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: held, testimony about a conspirator’s intentions alone, even without physical evidence, may be sufficient to establish the amount of drugs contemplated as the object of a conspiracy. See United States v. Lam Kwong-Wah, 924 F.2d 298, 305-06 & n. 4 (D.C.Cir.1991). Where there is physical evidence, the case is that much stronger. In sum, the district court did not include the seized PCC in determining the weight of a “mixture or substance” under Application Note 1 to § 2D1.1, but instead used the PCC as evidence to calculate the weight of pure PCP that was the object of Young’s conspiracy, as prescribed by Application Note 12 to § 2D1.1 and Application Note 2 to § 2D1.4. As defendant conceded at oral argument, the latter notes were unaffected by Amendment 484. See Allison, 63 F.3d at 353 (<HOLDING>). For that reason, Young’s motion to reduce his Options: A. holding that amendment 484 does not speak to the situation in which the district court is sentencing the defendant based on the size and capability of the laboratory involved B. holding that heightened evidentiary standard of proof is not required where the sentencing enhancement is based entirely on the extent of the conspiracy to which the defendant pled guilty C. holding that a district court may not impose a sentencing enhancement based on conduct of which the jury acquitted the defendant D. holding that the fourteenth amendment does not apply to the district of columbia E. holding that the district court should not have considered a 2255 petition based on an alleged misapplication of the sentencing guidelines

assistant: The best answer is A. holding that amendment 484 does not speak to the situation in which the district court is sentencing the defendant based on the size and capability of the laboratory involved
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to (and not in any way in limitation of) any other terms or provisions of this Agreement or any other Loan Document or LC Document providing for the indemnification of any Issuing Bank or otherwise, each Borrower agrees to indemnify, defend and hold harmless each Issuing Bank Indemnitee (to the fullest extent permitted by law) from and against any and all claims, demands, suits, actions, investigations, proceedings, liabilities, fines, costs, penalties, and damages, and all reasonable fees and disbursements of attorneys, experts, or consultants and all other costs and expenses actually incurred in connection therewith or in connection with the enforcement of this indemnification (as and when they are incurred and irrespective of whether suit is brought), which may be incurred by or awarded against any Issuing Bank Indemnitee (other than Taxes, which shall be governed by Section 5.8 ) (collectively, the “ Letter of Credit Indemnified Costs ”), and which arise out of or in connection with, or as a result of this Agreement, any Letter of Credit, any LC Document, or any Drawing Document referred to in or related to any Letter of Credit, or any action or proceeding arising out of any of the foregoing (whether administrative, judicial or in connection with arbitration); in each case, including that resulting from such Issuing Bank Indemnitee’s own negligence, whether brought by a third party or by a Borrower or any other Obligor; provided , however , that such indemnity shall not be available to any Issuing Bank Indemnitee claiming indemnification to the extent that such Letter of Credit Indemnified Costs may be finally determined in a final, non-appealable judgment of a court of competent jurisdiction to have resulted directly from the gross negligence or willful misconduct of the Issuing Bank Indemnitee claiming indemnity. This indemnification provision shall survive termination of this Agreement and all Letters of Credit.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice or other required communication (each, a “Notice”) must be in writing, addressed to the party's respective Notice Address listed on the signature page, and delivered: (a) personally; (b) by certified mail, postage prepaid, return receipt requested; (c) by recognized overnight courier service, charges prepaid; or (d) by facsimile. A Notice will be deemed received: if delivered personally, on the date of delivery; if mailed, five (5) days after deposit in the United States mail; if sent via courier, one (1) business day after deposit with the courier service; or if sent via facsimile, upon receipt of confirmation of transmission provided that a confirming copy of such Notice is sent by certified mail, postage prepaid, return receipt requested.

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: if a payment is not successfully settled , due to expiration , insufficient funds , or otherwise , and you do not edit your payment method information or cancel your subscription , you remain responsible for any uncollected amounts and authorize us to continue billing the payment method , as it may be updated .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Subject to Section 9.03 , all payments of principal, interest, prepayment premiums and fees on the Loans and all other Obligations payable by any Loan Party under the Loan Documents shall be due, without any presentment thereof, directly to the Lenders, at the respective Lending Offices of the Lenders; provided , that , if at the time of any such payment a Lender is a Defaulting Lender, such Defaulting Lender’s pro rata share of such payment shall be made directly to the Administrative Agent. The Loan Parties will make such payments in Dollars, in immediately available funds not later than 2:00 p.m. on the date due, marked for attention as indicated, or in such other manner or to such other account in any United States bank as the Lenders may from time to time direct in writing. All payments received by the Lenders after 2:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ‘requirements’ as used in § 360k encompasses state common law claims."), cert. denied, - U.S. -, 116 S.Ct. 67, - L.Ed.2d - (1995); Gile v. Optical Radiation Corp., 22 F.3d 540, 542 (3d Cir.) (relying upon Cipollone), cert. denied, - U.S. -, 115 S.Ct. 429, 130 L.Ed.2d 342 (1994); Feldt v. Mentor Corp., 61 F.3d 431, 433 n. 2 (5th Cir.1995); Reeves v. AcroMed Corp., 44 F.3d 300, 304 (5th Cir.), cert. denied, - U.S. -, 115 S.Ct. 2251, 132 L.Ed.2d 258 (1995); Stamps v. Collagen Corp., 984 F.2d 1416, 1420-21 (5th Cir.), cert. denied, - U.S. -, 114 S.Ct. 86, 126 L.Ed.2d 54 (1993); Martello v. Ciba Vision Corp., 42 F.3d 1167, 1168 (8th Cir.1994), cert. denied, - U.S. -, 115 S.Ct. 2614, 132 L.Ed.2d 857 (1995); National Bank of Commerce v. Kimberly-Clark Corp., 38 F.3d 988, 991 (8th Cir.1994) (<HOLDING>); Anguiano v. E.I. Du Pont De Nemours & Co., 44 Options: A. holding that congress use of requirement evinced an intent for broad preemption of state tort laws B. holding that in light of the presumption against preemption there is no field preemption of state unfair competition claims that rely on a substantial question of federal patent law because congress has not expressed its clear and manifest intention to preempt that area of law C. holding removal and preemption are distinct concepts erisa preemption does not allow removal unless complete preemption exists D. recognizing that congress desired a broad definition of a claim E. holding that the ada preemption clause expresses a broad preemptive purpose

assistant: The best answer is A. holding that congress use of requirement evinced an intent for broad preemption of state tort 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: Purchaser covenants and agrees to indemnify, defend, protect and hold harmless Seller, and its officers, directors, employees, stockholders, agents, representatives and Affiliates (collectively, together with Seller, the “ Seller Indemnified Parties ”) at all times from and after the date of this Agreement from and against all losses, liabilities, damages, claims, actions, suits, proceedings, demands, assessments, adjustments, costs and expenses (including specifically, but without limitation, reasonable attorneys’ fees and expenses of investigation), whether or not involving a third party claim and regardless of any negligence of any Seller Indemnified Party (collectively, “ Losses ”), incurred by any Seller Indemnified Party as a result of or arising from (i) any breach of the representations and warranties of Purchaser set forth herein or in certificates delivered in connection herewith, (ii) any breach or nonfulfillment of any covenant or agreement on the part of Purchaser under this Agreement, (iii) any debt, liability or obligation of the Company, whether incurred or arising prior to the date hereof or after, (iv) the conduct and operations of the business of the Company whether before or after the Closing Date, or (v) claims asserted against the Company whether arising before or after the Closing Date and whether in connection with the transactions contemplated hereunder or otherwise.

assistant: Indemnifications
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: fairly and reasonably compensate Grace C. Chantos for her damages, if any, that resulted from such breach of contract? Consider the following elements of damages, if any, and none other: The amount Grace C. Chantos would have received for the sale of her 502 shares of the business corporation if H. Frank Faucette and J. Lawrence Scha-dler had not breached the Sale and Purchase Agreement. At the charge conference, Faucette’s and Schadler’s only objection to this question was that the answers should have been separate for each of them. They did not complain that the instruction’s measure of damages was improper or otherwise object to the instruction. Therefore, we measure the sufficiency of the evidence against the language in the charge. Osterberg v. Peca, 12 S.W.3d 31, 55 (Tex.2000) (<HOLDING>); Kroger Co. v. Brown, 267 S.W.3d 320, 323 Options: A. holding when no objection is made to jury issue sufficiency of the evidence is measured against charge given by court rather than some other unidentified law B. holding that sufficiency of the evidence is measured against a hypothetically correct jury charge C. holding that sufficiency of evidence to support a conviction is not measured by the jury charge actually given but rather measured by the elements of the offense as defined by a hypothetically correct charge D. holding that direct and circumstantial evidence are to be given the same weight when reviewing the sufficiency of the evidence E. holding that summary judgment is appropriate when no issue of material fact exists and the court is reviewing administrative record for sufficiency of evidence

assistant: The best answer is A. holding when no objection is made to jury issue sufficiency of the evidence is measured against charge given by court rather than some other unidentified law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 30 months’ imprisonment, with three years’ post-prison supervision, and ordered to pay, among other obligations, $1,144 in court-appointed attorney fees. On appeal, he raises three assignments of error. We write to address only his third assignment, in which he contends that the trial court plainly erred in imposing $1,144 in court-appointed attorney fees without a basis in the record to determine that defendant had the ability to pay them, and we reject the other assignments without discussion. The state concedes that the court committed plain error when it imposed attorney fees in this case, because the record is devoid of evidence that defendant would be able to repay them. We agree and accept the state’s concession. See State v. Coverstone, 260 Or App 714, 716, 320 P3d 670 (2014) (<HOLDING>). Given the amount of attorney fees imposed, Options: A. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs B. holding that imposition of courtappointed attorney fees is plain error when the record is silent as to the defendants ability to pay the fees ordered C. holding because an award of attorney fees is discretionary court may consider attorney fees in relation to the underlying equities in the case D. holding that it is plain error for a trial court to require a defendant to pay courtappointed attorney fees in the absence of legally sufficient evidence that defendant has the ability to pay the amount imposed E. holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees

assistant: The best answer is B. holding that imposition of courtappointed attorney fees is plain error when the record is silent as to the defendants ability to pay the fees ordered
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 Lender (in its capacity as a Lender and an Issuing Bank (if applicable)) hereby irrevocably appoints Bank of America to act on its behalf as the Paying Agent hereunder and under the other Loan Documents and authorizes the Paying Agent to take such actions on its behalf and to exercise such powers as are delegated to the Paying Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Paying Agent and the Lenders, and the Borrower shall not have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Paying Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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: hostile work environment claims from the general Ricks rule because such claims “ ‘cannot be said to occur on any particular day,’ and instead usually involve a pattern of acts that aren’t ‘actionable on [their] own’ but give rise to a legal violation only when assessed in their totality.” Almond, 665 F.3d at 1178 (quoting Morgan, 536 U.S. at 115-16, 122 S.Ct. 2061). Here, the Court does not construe Plaintiffs pleadings to allege a hostile work environment claim. Even construing Plaintiffs pleadings liberally, his generic assertions that Defendant Beilis treated him in a hostile manner toward the end of his employment and sent him hostile emails fall far short of asserting a claim for age-based hostile work environment. See Phillips v. Moore, 164 F.Supp.2d 1245, 1254 (D.Kan.2001) (<HOLDING>). Thus, despite Plaintiffs averment that Options: A. holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments B. holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims C. holding that certain conduct was irrelevant to plaintiffs hostile work environment claim absent evidence that plaintiff was contemporaneously aware of it D. recognizing a hostile work environment claim under section 1983 E. holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive

assistant: The best answer is B. holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims
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 Subordinated Creditor hereby represents and warrants to Agent and Senior Lenders, as to itself, severally and not jointly, that as of the date hereof: (a) such Subordinated Creditor (other than any Subordinated Creditor who is an individual) is a partnership, limited liability company or corporation, as applicable, duly formed and validly existing under the laws of its jurisdiction of formation or incorporation, as applicable, as set forth on Schedule 1 attached hereto; (b) such Subordinated Creditor has the power and authority to enter into, execute, deliver and carry out the terms of this Agreement, all of which have been duly authorized by all necessary action; (c) the execution of this Agreement by such Subordinated Creditor will not violate or conflict with the organizational documents of Subordinated Creditor or any law, regulation or order or require any consent or approval which has not been obtained; (d) the execution of this Agreement by Subordinated Creditor will not require any consent or approval of any governmental agency or authority (other than any consent or approval which has been obtained and is in full force and effect); (e) this Agreement is the legal, valid and binding obligation of such Subordinated Creditor, enforceable against such Subordinated Creditor in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by equitable principles; (f) such Subordinated Creditor is the sole owner, beneficially and of record, of its respective Subordinated Debt Documents and the Subordinated Debt; and (g) as of the date hereof, the aggregate outstanding amount of the Subordinated Debt held by such Subordinated Creditor is in the respective amount listed on Schedule 2 hereto opposite its legal name. Each Subordinated Creditor hereby represents, warrants and covenants to Agent and Lender Group that from and after the date hereof until all of the Senior Debt has been Paid in Full no portion of the Subordinated Debt shall be secured by any lien or security interest on any real or personal property of any of the Loan Parties.

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: This Agreement and all covenants, agreements, representations and warranties made herein and in the certificates delivered pursuant hereto shall survive the making by Lender of the Loan and the execution and delivery to Lender of the Note, and shall continue in full force and effect so long as any of the Debt is unpaid or such longer period if expressly set forth in this Agreement. All Borrower’s covenants and agreements in this Agreement shall inure to the benefit of the respective legal representatives, successors and assigns of Lender.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: removed, alleging ineffective assistance of counsel during his deportation hearing. 252 F.3d at 385. The district court granted the petitioner relief but this Court reversed, holding that the district court lacked jurisdiction to consider his claim when he had not first presented it to the BIA. Id. at 390. In so holding, Goonsuwan acknowledged that a motion to reopen, while generally not required to exhaust administrative remedies, is required where the BIA has not had an opportunity to consider the claim but has adequate mechanisms to remedy it. Id. The overwhelming weight of the case law in this Circuit reaches the same conclusion as Goonsuwan: exhaustion requires that a petitioner present new arguments for the first time in a motion to reopen. See, e.g., Roy, 389 F.3d at 132, 137 (<HOLDING>); Faddoul v. I.N.S., 37 F.3d 185, 190 (5th Options: A. holding that claims not presented to the ij and bia should be dismissed for failure to exhaust administrative remedies B. holding that a plaintiff need not exhaust his administrative remedies to bring a retaliation claim C. holding that plaintiff failed to exhaust administrative remedies by failing to include issue in case brief D. holding that the petitioner failed to exhaust his administrative remedies with regard to his claim involving a procedural error correctable by the bia E. holding that the petitioner must exhaust administrative remedies by first presenting ineffective assistance of counsel claim to the bia

assistant: The best answer is D. holding that the petitioner failed to exhaust his administrative remedies with regard to his claim involving a procedural error correctable by the bia
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: ha[d] cooperated with the government, and [was] a single-mother with a child with medical issues”); United States v. Price, 618 F.Supp.2d 473, 475 (W.D.N.C.2008) (finding that a defendant’s pregnancy and the impending birth of the child constituted exceptional circumstances meriting release); United States v. Mitchell, 358 F.Supp.2d 707, 708-09 (E.D.Wis.2005) (finding that “exceptional reasons” were present where the defendant had fully cooperated with the government, performed well in pretrial release, renounced criminal activities, secured full-time employment, successfully passed all drug screenings, and fulfilled all of his familial responsibilities, including paying child support); United States v. Reboux, No. 5:06-CR-451 (FJS), 2007 WL 4409801, at *2 (N.D.N.Y. Dec. 14, 2007) (<HOLDING>); United States v. Hooks, 330 F.Supp.2d 1311, Options: A. recognizing a hostile work environment claim under section 1983 B. holding that plaintiffs work environment was not affected by comments and conduct of which she was not aware C. holding that exceptional reasons for release existed where the defendant underwent selfimprovement through his faith community and work environment and was completely and unconditionally cooperative with the federal authorities D. recognizing that the elements of title vii sexually hostile work environment claims apply to icra sexually hostile work environment claims E. holding that unfair scrutiny was not sufficiently severe to result in a finding that an objectively hostile or abusive work environment existed

assistant: The best answer is C. holding that exceptional reasons for release existed where the defendant underwent selfimprovement through his faith community and work environment and was completely and unconditionally cooperative with the federal authorities
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: in existence after discharge in bankruptcy, although divested of its character as a personal obligation that is legally enforceable. See In re Cassi, 24 B.R. 619, 626 (Bankr.N.D.Ind.1982). Thus, a bankruptcy does not discharge a debt for all purposes. Id. For example, a debt will continue to exist for the purpose of proceeding against the debtor in order to impose liability on accommodation parties. Id. A landlord can still avail itself of statutory remedies to recover possession of premises for nonpayment of rent. In re Hepburn, 27 B.R. at 136 (citing 1A Collier on Bankruptcy § 17.27, n. 4 (James W. Moore ed.,14th ed.1978)). In addition, the federal approach seems to enjoy substantial acceptance among the states. See, e.g., Stewart v. Underwood, 146 Ariz. 145, 704 P.2d 275, 278 (1985) (<HOLDING>); Hollanger v. Hollander Rice Farms, Inc., 445 Options: A. holding that although the plan cannot discharge the debt the claimant may otherwise subject the debt to the provisions of a confirmed plan B. holding that extinguishment of the debt entitles the mortgagor to a surrender of the note and a discharge of the mortgage C. holding that a debt collectors filing of a lawsuit on a debt that appears to be timebarred is an unfair and unconscionable means of collecting the debt D. holding that effect of bankruptcy discharge under arizona law is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debtor E. holding that bankruptcy discharge eliminates only a debtors personal liability and not the debt itself and that a bankruptcy trustee stands in the shoes of the debtor and can bring a legal malpractice claim as trustee

assistant: The best answer is D. holding that effect of bankruptcy discharge under arizona law is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debtor
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 this Agreement and the other Loan Documents shall be true and correct on and as of such borrowing, issuance or extension date with the same effect as if made on and as of such date (except for any such representation and warranty that by its terms is made only as of an earlier date, which representation and warranty shall remain true and correct as of such earlier date) and except that for purposes of this Section 7.2(a) , the representations and warranties contained in Section 8.5 shall be deemed to refer to the most recent statements furnished pursuant to clauses (a) and (b) of Section 9.1 .

assistant: Warranties
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: Subject to the terms and conditions of this Agreement and the Assignment and Assumption Agreement dated as of the date hereof between Seller as Assignor and Purchaser as Assignee substantially in the form set forth on Exhibit C hereto (the “ Assignment Agreement ”), Seller shall assign and transfer and Purchaser shall assume and acquire, as of, and subsequent to, the Closing Date, all of the rights, duties and obligations of Assignor under the Operative Documents, subject to the reserves and distributions contemplated under the Termination Agreement by and between Purchaser and WLR-Greenbrier Rail Inc. providing for termination of certain agreements and the reserve and distribution of certain funds (the “Termination Agreement’) (the “ Lease Rights and Obligations ”).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: DEPRIVED JET URBAN OF ITS CONSTITUTIONAL RIGHT TO A JURY TRIAL WHEN IT DETERMINED THAT JET URBAN DID NOT SUBSTANTIATE ITS CLAIM FOR BREACH OF THE ABATEMENT AGREEMENT. We have carefully reviewed the record and we conclude that these contentions are clearly without merit, R. 2:11— 3(e)(1)(E), and we affirm substantially for the reasons expressed by Judge Small in his oral opinion. The City had the right to tax the addition. Plaintiff contends that the City taxed the abated property through the device of an excessive assessment of the addition. Thus, the core of plaintiffs position is the contention that the addition, which the City had the right to tax, was overassessed. The remedy for that contention is a tax appeal. See Tru Urban Renewal Corp. v. City of Newark, supra, 11 N.J.Tax at 70 (<HOLDING>); see also N.J.S.A. 40:55C-65 providing that Options: A. holding that challenge to tax exemption could not be pursued solely on taxpayer basis because it did not involve expenditure of tax funds B. holding that the granting or denial of an urban renewal tax exemption is reviewable by tax appeal C. holding that in some rcases there is an adequate remedy at law for an attack on an illegal or unconstitutional tax through the tax appeal board D. holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety E. holding one who claims tax exemption has burden of showing entitlement to exemption

assistant: The best answer is B. holding that the granting or denial of an urban renewal tax exemption is reviewable by tax appeal
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 action, suit, investigation or proceeding pending or, to the knowledge of either Borrower, threatened in any court or before any arbitrator or governmental authority that could reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as described in the SEC Filings or in the Prospectus, there are no pending actions, suits or proceedings against or affecting the Company, its Subsidiaries or any of its or their properties; which pending actions, suits or proceedings has had or could reasonably be expected to have a Material Adverse Effect, individually or in the aggregate and to the Company’s Knowledge, no such actions, suits or proceedings are threatened.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party and each of its Subsidiaries has timely filed all federal, state and other material tax returns and reports required to be filed, and has timely paid all federal, state and other material Taxes (whether or not shown on a tax return), including in its capacity as a withholding agent, levied or imposed upon it or its properties, income or assets otherwise due and payable, except those Taxes which are being contested in good faith by appropriate proceedings diligently conducted and for which adequate reserves have been provided in accordance with GAAP. There is no proposed material tax assessment or other claim against, and no material tax audit with respect to, any Loan Party or any Subsidiary thereof. Except as set forth on Schedule 5.11 , on the Closing Date, neither any Loan Party nor any Subsidiary thereof is party to any tax sharing, tax indemnification or other similar agreement. Except as could not be reasonably expected to, individually or in the aggregate, result in a Material Adverse Effect, neither any Loan Party nor any of its Subsidiaries has ever “participated” in a “listed transaction” or a “reportable transaction” within the meaning of Treasury Regulation Section 1.6011-4.

assistant: Taxes
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 (a) the interest on any Loan, any commitment or other fee, or any other Obligation not listed in subpart (b) hereof, shall not be paid in full when due and payable or within five Business Days thereafter, or (b) the principal of any Loan or any obligation under any Letter of Credit shall not be paid in full when due and payable.

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 case excerpt and choose the best holding from the options. Case excerpt: [14th Dist.] 2015, no pet.) (reviewing employers’ various duties to use ordinary care in providing safe workplace). Jacobs Engineering does not explain how an affidavit from a third-party sound engineer could shed light on whether these alleged errors and omissions were negligent. Further, we note that the Legislature did not define the practice of engineering to include providing a safe workplace. See Tex. Occ. Code § 1001.003(b), (c). We conclude that the plaintiffs’ gross negligence claims, as pleaded, do not arise out of Jacobs Engineering’s provision of professional engineering services, but rather Jacobs Engineering’s alleged breach of duties it owed to its employees generally, and to Elsey in particular, to provide a safe workplace. Compare Rivera, 339 S.W.3d at 755-56 (<HOLDING>); RCS Enters., LP v. Hilton, No. Options: A. holding that elevator rider who asserted premisesliability claims against professional engineering firm that provided management services to premises owner was not required to provide certificate of merit because claims as alleged did not clearly arise out of the provision of professional engineering services B. holding that certain fiduciary duty claims did not arise out of the underlying contractual provisions C. holding that homebuyers claims against professional engineering firm acting as thirdparty inspector did not did not implicate the practice of engineering D. holding that cerclas claims presentation provision only applies to claims asserted against the fund E. holding that because exclusion was not provided to certificate holder terms of the certificate controlled

assistant: The best answer is A. holding that elevator rider who asserted premisesliability claims against professional engineering firm that provided management services to premises owner was not required to provide certificate of merit because claims as alleged did not clearly arise out of the provision of professional engineering services
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder to the Company shall be addressed to: Altus Midstream Company, One Post Oak Central, 2000 Post Oak Boulevard, Suite 100, Houston, Texas 77056-4400, Attention: Corporate Secretary. Any notice to the Director shall be addressed to the Director at the Director's last address on the records of the Company, subject to the right of either party to designate at any time hereafter in writing some other address. Any notice shall be deemed to have been duly given when delivered personally or enclosed in a properly sealed envelope, addressed as set forth above, and deposited (with first class postage prepaid) with the United States Postal Service.

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: at DFW International Airport, where hundreds of people work. This construction is inconsistent with the stated purposes of the TCHRA, as well as with the legislature’s prior actions that broadened the reach of the TCHRA by broadly defining “state agency.” Our statutory construction analysis compels the conclusion that the legislature intended to include organizations like the DFW Board within the scope of the term “state instrumentality.” Other courts, including this court in Tarrant County Hospital District v. Henry, have likewise held that an entity created pursuant to Texas statutory authority, and whose purpose includes the performance of public and governmental functions are a state instrumentality. See, e.g., 52 S.W.3d 434, 445-48 (Tex.App.-Fort Worth 2001, no pet.) (<HOLDING>); Purdin, 143 S.W.3d at 301 (holding economic Options: A. holding that an entity majorityowned by an agency or instrumentality of a foreign state is itself an agency or instrumentality of that foreign state under the fsia B. holding economic development corporation to be state instrumentality subject to claims made under the tchra and explaining that the employment discrimination prohibitions in chapter 21 are to be generally applied C. holding hospital district to be state instrumentality subject to claims made under tchra D. holding that a state agency is not a person subject to suit under federal false claims act E. holding school district in claim made pri or to amendment defining state agency to be state instrumentality subject to claims made under tchra

assistant: The best answer is C. holding hospital district to be state instrumentality subject to claims made under tchra
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 supersedes any and all other oral or written agreements heretofore made relating to amounts payable pursuant to a change in control and constitutes the entire agreement relating to such change in control. Any existing employment agreement is hereby superseded only with regard to amounts payable pursuant to a change in control.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it requires the defendant to “know the facts that make [her] conduct illegal.” Ndikum, 815 N.W.2d at 818 (quoting Staples, 511 U.S. at 605, 114 S.Ct. 1793). Specifically, for assault-harm, a defendant must intend the act. that makes her conduct a battery;' in .other words, she must intentionally apply force to another person without his consent. See II.B., infra. If, instead, we required the intent to commit a battery, a defendant would not only need to know the facts that make her conduct illegal, but would also need to know that her conduct breaks the law. It is well settled, however, that' a mistake of law is generally -not a defense to a general-intent crime. State v. Jacobson, 697 N.W.2d 610, 615 (Minn. 2005); see also State v. Wenthe, 865 N.W.2d 293, 301 n.2, 303 (Minn. 2015) (<HOLDING>). The evidence is sufficient to establish that Options: A. holding that the clergy sexual conduct statute requires general intent and does not impose strict liability because the act of sexual penetration must be intentional B. holding that a jury instruction listing additional modes of sexual penetration than those listed in the information did not impermissibly amend the charge of sexual assault becausein part the added modes of sexual penetration did not change the applicable statute sentence or level of offense C. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii D. holding that medical report was not material for brady purposes where report at best showed lack of vaginal penetration of sexual abuse victim penetration was not necessary for conviction of sexual abuse of a minor under iowa law E. holding that the illinois statutory definitions of sexual penetration and sexual conduct cover clearly distinct conduct and that therefore the statute was not unconstitutionally vague

assistant: The best answer is A. holding that the clergy sexual conduct statute requires general intent and does not impose strict liability because the act of sexual penetration must be intentional
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company may withhold and deduct from any payments made or to be made pursuant to this Agreement (a) all federal, state, local, and other taxes as may be required pursuant to any law or governmental regulation or ruling and (b) any deductions consented to in writing by Executive.

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: Each Guarantor agrees to be jointly and severally liable for the payment of all reasonable fees and expenses, including Attorney Costs, incurred by any Floorplan Secured Party in connection with the enforcement of this Guaranty Agreement, whether or not suit be brought.

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 case excerpt and choose the best holding from the options. Case excerpt: Your Honor. He’s not— A. I didn’t know the car was stolen. MR. CONN: He wasn’t compelled to make— THE COURT: Sustained. Redirect examination and recross examination were then completed and the defendant appellant’s case closed. Following instructions and closing arguments, the jury entered into deliberations ultimately finding the appellant guilty of receiving stolen property and fixing his punishment at two years of imprisonment. This appeal followed. On appeal, Jackson maintains that the above-quoted exchange was a blatant violation of § 11 of the Kentucky Constitution, protecting the privilege of an accused from having his post-arrest silence questioned at trial. Bradley v. Commonwealth, Ky., 261 S.W.2d 642, 643 (1953); Neimeyer v. Commonwealth, Ky., 533 S.W.2d 218, 222 (1976), (<HOLDING>). Anticipating the response of the Commonwealth Options: A. holding that because the fifth amendment protects against the use of coerced statements at trial not mere compulsion a violation of the requirements set forth in miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 did not give rise to a 1983 claim B. recognizing miranda v arizona 384 us 436 468 86 sct 1602 1624 16 led2d 694 1966 C. holding that police must consider the age of a juvenile suspect when determining whether the juvenile is in custody for purposes of miranda warnings see miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 D. holding that the admission of a statement obtained in violation of miranda v arizona 384 us 436 86 sct 1602 16 led2d 694 1966 resulted in harmless error because the defendant repeated the substance of the statement in a later admissible statement E. holding that in order to show municipal liability for an officers actions under monell v dept of soc servs 436 us 658 694 98 sct 2018 56 led2d 611 1978 a plaintiff must demonstrate one of the following 1

assistant: The best answer is B. recognizing miranda v arizona 384 us 436 468 86 sct 1602 1624 16 led2d 694 1966
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 you use the evernote service to send messages to an email address , to a telephone number via sms , or through a social media account ( e.g. , facebook or linkedin ) that has not been linked to an evernote account , evernote sends such messages on your behalf , and we are relying on your representation to us that you have a direct relationship with the recipient ( s ) and that you are respecting the legal rights of the recipient ( s ) not to receive certain kinds of messages ( such as harassing messages , unsolicited commercial messages , and unwanted sms messages ) .

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: This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Lease delivered by facsimile, e-mail or other means of electronic transmission (to which a signed PDF copy is attached) shall be deemed to have the same legal effect as delivery of an original signed copy of this Lease so long as an original-ink (or so-called “wet-ink”) signed physical counterpart is also physically delivered to the other party. Either party may copy this completed Lease for electronic storage in a non-editable format, at which time the paper form of this Lease may be destroyed by such party if it wishes, relying upon such rules as “best evidence” to put forth the electronic copy for purposes of proof and evidence. Each party agrees that following the electronic storage of this Lease, any hardcopy printout of that electronically stored information will also constitute an original of this Lease.

assistant: Counterparts