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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is a “person” under RCRA, see Def.’s Post-Hearing Mem. at 10, but ar gues that it has not contributed to the “storage” or “disposal of’ solid or hazardous waste, nor the “handling,” “treatment,” or “transportation” of such waste, as defined by RCRA, and, even if it had, such conduct did not cause an imminent and substantial endangerment to the environment. See Def.’s Post-Hearing Mem. at 10,16-19. C. Subject Matter Jurisdiction Before turning to the merits, there are two issues the Court has sua sponte considered in assessing its subject matter jurisdiction. See Da Silva v. Kinsho Int’l Corp., 229 F.3d 358, 365 (2d Cir.2000) (“the trial court ... ha[s] an obligation to make [its] own independent determination that subject matter jurisdiction exists”). First, in'regard to “stand t. 2130 (<HOLDING>). Other courts have specifically recognized Options: A. holding that a reasonably certain threat of imminent harm to a protected species is sufficient for issuance of an injunction under section 9 of the esa B. holdingthat endangered species act claim at issue was capable of repetition where parties have been through the same controversy many times even though previous lawsuits were about different species C. holding in suit under endangered species act that the desire to use or observe an animal species even for purely esthetic purposes is undeniably a cognizable interest for purpose of standing D. holding that effect of suit rather than the purpose for which it was brought is controlling for purposes of the fifth factor E. holding that defendants stock options are concrete and personal because they represent a species of compensation different from the one ordinarily accumulated by corporate officers and directors

assistant: The best answer is C. holding in suit under endangered species act that the desire to use or observe an animal species even for purely esthetic purposes is undeniably a cognizable interest for purpose of standing
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, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to Borrower, to: Avant Diagnostics, Inc., 8561 East Anderson Drive, Suite 104, Scottsdale, AZ 85225, Attn: Gregg Linn, Chief Executive Officer, email:glinn@avantdiagnostics.com, and (ii) if to the Holder, to: the address and email address indicated in Exhibit A .

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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 389 U.S. 327 88 S.Ct. 437 19 L.Ed.2d 560 BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN et al.v.BANGOR & AROOSTOOK RAILROAD CO. et al. No. 353. Dec. 11, 1967. Joseph L. Rauh, Jr., John Silard, Harriett R. Taylor, Isaac N. Groner, Harold C. Heiss, Donald W. Bennett, Alex Elson, Willard J. Lassers and Aaron S. Wolff, for petitioners. Francis M. Shea, Richard T. Conway, James R. Wolfe and Charles I. Hopkins, Jr., for respondents. The order of December 4, 1967, 389 U.S. 970, 88 S.Ct. 463, denying the petition for a writ of certiorari is vacated and the following order is entered: PER CURIAM. 1 This case is a consequence of a dispute with respect to the scope of an arbitration award governing the manning of trains and engines in freight service. The union took the position that the award had no effect after 12:01 a.m., March 31, 1966. On March 28, the District Court for the District of Columbia issued a temporary restraining order forbidding a strike. On March 31, the union struck against a number of railroads. The District Court entered contempt orders, imposing substantial fines for alleged violation of its restraining order. The Court of Appeals ruled on various legal issues presented to it but remanded to the District Court to consider whether there had in fact been a contempt, and, also, if there was a contempt, whether it was 'of such magnitude as to warrant retention, in part or to any extent, of the coercive fine originally provided for in contemplation of an outright refusal to obey.' 2 Petitioners seek certiorari to review the adverse rulings made by the Court of Appeals. However, because the Court of Appeals remanded the case, it is not yet ripe for review by this Court. The petition for a writ of certiorari is denied. See Hamilton-Brown Shoe Co. v. Wolf Brothers & Company, 240 U.S. 251, 257—258, 36 S.Ct. 269, 271, 60 L.Ed. 629 (1916). 3 Petition for writ of certiorari denied. 4 Mr. Justice BLACK would grant the petition and set the case for argument.

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 case excerpt and choose the best holding from the options. Case excerpt: that the Defendant Property was involved in her illegal money transmitting business and that the Defendant Property could not be from her wages from her work on the Dawn Princess. The Claimant baldly states that the Defendant Property in fact came from cash that her employer paid her for her services in addition to cash gratuities from Dawn Princess guests. Those self-serving factual assertions do little to shed light on any legitimate origin of the Defendant Property. See, e.g., United States v. $21,510 in United States Currency, 292 F. Supp. 2d 318, 322 (D.P.R. 2002) (reasoning that the “claimant’s income from his construction business is at best a weak explanation for $31,750.00 in cash found at his residence”); United States v. Dusenbery, 80 F. Supp. 2d 744, 754 (N.D. Ohio 1998) (<HOLDING>) (citing United States v. Brock, 241 U.S. App. Options: A. holding that the absence of legitimate income supports the finding of probable cause in a forfeiture action B. holding that in the absence of a prior indictment probable cause for arrest is determined by the facts in the sworn complaint C. recognizing the cause of action D. recognizing cause of action E. holding that in a 1983 action issue of probable cause is for the jury

assistant: The best answer is A. holding that the absence of legitimate income supports the finding of probable cause in a forfeiture action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: U.S.C. § 727 when the evidence showed the existence of a pattern of concealment of assets? 5. Did the Bankruptcy Court err in reaching the conclusion that the plaintiff failed to sustain his burden of proof necessary to deny the debtor a discharge of his debts to the plaintiff pursuant to 11 U.S.C. §§ 523(a)(6) and 523(a)(4) when the evidence showed that the debtor stole accounts receivable from the partnership he maintained with the plaintiff-appellant? II. DISCUSSION A. Standard of Review A district court hearing an appeal from a Bankruptcy Court reviews the Bankruptcy Court’s findings of fact under the “clearly erroneous” standard, see Fed.R.Bankr.P. 8013, while its conclusions of law are reviewed under the de novo standard. See In re AroChem Corp., 176 F.3d 610, 620 (2d Cir.1999) (<HOLDING>) (citation omitted); In re Bennett Funding Options: A. holding that we review for clear error the bankruptcy courts factual findings B. holding that we review the bankruptcy court decision independently accepting its factual findings unless clearly erroneous but reviewing its conclusions of law de novo C. holding that we review legal conclusions of the court of federal claims de novo D. holding that we review agency determinations of law de novo E. holding that on review of a motion to suppress the appellate court is to give deference to a trial courts factual findings but legal conclusions are reviewed de novo

assistant: The best answer is B. holding that we review the bankruptcy court decision independently accepting its factual findings unless clearly erroneous but reviewing its conclusions of law de novo
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any Governmental Entity, the remaining provisions of this Agreement, to the extent permitted by Law shall remain in full force and effect, provided , that the essential terms and conditions of this Agreement for all parties remain valid, binding and enforceable.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: skype does not control , is not responsible for and does not guarantee : ( i ) the pricing , quality , performance , availability or terms and conditions of purchase of products or services provided by the merchant ; ( ii ) any payment transactions , delivery , returns or after sales activities related to the products or services purchased on the merchants ' websites ; ( iii ) the availability of the merchant 's websites ; ( iv ) the completeness , truth or accuracy of any advertising or other materials on , or available from , the merchants ' websites , nor any listing or other content about such products and services displayed on the skype websites ; ( v ) links to the merchants ' websites that are featured on the skype websites .

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: claims in exchange for severance pay and Stull’s promise to pay her another month’s medical benefits. Stull insists that it upheld its end of the bargain — it paid benefits through November 30. Although Marie did not receive severance pay, an issue discussed more fully below, Stull asserts that Marie was not contractually entitled to it because she did not fulfill the condition precedent of working through November 6. Berthony responds that the SSP’s waiver does not protect Stull, for each of Berthony’s claims arose subsequent to Marie’s acceptance of the waiver, which occurred on October 11, 1998. He submits that our precedents refuse to recognize waivers of claims arising in the future. See Three Rivers Motors Co. v. Ford Motor Co., 522 F.2d 885, 896 n. 27 (3d Cir.1975) (<HOLDING>). Moreover, he asserts that Stull’s concept of Options: A. holding similar agreement void on public policy grounds B. holding exhaustion clauses to be void as against hawaiis public policy C. holding physicians covenants not to compete are unenforceable and void as a matter of public policy D. holding that where agreement prohibits recovery of attorneys fees in civil rights case the relevant portions of the arbitration policy are therefore void as against public policy E. holding that prospective waivers of claims are void as against public policy

assistant: The best answer is E. holding that prospective waivers of claims are void as against public policy
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: proceedings in the courts, refer matters, where appropriate, to the other governmental authorities, or take other appropriate action. 18 C.F.R. § lb.7 (emphasis supplied). Precisely because any impact of a section 14 investigation is contingent on future administrative action, the Court in FPC v. Hope Natural Gas Co., 320 U.S. 591, 618-19, 64 S.Ct. 281, 295, 88 L.Ed. 333 (1944), held “certain findings as to the lawfulness of past rates which Hope had charged its interstate customers” made in the context of a section 14 investigation were not reviewable by the courts, but rather “a preliminary, interim step towards possible future action.” Id. at 618-19, 64 S.Ct. at 295. See also United States v. Los Angeles & Salt Lake Railroad Co., 273 U.S. 299, 47 S.Ct. 413, 71 L.Ed. 351 (1927) (<HOLDING>). These cases clearly demonstrate that the Options: A. holding that there is no constitutional duty to do a better investigation and that a decision not to conduct a more thorough investigation does not invade an accuseds rights B. holding that a valid defense to a subsequent lawsuit does not prevent an eeoc investigation C. holding that police officers have a duty to conduct an investigation into the basis of the witness report D. holding that after a reasonable investigation an insurer must promptly settle a claim for the value or within the range assigned to the claim as a result of its investigation E. holding valuation of property after investigation pursuant to 19a of the valuation act not re viewable because no aggrievement caused fact that the valuation constitutes prima facie evidence in subsequent actions does not prevent the report from being solely an exercise of the function of investigation

assistant: The best answer is E. holding valuation of property after investigation pursuant to 19a of the valuation act not re viewable because no aggrievement caused fact that the valuation constitutes prima facie evidence in subsequent actions does not prevent the report from being solely an exercise of the function of investigation
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: There is no action, suit, proceeding or arbitration (whether or not purportedly on behalf of the Borrower or any of its Subsidiaries) pending or, to the best knowledge of the Borrower, threatened against or affecting any Loan Party which could reasonably be expected to have a Material Adverse Effect. No Loan Party is in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality, domestic or foreign, which default would have a Material Adverse Effect. Notwithstanding the foregoing, the litigation matters set forth on Schedule 4.6 attached hereto shall be excluded and excepted for all purposes of this Section 4.6 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: right of action under the Rehabilitation Act, it expressly provided for it. Furthermore, an implied right of action under the Rehabilitation Act would be incompatible with the adequate relief already available to Kinneary. In determining whether there is an implied right of action, the Supreme Court has identified as a factor whether that implied right is “consistent with the underlying purposes of the legislative scheme.” Cort v. Ash, 422 U.S. 66, 78, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975). The First Circuit stated that the Rehabilitation Act does not provide a private right of action against a regulatory agency in part because adequate relief is available already under the Administrative Procedures Act, 5 U.S.C. §§ 701-06 (“APA”). Cousins, 880 F.2d at 606; see also Clark, 937 F.2d 123 (<HOLDING>). The APA is “applicable to all administrative Options: A. recognizing private right of action B. holding that the rehabilitation act does not create a private right of action against the secretary of education acting in his role as an administrator C. holding that section 4625bc does not create a private right of action for money damages D. holding rehabilitation act applicable E. holding that the rehabilitation act does not create a private right of action against the secretary of transportation where the apa provides an adequate remedy

assistant: The best answer is E. holding that the rehabilitation act does not create a private right of action against the secretary of transportation where the apa provides an adequate remedy
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: chancellor’s finding where it is supported by substantial credible evidence.” Varner v. Varner, 666 So.2d 493, 496 (Miss. 1995) (quoting Shipley v. Ferguson, 638 So.2d 1295, 1297 (Miss. 1994)). ¶47. This Court has held that “[a] defendant may avoid a judgment of contempt by establishing that he is without present ability to discharge his obligation.” Gebetsberger v. East, 627 So.2d 823, 826 (Miss. 1993). While “a citation for contempt is proper only when the contemner has willfully and deliberately ignored the order or the court” (Stevison v. Woods, 560 So.2d 176, 180 (Miss. 1990) (emphasis in original)), if the contemnor raises inability to pay as a defense, the burden is on him to show this with particularity, not just in general terms. Morreale v. Morreale, 646 (Miss. Ct. App. 2002) (<HOLDING>). Here, the court clarified that parts of the Options: A. holding that the code excepts from discharge debts resulting from agreements by the debtor to hold the debtors spouse harmless on joint debts to the extent those debts are in the nature of alimony maintenance or support B. holding that it was not an abuse of discretion to require a defendant to pay all back taxes C. holding sanctions order was too general to support award D. holding absent statutory authority a trial court could not order the department to pay for longterm therapy by a specific therapist and any and all necessary evaluations for the dependent child E. holding that an order for a husband to pay all but three specific debts was not too ambiguous for compliance

assistant: The best answer is E. holding that an order for a husband to pay all but three specific debts was not too ambiguous for compliance
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: argues that because the suicide exclusion in the supplemental policy lacks the specific phrase “whether sane or insane” it is not a valid defense to coverage. PL’s Mem in Supp. at 19. ERISA has no bearing on this question of validity as suicide exclusions fall under the so-called “insurance exception” to ERISA preemption and accordingly are governed by state law. See Metro. Life Ins. Co. v. Mass., 471 U.S. 724, 742 n.18, 105 S.Ct. 2380, 85 L.Ed.2d 728 (1985) (“Nearly every court that has addressed the question has concluded that laws regulating the substantive content of insurance contracts are laws that regulate insurance and thus are within the scope of the insurance savings clause.”); Hoeflicker v. Cent. States. Se. & Sw. Areas Health Welfare Fund, 644 F.Supp. 195, 199 (W.D.Mo.1986) (<HOLDING>). Because no Virginia case has directly Options: A. holding that a law which regulates what terms insurance companies can place in their policies regulates insurance companies B. holding that a suicide exclusion regulates insurance and therefore falls within the insurance savings clause C. holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract D. holding that notice and a hearing were required before the commissioner of insurance could require an insurance company to change its definition of at fault in order to secure approval of an increase in insurance rates E. holding that a policy with an excess other insurance clause provides no coverage until a policy with a pro rata other insurance clause is exhausted

assistant: The best answer is B. holding that a suicide exclusion regulates insurance and therefore falls within the insurance savings clause
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: claiming the defense counsel is arguing “something ridiculous” is directed at defense counsel’s argument, not at defense counsel. Id. at 713. Telling the jury that they shouldn’t feel bad about taking a long time for a verdict is more akin to calling Appellant’s argument ridiculous than calling his counsel a liar. See id. Because the State’s comments attacked Appellant’s arguments, rather than his counsel personally, the argument did not strike over his shoulders. See Acosta, 411 S.W.3d at 93 (stating that State’s comments suggesting jury not be “fooled” by defense’s “good lawyering” and that argument was “just words from the defense attorney’s mouth,” attacked defense counsel’s arguments, not defense counsel personally); Garcia v. State, 126 S.W.3d 921, 925 (Tex. Crim. App. 2004) (<HOLDING>). Because the argument did not strike over the Options: A. holding that state did not comment upon defendants failure to testify when it questioned during closing arguments why defendant never gave police the murder weapon because the comment was a valid attack on the credibility of the defendants claim that the homicide was justified B. holding a prosecutors comments indicating his personal belief in the states witnesses was a fair reply to defense counsels attack on the veracity of the states witnesses C. holding that states comment that defense was arguing that hogwash that youve heard was states opinion of defenses arguments not an attack on counsels personal integrity D. holding comment that was heard out of context and not necessarily related to employment of plaintiff was not evidence of discrimination E. holding the states comment that nobody testified he wasnt the guy was an impermissible comment on appellants right to remain silent in a case in which the only individual who could have contradicted the states evidence was the appellant

assistant: The best answer is C. holding that states comment that defense was arguing that hogwash that youve heard was states opinion of defenses arguments not an attack on counsels personal integrity
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: Provided that no Default or Event of Default has occurred and is then continuing, the Borrower shall have the option to (a) convert at any time following the third Business Day after the Closing Date all or any portion of any outstanding Base Rate Loans in a principal amount equal to $1,000,000 or any whole multiple of $1,000,000 in excess thereof into one or more LIBOR Rate Loans and (b) upon the expiration of any Interest Period, continue such LIBOR Rate Loans as LIBOR Rate Loans. Whenever the Borrower desires to convert or continue Loans as LIBOR Rate Loans, the Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached as Exhibit F (a “ Notice of Conversion/Continuation ”) not later than 10:00 a.m. three (3) Business Days before the day on which a proposed conversion or continuation of such Loan is to be effective specifying (A) the Loans to be converted or continued and the last day of the Interest Period therefor, (B) the effective date of such conversion or continuation (which shall be a Business Day), (C) the principal amount of such Loans to be converted or continued, and (D) the Interest Period to be applicable to such converted or continued LIBOR Rate Loan. The Administrative Agent shall promptly notify the Lenders of such Notice of Conversion/Continuation. If the Borrower does not deliver a Notice of Conversion/Continuation with respect to LIBOR Rate Loans prior to the expiration of the Interest Period applicable thereto, it shall be deemed a request to convert such Loans into Base Rate Loans. If the Borrower requests a conversion to, or a continuation of, LIBOR Rate Loans, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

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 Indenture may be executed in one or more counterparts by the parties hereto, and each such counterpart shall be considered an original and all such counterparts shall constitute one and the same instrument. Any counterpart may be executed by facsimile or other electronic transmission, and such facsimile or other electronic transmission shall be deemed an original.

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 legal provision and list the applicable contract clause categories. Provision: Prior to each shipment of Drug Product, CRL shall provide Client with a Certificate of Analysis and a Certificate of Compliance, as required by the Quality Agreement, and, at Client’s request, CRL shall provide Client with reasonable access to any applicable supporting data. Prior to release of the Drug Product, CRL shall test the Drug Product in accordance with the testing procedures described in Schedule 1.62 and against the Specifications, and shall provide Client with a copy of the applicable Executed Batch Record for each batch shipped and a copy of the applicable deviation or other investigatory report, if any.

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 legal provision and list the applicable contract clause categories. Provision: (a) Payments Free of Taxes . Any and all payments by or on account of any obligation of any Loan Party under any Loan Document shall be made without deduction or withholding for any Taxes, except as required by applicable law. If any applicable law (as determined in the good faith discretion of an applicable Withholding Agent) requires the deduction or withholding of any Tax from any such payment by a Withholding Agent, then the applicable Withholding Agent shall be entitled to make such deduction or withholding and shall timely pay the full amount deducted or withheld to the relevant Governmental Authority in accordance with applicable law and, if such Tax is an Indemnified Tax, then the sum payable by the applicable Loan Party shall be increased as necessary so that after such deduction or withholding has been made (including such deductions and withholdings applicable to additional sums payable under this Section 2.17) the applicable Recipient receives an amount equal to the sum it would have received had no such deduction or withholding been made. For the avoidance of doubt, the Loan Parties will not be required to pay any additional amounts (or indemnification payments pursuant to paragraph (d) of this Section 2.17) with respect to any U.S. federal income Taxes that are imposed on a gross basis on, or that are required to be withheld or deducted from, a payment to any Recipient that would not have been imposed, in each case, in the absence of any Change in Law occurring after the date on which such Recipient became a party to this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will from time to time execute and deliver to the Lender such documents, and take or cause to be taken, all such other further action, as the Lender may request in order to effect and confirm or vest more securely in the Lender all rights contemplated by this Agreement (including, without limitation, to correct clerical errors) or to vest more fully in or assure to the Lender the security interest in the Collateral or to comply with applicable statute or law and to facilitate the collection of the Collateral (including, without limitation, the execution of stock transfer orders and stock powers, endorsement of promissory notes and instruments and notifications to obligors on the Collateral). To the extent permitted by applicable law, the Borrower authorizes the Lender to file financing statements, continuation statements or amendments without the Borrower’s signature appearing thereon, and any such financing statements, continuation statements or amendments may be signed by the Lender on behalf of the Borrower, if necessary, and may be filed at any time in any jurisdiction. The Lender may at any time and from time to time file financing statements, continuation statements and amendments thereto which contain any information required by the Uniform Commercial Code of California as amended from time to time (the “Code”) for the sufficiency or filing office acceptance of any financing statement, continuation statement or amendment, including whether the Borrower is an organization, the type of organization and any organization identification number issued to the Borrower. The Borrower agrees to furnish any such information to the Lender promptly upon request. In addition, the Borrower shall at any time and from time to time take such steps as the Lender may reasonably request for the Lender (i) to obtain an acknowledgment, in form and substance satisfactory to the Lender, of any bailee having possession of any of the Collateral that the bailee holds such Collateral for the Lender, (ii) to obtain “control” (as defined in the Code) of any Collateral comprised of deposit accounts, electronic chattel paper, letter of credit rights or investment property, with any agreements establishing control to be in form and substance satisfactory to Lender, and (iii) otherwise to insure the continued perfection and priority of the Lender’s security interest in any of the Collateral and the preservation of its rights therein. The Borrower hereby constitutes the Lender its attorney-in-fact to execute, if necessary, and file all filings required or so requested for the foregoing purposes, all acts of such attorney being hereby ratified and confirmed; and such power, being coupled with an interest, shall be irrevocable until this Agreement terminates in accordance with its terms, all obligations of the Borrower to the Lender are irrevocably paid in full and the Collateral is released.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: from federal-court jurisdiction [as] a stringent one.” Id. at 241, 105 S.Ct. 3142. A waiver of Eleventh Amendment immunity will be found “only where stated ‘by the most expressive language or by such overwhelming implication from the text as [will] leave no room for any other reasonable construction v. Platter (In re Platter), 140 F.3d 676, 680 (7th Cir.1998) (concluding that state’s claim of Eleventh Amendment immunity did not bar action in bankruptcy court to determine discharge of debt because state had initiated adversarial action against debtor); Rose v. United States Dep’t of Educ. (In re Rose), 215 B.R. 755, 762 (Bankr.W.D.Mo.1997) (deciding that state waived immunity by filing proofs of claim); cf. Sutton v. Utah State Sch. for Deaf & Blind, 173 F.3d 1226, 1236 (10th Cir.1999) (<HOLDING>). None of these cases rely on the text of a Options: A. holding that utah waived eleventh amendment immunity by causing removal to federal court and litigating merits of 42 usc 1983 action B. holding that a state is not a person under 42 usc 1983 C. holding that states removal to federal court voluntarily invoked the federal courts jurisdiction waiving eleventh amendment immunity D. holding that state defendant waived eleventh amendment immunity to a federal claim by removing to federal court E. holding that congress did not intend to abrogate eleventh amendment immunity in enacting 42 usc 1983

assistant: The best answer is A. holding that utah waived eleventh amendment immunity by causing removal to federal court and litigating merits of 42 usc 1983 action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All federal, state or local taxes that the Administrator determines are required to be withheld from any payments made pursuant to this Article VIII shall be withheld by the Company. Each Participant shall be solely responsible for any and all taxes payable on any sums distributed to or on behalf of any Participant under this Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of his brief, which he does not concede have been decided against him. First, defendant argues that the trial court committed plain error by erroneously instructing the jury on theories of guilt and premeditation and deliberation that were not supported by the evidence. Specifically, defendant argues that the trial court should not have instructed that evidence of the “use of grossly excessive force” could be used to infer premeditation and deliberation. Defendant did not object to the instruction at trial. In State v. Smith, 328 N.C. 99, 138, 400 S.E.2d 712, 734 (1991), this Court held that there was evidence of the use of grossly excessive force where the defendant shot the victim two times at close range. See also State v. Cummings, 326 N.C. 298, 316-17, 389 S.E.2d 66, 76-77 (1990) (<HOLDING>). The evidence in this case supported a finding Options: A. holding that the trial court did not err in charging the jury that the defendant was in the custody of the victim officer when he shot and killed the officer due to the undisputed evidence presented at trial including the defendants pretrial statement to police admitting that fact B. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon C. holding that the erroneous admission of a hearsay statement that identified the defendant as the shooter was harmless where the defendant never contested that he shot the gun but claimed only that he shot in selfdefense D. holding that there was evidence of grossly excessive force where the defendant shot the victim once in the arm and then in the base of the skull E. holding that fact that plaintiffs arm was broken during tackle did not constitute excessive force

assistant: The best answer is D. holding that there was evidence of grossly excessive force where the defendant shot the victim once in the arm and then in the base of the skull
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 audited financial statements and unaudited interim financial statements of the Company included in the Company Reports (collectively, the “ Company Financial Statements ”) (i) complied as to form in all material respects with applicable accounting requirements and, as appropriate, the published rules and regulations of the SEC with respect thereto when filed, (ii) were prepared in accordance with GAAP applied on a consistent basis throughout the periods covered thereby (except as may be indicated therein or in the notes thereto, and in the case of quarterly financial statements, as permitted by Form 10-Q under the Exchange Act), (iii) fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of the respective dates thereof and for the periods referred to therein, and (iv) are consistent in all material respects with the books and records of the Company.

assistant: Financial Statements
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 waiver of any provision of this Agreement shall be effective unless made in writing and signed by the waiving party. The failure of a party to require the performance of any term or obligation of this Agreement, or the waiver by a party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any payments made or benefits provided to Executive under this Agreement shall be reduced by any applicable withholding taxes or other amounts required to be withheld by law or contract, except that to the extent that any such benefits are not paid to Executive in cash or concurrently with cash payment sufficient to satisfy applicable withholding obligations, Executive shall remit to the Company the amount of any applicable withholding taxes concurrently with the provision of such benefits. To the extent that any taxes may be payable by Executive for the benefits provided to Executive by this Agreement beyond those required to be withheld by the Company, Executive agrees to pay them directly to the taxing authority and to indemnify and hold the Company and its affiliates harmless for any tax claims or penalties, and associated attorneys’ fees and costs, resulting from any failure by Executive to make required payments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Your Company-sponsored health insurance benefits cease on the last day of April 30, 2018. Notwithstanding the COBRA Reimbursement, You have the right to continue health insurance through the Company’s provider at Your own cost under COBRA; please refer to the information the Company’s COBRA-provider will separately provide to You regarding how to activate and maintain COBRA coverage. Your participation in all other benefits and incidents of employment, including vesting in stock, and the accrual of bonuses, vacation/paid time off, ceased as of the Separation Date.

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 case excerpt and choose the best holding from the options. Case excerpt: existed to justify defendant’s untimely request to substitute counsel, but proceeding to analyze whether trial court properly canvassed defendant on his request to proceed pro se, made at same time as request to substitute counsel). Such a conclusion is consistent with the fact that a defendant’s right to self-representation raises distinctly different, and more compelling, concerns than does his right to replace competent counsel on the eve of trial. Compare, e.g., State v. Drakeford, supra, 202 Conn. 83 (“There is no unlimited opportunity to obtain alternate counsel. ... It is within the trial court’s discretion to determine whether a factual basis exists for appointing new counsel.” [Citation omitted; internal quotation marks omitted.]), with State v. Brown, supra, 256 Conn. 302 (<HOLDING>), and Williams v. Bartlett, supra, 44 F.3d 99 Options: A. holding defendant waived selfrepresentation right by proceeding with assigned counsel and walking out of faretta hearing B. holding that right of selfrepresentation did not attach because defendant had made no indication of his desire to proceed without counsel C. recognizing the inviolability of the right of selfrepresentation D. holding that after trial court follows procedure outlined in nelson v state 274 so2d 256 fla 4th dca 1973 and denies motion to discharge counsel court is not thereafter obligated to inform defendant of his or her right to selfrepresentation absent an unequivocal request for selfrepresentation E. holding that written waivers referring only in general terms to potential advantages of representation by counsel and potential disadvantages of selfrepresentation did not sufficiently demonstrate awareness of the dangers of selfrepresentation

assistant: The best answer is C. recognizing the inviolability of the right of selfrepresentation
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: al., No. 05-3662-ag In this case, amicus counsel correctly argues that, prior to the enactment of the REAL ID Act, a Court of Appeals had no jurisdiction to review an order of removal where, as is the case here, that order was entered against an alien by reason of his conviction for an aggravated felony where the convicted alien did not challenge that categorization of his crime. See INA § 242(a)(2)(c) (as amended by Pub.L. 104-208 (Sept. 30, 1996)). Accordingly, prior to May 11, 2005, the date of the enactment of the REAL ID Act, Williamson had no reason to file a petition for review. However, Williamson failed to file his § 2241 petition within 30 days of the enactment of the REAL ID Act and therefore cannot benefit from the grace period we have allowed. Wang, 484 F.3d at 616, 617-18 (<HOLDING>). As such, we conclude that we have no Options: A. holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons B. holding that the real id act gave us jurisdiction to review a criminal aliens petition for review of an order of removal raising a question of law C. holding that because the real id act created a remedy as broad in scope as a habeas petition the act is an adequate substitute for habeas corpus D. holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction E. holding that 1252a4 of the real id act precluded the district court from exercising jurisdiction over the petitioners habeas petition

assistant: The best answer is D. holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is determined to be invalid, illegal or unenforceable by any governmental entity, the remaining provisions of this Agreement shall remain in full force and effect; provided that the essential terms and conditions of this Agreement for all parties remain valid, binding and enforceable. In the event of any such determination, the parties agree to negotiate in good faith to modify this Agreement to fulfill as closely as possible the original intents and purposes hereof. To the extent permitted by law, the parties hereby to the same extent waive any provision of law that renders any provision hereof prohibited or unenforceable in any respect.

assistant: Severability