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: contention that a default based upon a failure to comply with the statutory procedure for appealing a conviction to the superior court for a de novo jury trial violates the Massachusetts Constitution: [The statute] gives any person convicted before a justice of the peace or police court the right to appeal to the superior court and to have a trial by jury, and makes regulations which are reason able and necessary as to the mode in which he may enter and prosecute his appeal. If he neglects so to enter and prosecute his appeal, he waives his right of a trial by jury, and the provision ... that he may thereupon be defaulted and sentenced, is not unconstitutional. Commonwealth v. Whitney, 108 Mass. 5, 6-7 (1871) (citation omitted); see Com. v. Francis, 374 N.E.2d 1207, 1212 (Mass. 1978) (<HOLDING>). Also informing the court’s decision in Options: A. holding that appellant was entitled to a de novo review however he was not entitled to a de novo review of an argument never raised B. holding that the proper review for the trial courts application of the law is de novo C. holding that imposition of more severe sentence following trial de novo does violate defendants due process rights D. recognizing de novo standard of review E. holding following whitney that defendant was deemed to have waived right to a de novo jury trial where failure to appear at de novo trial was due to his own neglect in not informing the clerks office of his change of address

assistant: The best answer is E. holding following whitney that defendant was deemed to have waived right to a de novo jury trial where failure to appear at de novo trial was due to his own neglect in not informing the clerks office of his change of address
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: and the manner in which it was determined” unless the court “depart[ed] upwards” from the sentencing guidelines. Despite this provision, she complains that her sentence is too long. A defendant may waive any right, including a constitutional right, in a plea agreement so long as the waiver is knowing and voluntary. United States v. Calderon, 388 F.3d 197, 199 (6th Cir.2004). As mentioned previously, Coker does not claim that her plea agreement was involuntary or made in ignorance, nor could she given her discussion of the plea agreement with Judge Echols. We have repeatedly enforced plea agreements waiving specific appellate rights under similar circumstances, United States v. Sharp, 442 F.3d 946, 949, 952 (6th Cir.2006); United States v. McGilvery, 403 F.3d 361, 363 (6th Cir.2005) (<HOLDING>), and we enforce the agreement before us today. Options: A. holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver B. holding a waiver valid and strongly encouraging the government to file a motion to dismiss the appeal in similar future cases to avoid wasting time and resources C. holding that an appeal waiver is valid if it is the result of a knowing and intelligent decision to forgo the right to appeal D. holding that the trial court did not violate due process in considering the defendants motion to dismiss because the defendant had corrected its error in not serving its motion to dismiss on the plaintiff and because the plaintiff had received adequate time to consider and respond to the arguments made in the motion E. holding that the failure to file a proper motion to dismiss raising a constitutional challenge to a criminal statute waives the issue on appeal

assistant: The best answer is B. holding a waiver valid and strongly encouraging the government to file a motion to dismiss the appeal in similar future cases to avoid wasting time and resources
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 10.06(b) , (ii) by way of participation in accordance with the provisions of Section 10.06(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 10.06(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuers and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors
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: not send his letter in August 1981, but instead sent it after his benefits were discontinued on December 22, 1981 as the circumstances suggest. The request to “not stop my compensation as I need the income” is a clear disagreement with a determination discontinuing compensation. Since the regulations do not require a notice of disagreement to be couched in specific language, Mr. Morrison’s objection to the halt of his compensation satisfies the requirement of a notice of disagreement under the regulations. § 19.113; see Collaro v. West, 136 F.3d 1304, 1309 (Fed.Cir.1998) (concluding that the veteran raised constitutional and statutory issues even though the VA only resolved factual issues in response to a vague notice of disagreement); Comer v. Peake, 552 F.3d 1362, 1368 (Fed.Cir.2009) (<HOLDING>). In my view, Comer controls this case. In that Options: A. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal B. recognizing that the ada is interpreted in a manner similar to title vii C. holding that an appeal is perfected when the appeal bond is filed D. holding that the va is obligated to read appeal filings in a liberal manner E. holding that ordinarily courts are not obligated to review evidence presented for the first time on appeal

assistant: The best answer is D. holding that the va is obligated to read appeal filings in a liberal manner
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: Comply in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith could not reasonably be expected to have a Material Adverse Effect. The Company will maintain in effect and enforce policies and procedures designed to ensure compliance by the Company, its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws and applicable Sanctions.

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: Executive shall receive an annual base salary of One Hundred Fifty Thousand US Dollars (US$150,000.00), payable in accordance with the Company’s then-existing payroll policies (the “Base Salary”) and subject to all applicable withholding requirements. The Base Salary shall be reviewed by the Board and its Compensation Committee annually for adequacy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A. If Taxes payable in any Tax Escalation Year shall be in such amount as shall constitute an increase above Owner ’ s Basic Tax Liability, the Fixed Rent for such Tax Escalation Year shall be increased by a sum equal to Tenant ’ s Proportionate Share of any such increase in Taxes.

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: Seller owns legal and valid title to the Units, free and clear of any and all Liens, except for those contained in the Operating Agreement. Other than the Units, Seller does not own any other equity interests in the Company. Other than the Operating Agreement, Seller is not a party to any voting trust, proxy, or other agreement or understanding with respect to the voting of any equity interests of the Company. Other than the Operating Agreement, there are no agreements, arrangements, commitments or undertakings between Seller and any Person or entity restricting or otherwise relating to voting, redemption or dividend rights or the sale, purchase or other disposition of the equity interests of the Company. Subject to Buyer’s consent to the transactions contemplated hereunder, Seller has the power and authority to sell, transfer, assign and deliver the Units as provided in this Agreement and, upon the consummation of the transactions contemplated by this Agreement, Buyer shall have good and valid title to the Units, free and clear of any and all Liens.

assistant: Titles
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: “shall” in subsection (b) of F.L. § 5-1029 is obligatory, not permissive. Indeed, the word “shall” is used throughout F.L. § 5-1029 in its mandatory sense, with the word “may” being used when permissive action is implied, in explicit contrast to the word “shall.” Moreover, as we have explained, the historical context of the enactment of what is now F.L. § 5-1029 indicates that with respect to the alleged father in a paternity action, the testing afforded by that section upon motion has been referred to and treated as mandatory. To be sure, the Court of Appeals in child custody cases and in cases brought under the Estates and Trusts Article has held that it is within the discretion of the court to permit blood or genetic testing. See Monroe v. Monroe, 329 Md. 758, 621 A.2d 898 (1993)(<HOLDING>); Turner v. Whisted, supra, 327 Md. 106, 607 Options: A. holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted B. holding that the trial court erred by not considering whether ordering blood tests to disestablish paternity was in the best interest of the child C. holding that although a putative father had standing to bring a paternity action the action could not proceed and the blood tests could not be ordered unless the trial court determined that the paternity action would serve the best interest of the child D. holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity E. holding that in domestic law custody case blood tests to determine paternity of child born out of wedlock may only be ordered upon a showing of good cause under the best interest of the child standard

assistant: The best answer is E. holding that in domestic law custody case blood tests to determine paternity of child born out of wedlock may only be ordered upon a showing of good cause under the best interest of the child standard
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Plan is held to be illegal or invalid for any reason, the illegality or invalidity shall not affect the remaining provisions hereof, but such provision shall be fully severable and the Plan shall be construed and enforced as if the illegal or invalid provision had never been included herein. If any of the terms or provisions of this Plan or any Award agreement conflict with the requirements of Rule 16b-3 (as those terms or provisions are applied to Eligible Persons who are subject to section 16(b) of the Exchange Act) or section 422 of the Code (with respect to Incentive Stock Options), then those conflicting terms or provisions shall be deemed inoperative to the extent they so conflict with the requirements of Rule 16b-3 (unless the Board or the Committee, as appropriate, has expressly determined that the Plan or such Award should not comply with Rule 16b-3) or section 422 of the Code. With respect to Incentive Stock Options, if this Plan does not contain any provision required to be included herein under section 422 of the Code, that provision shall be deemed to be incorporated herein with the same force and effect as if that provision had been set out at length herein; provided , further, that, to the extent any Option that is intended to qualify as an Incentive Stock Option cannot so qualify, that Option (to that extent) shall be deemed an Option not subject to section 422 of the Code for all purposes of the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we affirm the district court’s dismissal of that claim without prejudice to its pursuit in the bankruptcy court. Having concluded that the district court properly dismissed Yaghobi’s bankruptcy claims, we need not reach the question of whether he may assert a private right of action under § 524. We similarly affirm the district court’s dismissal of plaintiffs parallel federal and state unfair debt collection practice claims. We need not here decide whether debtors in bankruptcy can ever maintain such claims based on violations of the Bankruptcy Code. Compare Walls v. Wells Fargo Bank, NA, 276 F.3d 502, 510 (9th Cir.2002) (rejecting, as precluded by Bankruptcy Code, debtor’s FDCPA claim for violation of § 524 injunction) with Randolph v. IMBS, Inc, 368 F.3d 726, 729-33 (7th Cir.2004) (<HOLDING>). We conclude simply that, because the Options: A. recognizing fdcpa claim for violation of bankruptcy codes automatic stay provision 11 usc 362 which explicitly provides private cause of action B. holding that a state is immune by virtue of 11 usc 106c from money damages for violating the automatic stay provision of 11 usc 362a C. recognizing district courts authority to dispose of contempt action for violation of automatic stay of bankruptcy D. recognizing that any action taken in violation of the automatic bankruptcy stay is void and without effect E. holding that refusal to provide chapter 7 debtor transcript because of default on student loan was a violation of the automatic stay based on the plain language of 11 usc 362

assistant: The best answer is A. recognizing fdcpa claim for violation of bankruptcy codes automatic stay provision 11 usc 362 which explicitly provides private cause of action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: debtor and made within 910 days of the filing of a bankruptcy petition. As discussed in more detail below, 910 car loans receive special treatment under the Bankruptcy Code. 7 . This case was filed after October 17, 2005, when most provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) became effective. Pub.L. 109-8. All future statutory references are thus to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, 11 U.S.C. §§ 101-1532 (2005), unless other specifically noted. 8 .541 U.S. 465, 484-85, 124 S.Ct. 1951, 158 L.Ed.2d 787 (2004) (adopting formula approach, requiring adjustment of prime national interest rate based on risk of nonpayment). 9 . Section 1325(a) (emphasis added). 10 . In re Billings, 838 F.2d 405 (10th Cir.1988) (<HOLDING>) and In re Horn, 338 B.R. 110, 113 Options: A. holding that under georgia law a creditors refinancing of a promissory note destroyed the purchase money nature of the creditors security interest in a wall unit which served as collateral B. holding that a purchase money security in jewelry was not lost when the perfected purchase money security interest was consolidated with a subsequent retail installment contract C. holding security interest in insurance premiums perfected by creation of security interest D. holding courts must look to the law of the state in which the security interest was created to determine if creditor retains a purchase money security interest despite refinancing E. holding that in georgia pursuant to 9107 of the ucc refinancing of a promissory note transforms the obligation thereby destroying purchase money nature of the security interest therefore the creditor lost its purchase money security interest pmsi in a television set when the loans were consolidated and lien was avoidable id 89 br 264 18 bcd 58

assistant: The best answer is D. holding courts must look to the law of the state in which the security interest was created to determine if creditor retains a purchase money security interest despite refinancing
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: to create any right or benefit, substantive or procedural, enforceable at law by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.”); United States v. Ng, 699 F.2d 63, 71 (2d Cir.1983) (concluding that a “policy [that] is merely an internal guideline for exercise of prosecutorial discretion [is] not subject to judicial review,” and emphasizing that the policy “is not a statute or regulation; nor is it constitutionally mandated”); see also United States v. Craveiro, 907 F.2d 260, 264 (1st Cir.1990) (“[T]he internal guidelines of a federal agency, that are not mandated by statute or the constitution, do not confer substantive rights on any party.”); cf. Firstland Int’l, Inc. v. INS, 377 F.3d 127, 132 (2d Cir.2004) (<HOLDING>); Montilla v. INS, 926 F.2d 162, 166 (2d Options: A. holding moot appeal from revocation of visa petition where immigrant subsequently obtained lpr status B. holding that the beneficiary of a form 1130 visa petition did not have standing to challenge a denied petition C. holding no abuse of discretion where ij denied aliens request for continuance because alien had no immigrant visa available and it was unlikely attorney general would exercise discretion to permit excludable alien to stay D. holding that it was an abuse of discretion to admit the record when an admission was available E. holding that the ins was deprived of any discretion to revoke approval of an immigrant visa petition when it failed to follow statutorilymandated notice requirement

assistant: The best answer is E. holding that the ins was deprived of any discretion to revoke approval of an immigrant visa petition when it failed to follow statutorilymandated notice requirement
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 words “hereof”, “herein”, and “hereunder” and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole and not to any particular provision of this Agreement; (b) the words “date hereof,” when used in this Agreement, shall refer to the date set forth in the Preamble; (c) the terms defined in the singular have a comparable meaning when used in the plural, and vice versa; (d) the terms defined in the present tense have a comparable meaning when used in the past tense, and vice versa; (e) any references herein to a specific Section or Article shall refer, respectively, to Sections or Articles of this Agreement; (f) wherever the word “include”, “includes”, or “including” is used in this Agreement, it shall be deemed to be followed by the words “without limitation”; (g) references herein to any gender includes each other gender; (h) the word “or” shall not be exclusive; (i) the headings herein are for convenience of reference only, do not constitute part of this Agreement and shall not be deemed to limit or otherwise affect any of the provisions hereof; (j) any references herein to any Governmental Authority shall be deemed to also be a reference to any successor Governmental Authority thereto; and (k) the parties hereto have participated jointly in the negotiation and drafting of this Agreement and, in the event that an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as jointly drafted by the parties hereto and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.

assistant: Interpretations
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: district courts should handle motions by the government to reconsider suppression orders. When the government seeks reconsideration of a suppression order based on a new legal argument or evidence, the Eleventh and D.C. Circuits require the government to justify its failure to present this legal argument or evidence in the earlier proceedings. See United States v. Villabona-Gamica, 63 F.3d 1051, 1055 (11th Cir. 1995) (“By failing to raise an issue at a suppression hearing without offering any justification therefor, the government waives its right to assert it in subsequent proceedings.” (internal quotation marks and brackets omitted) (quoting, in parenthetical, United States v. Thompson, 710 F.2d 1500, 1504 (11th Cir.1983))); McRae v. United States, 420 F.2d 1283, 1288 (D.C.Cir.1969) (<HOLDING>). On the other hand, the Second, Fifth, Options: A. holding that our court will not consider an issue of whether a defendant has standing to seek suppression of evidence if the issue was not raised in the lower court B. holding that where an issue is raised in the district court but raised late and the district court declines to deem the issue waived the issue may be raised on appeal C. holding that suppression issue not raised to the district court was waived under rule 12 D. holding that an issue is preserved for appeal where the issue was sufficiently raised for the court to rule on it E. holding that the government was obligated to advance stronger justification for relitigating a suppression issue where the issue raised was clear and a considered ruling had been made

assistant: The best answer is E. holding that the government was obligated to advance stronger justification for relitigating a suppression issue where the issue raised was clear and a considered ruling had been made
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: Paid time off for vacations and sick days shall be limited to an aggregate of seventeen (17 days) per annum during the term of this Agreement, which shall be in addition to legal holidays. Except as to sick days, time off shall be taken at a time reasonably convenient to Employer. In the event Employee’s employment terminates prior to the end of the term hereof, such entitlement shall be prorated. Any unused time off at the end of any annual term of this Agreement shall not entitle Employee to payment therefor and may not be carried forward into any subsequent period of employment.

assistant: Vacations
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 Covenantor, each Borrower and each Designated Subsidiary is a corporation duly incorporated, continued or amalgamated, as the case may be, and validly existing under the laws of its jurisdiction of incorporation, has the legal right and all necessary corporate power and authority to own its Assets and carry on its business and is duly qualified, licensed or registered to carry on business under the laws applicable to it in all jurisdictions in which it carries on business the absence of which qualification, licensing or registration would have a Material Adverse Effect.

assistant: Qualifications
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: During the Employment Period, the Employer shall pay to Executive a base salary (the “Base Salary”) at the rate of no less than $950,000 per calendar year, less applicable deductions . The Base Salary shall be reviewed for increase by the Employer no less frequently than annually and may be increased at the discretion of t he Employer; any such increas ed Base Salary shall constitute the “Base Salary” for purposes of this Agreement. The Base Salary shall be paid in substantially equal installments in accordance with the Employer’s regular payroll practic es.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The paragraph headings that appear in this FourthAmendment are for purposes of convenience of reference only and are not in any sense to be construed as modifying the substance of the paragraphs in which they appear.

assistant: Headings
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: surveillance, beatings, or torture” might cross the line from harassment to persecution. Mitev v. INS, 67 F.3d 1325, 1330 (7th Cir.1995). There is no question that Ms. Ciorba has endured some harassment at the hands of local Romanian police. However, Ms. Ciorba never was arrested, jailed, physically assaulted or threatened. Additionally, she did not suffer extreme economic deprivation; Ms. Ciorba resided in her family’s two-bedroom home and lived off of the funds provided by her family in the United States during the five years that she remained in Romania after their departure. In short, Ms. Ciorba’s experiences in Romania are similar to those that this court has recognized as constituting harassment, not persecution. See, e.g., Yadegar-Sargis v. INS, 297 F.3d 596, 602 (7th Cir.2002) (<HOLDING>); Mousa v. INS, 223 F.3d 425, 430 (7th Options: A. holding that stubborn failure to hire attorney after being told disadvantages constituted waiver of counsel at trial B. holding that for general safety purposes an officer may routinely order the driver of a lawfully stopped vehicle to exit the vehicle because when the vehicle is already stopped the slight additional intrusion associated with being directed to exit the car can only be described as de minimis C. holding that being stopped by police being interrogated and being forced to the back of ration lines constituted harassment D. holding interrogation not custodial where suspect was given a choice of being interviewed in police station or elsewhere E. holding that custodial interrogation by police must not occur prior to suspect being informed of his or her right to counsel and against selfincrimination

assistant: The best answer is C. holding that being stopped by police being interrogated and being forced to the back of ration lines constituted harassment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall be entitled to participate in, to the extent Executive is otherwise eligible under the terms thereof, the benefit plans and programs, and receive the benefits and perquisites, generally provided by the Company to executives of the Company, including without limitation family medical insurance. Notwithstanding the foregoing, Executive shall not be entitled to participate in any Company severance plan other than as provided specifically herein. Executive shall be entitled to annual vacation in accordance with Company policy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $3,500; provided , however , that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment; provided , further , that such processing and recordation fee shall not apply to any assignment permitted pursuant to Section 9.09 . The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

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 legal provision and list the applicable contract clause categories. Provision: The provisions of this Section 6 shall terminate and be of no further force or effect on the earlier of: (i) the two (2) year anniversary of the Closing Date and (ii) the date of which no Preferred Shares remain outstanding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices hereunder shall be in writing and delivered by email, facsimile, courier or registered or certified mail (return receipt requested) to the email address, address or facsimile number (or at such other address or facsimile number as shall be specified by like notice) as set forth on Exhibit D hereto. Any notice, if mailed and properly addressed with postage prepaid or if properly addressed and sent by pre-paid courier service, shall be deemed given when received; any notice, if transmitted by facsimile or email, shall be deemed given when sent, provided that if such notice or other communication is not sent during the normal business hours of the recipient, such notice or communication shall be deemed to have been given at the opening of business on the next business day for the recipient.

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: For claims involving tort law, Kansas follows the rule of lex loci delicti, which means the law of the state where the tort occurred controls. Ling v. Jan’s Liquors, 237 Kan. 629, 703 P.2d 731, 735 (1985). Here, the alleged trespass occurred in Texas. Thus, unless Kansas law dictates otherwise, Texas law applies to this case. B. Standing “[A] person has standing to sue only when he or she is personally aggrieved by an alleged wrong.” Denman v. SND Operating, L.L.C., No. 06-04-00061-CV, 2005 WL 2316177, at *3 (Tex.App. 2005). A cause of action for injury to property belongs to the person who owns the property at the time of the injury and, without express assignment, does not pass to a subsequent purchaser. Id.; In re Premcor Refining Group, Inc., 233 S.W.3d 904, 908 (Tex.App.2007) (<HOLDING>). Thus, the court must determine when the Options: A. holding that the cause of action accrued on the date of sale B. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages C. holding that the plaintiffs lacked standing to pursue a permanent nuisance action for injury to property because none of the plaintiffs were the owners of the land when the cause of action accrued with the first injury D. recognizing the cause of action E. holding that plaintiffs lacked standing to sue

assistant: The best answer is C. holding that the plaintiffs lacked standing to pursue a permanent nuisance action for injury to property because none of the plaintiffs were the owners of the land when the cause of action accrued with the first injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: to the extent permitted by law , we exclude all liability ( whether arising in contract , in negligence or otherwise ) for loss or damage which you or any third party may incur in connection with our site , our service , and any website linked to our site and any materials posted on it .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no Action which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities, or (ii) except as disclosed in Schedule 3.1(k) , would, if there were an unfavorable decision, individually or in the aggregate, have or reasonably be expected to result in a Material Adverse Effect. During the past five years, neither the Company nor any Subsidiary, nor to the Company’s Knowledge any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the Company’s Knowledge there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. During the past five years, the Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company under the Exchange Act or the Securities Act.

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: to another jurisdiction, section 23-1-215 was enacted in 1987 to expressly address crimes that occur in multiple jurisdictions, and section 23-20-50 was enacted in 2000 to authorize law enforcement to assist other jurisdictions with certain public safety concerns. Notably, the drafters of these agreements appear to recognize this interrelationship as the agreements usually include a reference to all of these sections. 2. Propriety of NET Agreement under sections 23-1-210 and 23-1-215 Even though Boswell is not dispositive of the instant case, it is nonetheless instructive because it stands for the proposition that statutes governing multi-jurisdictional agreements must be strictly complied with to ensure the validity of the agreement. See Boswell, 391 S.C. at 602, 707 S.E.2d at 270 (<HOLDING>). Applying this principle to the instant case, Options: A. recognizing this rule B. holding that as to the scope of court review substantial evidence is a stringent limitation C. holding that while a magistrate lacked the authority to enter an order granting a motion to correct error and thus that the order was defective for failing to contain the judges signature or another indication it was approved or adopted by the trial court the city waived any challenge to the validity of the order by failing to make a timely objection and observing that the indiana supreme court has long held that defects in the authority of a court officer as opposed to the jurisdiction of the trial court itself to enter a final order will be waived if not raised through a timely objection and more recently this court has applied the same principle to civil proceedings and clarified that any objection to the authority of an adjudicative officer must be raised at the first instance the irregularity occurs or at least within such time as the tribunal is able to remedy the defect D. recognizing a split of authority on this issue E. recognizing the significance of territorial jurisdiction and concluding that a more stringent approach needs to be followed in order to confer this type of authority

assistant: The best answer is E. recognizing the significance of territorial jurisdiction and concluding that a more stringent approach needs to be followed in order to confer this type of 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: Court cases noted above, did not attempt to define the word “race” nor did it provide a distinction between race and national origin. In the years following the Agnew decision the Ninth Circuit has been presented with a number of cases in which plaintiffs alleging membership in distinctive groups of the population brought suit pursuant to section 1981. In each of these cases the district court had either dismissed the complaint or entered judgment in favor of the defendants. In each instance the circuit court reversed and allowed the plaintiff to sue under section 1981 without any discussion of whether the claims involved discrimination on the basis of race or national origin or of whether such distinction could be made. See Scott v. Eversole Mortuary, 522 F.2d 1110 (9th Cir. 1975) (<HOLDING>); Sethy v. Alameda County Water District, 545 Options: A. holding that an atwill employee may bring a cause of action under section 1981 B. holding by implication that plaintiff a brownskinned person of east indian descent had stated a proper claim under section 1981 C. holding that africanamerican plaintiffs had stated a claim under section 1981 when they were forced to prepay for food ordered in restaurant D. holding that american indian plaintiffs had appropriately pled a claim under section 1981 E. holding that title vii precludes a claim under section 1981 for racial discrimination against a federal employee

assistant: The best answer is D. holding that american indian plaintiffs had appropriately pled a claim under section 1981
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure to exercise and no delay in exercising, on the part of any Agent, any Lender or any Loan Party, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exclusive of any rights, remedies, powers and privileges provided by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and its Subsidiaries, taken as a whole, are, and after giving effect to the incurrence of all Indebtedness and obligations being incurred in connection herewith on the Effective Date 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: All costs and expenses incurred in connection with the transfer and delivery of the Mortgage Loans, including recording fees, fees for title policy endorsements and continuations and the Seller’s attorney’s fees, shall be paid by the Seller. All other costs shall be borne by the party incurring such costs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will maintain, and will cause each of its Subsidiaries to maintain, insurance underwritten by financially sound and reputable insurers, or self -insurance (in accordance with normal industry practice) in such amounts and against such risks as ordinarily is carried or maintained by owners of like businesses and properties in similar circumstances.

assistant: Insurances
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: breach of fiduciary duty under § 1132(a)(2). The court’s inquiry does not end here, however, because the question remains whether this limit on recovery applies to claims under § 1132(a)(3) as well as § 1132(a)(2). While there is a good deal of confusion surrounding this question, case law suggests that § 1132(a)(3) allows for individualized relief. See, e.g., Lee v. Burkhart, 991 F.2d at 1011 (rejecting § 1132(a)(3) claim on grounds that money damages are not recoverable, not on grounds that there is no individual right to recovery); Lorenzen v. Employees Retirement Plan, 896 F.2d 228, 230 (7th Cir.1990) (discussing in dicta that § 1132(a)(3)(B) may impose liability on a fiduciary that runs directly to the beneficiary); Bartucca v. Katy Indus., Inc., 668 F.Supp. 111, 113 (D.Conn.1987) (<HOLDING>). But see Horan v. Kaiser Steel Retirement Options: A. holding that russell does not prohibit an individual suit under 1132a3 B. holding statute does not prohibit victim from making a specific sentencing recommendation C. holding that the eleventh amendment does not prohibit the united states from prosecuting a claim of contribution D. holding that where technical consolidation does not occur and cases are joined merely for convenience each suit retains its individual nature and appeal in one suit is not precluded solely because the other suit is still pending before the district court E. holding individual defendants subject to suit

assistant: The best answer is A. holding that russell does not prohibit an individual suit under 1132a3
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party will, nor will it permit any Subsidiary to, sell, lease or otherwise transfer any property or assets to, or purchase, lease or otherwise acquire any property or assets from, or otherwise engage in any other transactions with, any of its Affiliates, except (a) transactions that (i) are in the ordinary course of business and (ii) are at prices and on terms and conditions not less favorable to such Loan Party or such Subsidiary than could be obtained on an arm’s-length basis from unrelated third parties, (b) transactions between or among any Loan Parties not involving any other Affiliate, (c) any investment permitted by Sections 6.04(c) or 6.04(d), (d) any Indebtedness permitted under Section 6.01(c), (e) any Restricted Payment permitted by Section 6.08, (f) loans or advances to employees permitted under Section 6.04, (g) the payment of reasonable fees to directors of any Borrower or any Subsidiary who are not employees of such Borrower or Subsidiary, and compensation and employee benefit arrangements paid to, and indemnities provided for the benefit of, directors, officers or employees of the Borrowers or their Subsidiaries in the ordinary course of business, (h) any issuances of securities or other payments, awards or grants in cash, securities or otherwise pursuant to, or the funding of, employment agreements, stock options and stock ownership plans approved by a Borrower’s board of directors, and (i) other transactions with Affiliates subject to the satisfaction of the Payment Condition.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided for hereunder shall be given in the form and manner provided in Section 11.01 of the Credit Agreement, and, if to the Administrative Agent or the Collateral Agent, shall be mailed, sent, or delivered to the Administrative Agent or the Collateral Agent in accordance with Section 11.01 of the Credit Agreement, and if to the Borrowers, shall be mailed, sent, or delivered to the Administrative Borrower Agent or the Collateral Agent in accordance with Section 11.01 of the Credit Agreement, and , if to the Borrowers, shall be mailed, sent, or delivered to the Administrative Borrower in accordance with Section 11.01 of the Credit Agreement, and , if to the Specified Bank Products Provider, shall be mailed, sent or delivered to the address set forth below, or, in each case as to any party, at such other address as shall be designated by such party in a written notice to the other party.

assistant: Notices