurances and assignments of the Collateral and consents with respect to the pledge of the Collateral and the execution of this Pledge, and shall execute and deliver such further instruments, agreements and other documents and do such further acts and things, as Purchaser may request in order to more fully effectuate the purposes of this Pledge and the assignment of the Collateral and obtain the full benefits of this Pledge and the rights and powers herein created.

assistant: Further Assurances
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 class are tainted with the mischief, but there are others also tainted whom the classification does not include.” Joseph Tussmann and Jacobus tenBroek, The Equal Protection of the Laws, 37 Cal.L.Rev. 341, 348 (1949). See also Melville B. Nimmer, Nimmer on Freedom of Speech § 2.06[B] (1984 & Supp.1992 (Rodney A. Smolla, Ed.)). In First Amendment cases that involve the differential treatment of speakers, “[a]s in all equal protection cases ... the crucial question is whether there is an appropriate governmental interest suitably furthered by the differential treatment.” 2603, 105 L.Ed.2d 443 (1989) (striking down prohibition on disclosure of sexual offense victims’ names where prohibition applied only to instruments of mass communication); Carey, 447 U.S. at 465, 100 S.Ct. at 2292 (<HOLDING>). Second, the Court has consistently held that Options: A. holding that defendants lacked a reasonable expectation of privacy in common area of residential building B. holding that governments asserted interest in protecting the privacy of arrestees is substantial under central hudson C. recognizing the public interest exception D. holding unconstitutional prohibition on residential picketing in part because exception for peaceful labor picketing was unrelated to asserted interest in promoting the privacy of the home E. recognizing an overwhelming public interest in promoting improvement in health care through the mechanism of physician peer review

assistant: The best answer is D. holding unconstitutional prohibition on residential picketing in part because exception for peaceful labor picketing was unrelated to asserted interest in promoting the privacy of the home
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: trans. denied. The State concedes in its brief that Carter's theft conviction should be vacated. Accordingly, we vacate Carter's conviction and sentence for theft. CONCLUSION The trial court did not abuse its discretion when exeluding certain evidence, and the prosecutor's actions were not misconduct resulting in fundamental error. However, Carter's convictions of theft and robbery based on the same act subjected him to double jeopardy and, accordingly, his conviction of theft must be vacated. Affirmed in part and reversed in part. BAILEY, J., and BARNES, J., concur. 1 . Ind.Code § 35-43-4-2(a). 2 . Ind.Code § 35-42-5-1. 3 . Any argument regarding violation of a store policy is more appropriate for a civil case. See Wal-Mart v. Bathe, 715 N.E.2d 954, 958 (Ind.Ct.App.1999) (<HOLDING>), trans. denied. 4 . Immediately following the Options: A. holding a merchant may be liable in negligence for exercising authority granted under the shoplifter detention act B. holding that hospital may be held liable for negligence of emergency room physicians under apparent agency doctrine C. holding that individual defendants may not be held liable for violations under title vii D. holding that a municipality may not be held liable under section 1983 under a theory of respondeat superi or but may be liable for policies or customs that violate an employees constitutional rights E. holding individual employees may be liable under title vii

assistant: The best answer is A. holding a merchant may be liable in negligence for exercising authority granted under the shoplifter detention act
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: became final. Consequently, 558 days (198 added to 360) passed between the time Mr. Bisner’s state convictions became final and the time he filed his federal habeas petition. Because this passage of time well exceeds the applicable one-year statute of limitations, the district court was correct in concluding that Mr. Bisner’s petition was untimely. In addition to arguing that his petition was timely filed, Mr. Bisner also argues for equitable tolling based on the fact that he lacked a law library, legal training, and knowledge of the limitations period, and had only limited assistance from prison contract attorneys. We have limited equitable tolling of the one-year limitations period to “rare and exceptional” circumstances. Gibson v. Klinger, 232 F.3d 799, 808 (2000). In ir.2000) (<HOLDING>); Miller v. Marr, 141 F.3d 976, 978 (10th Options: A. holding delays caused by prison inmate law clerk and law library closures do not justify equitable tolling B. holding that allegations of a total denial of all access to the prison law library for 25 days following a prison riot stated a constitutional violation C. holding that attorneys mental illness may justify equitable tolling D. holding that the 120day filing period is subject to equitable tolling and addressing circumstances warranting equitable tolling E. holding that attorney miscalculation of aedpa time period did not justify equitable tolling

assistant: The best answer is A. holding delays caused by prison inmate law clerk and law library closures do not justify equitable tolling
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: I acknowledge that my exercise of the Option may result in Tax Obligations which require the Company to withhold certain amounts to satisfy federal, state, local, and/or foreign taxes. I agree to satisfy such tax withholding obligations as described in Section 8 of the Award Agreement.

assistant: Tax 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 legal provision and list the applicable contract clause categories. Provision: None of the Loan Parties owns any real property. Each Loan Party and each of its Subsidiaries owns good title to, or in the case of leased assets, has a valid leasehold interest in, or in the case of intellectual property rights, has a valid and enforceable rights to use, all of its properties and assets, real and personal, tangible and intangible, of any nature whatsoever (including patents, trademarks, trade names, service marks and copyrights), free and clear of all Liens, charges and claims (including infringement claims with respect to patents, trademarks, service marks, copyrights and the like) except for Liens permitted by Section 11.2 . No financing statement or other public notice with respect to all or any part of the Collateral is on file or of record in any public office, except filings evidencing Liens permitted by Section 11.2 , and filings for which termination statements have been delivered to Administrative Agent.

assistant: Liens
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 court, however, did not suggest that any hearing was required before termination of the contract itself. In the case at bar, of course, only the contract was terminated, Dr. Boucvalt was not deprived of his medical staff privileges. We decline to apply the predeprivation hearing requirement of Louder-mill/Roth/Sindermann so as to federalize all contract law. See Casey v. Depetrillo, 697 F.2d 22, 23 (1st Cir.1983); Findeisen, 749 F.2d at 240-41 (concurring opinion); Vail, 706 F.2d at 1456 (dissenting opinion). In the present case, the traditional postdeprivation contract remedy constitutes all the process that was due. Cf. Hudson v. Palmer, 468 U.S. 517, 104 S.Ct. 3194, 3204, 82 L.Ed.2d 393 (1984); Parrott v. Taylor, 451 U.S. 527, 543-44, 101 S.Ct. 1908, 1917, 68 L.Ed.2d 420 (1981) (<HOLDING>). If Boucvalt was entitled to some Options: A. holding that a prison guards intentional destruction of a prisoners possessions did not give rise to a federal due process claim because state law provided an adequate postdeprivation tort remedy B. holding that postdeprivation tort remedy constitutes all the process that is due for unauthorized negligent and intentional torts by state officials C. holding that meaningful postdeprivation hearing is sufficient to remedy unauthorized intentional deprivations of inmates property D. holding postdeprivation remedy is adequate even when deprivation was intentional E. holding that deprivation of property does not violate due process if a meaningful postdeprivation remedy is available and explaining that state tort actions are meaningful postdeprivation remedies

assistant: The best answer is B. holding that postdeprivation tort remedy constitutes all the process that is due for unauthorized negligent and intentional torts by state officials
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 payment of any amount pursuant to this Agreement shall be subject to applicable withholding and payroll taxes, and such other deductions as may be required under the applicable law or Company’s employee benefits plans, if any.

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 legal provision and list the applicable contract clause categories. Provision: The representations and warranties contained in Section 3 hereof shall be true and correct on and as of the date of the making of the Loans and the date of any advance under the Line of Credit with the same effect as if made on and as of such date, and no Event of Default or Default shall be in existence on the date of the making of Loans or such advance or shall occur as a result thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant acknowledges that the terms and conditions of this Lease are to remain confidential for Landlord’s be nefit, and may not be disclosed, except to the extent required by applicable law or regulation (including applicable stock exchange regulations), by Tenant or Tenant’s broker to anyone, by any manner or means, directly or indirectly, without Landlord’s prior written consent, except for Tenant’s partners, lenders, accountants and attorneys who have been advised of the confidentiality provisions contained herein and agree to be bound by the same. Tenant shall also cause its broker to keep all such information regarding this Lease confidential, and shall include in its agreement with said broker an affirmative duty of broker to keep all such information confidential. The consent by Landlord to any disclosures shall not be deemed to be a waiver on the part of Landlord of any prohibition against any future disclosure .

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: The Plan is discretionary in nature and may be suspended or terminated by the Company at any time. With respect to the Plan, (a) each grant of a Cash Award is a one-time benefit which does not create any contractual or other right to receive future grants of Cash Awards, or benefits in lieu of a Cash Award; (b) all determinations with respect to any such future grants, including, but not limited to, the times when the Cash Award shall be granted, the amount of the Cash Award, the Payment Dates and the Vesting Dates, will be at the sole discretion of the Company; (c) the Employee’s participation in the Plan shall not create a right to further employment with the Employee’s employer and shall not interfere with the ability of the Employee’s employer to terminate the Employee’s employment relationship at any time with or without cause; (d) the Employee’s participation in the Plan is voluntary; and (e) the Cash Award is not part of normal and expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payment, bonuses, long-service awards, pension or retirement benefits, or similar payments.

assistant: Employment
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: it was with their permission. See, R. House Dep., at 39; N. House Dep., at 76-77. Also, Mrs. House testified that Leske had stayed overnight at their residence “once in a while before,” and that there existed a standing agreement, between themselves, and Leske, that she could stay overnight whenever she wanted. See, N. House Dep., at 77. Further, about a week to ten days after the date of service, the Defendants wer 30 F.Supp. 844, 845 (S.D.N.Y.1977) (stating adult daughter, who was home from college overnight, was residing at her parents’ home); Magazine v. Bedoya, 475 So.2d 1035, 1035-36 (Fla.App.1985) (concluding mother-in-law, who was visiting defendant for six weeks, and who told process server that she lived there, was resid ing there); Sangmeister v. McElnea, supra at 676-77 (<HOLDING>); Plushner v. Mills, supra at 446 (concluding Options: A. holding babysitter was not residing therein B. holding fourmonth visitor was residing therein C. holding housekeeper did not reside therein D. holding tenday visitor not residing therein E. holding that a tenday visitor was not residing therein

assistant: The best answer is B. holding fourmonth visitor was residing therein
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 Borrower Party and each Subsidiary thereof (a) has all Governmental Approvals required by any Applicable Law for it to conduct its business, each of which is in full force and effect, is final and not subject to review on appeal and is not the subject of any pending or, to its knowledge, threatened attack by direct or collateral proceeding, (b) is in compliance with each Governmental Approval applicable to it and in compliance with all other Applicable Laws relating to it or any of its respective properties and (c) has timely filed all material reports, documents and other materials required to be filed by it under all Applicable Laws with any Governmental Authority and has retained all material records and documents required to be retained by it under Applicable Law except in each case (a), (b) or (c) where the failure to have, comply or file could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Digirad Nominees agree to provide a signed agreement pursuant to which he (i) provides information required for the Company to comply with its disclosure requirements for nominating the Digirad Nominees in the Company’s proxy statement for the 2017 Meeting, (ii) consents to serve as a director of the Company, if elected, and to be included in the Company’s proxy statement and proxy card and (iii) agrees to be governed by the same protections and obligations regarding confidentiality, fiduciary duties, codes of conduct and other governance guidelines and policies of the Company as other directors, and shall be required to preserve the confidentiality of Company business and information, including discussions or matters considered in meetings of the Board or Board committees, and shall have the same rights and benefits, including with respect to insurance, indemnification, compensation and fees, as are applicable to all independent directors of the Company; provided , however , that the Digirad Nominees may provide confidential information of the Company which such Digirad Nominee learns in his capacity as director (collectively, “ Company Confidential Information ”) to the members of the Digirad Group, their officers, directors and advisors, as applicable (collectively, “ Digirad Representatives ”), in each case solely to the extent such Digirad Representative needs to know such information in connection with the Digirad Group’s investment in the Company; provided that such Digirad Nominee shall inform such Digirad Representatives of the confidential nature of any such Company Confidential Information; and provided further that neither the Digirad Group, any member thereof nor any other Digirad Representative (a) shall further disclose such Company Confidential Information for any reason or by any means, and (b) shall use such Company Confidential Information in any way other than in connection with the Digirad Group’s investment in the Company. By signing below, each member of the Digirad Group agrees to the confidentiality restrictions on disclosure and use of Company Confidential Information as set forth above and acknowledges that such Confidential Information may not be used in violation of this Agreement or securities laws applicable to trading on material nonpublic information. In furtherance of the foregoing, in the event of any breach of this Section 1(e) that the Company can establish by clear and convincing evidence, and without limiting other remedies of the Company, the Digirad Nominees shall tender their resignations to the Board to be accepted or rejected in the discretion of the Board.

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: There is no claim, action, suit, proceeding, arbitration, complaint, charge or investigation pending or, to the Company’s knowledge, currently threatened against the Company that would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect. Neither the Company nor, to the Company’s knowledge, any of its officers or directors is a party to or named as subject to the provisions of any order, writ, injunction, judgment or decree of any court or government agency or instrumentality (in the case of officers and directors, such as would affect the Company). There is no action, suit, proceeding or investigation by the Company pending or which the Company intends to initiate. The foregoing includes, without limitation, actions, suits, proceedings or investigations pending or threatened (or any basis therefor known to the Company) involving the prior employment of any of the Company’s employees, their services provided in connection with the Company’s business, or any information or techniques allegedly proprietary to any of their former employers, or their obligations under any agreements with prior employers.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: both that he was awarded an $800 performance award in 1998 and that “each member of [his] department received the same ‘pass’ rating as [Nurriddin].”' Pl.’s Opp’n at 11. Undeterred, he now argues that he suffered discrimination and retaliation when he was awarded “only an $800 performance award.” Id. For an action to be adverse, it must .“affect [the employee’s] position, grade level, salary, or promotion opportunities.” Baloch, 550 F.3d at 1199. Here, the parties do not present arguments about whether a “diminished” performance award is an adverse action. Because Nurriddin’s receipt of an $800 award, rather than a larger amount, would have affected his compensation, the Court will assume it represents an adverse action. See, e.g., Russell v. Principi, 257 F.3d 815, 819 (D.C.Cir.2001) (<HOLDING>). Nevertheless, Nurriddin fails to provide any Options: A. holding that a negative criticism or performance evaluation unaccompanied by a materially adverse change in the terms or conditions of employment does not constitute adverse employment action B. holding that a negative performance evaluation on its own is insufficient to constitute an adverse employment action as a matter of law C. holding that because a lower performance evaluation resulted in a lower bonus amount which is analogous to ones salary or to a benefit of ones employment it was adverse D. holding so under circumstances similar to the present ones E. holding that denial of a bonus was not an adverse employment action

assistant: The best answer is C. holding that because a lower performance evaluation resulted in a lower bonus amount which is analogous to ones salary or to a benefit of ones employment it was adverse
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 Amendment may be executed in any number of counterparts, and by different parties hereto on separate counterpart signature pages, and all such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of a counterpart signature page by facsimile transmission or by e-mail transmission of a portable document format file (also known as a “ PDF ” file) shall be effective as delivery of a manually executed counterpart signature page. Section headings used in this Amendment are for reference only and shall not affect the construction of this Amendment.

assistant: Miscellaneous
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: Cir.2004) (en banc) (citation omitted). A “bruised ego” or a “mere inconvenience or an alteration of job responsibilities” is not sufficient to constitute an adverse employment action. Id. at 797. Adverse employment actions are typically marked by a “significant change in employment status,” including “hiring, firing, failing to promote, reassignment with significantly different responsibilities, or a decision causing a significant change in benefits.” Id. at 798 (quoting Burlington Indus. v. Ellerth, 524 U.S. 742, 761, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)). Reassignments and position transfers can qualify as adverse employment actions, particularly where they are accompanied by “salary or work hour changes.” See Kocsis v. Multi-Care Mgmt., Inc., 97 F.3d 876, 885-86 (6th Cir.1996) (<HOLDING>). And even if a reassignment is not paired with Options: A. holding that a transfer of job duties can constitute an adverse employment action B. holding that suspension with pay was not adverse employment action C. holding that removal of job responsibility did not constitute an adverse employment action because there was no change in the plaintiffs job position grade pay or benefits D. holding that a change in job duties was not an adverse employment action where the new job duties did not constitute qualitatively inferior work requiring any less skill or knowledge E. holding that a job transfer was not an adverse employment action because the plaintiff enjoyed the same rate of pay and benefits and her duties were not materially modified

assistant: The best answer is E. holding that a job transfer was not an adverse employment action because the plaintiff enjoyed the same rate of pay and benefits and her duties were not materially modified
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: If the Confidential Information is sought by any third party, including by way of subpoena or other court process, the Recipient shall inform the Disclosing Party of the request in sufficient time to permit the Disclosing Party to object to and, if necessary, seek court intervention to prevent the disclosure.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by each of the Borrower and the REIT Guarantor in accordance with its terms do not and will not, by the passage of time, the giving of notice, or both: (i) require any Governmental Approval or violate any Applicable Law (including all Environmental Laws) relating to the Borrower, the REIT Guarantor, any Subsidiary of the Borrower, or any other Obligor to comply; (ii) conflict with, result in a breach of or constitute a default under the organizational documents of the Borrower, the REIT Guarantor, or any material indenture, agreement or other instrument to which the Borrower, the REIT Guarantor, any Subsidiary of the Borrower, or any other Obligor is a party or by which it or any of its respective material properties may be bound; or (iii) result in or require the creation or imposition of any Lien upon or with respect to any property now owned or hereafter acquired by the Borrower, the REIT Guarantor, any Subsidiary of the Borrower, or any other Obligor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: was during the perpetration of a felony because it was committed at the same place where the burglary was committed and also before the burglary was completed. Those facts are obviously distinguishable from the instant case in that the shooting here took place hours after and miles away from the commission of the other felonies. In short, nothing in Fetterly even supports, much less compels, the majority’s conclusion. In sum, there is insufficient evidence to support the jury’s finding that James Pratt committed first degree murder. Because he did not commit a crime for which the death penalty is a potential punishment, this Justice concurs in the result in part XVI(C) (death penalty disproportionate). In light of the above, I express no opinion as to the issues discussed in parts VIII (<HOLDING>), X (consideration of mitigating Options: A. holding when it is not clear that the sentencing judge would have imposed the same sentence if a lower sentencing range would have been available remand is required B. holding that at resentencing the state must present evidence on an enhanced sentencing factor despite having done so at the prior sentencing hearing C. holding that the boyce evidence was made available to james pratt prior to sentencing D. holding that disgorgement was appropriate only as to the profits made prior to the time insider information was made public E. recognizing that sentencing facts are based on the evidence and testimony presented at sentencing under a preponderance of the evidence standard

assistant: The best answer is C. holding that the boyce evidence was made available to james pratt prior to sentencing
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: damages was not justified. On appeal, Modern Woodmen argues that even if Mr. Webb’s “conduct was tantamount to willful, wanton, or reckless,” Modern Woodmen should not have to pay punitive damages because they did not authorize or ratify the misconduct. In Syllabus Point 3, Warden v. Bank of Mingo, 176 W.Va. 60, 341 S.E.2d 679 (1985), we stated: “To sustain a claim for punitive damages, the wrongful act must have been done maliciously, wantonly, mischievously, or with criminal indifference to civil obligations. A wrongful act, done under a bona fide claim of right, and without malice in any form, constitutes no basis for such damages.” Syl. pt. 3, Jopling v. Bluefield Water Works & Improvement Co., 70 W.Va. 670, 74 S.E. 943 (1912). See Hayseeds, supra 177 W.Va. at 330, 352 5.E.2d at 80 (<HOLDING>); Syllabus Point 1, Shamblin v. Nationwide Mut. Options: A. holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 B. holding that a further finding that the insured intended to injure the defendant would preclude any liability for the insurer for indemnification of compensatory or punitive damages C. holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 D. holding that a refusal to grant such a petition should nevertheless be accompanied by reasons therefore E. holding that an insurer is not liable for punitive damages by its refusal to pay a claim unless such refusal is accompanied by a malicious intent to injure or defraud

assistant: The best answer is E. holding that an insurer is not liable for punitive damages by its refusal to pay a claim unless such refusal is accompanied by a malicious intent to injure or defraud
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 Borrower is, and upon the incurrence of any Obligations by the Borrower on any date on which this representation and warranty is made or deemed made, the Borrower will be, Solvent.

assistant: Solvency
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: Borrowers shall use the proceeds of Loans solely for working capital needs of Borrowers and their Subsidiaries. No portion of the proceeds of the Loans will be used for family, personal, agricultural or household use.

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: it is impossible to know whether the jury’s “Yes” answer to Question 3 is a finding that the Association made a negligent misrepresentation on which the Feldmans or the Trustee — or both — justifiably relied. See In re United Scaffolding, 377 S.W.3d 685, 689-90 & n. 3 (Tex.2012) (observing that the use of and/or in legal documents “inherently leads to ambiguity and confusion”). Because the jury’s ambiguous answers are not findings of liability to each plaintiff, they cannot support a judgment. See W & F Transp., 208 S.W.3d at 47 (reversing trial court’s judgment and rendering take-nothing judgment for two defendants because verdict did not establish individual liability of either defendant); J & C Drilling Co. v. Salaiz, 866 S.W.2d 632, 640-41 (Tex.App.-San Antonio 1993, no writ.) (<HOLDING>). The remainder of the jury charge does not Options: A. holding that counsels ambiguous statement during argument on summary judgment motion did not constitute waiver B. holding exclusion was not ambiguous C. holding that another courts decision is a proper subject of judicial notice D. holding proper basis for award of fees E. holding ambiguous finding that one or another defendant was liable did not provide a proper basis for judgment

assistant: The best answer is E. holding ambiguous finding that one or another defendant was liable did not provide a proper basis for judgment
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: for the avoidance of doubt , ( a ) it administrators working on behalf of a company may download and install the skype software onto personal computers or other devices used by personnel of such company ; and ( b ) you are permitted to use the software at a university or other educational institution , or at work .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: when such an agreement is made , the host agrees to pay the co-host services fee for any confirmed booking of their listing , which will be deducted directly from the listing fee after deduction of any applicable host fee .

assistant: None