flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required to be given herein must be delivered by hand, by overnight mail service with proof of delivery or by certified mail, return receipt requested, to the other party at the address stated above or any other address subsequently designated by that party in writing for that purpose.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original agreement, but all of which together shall constitute one and the same instrument. Execution and delivery of this Agreement by facsimile or other electronic transmission shall constitute execution and delivery of this Agreement for all purposes, with the same force and effect as execution and delivery of an original manually signed copy hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a certain period of time. Id. at 532. Our Supreme Court held “that when changing a group policy insuring contributing employees and obtaining the applications of those employees, the employer acts as an agent of the employees [cits.], and as such is under a duty to notify the employees of differences between the old and new policies and of any rights the employees may have to continue the old insurance on an individual basis. We hold further that where this duty is breached, an employee can recover such damages as result from the difference in coverage.” Id. at 535-536. Although this case is somewhat factually different from Dawes Mining, the same analysis of duty and breach are applicable in this case. When an employee makes application for group health insurance coverage and ) (1981) (<HOLDING>). In reaching our decision we are mindful that Options: A. holding the employer breached the duty owed to its employee by erroneously advising the employee he would continue to have coverage for 30 days following his termination of employment under the employers group policy B. holding that employer breached fiduciary duty to disclose that it was considering allowing employees to participate in benefit plan C. holding that the employer created an erisa plan when it 1 paid for the employees insurance 2 contracted with the insurance company for coverage and eligibility requirements and 3 collected and remitted the employees dependents premiums D. holding that the employer breached a duty to its employees by allowing their insurance coverage to lapse without giving them reasonable notification of the lapse E. holding the plain terms of the mortgage did not demonstrate any contractual duty on the mortgagee to procure coverage on plaintiffs property or to notify plaintiff of lapse in coverage

assistant: The best answer is D. holding that the employer breached a duty to its employees by allowing their insurance coverage to lapse without giving them reasonable notification of the lapse
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 and each of its Subsidiaries are in compliance, and since January 1, 2013, have been in compliance, in all material respects, with all U.S. federal, state, local and foreign laws and regulations applicable to them or the operation of their respective business or by which their assets are bound or affected, except as would not reasonably be expected to have a Material Adverse Effect, individually or in the aggregate. None of the Company or any of its Subsidiaries have received any written notice of any material violation of any U.S. federal, state, local and foreign laws and regulations applicable to them or the operations of their respective businesses or by which their assets are bound or affected at any time since January 1, 2013, except as would not reasonably be expected to have a Material Adverse Effect, individually or in the aggregate.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the federal proceeding as, in substance, anything other than a prohibited appeal of the state-court judgment. Pennzoil Co. v. Texaco, Inc., 481 U.S. 1, 25, 107 S.Ct. 1519, 95 L.Ed.2d 1 (1987) (Marshall, J., concurring). Several lower federal courts relied on Justice Marshall’s approach to expand Rooker-Feldman, holding that federal claims were barred because they were “inextricably intertwined” with state-court judgments. Indeed, Rooker-Feldman tripped up plaintiffs in our circuit even though they did not seek relief from a state-court judgment and their claims were not identical to claims asserted in state court. See, e.g., Prince v. Ark. Bd. Exam’rs in Psychol., 380 F.3d 337, 340 (8th Cir.2004) (quoted ante at 754-55); Ace Const. v. City of St. Louis, 263 F.3d 831, 833 (8th Cir.2001) (<HOLDING>); Lemonds v. St. Louis County, 222 F.3d 488, Options: A. holding that religious corporation which owned property had standing to challenge zoning ordinance B. holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff C. holding that the plaintiffs due process challenge to a city ordinance was barred because it was inextricably intertwined with a statecourt ruling that plaintiff lacked standing to challenge the ordinance D. holding certain plaintiffs did not have standing to attack ordinance governing sexually oriented businesses where the record did not reveal that any one of these plaintiffs was subject to the ordinance even though the city attorney conceded at oral argument before the supreme court that one or two of them had had their licenses denied under the ordinance E. holding city ordinance preempted by state law because ordinance prohibited act specifically allowed under state law

assistant: The best answer is C. holding that the plaintiffs due process challenge to a city ordinance was barred because it was inextricably intertwined with a statecourt ruling that plaintiff lacked standing to challenge the ordinance
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 required under this Guaranty shall be personally delivered or sent by first class mail, postage prepaid, or by overnight courier, to the addresses on the signature page of this Guaranty, or sent by facsimile to the fax number(s) listed on the signature page, or to such other addresses as Guarantor may specify from time to time in writing. Notices and other communications shall be effective (i) if mailed, upon the earlier of receipt or five (5) days after deposit in the U.S. mail, first class, postage prepaid, (ii) if telecopied, when transmitted, or (iii) if hand-delivered, by courier or otherwise (including telegram, lettergram or mailgram), when delivered.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and any Related Entity shall have the power and the right to deduct or withhold, or require a Grantee to remit to the Company or a Related Entity, an amount sufficient to satisfy any federal, state, local, domestic or foreign taxes required to be withheld with respect to any taxable event arising with respect to an Award. The Administrator may require or may permit Grantees to elect that the withholding requirement be satisfied, in whole or in part, by having the Company withhold, or by tendering to the Company, Shares having a Fair Market Value equal to the minimum statutory withholding (based on minimum statutory withholding rates for federal and state tax purposes, including payroll taxes) that could be imposed on the transaction and, in any case, which would not result in additional accounting expense to the Company.

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 case excerpt and choose the best holding from the options. Case excerpt: Ins. Co., 512 So.2d 1125, 1128-29 (Fla. 4th DCA 1987). Regarding the difference between the grounds for rescission based on misrepresentations that are material as a matter of law, and misrepresentations that lead an insurer to issue a policy that it otherwise would not have issued if it had known the true facts, we have explained: 'While several of the decisions finding that a misrepresentation was material as a matter of law also address the issue of whether the insurer would have actually issued the policy under the same terms and same premium had it known the true facts, the consideration of that issue [is] not required in making a determination that a misrepresentation was material to the risk or the hazard assumed by the insurer. . ¡ Id. at 1128; see also Salgado, 22 So.3d at 604 (<HOLDING>). Thé determination of materiality under Options: A. holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage B. holding that the law is well settled that if the misrepresentation of the insured were material to the acceptance of the risk by the insurer or if the insurer in good faith would not have issued the policy under the same terms and premium then rescission of the policy by the insurer is proper emphasis added quoting ny life ins co v nespereira 366 so2d 859 861 fla 3d dca 1979 C. holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue D. holding despite a reservation of rights that when the insurer provides a defense to its insured the insured has no right to interfere with the insurers control of the defense and a stipulated judgment between the insured and the injured claimant without the consent of the insurer is ineffective to impose liability upon the insurer E. holding that if the insured is only partially compensated by the insurer both the insurer and the insured are real partiesininterest

assistant: The best answer is B. holding that the law is well settled that if the misrepresentation of the insured were material to the acceptance of the risk by the insurer or if the insurer in good faith would not have issued the policy under the same terms and premium then rescission of the policy by the insurer is proper emphasis added quoting ny life ins co v nespereira 366 so2d 859 861 fla 3d dca 1979
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, to the extent referenced herein, the Merger Agreement, and any other documents delivered by the parties in connection herewith constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, both written and oral, among the parties with respect thereto. Notwithstanding anything contained in this Agreement to the contrary, nothing in this Agreement is intended or shall be construed to give any Person, other than the parties hereto, their successors and permitted assigns, any legal or equitable right, remedy or claim under or in respect of this Agreement or any provision contained herein.

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 legal provision and list the applicable contract clause categories. Provision: You agree that following the Separation Date, you shall cooperate fully with the Company in connection with any matter or event relating to your employment or events that occurred during your employment, including, without limitation, in the defense or prosecution of any claims or actions now in existence or which may be brought or threatened in the future against or on behalf of the Company, including any claims or actions against its affiliates and its and their officers and employees. Your cooperation in connection with such matters, actions and claims shall include, without limitation, being available, upon reasonable notice to meet with the Company regarding matters in which you have been involved, and any contract matters or audits; to prepare for, attend and participate in any proceeding (including, without limitation, depositions, consultation, discovery or trial); to provide affidavits; to assist with any audit, inspection, proceeding or other inquiry; and to act as a witness in connection with any litigation or other legal proceeding affecting the Company. You further agree that should you be contacted (directly or indirectly) by any person or entity (for example, by any party representing an individual or entity) adverse to the Company, you shall promptly notify the Executive Chair of the Company. The Company agrees to reimburse your reasonable, documented out-of-pocket expenses incurred as a direct result of your compliance with this section.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does not compel suppression of physical evidence obtained as a result of a statement taken in violation of Miranda. Thus, it inexorably follows that a statement taken in violation of Edwards, a “second layer of [judicial] prophylaxis,” McNeil, 501 U.S. at 176, 111 S.Ct. 2204, compels the same result. See United States v. Cannon, 981 F.2d 785, 789 (5th Cir.1993) (noting that the derivative evidence doctrine is not triggered by an Edwards violation) (citations omitted). Although the plurality in Patane specifically held that a Miranda violation does not implicate the “fruits doctrine” of Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963), and its progeny, our superior court has addressed this matter within the context of the Edwards rule. See Roa, 24 M.J. at 301 (<HOLDING>) (Everett, C.J., concurring in the result); see Options: A. holding that actual competition is only one factor to be considered in imposing ubit B. holding that the availability of the icrp is but one factor to be considered in determining undue hardship but it is not determinative C. holding that in the absence of an edwards violation the amount of time between interrogation and a defendants statement is only one measure of voluntariness D. holding that the sixth amendment generally permits interrogation of a represented person only 1 if it was the defendant and not the government who initiated the interrogation and 2 if the defendant voluntarily waived his right to counsel E. holding that edwards protection only extends to interrogation and that denial of counsel is only one factor to be considered in determining whether consent was voluntarily given but it is not a decisive fact

assistant: The best answer is E. holding that edwards protection only extends to interrogation and that denial of counsel is only one factor to be considered in determining whether consent was voluntarily given but it is not a decisive fact
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Company of the Transaction Documents and the offer, issuance and sale of the Shares require no consent of, action by or in respect of, or filing with, any Person, governmental body, agency, or official other than filings that have been made pursuant to applicable state securities laws and Nasdaq listing requirements, post-sale filings pursuant to applicable state and federal securities laws which the Company undertakes to file within the applicable time periods and those where the failure to obtain such consent, take such action or make such filing would not reasonably be expected to result in a Material Adverse Effect.

assistant: Consents
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 you acquired the application in the united states or canada , the laws of the state or province where you live ( or , if a business , where your principal place of business is located ) govern the interpretation of these terms , claims for breach of them , and all other claims ( including consumer protection , unfair competition , and tort claims ) , regardless of conflict of laws principles .

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: Notwithstanding anything to the contrary set forth in this Agreement, to the fullest extent permitted by law, the General Partner (which for the purposes of this Section 7.8 shall include the directors, trustees and officers of the General Partner) shall not be liable or accountable for monetary or other damages or otherwise to the Partnership, any Partners or any Assignees for losses sustained, liabilities incurred or benefits not derived as a result of errors in judgment or mistakes of fact or law or of any act or omission unless the General Partner acted in bad faith and the act or omission was material to the matter giving rise to the loss, liability or benefit not derived.

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: Rule 2016(a) requires an attorney seeking compensation to file an application “setting forth a detailed statement of (1) the services rendered, time expended and expenses incurred, and (2) the amounts requested.” Fed.R.Bankr.P. 2016(a). Mr. Desselle argues that he only has to prove to this Court that the services provided were reasonable and necessary pursuant to section 330(a). However, a fee application which sets forth with specificity the exact nature of the services rendered, the time expended, and the expenses incurred is a prerequisite to this Court making a determination that the services were reasonable and necessary. Continental Illinois Nat’l Bank & Trust Co. of Chicago v. Charles N. Wooten, Ltd. (Matter of Evangeline Refining Co.), 890 F.2d 1312, 1326-27 (5th Cir.1989) (<HOLDING>); Muslin v. Golden Triangle Film Labs, Inc. (In Options: A. holding that where plaintiff sought recovery of fees against multiple defendants evidence of unsegregated fees was more than a scintilla of evidence to support fee award what a reasonable attorneys fee would be for the entire case indicates what the segregated amount should be B. holding that awarded fees were reasonable and that proof that attorneys fees are necessary apart from testimony as to the reasonableness of the fee is not required C. holding that the independent counsel reauthorization act does not permit fees claimed for the preparation of a fee application D. holding that fee application must be sufficiently detailed to allow court to make an independent evaluation as to what fees are actual and necessary and finding that failure to keep contemporaneous records does not automatically result in denial of the fees but the lack thereof justifies a reduction of the fee to the level proven E. holding that attorneys fees for the preparation of the fee application are compensable

assistant: The best answer is D. holding that fee application must be sufficiently detailed to allow court to make an independent evaluation as to what fees are actual and necessary and finding that failure to keep contemporaneous records does not automatically result in denial of the fees but the lack thereof justifies a reduction of the fee to the level proven
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a firearm. And that conduct would not involve the use, attempted use, or threatened use of physical force against another person for U.S.S.G. § 4B1.2(a)(l). By contrast, if the shooter ignored telltale signs of the vehicle’s occupancy, such as its presence at a toll booth where the shooter “reasonably should know” the vehicle is occupied, the shooter’s intentional or knowing discharge of a firearm in the direction of the vehicle would violate 720 Ill. Comp. Stat. 5/24-1.2(a)(2) and in turn, such conduct would constitute a § 4B1.2(a)(l) “crime of violence.” Although the shooter may not have known of the vehicle’s occupancy, the shooter still used, attempted to use, or threatened to use physical force against another person. Cf. United States v. Tapia, 610 F.3d 505, 513 (7th Cir.2010) (<HOLDING>); People v. Juarez, 278 Ill.App.3d 286, 214 Options: A. holding that there was sufficient evidence that the defendant was alleged to have violated 720 ill comp stat 52412a1 because the shooting occurred in the early hours of the morning when the home would likely be occupied and in fact was B. holding that the facts that the vehicle described in the tip was parked outside the home that allen gave inconsistent answers to officers questioning and that in addition the defendant fit the physical description of the suspect were sufficient to support the officers reasonable inference that the defendant was actually the suspect and therefore that there was probable cause to arrest him C. holding that the defendant lacked sufficient contacts with the forum state because there was no evidence the defendant knew where the product would be sold D. holding that even if the industry and federal regulations evidenced an inherent danger and the defendant knew or should have realized that the device was or was likely to be dangerous for the use for which it was supplied there was a complete absence of evidence that the defendant had reason to believe that the plaintiff or its employees would not realize the danger E. holding that reasonable suspicion existed for an investigatory stop of a vehicle the defendant was driving slowly in the early morning hours down a deadend street where businesses had previously been robbed where the defendant was dressed shabbily but the vehicle was real nice and where the defendant appeared to avoid the officers gaze in passing

assistant: The best answer is A. holding that there was sufficient evidence that the defendant was alleged to have violated 720 ill comp stat 52412a1 because the shooting occurred in the early hours of the morning when the home would likely be occupied and in fact was
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 any disputes hereunder shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: trial court. We read the trial court’s comment that Digital Broadcast had not complied with the requirements of Rule 55(c) as a reference to the requirement of a verified answer or assertion of the court’s lack of jurisdiction. Although the trial court did not explain why the asserted lack of personal jurisdiction was insufficient, we conclude that the assertion fails as a matter of law. Digital Broadcast’s only asserted defense was that the Superior Court lacked personal jurisdiction because Digital Broadcast is incorporated and located elsewhere and has “no business operations in the District of Columbia.” In asserting that defense, Digital Broadcast bore the burden of alleging facts that, if proven, would demonstrate a lack of personal jurisdiction. Cf. Venison, 756 A.2d at 911-12 (<HOLDING>). Digital Broadcast failed to meet that burden. Options: A. holding that plaintiffs statistical evidence failed to establish prima facie case or pretext where evidence failed to make specific analytical comparisons B. holding that the plaintiff failed to establish a prima facie case of retaliation because there was no evidence that the decisionmaker knew of the plaintiffs protected conduct C. holding that without more the mere fact that the prosecutor used a high number of strikes to remove women from the venire is insufficient to establish a prima facie case D. holding that the simple assertion that the district of columbia failed to follow the proper procedures in selling a property for delinquent taxes without citing supporting evidence is insufficient to establish a prima facie defense under rule 60b E. holding that a movants failure to establish a prima facie case for the underlying substantive relief is a proper ground for the bia to deny a motion to reopen

assistant: The best answer is D. holding that the simple assertion that the district of columbia failed to follow the proper procedures in selling a property for delinquent taxes without citing supporting evidence is insufficient to establish a prima facie defense under rule 60b
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with prejudice.”); LaPrade v. Lehman, 490 A.2d 1151, 1155 (D.C.1985) (“In the exercise of its discretion under Rule 41(b), the trial court 'should first resort to the wide range of lesser sanctions which it may impose.’ ”) (quoting Garces v. Bradley, 299 A.2d 142, 144 (D.C.1973)). 58 . Techniarts Video, 572 A.2d at 1054 (citations omitted). 59 . Wolfe, 618 A.2d at 173 (alteration and internal quotation marks omitted); see also Granville v. Hunt, 566 A.2d 65, 66 (D.C.1989). 60 . Wolfe, 618 A.2d at 173. 61 . See id. ("When the conduct calling for sanctions consists of delay, ... relevant factors include the length of the delay and the resulting prejudice, if any, to the defendant."). 62 . 680 A.2d at 438. 63 . Id. 64 . See Lofton v. Kator & Scott, 802 A.2d 955, 957-58 (D.C.2002) (<HOLDING>); Dobbs v. Providence Hosp., 736 A.2d 216, 220 Options: A. holding that the trial court had abused its discretion in dismissing the case without allowing appellants an opportunity to amend B. holding that the trial court abused its discretion in dismissing a case after the parties allowed it to lay dormant for at least fourteenandahalfmonths C. holding trial court abused its discretion when it struck the appellants intervention D. holding that the trial court abused its discretion by allowing expert testimony that directly linked the characteristics of sexually abused children to the complainants in this case E. holding that the decision whether to apply the exhaustion requirement in an erisa case is committed to the district courts sound discretion but that the district court abused its discretion by not dismissing the suit for failure to exhaust administrative remedies

assistant: The best answer is B. holding that the trial court abused its discretion in dismissing a case after the parties allowed it to lay dormant for at least fourteenandahalfmonths
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Agreement, and consummation of the transaction described in this Agreement, will not conflict with or constitute a default under (i) any contract, lease, or agreement to which Purchaser is a party or to which Purchaser is subject, (ii) any of Purchaser’s organizational documents, or (iii) any provision of any bond, note or other instrument of indebtedness, indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument to which Purchaser is a party or which is binding on Purchaser in its individual capacity.

assistant: No Defaults
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 agree that they have been represented by counsel during the negotiation and execution of this Agreement and, therefore waive the application of any law, regulation, holding or rule of construction providing that ambiguities in an agreement or other document will be construed against the party drafting such agreement or document.

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 legal provision and list the applicable contract clause categories. Provision: The Guarantor shall give notice to the Administrative Agent promptly after becoming aware of the same, of (i) the occurrence of any Series 2002-1 Early Amortization Event, Potential Series 2002-1 Early Amortization Event, Event of Default or Default, including any steps taken to remedy or mitigate the effect of such default; (ii) any changes in taxes, duties or other fees of Bermuda or any political subdivision or taxing authority thereof or any change in any laws of Bermuda, in each case, that may affect any payment due under this Guaranty or the other Loan Documents and Transaction Documents; (iii) any change in the Guarantor’s, BLFC’s or the Master Trust’s public or private rating by S&P or Moody’s; and (iv) any development or event which has had, or which the Guarantor in its good faith judgment believes will have, a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the period November 13, 2015 to December 31, 2015, the Company will pay you a $15,916.67 semi-monthly salary, less applicable taxes and withholding and payable in accordance with the Company’s regular payroll schedule, and you will continue to be eligible to participate in the benefits for which you are currently eligible, including participation in the Company-sponsored health benefits plan and continued vesting of stock options, to the fullest extent allowed by the governing plans, agreements, or policies, except that you will no longer continue to accrue paid vacation after November 12, 2015. Furthermore, pursuant to paragraph 4 of the offer letter between you and the Company dated June 30, 2014 (the “Offer Letter”), you will continue to be eligible to receive your 2015 management by objectives bonus prorated to November 12, 2015 if (i) you carry out the Transition Services cooperatively and diligently as determined by the Company in good faith and in its sole discretion in full, (ii) the Consultancy commences, and (iii) you do not terminate the Consultancy (defined below) prior to March 15, 2016. The compensation described in this Paragraph 2(b) will be your sole compensation from the Company during the Transition Period, and supersedes and replaces all other compensation arrangements, including those provided for in the Offer Letter.

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: You acknowledge and agree that certain payments and benefits described herein are in excess of the total payments and benefits that you would otherwise be eligible to receive upon your termination of employment, absent this Agreement. In order to induce the Company to enter into this Agreement to provide you these additional benefits, you will (a) sign the General Release as set forth as Appendix A hereto, within 21 days of receipt, (b) not revoke such General Release within the 7-day period as set forth in the General Release and (c) on the Separation Date or your earlier termination of employment, or as soon as practicable thereafter, sign the Reaffirmation Page as set forth as Appendix B hereto and not timely revoke the Reaffirmation Page within the 7-day period as set forth in the General Release. In addition to your execution and non-revocation of the General Release and Reaffirmation Page, as applicable, your continuing entitlement to the payments and benefits described in this Agreement is subject to your continuing compliance with the provisions of Sections 7, 9 and 10 of this Agreement. You hereby acknowledge that, except as otherwise specifically provided in this Agreement, you will not be entitled to any cash or non-cash consideration or other benefits of any kind from the Company, including any payments or benefits to which you may have been entitled under any of the Company’s equity compensation plans and related award agreements or any other agreement with the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: against imposition of punitive damages on governmental entities.” Vt. Agency of Nat. Res, v. United States, 529 U.S. 765, 784, 120 S.Ct. 1858, 146 L.Ed.2d 836 (2000) (citation omitted). Consequently, the inquiry here is whether Plaintiffs argument that Defendant actually is not a municipality, and thus the punitive damages immunity is inapplicable, is valid. (See Br. in Opp’n (Doc. 21) at 13.) “The board of education of each county in the State shall be a body corporate ....” N.C. Gen. Stat., § 115C-40. Among other powers, duc., 315 F.Supp.2d 784, 810 (M.D.N.C.2004) (“Defendant Guilford County Board of Education is a governmental entity and therefore is immune from punitive damages,” (citation omitted)); Long v. City of Charlotte, 306 N.C. 187, 208, 293 S.E.2d 101, 115 (1982) (<HOLDING>); Ripellino v. N.C. Sch. Bds. Ass’n, 158 Options: A. holding that the state is immune from punitive awards B. holding that a municipality is immune from punitive damages under 42 usc 1983 C. holding that port authority is immune from punitive damages D. holding that in the absence of statutory provisions to the contrary municipal corporations are immune from punitive damages E. recognizing that the municipal function test is used to determine both whether municipalities are immune from suit and immune from running of statutes of limitations

assistant: The best answer is D. holding that in the absence of statutory provisions to the contrary municipal corporations are immune from punitive damages
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: 284 So.2d 905, 915-16 (La.1973); see Tesvich v. 3-A’s Towing Co., 547 So.2d 1106, 1111 (La.Ct.App.1989) (“[W]e have concluded on the basis of Lombard that the claim of each plaintiff with respect to his or her leases constitutes a separate occurrence.” (citation omitted)); see also Reynolds v. Transcon. Ins. Co., Civ. A. Nos. 94-1367, 94-1432, 1995 WL 16795, at *5-6 (E.D.La. Jan.17, 1995) (Duval, J.) (discussing and applying Lombard, Tesvich, and Soc’y of the Roman Catholic Church v. Interstate Fire & Cas. Co., 26 F.3d 1359 (5th Cir.1994)). The property damage in the DuroSeal petitions allegedly arose because of several negligent and fraudulent acts on the part of Jotun and others. Each of these acts does not constitute a separate bes, Inc., 924 So.2d 1131, 1133 (La.Ct.App.2006) (<HOLDING>); Korossy v. Sunrise Homes, Inc., 653 So.2d Options: A. holding that a partys responsibility for damage from any cause included damage cause by the indemnitee B. holding that property damage occurred when condominium owners received architects report detailing damage not during the four years of construction of the condos C. holding that property damage occurred when homeowners noticed damage not when house was improperly constructed D. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations E. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did

assistant: The best answer is B. holding that property damage occurred when condominium owners received architects report detailing damage not during the four years of construction of the condos
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: California may constitutionally define marriage as the union of a man and a woman will be wholly determined by the ultimate ruling on the constitutionality of Prop. 8, because any California law defining marriage as the union of a man and a woman would be invalidated if Prop. 8 were found to be unconstitutional, and affirmed if Prop. 8 were held to be constitutional. Given the identity of interests, the presumption of adequate representation applies. b. The Campaign Has Failed To Rebut The Presumption Of Adequate Representation Because the Proponents’ and the Campaign’s interests are essentially identical, the Campaign may only defeat the presumption of adequate representation with a “compelling showing” to the contrary. Arakaki, 324 F.3d at 1086; see also Prete, 438 F.3d at 957-59 (<HOLDING>). We assess the Campaign’s rebuttal argument in Options: A. holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute B. holding an organization had standing because some of its individual members did C. holding that an organization whose members are injured may represent those members even where the organization itself cannot show injury D. holding that a public interest organization seeking intervention to defend a state constitutional ballot initiative failed to defeat the presumption of adequate representation when the ultimate objective of both the organization and the defendant party was to uphold the measures validity E. holding where contributions to lobbying organization were generally not tax exempt exception for veterans organization was speakerbased discrimination not aimed at the suppression of ideas and satisfied rational scrutiny

assistant: The best answer is D. holding that a public interest organization seeking intervention to defend a state constitutional ballot initiative failed to defeat the presumption of adequate representation when the ultimate objective of both the organization and the defendant party was to uphold the measures validity
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: releasees especially — individuals who while in custody have been subject to much more severe intrusions if their corporeal privacy than a sterile blood draw ..., and who therefore leave prison with substantially reduced sensitivities to such exposure — the DNA Act’s compelled breach of their bodily integrity is all the less offensive.”). The two intrusions at issue — the initial blood draw and the maintenance of the genetic information in CODIS indefinitely — must be considered against the backdrop of the probationer’s or releasee’s reduced expectation of privacy in information related to their identity. In general, the Supreme Court and the Tenth Circuit have deemed the level of intrusion caused by a blood or saliva test to be minimal. See Skinner, 489 U.S. at 625, 109 S.Ct. 1402 (<HOLDING>); Boling, 101 F.3d at 1340 (noting “minimal Options: A. holding search of blood alcohol tests not permitted under section 1547 where suspect under arrest and police did not request testing B. holding that the best interest of the child was the proper standard to apply in determining whether blood tests should be conducted C. holding that blood tests do not infringe significant privacy interests D. recognizing that schmerber stated that societys judgment that blood tests do not constitute an unduly extensive imposition on an individuals privacy and bodily integrity E. holding that the best interest of the child is the paramount concern in determining whether to order blood tests to determine paternity

assistant: The best answer is C. holding that blood tests do not infringe significant privacy interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Of the seven names included in Kreso’s letter, only Ann Jodway is also mentioned in Kreso’s appellate briefing. Although Kreso argues he was denied the right to cross-examine Ms. Jodway to expose her biases, he does not identify any statements she made to the AIB or the DAB and it appears he, instead, considered her a character witness. See SIL-FLO, Inc. v. SFHC, Inc., 917 F.2d 1507, 1513-14 (10th Cir.1990) (setting out the well-established rule that this court does not sift through the record to find evidence supporting a party’s position). This court does not engage in speculation. Kreso’s due process argument as to Ms. Jodway fails because he has wholly failed to present any meaningful argument that this court can address. See Meder v. Okla. City, 869 F.2d 553, 555 (10th Cir.1989) (<HOLDING>), abrogated on other grounds by Am. Mfrs. Mut. Options: A. holding that because plaintiff failed to allege invidious discrimination based upon his membership in a protected class his equal protection claim failed at its inception B. holding that cue required a showing that the alleged error in the challenged decision would have manifestly changed the outcome at the time it was made C. holding due process claim failed because plaintiff failed to explain how confrontation and crossexamination would have changed the outcome of his hearing D. holding that the expert failed to explain how the defendants device operated in an equivalent manner to one of the patent claims E. holding a party failed to preserve error on its constitutional due process argument concerning notice when they did not cite any state or federal constitutional provision to the trial court or otherwise explain how lack of notice violated their constitutional rights

assistant: The best answer is C. holding due process claim failed because plaintiff failed to explain how confrontation and crossexamination would have changed the outcome of his hearing
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: C.R.S. (2006). 2 . 25 U.S.C. § 1911(b) (2000) states: In any State court proceeding [concerning] ... an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent, upon the petition of either parent or the Indian custodian or the Indian child's tribe.... 3 . Article VI, section 15 of the Colorado Constitution establishes the juvenile court of the city and county of Denver. Denver is the only county to have separate probate and juvenile courts. Other counties in Colorado handle probate and juvenile matters in their district courts. 4 . See, e.g., L.L. v. People, 10 P.3d 1271, 1274, 1277 (Colo.2000) (<HOLDING>). While L.L. was a case of guardianship in the Options: A. holding foster parents not liable for willful act of their foster child B. recognizing childrens need for stability and permanency and thus upholding placement of children in permanent guardianship of foster parents C. holding that a superior court properly considered the childrens need for permanency a crucial need for young children in evaluating the best interests of the child in a termination proceeding D. recognizing that prolonged pattern of failed treatment threatens childrens future stability E. recognizing need for custodial stability and permanency planning for children adjudged dependent or neglected and removed from physical custody of their parents without terminating the parentchild relationship

assistant: The best answer is B. recognizing childrens need for stability and permanency and thus upholding placement of children in permanent guardianship of foster parents