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: Tenant represents and warrants that, except for Duke Realty Services, LLC representing Landlord, no other real estate broker or brokers were involved in the negotiation and execution of this Amendment. Tenant shall indemnify Landlord and hold it harmless from any and all liability for the breach of any such representation and warranty on its part and shall pay any compensation to any other broker or person who may be deemed or held to be entitled thereto.

assistant: Brokers
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: Maker shall (i) indemnify and hold harmless Holder and his affiliates, corporations, partners, employees, attorneys and agents (each, an “ Indemnified Party ”) from and against any and all suits, actions, fines, deficiencies, penalties, proceedings, claims, damages, losses, liabilities, expenses and taxes (including reasonable attorneys’ fees and disbursements and other out-of-pocket costs of investigations or defense, including those incurred upon any appeal) (each, a “ Claim ”) that may be instituted or asserted against or incurred by an Indemnified Party (A) as the result of the Note, or (B) in connection with any action to enforce payment of the Note, and regardless of whether the Indemnified Party is a party to any Claim and (ii) reimburse each Indemnified Party, immediately upon the Indemnified Party’s demand, for any reasonable legal or other out-of-pocket expenses incurred in connection with investigating, defending or participating in any Claim, whether commenced or threatened (whether or not the Indemnified Party is a party to any action or proceeding out of which any expenses arise). NEITHER HOLDER NOR ANY OTHER INDEMNIFIED PARTY SHALL BE RESPONSIBLE OR LIABLE TO ANY OTHER PARTY HERETO, ANY SUCCESSOR, ASSIGNEE OR THIRD PARTY BENEFICIARY OF ANY OTHER PARTY OR ANY OTHER PERSON ASSERTING CLAIMS DERIVATIVELY THROUGH ANY OTHER PARTY, FOR INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHICH MAY BE ALLEGED AS A RESULT OF CREDIT HAVING BEEN EXTENDED OR OTHERWISE IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tenant hereby acknowledges and agrees that the Lease is in full force and effect, Landlord is not currently in default under the Lease, and, to the best of Tenant’s knowledge, no event has occurred which, with the giving of notice or the passage of time, or both, would ripen into Landlord’s default under the Lease. Landlord hereby acknowledges and agrees that the Lease is in full force and effect, Tenant is not currently in default under the Lease, and, to the best of Landlord’s knowledge, no event has occurred which, with the giving of notice or the passage of time, or both, would ripen into Tenant’s default under the Lease. The Lease, as hereby amended. contains all agreements of the parties with respect to the lease of the Premises. No prior or contemporaneous agreement or understanding pertaining to the Lease, as hereby amended, shall be effective.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Closing of this transaction will take place upon the “Instrument of Transfer” being stamped by the Stamp Office at the Inland Revenue Department in Hong Kong with the appropriate Stamp Duties paid, as per Section 1.03 below.

assistant: Closings
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 Debtor's monthly net income deducts taxes, insurance and 40IK deductions. In completing the disposable income calculation on Official Form B22C, these expenses are subtracted from CMI. 7 .See the Debtor's Amended Form B22C (Doc. 20, line 52). The Debtor separately listed an $800 expense for support “provided for dependents not in the household.” (Doc. 20, line 59). 8 . The current state of the support obligation, including whether the support is voluntary, is unclear from this record. The $1,719 figure appears to arise from the February 21, 2007 temporary order of the state court (Doc. 43, p. 4-5) and is the Debtor’s reason for modification (Doc. 43, p. 1). However, the record does not show a final order from the state court and the Debtor refers to volu .R. 768 (9th Cir.BAP 2005) (<HOLDING>). Although cited by neither party, the court Options: A. holding that the general corporate laws are incorporated into the corporate charter B. holding patent policy incorporated by reference into patent agreement C. holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint D. holding that plaintiff entitled to recover for changes not incorporated into contract under theory of breach E. holding 1325b is not incorporated into 1329

assistant: The best answer is E. holding 1325b is not incorporated into 1329
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: 5 . Although the scope of a search incident to arrest appears to be greater where people other than the arrestee may gain access to weapons or evidence, case law generally requires some evidence that this concern was actually present before so extending the scope. See, e.g., Harrison, 805 P.2d at 785 (upholding search ten feet away from arrestee at time he was restrained, holding such distance "was sufficiently within [his] immediate control ... to permit its search incident to [his] arrest”; noting "separate safety concern also justified searching the diaper bag at the arrest scene” where "there was no way to secure it at the scene pending the obtaining of a warrant to search it" because someone would eventually have to get into bag to take care of child); Bennett, 908 F.2d at 193 (<HOLDING>). 6 . We note the State did not address the Options: A. holding that city ordinances ban on assault weapons was vague because the ordinance lacked a scienter requirement and its definitions of assault weapons inter alia unfairly required gun consumers to ascertain the developmental history of particular weapons or monitor the precise types of ammunition available for their weapons B. holding enhancement not appropriate because of two and onehalf month lapse between the criminal activity and the discovery of the weapons and no evidence that weapons were present when defendant committed charged offense C. recognizing as reasonable an officers inference that a driver could be hiding weapons in his car when his passenger had an outstanding warrant for a weapons violation D. holding that officers were not justified in conducting a protective sweep incident to the defendants arrest despite the defendants alleged involvement with narcotics and possession of weapons because the defendant did not resist and there was no noise or other evidence suggesting anyone else was present in the house E. holding search of armed robbery defendants suitcases and between mattresses of hotel room proper where at time of arrest officers were aware that the defendants had used several different weapons during the robberies and that one weapon a loaded revolver was in plain view concluding officers reasonably feared that someone else was going to come to the room who knew where the other weapons were or that the defendants would position themselves to take advantage of any hidden weapons or instrumentalities

assistant: The best answer is E. holding search of armed robbery defendants suitcases and between mattresses of hotel room proper where at time of arrest officers were aware that the defendants had used several different weapons during the robberies and that one weapon a loaded revolver was in plain view concluding officers reasonably feared that someone else was going to come to the room who knew where the other weapons were or that the defendants would position themselves to take advantage of any hidden weapons or instrumentalities
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we may have little or no control over such sites or developers and , accordingly , you acknowledge and agree that ( i ) we are not responsible for the availability of such external sites , content or applications ; ( ii ) we are not responsible or liable for any content or other materials or performance available from such sites or applications and ( iii ) we shall not be responsible or liable , directly or indirectly , for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content , materials or applications .

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: This Amendment shall in all respects be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts executed and to be performed entirely within such State and shall be further subject to the provisions of § 19 and § 23 of the Credit Agreement.

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: for the purposes of res judicata.”); Heade v. Washington Metro. Area Transit Auth., No. 09-02460, 2010 WL 938462, at *2 n. 2 (D.D.C. Mar. 12, 2010) (“Plaintiff’s contention that the arbitration’s findings do not bar her claim because she was not a party to that proceeding is also without merit .... [since] she was in privity with her union.”); see also Hitchens v. County of Montgomery, 98 Fed.Appx. 106, 114 (3d Cir.2004) (“[C]ourts have held union members to be in privity with the union and have held-that a decision against a union can bind union members in a subsequent action.” (citing Handley v. Phillips, 715 F.Supp. 657, 666-67 (M.D.Pa.1989); Stokes v. Bd. of Tr. of Temple Univ., 683 F.Supp. 498, 502 (E.D.Pa.1988)); Monahan v. Dep’t. of Corr., 214 F.3d 275, 285-86 (2d Cir.2000) (<HOLDING>); Meza v. Gen. Battery Corp., 908 F.2d 1262, Options: A. recognizing that union members interests are adequately represented by the union B. recognizing that the involvement of supervisory union members in union affairs conflicts with the need to assure the complete devotion of union negotiating teams to employee interests C. holding that a rico action by union members was properly dismissed where any financial improprieties occurred with union funds and directly injured solely the union D. holding union members state law claims for defamation against union preempted E. recognizing union members vital concern in preserving jobs for union members

assistant: The best answer is A. recognizing that union members interests are adequately represented by the union
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party and each Restricted Subsidiary has timely filed or caused to be timely filed (except for extensions duly obtained) Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it, except (a) Taxes that are being contested in good faith by appropriate proceedings and for which such Loan Party or such Restricted Subsidiary, as applicable, has set aside on its books adequate reserves in accordance with GAAP or (b) to the extent that the failure to do so could not be expected to result in a Material Adverse Effect.

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: rights within the scope of federal copyright.” Thus, Plaintiffs state law claim for unfair and deceptive trade practices is preempted by copyright law, and the court should dismiss this claim. Accord Iconbazaar, L.L.C. v. Am. Online, Inc., 308 F.Supp.2d 630, 637 (M.D.N.C.2004) (finding a claim under N.C. Gen.Stat. § 75-1.1 preempted by copyright law and stating: “While there may be extra elements of fraud or deceit in any given unfair trade practices claim, there are no additional elements required in order to state an unfair trade practices claim than there are required to state a copyright claim. Accordingly, the state law claim is preempted by federal copyright law.”) (emphasis in original); see also Microstrategy, Inc. v. Netsolve, Inc., 368 F.Supp.2d 533, 535 (E.D.Va.2005) (<HOLDING>). Plaintiff contends, however, that he alleges Options: A. recognizing that copyright offices interpretation of copyright act should ordinarily receive deference B. holding that declaratory judgment and unjust enrichment claims were preempted notwithstanding that plaintiff did not assert a copyright claim C. holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement D. holding that the copyright act distinguishes between employees and independent contractors for copyright possession E. holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement

assistant: The best answer is C. holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement
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: Not later than five (5) Business Days after receipt thereof by any Loan Party or any Subsidiary thereof, copies of all notices, requests and other documents (including amendments, waivers and other modifications) so received under or pursuant to any instrument, indenture, loan or credit or similar agreement relating to outstanding Indebtedness greater than the Threshold Amount and regarding or related to any breach or default by any party thereto or any other event that could reasonably be expected to have a Material Adverse Effect and, from time to time upon request by the Administrative Agent, such information and reports regarding such instruments, indentures and loan and credit and similar agreements as the Administrative Agent may reasonably request.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: headspace reserves the right , at its own expense , to assume the exclusive defense and control of any matter otherwise subject to indemnification by you , and in such case , you agree to cooperate with headspace defense of such claim .

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: In case any provision in or obligation under this Security Agreement shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of such provision or obligation in any other jurisdiction, shall not in any way be affected or impaired thereby.

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: relief adverse to the rights of the mother. Characterizing Hewitt as a petitioner is consistent with Walker’s liberal construction of the mandatory transfer provision. See id. (condemning severe limitations “without good reason”). Thus, Hewitt was properly before the trial court as a petitioner. Section 155.204 of the Family Code does not distinguish between petitioners and counter-petitioners. Instead, “[a] motion to transfer by a petitioner or movant is timely if it is made at the time the initial pleadings are filed.” Tex.Fam.Code Ann. § 155.204(a) (Vernon Supp.1996). The italicized portion refers to the first pleading filed by that petitioner. See Walker, 729 S.W.2d at 123; cf. Garza v. Texas Dep’t of Human Servs., 757 S.W.2d 44, 47-48 (Tex.App.—San Antonio 1988, writ denied) (<HOLDING>). Because Hewitt joined the suit as a Options: A. holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit B. holding an inmate must exhaust all available administrative remedies before filing suit and if exhaustion was not completed at the time of filing dismissal is mandatory C. holding that the initial filing of a suit later voluntarily dismissed is not the effective date of a second suit because a voluntary dismissal does not toll or affect in any way the continuous running of the applicable statutory time period D. holding that an employees private arbitration agreement with her employer precluded her from filing suit against the employer under the adea E. holding that a plaintiff cannot avoid dismissal under rcfc 12b6 by asserting a new claim

assistant: The best answer is A. holding that a respondent cannot avoid the initial pleading element by obtaining a dismissal and filing her own suit
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 PATENT SECURITY AGREEMENT SHALL BE SUBJECT TO THE PROVISIONS REGARDING CHOICE OF LAW AND VENUE AND JURY TRIAL WAIVER SET FORTH IN SECTION 14 OF THE LOAN AGREEMENT, AND SUCH PROVISIONS ARE INCORPORATED HEREIN BY THIS REFERENCE, MUTATIS MUTANDIS .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the payments and benefits provided to the Executive under the Employment Agreement and after consultation with counsel, the Executive and each of the Executive’s respective heirs, executors, administrators, representatives, agents, insurers, successors and assigns (collectively, the “ Releasors ”) hereby irrevocably and unconditionally release and forever discharge the Company, its subsidiaries and affiliates and each of their respective officers, employees, directors, shareholders and agents (“ Releasees ”) from any and all claims, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “ Claims ”), including, without limitation, any Claims under any federal, state, local or foreign law, that the Releasors may have, or in the future may possess, arising out of (i) the Executive’s employment relationship with and service as an employee, officer or director of the Company, Viacom (as defined in the Employment Agreement) or any subsidiaries or affiliated companies and the termination of such relationship or service, and (ii) any event, condition, circumstance or obligation that occurred, existed or arose on or prior to the date hereof and relates to your employment with Viacom; provided, however, that the Executive does not release, discharge or waive any rights to (i) payments and benefits provided under the Employment Agreement that are contingent upon the execution by the Executive of this Agreement or otherwise expressly survive termination thereof and (ii) any indemnification rights the Executive may have in accordance with the Company’s governance instruments or under any director and officer liability insurance maintained by the Company with respect to liabilities arising as a result of the Executive’s service as an officer and employee of 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: timely and compliant suspension letter). The effect of enforcing the Act’s mandatory procedures as written does not deprive non-compliant claimants of rights they had at common law or that exist outside of the Act; rather, the only effect of failing to fulfill the Act’s statutory prerequisites is that the claimant may not receive the benefits otherwise available under the Act. Cf. Wilkins, 47 S.W.3d at 492-96 (declining to construe failure to comply with promptness requirement to bar suit on common law cause of action). And because the right to compensation Blair seeks is created by the Act and did not exist at common law, the Open Courts provision of the Texas Constitution is not implicated. See Tex. Const. art. I, § 13; see also Sax v. Votteler, 648 S.W.2d 661, 665-66 (Tex.1983) (<HOLDING>). 4. Application Blair failed to comply with Options: A. holding that if no notice was given prior to the institution of an action a condition precedent to the right to bring the action does not exist and the buyerplaintiff has lost the right of his remedy B. holding that the right to bring a wellestablished common law cause of action cannot be effectively abrogated by the legislature absent a showing that the legislative basis for the statute outweighs the denial of the constitutionallyguaranteed right of redress C. holding that the statutes abrogated the common law D. recognizing the cause of action E. holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest

assistant: The best answer is B. holding that the right to bring a wellestablished common law cause of action cannot be effectively abrogated by the legislature absent a showing that the legislative basis for the statute outweighs the denial of the constitutionallyguaranteed right of redress
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the Loan Parties is in violation of any Anti-Terrorism Law or engages in or conspires to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the Anti-Terrorism Laws.

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 legal provision and list the applicable contract clause categories. Provision: Purchasers acknowledge and agree that they have not been induced by and have not relied on any representations, warranties or statements, whether express or implied, made by Shareholder or any Seller or any of their representatives, Affiliates, or agents that are not expressly set forth in this Agreement, whether or not any of those representations, warranties or statements were made in writing or orally.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 7.4.6 as a co-host , you will not be reviewed by guests , meaning that your co-host activities will not affect your reviews or ratings for other listings for which you are a host .

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 345 U.S. 377 73 S.Ct. 759 97 L.Ed. 1086 UNITED STATESv.JONES. No. 556. Decided April 13, 1953. Walter J. Cummings, Jr., Sol. Gen., Washington, D.C., for the United states. Messrs. Patrick C. Whitaker and Thomas P. Whitaker, Tampa, Fla., for appellee. PER CURIAM. 1 Invoking the Criminal Appeals Act, 18 U.S.C. § 3731, 18 U.S.C.A. § 3731, the Government appeals from a dismissal of a two-count information charging appellee with violations of the Civil Rights Act, 18 U.S.C. § 242, 18 U.S.C.A. § 242. 2 The District Court construed the information to charge that appellee, an officer in a Florida state prison, whipped certain prisoners entrusted to his custody 'for the purpose and with the intent of disciplining said prisoners.' The District Court held that mere disciplinary action by state prison officials is no offense under the Civil Rights Act, supra, and dismissed the information. 3 On appeal, the Government predicates its argument for reversal upon the assumption that the information charges for more than the District Court found it charged. The Government construes the information to charge that appellee wilfully extorted confessions of violations of prison rules from the prisoners and wilfully inflicted illegal summary punishment upon them, in violation of the laws of Florida and the Constitution of the United States. Thus, the Government's appeal—the theory of the prosecution—is based upon a construction of the information which differs significantly from the construction which the District Court has placed upon it. 4 The Criminal Appeals Act, supra, strictly limits the scope of our jurisdiction over this appeal. We may only entertain questions relating to the construction of the Civil Rights Act, supra, and its applicability to this information. We cannot re-examine the information and construe it de novo, for we are bound by the District Court's construction. United States v. Borden Co., 1939, 308 U.S. 188, 60 S.Ct. 182, 84 L.Ed. 181. 5 Under the Criminal Appeals Act, we have the power to remand this case to the Court of Appeals if we are of the 'opinion' that the appeal 'should have been taken to a court of appeals'. 18 U.S.C. § 3731, 18 U.S.C.A. § 3731. We think this case is appropriate for the exercise of the power which Congress has entrusted to our discretion. The initial issue—and a critical issue—raised by the Government's appeal obviously involves questions relating to the correctness of the District Court's construction of the information and not to that court's interpretation of the scope of the Civil Rights Act, supra. Those questions cannot be resolves in a direct appeal to this Court, but they can be reviewed should the case be remanded to the Court of Appeals for the Fifth Circuit. Accordingly, we remand this appeal to the Court of Appeals for further proceedings in that court. It is so ordered. 6 Case remanded to Court of Appeals.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.10 , 12RT does not have any subsidiaries or agreements of any nature to acquire any subsidiary or to acquire or lease any other business operations. Each subsidiary of 12RT is a corporation duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation and has the requisite corporate power and authority to own, lease and to carry on its business as now being conducted. Each subsidiary of 12RT is duly qualified to do business and is in good standing as a corporation in each of the jurisdictions in which 12RT owns property, leases property, does business, or is otherwise required to do so, where the failure to be so qualified would have a material adverse effect on the business of 12RT and its subsidiaries taken as a whole. 12RT owns all of the shares of each subsidiary of 12RT and there are no outstanding options, warrants, subscriptions, conversion rights, or other rights, agreements, or commitments obligating any subsidiary of 12RT to issue any additional common shares of such subsidiary, or any other securities convertible into, exchangeable for, or evidencing the right to subscribe for or acquire from any subsidiary of 12RT any shares of such subsidiary.

assistant: Subsidiaries
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 nor any of its Subsidiaries (a) is in violation of any applicable laws, rules, regulations, executive orders, or codes (including Environmental Laws) that individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect, or (b) is subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All representations, warranties, covenants and agreements made herein and which by their express terms or by implication are to be performed after the execution and or termination hereof, or are prospective in nature, shall survive such execution or termination, as the case may be, including Sections 2.6.3 , 2.6.5 , 2.6.6 , 3.7 , 3.9 , 3.17 , 3.18 , 3.20 , 3.21 , 6.1 , 7.4 , ARTICLE VIII , Section 9.3 , Section 9.4 (solely to the extent a Triggering Event had occurred prior to the expiration or termination of this Agreement or if this Agreement is terminated pursuant to Section 9.2.5 ), ARTICLE X , Sections 11.1 , 11.2 , 11.4 , 11.5 , 12.1 , 12.2 , 12.3 , 12.4 , 12.5 , 12.7 , 12.8 and 12.9 .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any `` virtual currency '' balance shown in your account does not constitute a real-world balance or reflect any stored value , but instead constitutes a measurement of the extent of your limited license .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: are admissible if they meet one of the exceptions under the Federal Rules of Evidence. FED. RULE EVID. 802. Thus, police investigative reports are admissible in certain circumstances under the business records exception. See Fed.R.Evid. 803(6); see also, United States v. Scallion, 533 F.2d 903, 915 (5th Cir.1976); Harris v. Browning-Ferris Indus., Chemical Svcs., Inc., 635 F.Supp. 1202, 1209 (M.D.La.1986). However, when police reports contain witness statements, and the witness statements are offered to prove their truth, the statements themselves generally are inadmissible. See Ariza v. City of New York, 139 F.3d 132, 133-34 (2d Cir.1998) (witness statements in police investigative report inadmissible as business record). United States v. Dotson, 821 F.2d 1034, 1035-36 (5th Cir.1987) (<HOLDING>); United States v. Halperin, 441 F.2d 612, Options: A. holding that hearsay within a police report was inadmissible B. holding that police report of witnesss statement was inadmissible because witness had not adopted report as accurate when matter was fresh in his memory C. holding that police officers have a duty to conduct an investigation into the basis of the witness report D. holding that witness statements in police report inadmissible E. holding that a department of defense report was inadmissible

assistant: The best answer is D. holding that witness statements in police report inadmissible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party will do such acts, and execute and deliver to any other party such additional documents or instruments, as may be reasonably requested in order to effect the purposes of this Exchange Note Servicing Supplement and to better assure and confirm unto the requesting party its rights, powers and remedies hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices and other communications provided for herein shall be in writing and shall be delivered by hand or sent by certified or registered mail, return receipt requested, postage prepaid, addressed, if to the Participant, to the Participant’s attention at the latest mailing address on file with the Company in the Company personnel records (or to such other address as the Participant shall have specified to the Company in writing) and, if to the Company, to the Company’s office at New Senior Investment Group Inc., 1345 Avenue of the Americas, 45 Floor, New York, NY 10105, Attention: General Counsel (or to such other address as the Company shall have specified to the Participant in writing). All such notices shall be conclusively deemed to be received and shall be effective, if sent by hand delivery, upon receipt, or if sent by registered or certified mail, on the fifth day after the day on which such notice is mailed.

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: individual defendant’s entitlement to qualified immunity separately.” 228 F.3d at 395. Relying on this statement, the district court fashioned a rule that if defendants act in unison, their conduct should be considered collectively. The district court’s finding that the officers acted in unison is a finding of fact that we cannot review at this stage. See Flores v. City of Palacios, 381 F.3d 391, 394 (5th Cir.2004). But even accepting that factual finding, we hold that the district court erred in considering the officers’ actions collectively. The district court’s decision to consider the officers’ actions collectively because it found they acted in unison extends the holding of Jacobs beyond what prudence and case law allows. See Stewart v. Murphy, 174 F.3d 530, 537 (5th Cir.1999) (<HOLDING>). Further, we have consistently examined the Options: A. holding that each defendants actions in a 1983 case must be considered individually B. holding that only relevant factors must be considered C. holding that whether illegally seized evidence is sufficiently purged of its taint to be admissible must be answered on the facts of each case and listing factors to be considered D. holding that each element required under the act must be included in the written notice and each element must be sufficiently clear and accurate E. holding that the jury found the ajppellant not guilty of all charges in one case and not guilty of three out of four charges in a second case demonstrating the jury considered each case and each charge separately and did not cumulate the evidence

assistant: The best answer is A. holding that each defendants actions in a 1983 case must be considered individually
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 is intended as a binding commitment enforceable in accordance with its terms. It is understood and agreed by the Parties that money damages would be an insufficient remedy for any breach of this Agreement by any Party and each non-breaching Party shall be entitled to specific performance and injunctive relief as the sole remedy for any such breach, including, without limitation, an order of the Bankruptcy Court or other court of competent jurisdiction requiring any Party to comply promptly with any of its obligations hereunder; provided, however , that each Party agrees to waive any requirement for the securing or posting of a bond in connection with such remedy.

assistant: Specific Performance
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: is fraudulent include but are not limited to the timing of the union, whether the couple intends to live together as husband and wife, and whether the couple entered the marriage in good faith. In re Grand Jury Proceedings (84-5), 111 F.2d 508, 509 (9th Cir.1985) (stating mere suspicious timing of union does not alone support finding of sham marriage, where individuals had live-in relationship for some time before subpoena was served on one individual to testify against other individual before grand jury). In this context, when enough facts show the marriage was fraudulent, the spousal testimony privilege cannot be invoked; and a court can compel one spouse to testify against the defendant other spouse in a criminal proceeding. United States v. Mathis, 559 F.2d 294, 298 (5th Cir.1977) (<HOLDING>). The second approach to the spousal testimony Options: A. holding that right to testify not denied where inter alia defendant made no objection to his attorneys statements that defendant would not testify and made no request to testify B. holding trial court erred in finding purported wife unavailable to testify and admitting her sworn prior statements in lieu of her live testimony where record did not support courts ruling in light of its own finding that remarriage of wife and defendant was fraudulent and wife did not refuse to testify if claim of privilege was denied C. holding that trial court did not err in finding that wife was at least somewhat capable of supporting herself where evidence of wifes depression and other mental health problems was uncontested but where other evidence showed that these conditions did not totally bind her to the family home and that wife had been financially successful in the past D. holding that because the wife failed to present any evidence as to the legal services performed in the trial court the wife was not entitled to a second hearing to establish attorneys fees E. holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted

assistant: The best answer is B. holding trial court erred in finding purported wife unavailable to testify and admitting her sworn prior statements in lieu of her live testimony where record did not support courts ruling in light of its own finding that remarriage of wife and defendant was fraudulent and wife did not refuse to testify if claim of privilege was denied
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: Buyer shall deliver the balance of the Purchase Price (less the amount of the Final Earnest money, plus or minus prorations and escrow fees, if any) to Seller and Seller shall execute and deliver the Deed, or Deeds (as defined below) to Buyer or Buyer’s designee(s) at “Closing”. Closing shall take place on the date this is fifteen (15) days after the expiration of the Inspection Period ( “ Closing Date ” ). Seller must provide Buyer with evidence of good and merchantable title prior to Closing. At Closing, Seller shall provide to Buyer a credit in the amount of Twenty Five Thousand Dollars ($25,000.00).

assistant: Closings
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: strength of its interest in at-large elections for trial judges now that the en banc court has found that the at-large voting scheme in the presence of bloc voting constitutes vote dilution. 2 . Certain sections of the Act prohibit individual action. Section 1971(b) prohibits interference with voting rights in federal elections. 42 U.S.C. § 1971(b). This provision, however, is consistent with the Supreme Court's approval of this type of prohibition in Ex Parte Yarbrough, 28 L.Ed. 274 (1884) pursuant to the federal government's interest in maintaining the integrity of its elections. Section 1973i(b) regulates the conduct of private individuals in all elections; however, the constitutionality of this section is questionable. See United States v. Harvey, 250 F.Supp. 219 (D.C.La.1966) (<HOLDING>). In any event, no reported case has upheld the Options: A. holding that the section is unconstitutional as applied to private individuals in nonfederal elections in light of supreme court precedent B. holding that the court of appeals erred in declining to apply supreme court precedent even though the reasoning of that precedent had been eroded by subsequent decisions C. holding that state court could not have unreasonably applied federal law if no clear supreme court precedent existed D. holding that the death penalty is unconstitutional as applied to juvenile defendants E. holding that in light of the established violation of section 401 and the supreme courts decision in wirtz the court has no discretion as to whether or not to order new elections

assistant: The best answer is A. holding that the section is unconstitutional as applied to private individuals in nonfederal elections in light of supreme court precedent
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 challenge the medical arbiter’s report and to provide further information respecting her own condition, including offering her own affidavit to the department. She did not attempt to correct the record herself, nor did she request the department to exercise its authority either to subpoena the medical arbiter or to ask the medical arbiter to clarify his report. She cannot now successfully complain that due process somehow requires that she be allowed to do at hearing what she did not attempt to do during reconsideration. One final point merits discussion. None of the claimants has seriously argued in the briefs that he or she was not required to exhaust administrative remedies because exhaustion would have been futile. See Nutbrown v. Munn, 311 Or 328, 347-48, 811 P2d 131 (1991) (<HOLDING>). Neither are we aware of anything in the Options: A. recognizing notion of futility of exhaustion in case of implacable hostility of administrative forum B. recognizing the futility exception to the tribal exhaustion rule C. recognizing futility exception in context of 2241 petition D. recognizing that a plaintiff could present evidence of futility E. recognizing futility exception to doctrine of exhaustion where agency was powerless to grant relief sought

assistant: The best answer is A. recognizing notion of futility of exhaustion in case of implacable hostility of administrative forum
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: snap group limited grants you a personal , worldwide , royalty-free , non-assignable , nonexclusive , revocable , and non-sublicensable license to access and use the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Guarantor hereby represents that none of Borrower, Guarantor or any of their respective affiliates has dealt with any financial advisors, brokers, underwriters, placement agents, agents or finders in connection with the transactions contemplated by this Guaranty and/or the other Loan Documents, other than Goldman Sachs & Co., Bank of America Merrill Lynch, and Lazard Frères & Co. LLC. Guarantor agrees to indemnify and hold Lender harmless from and against any and all claims, liabilities, actual, documented out of pocket costs and expenses of any kind in any way relating to or arising from a claim by any Person that such Person acted on behalf of Borrower, Guarantor or any of their respective affiliates in connection with the transactions contemplated in this Guaranty and/or the other Loan Documents. The provisions of this Section shall survive the expiration and termination of this Guaranty and the repayment of the Indebtedness.

assistant: Brokers
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 one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Agreement may also be executed via facsimile or e-mail, which shall be deemed an original.

assistant: Counterparts