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: No failure by any Credit Party to exercise, and no delay by any such Person in exercising, any right, remedy, power or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder or under any other Loan Document preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges provided herein and in the other Loan Documents are cumulative and not exclusive of any rights, remedies, powers and privileges provided by Law. Without limiting the generality of the foregoing, the making of the Loans shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Credit Party may have had notice or knowledge of such Default or Event of Default at the time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: With respect to each Required Consent, prior to Closing, Seller shall send to the holder of each such Consent a notice in compliance with the contractual provisions applicable to such Consent seeking such holder’s consent to the transactions contemplated hereby (including the Transactions). Prior to Closing, Seller shall use its commercially reasonable efforts, with reasonable assistance from Buyer, to obtain all Required Consents; provided, however , that Seller shall not be required to incur any liability or pay any money in order to obtain any such Consent.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court after December 19, 2004. Martin maintains that Local Rule 7 conflicts with Rule 6(e) of the Federal Rules of Civil Procedure and that he in fact timely submitted his response because the federal rules trump the local rules, which gave him an additional three days to file his response. Rule 6(e) extends deadlines tied to service of process by mail. It states, “[wjhenever a party must or may act within a prescribed period after service and service is made under Rule 5(b)(2)(B), (C), or (D), 3 days are added after the prescribed period would otherwise expire under subdivision (a).” Fed.R.Civ.P. 6(e). Because Local Rule 7 requires action within twenty days of filing, as opposed to service, Rule 6(e) is inapplicable. See Lauzon v. Strachan Shipping Co., 782 F.2d 1217 (5th Cir.1985) (<HOLDING>). Rule 6(e) applies to those obligations Options: A. holding that rule 6e did not extend the period in which a workers compensation carrier was required to pay a compensation award under the longshore and harbor workers compensation act where the act required payment within ten days of filing of the order as opposed to within ten days of service of notice provided for in the rule B. holding that the trial courts authority to initiate workers compensation benefits before the final adjudication was not divested by the legislature and was consistent with the stated purpose of the workers compensation act C. holding that the longshore and harbor workers compensation act specifically relates to business of insurance D. holding that carrier was entitled to intervene as of right where the states workers compensation law permitted subrogation of a compensation carrier E. holding that a second motion to reconsider served within ten days of the denial of the first motion does not extend the time period for filing a notice of appeal from the underlying judgment

assistant: The best answer is A. holding that rule 6e did not extend the period in which a workers compensation carrier was required to pay a compensation award under the longshore and harbor workers compensation act where the act required payment within ten days of filing of the order as opposed to within ten days of service of notice provided for in the rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and General Release sets forth the entire agreement between the parties hereto and fully supersedes any prior agreements or understandings between the parties; provided, however, that notwithstanding anything in this Agreement and General Release, the provisions in the Retirement and Transition Agreement which are intended to survive termination of the Retirement and Transition Agreement (and, by cross-reference, to the Employment Agreement), including but not limited to those contained in Sections 6 through 12 of the Retirement and Transition Agreement, shall survive and continue in full force and effect. Employee acknowledges Executive has not relied on any representations, promises, or agreements of any kind made to Executive in connection with Executive’s decision to accept this Agreement and General Release.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a violation of section 39-17-1307 and the commission of a Class C misdemeanor; subsection (a)(1) is the only offense described in section -1307 that is classified as a Class C misdemean- or. As such, we believe that the statutory-reference, together with the factual allegations, gave the petitioner adequate notice of the charged offense. In Tennessee, an indictment as a charging instrument is sufficient if it references the appropriate statute and otherwise meets the statutory requirement for an indictment. State v. Carter, 988 S.W.2d 145, 149 (Tenn.1999) (citing State v. Hill, 954 S.W.2d 725, 726-27 (Tenn.1997)). We believe that the requirements for a warrant are no more demanding than are those for an indictment. See Berry v. City of Memphis, 209 Tenn. 860, 354 S.W.2d 71, 72 (1961) (<HOLDING>). In adjudicating a warrant charging exceeding Options: A. holding an indictment alleging that the defendant did unlawfully kill the victim during the perpetration of aggravated robbery in violation of tca 3913202 sufficient because it contained a specific reference to the statute which was sufficient to place the accused on notice of the charged offense B. holding that a warrant alleging merely a vio sec 759 indecent conduct was sufficient to put berry on notice that he must expect proof of having committed one or more of the five acts constituting the offense and was therefore sufficient and valid C. holding that in an arson case there must be other proof that the offense was committed to corroborate a confession by the defendant D. holding military offense of indecent acts with a child must be done in presence of victim E. holding indecency instructions sufficient to determine indecent acts with a child

assistant: The best answer is B. holding that a warrant alleging merely a vio sec 759 indecent conduct was sufficient to put berry on notice that he must expect proof of having committed one or more of the five acts constituting the offense and was therefore sufficient and valid
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: To the extent applicable, this Plan shall be interpreted in accordance with Section 409A. Notwithstanding any provision of this Plan to the contrary, if the Company determines that any compensation or benefits payable under this Plan may not be either compliant with or exempt from Section 409A, the Company may adopt such amendments to this Plan or adopt other policies and procedures (including amendments, policies and procedures with retroactive effect), or take such other actions, that the Company determines are necessary or appropriate to avoid the imposition of taxes under Section 409A, including without limitation, actions intended to (a) exempt the compensation and benefits payable under this Plan from Section 409A, and/or (b) comply with the requirements of Section 409A; provided, however, that (i) no such action shall be taken without a Participant’s written consent to the extent that any such action would adversely affect such Participant’s rights hereunder, and (ii) this Section 5.1 shall not create any obligation on the part of the Company or any of its Affiliates to adopt any such amendment, policy or procedure or take any such other action, nor shall the Company or any of its Affiliates have any liability for failing to do so.

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: Except as otherwise specifically permitted herein, all notices, requests and other communications to any party hereunder shall be in writing (including electronic transmission, facsimile transmission or similar writing) and shall be given to such party: (x) in the case of the Borrower, at its address or facsimile number set forth on the signature pages hereof, (y) in the case of any Lender, at its address or facsimile number provided to the other parties hereto from time to time or (z) in the case of any party, at such other address or facsimile number as such party may hereafter specify for the purpose by notice to the Lenders and the Borrower in accordance with the provisions of this Section. Each such notice, request or other communication shall be effective (i) if given by facsimile transmission, when transmitted to the facsimile number specified in this Section and confirmation of .receipt is received (the receipt thereof shall be deemed to have been acknowledged upon the sending Person’s receipt of its facsimile machine’s confirmation of successful transmission; provided that if the day on which such facsimile is received is not a Business Day or is after 4:00 p.m. CT on a Business Day, then the receipt of such facsimile shall be deemed to have been acknowledged on the next following Business Day), (ii) if given by mail, three (3) Business Days after such communication is deposited in the mail with first class postage prepaid, addressed as aforesaid, or (iii) if given by any other means, when delivered (or, in the case of electronic transmission, received) at the address specified in this Section; except that notices to any Lender under Article II shall not be effective until received by such Lender.

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 Article XI is a continuing guaranty and shall (a) remain in full force and effect until the later of the cash payment in full of the Guaranteed Obligations (other than Contingent Indemnity Obligations) and all other amounts payable under this Article XI and the Termination Date, (b) be binding upon each Guarantor, its successors and assigns and (c) inure to the benefit of and be enforceable by the Secured Parties and their successors, pledgees, transferees and assigns. Without limiting the generality of the foregoing clause (c), any Lender may pledge, assign or otherwise transfer all or any portion of its rights and obligations under this Agreement (including, without limitation, all or any portion of its Commitments and its Loans owing to it) to any other Person, and such other Person shall thereupon become vested with all the benefits in respect thereof granted such Lender herein or otherwise, in each case as provided in Section 12.07.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any amendment to this Agreement must be set forth in a written instrument which is executed and delivered by or on behalf of each party by an officer of, or authorized representative for, such party. Such amendment shall be effective only to the extent specifically set forth in such written instrument.

assistant: Amendments
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 jury’s joint enterprise finding. Subsection (a)’s vicarious liability language therefore cannot apply to Hospital based on a joint enterprise theory of vicarious liability. Second, also as set forth above, the instructions and definitions given to the jury in connection with the negligence question, question 2, submitted to the jury only the issue of LMS’s and Hospital’s direct liability. The jury did not make any other fact finding that would support the imposition of vicarious liability on LMS for Hospital’s breach of its direct duties to Chesser. See, e.g., St. Joseph Hosp., 94 S.W.3d at 537-38 (discussing various theories of vicarious liability); accord Obstetrical & Gynecological Assocs., P.A. v. McCoy, 283 S.W.3d 96, 105 (Tex.App.-Houston [14th Dist.] 2009, pet. denied) (<HOLDING>). Thus, absent some fact finding that would Options: A. holding that investigative report regarding potential premises liability claim was protected work product B. holding that expert report failed to implicate defendant in context of plaintiffs direct liability theory and thus trial court had no discretion to grant extension but only to dismiss C. holding expert report requirement fulfilled in claim against nurse by providing expert report of nurse as to standard of care and expert report of medical doctor as to causation D. recognizing that purely vicarious liability claim against entity as opposed to direct liability claim did not require expert report in addition to report filed regarding doctor employed by entity E. holding that because the trial court did not abuse its discretion in finding the expert report adequate as to the vicarious liability claim against the hospital based on the actions of the doctors plaintiffs suit against the hospital including her claim that the hospital was vicariously hable for the actions of its nurses could proceed

assistant: The best answer is D. recognizing that purely vicarious liability claim against entity as opposed to direct liability claim did not require expert report in addition to report filed regarding doctor employed by entity
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 Proceeding to which Buyer or any of its Subsidiaries is a party pending or, to Buyer’s knowledge, threatened, and Buyer is not subject to any outstanding Order, in each case that would reasonably be expected to have, individually or in the aggregate, a material adverse effect on the ability of Buyer to perform its obligations under this Agreement and the Ancillary Documents to which it is a party, for Buyer to assume and perform the Assumed Liabilities or for Buyer to consummate on a timely basis the transactions contemplated hereby or thereby.

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: that the use of the mails will follow in the ordinary course of business, or where such use can reasonably be foreseen, even though not actually intended.’ ” Altman, 48 F.3d at 102-03 (quoting Per-eira v. United States, 347 U.S. 1, 8-9, 74 S.Ct. 358, 98 L.Ed. 435 (1954)) (alteration in original). We hold that this requirement was easily satisfied here given that the settlement checks issued by the insurance companies (i.e., the fruition of the scheme) were sent by mail. In addition, several of the bribes were invoiced and paid by mad. Finally, the appellants’ mandatory filings with the New York State Office of Court Administration, which were adulterated to help conceal the fraud, were sent by mail. See Schmuck v. United States, 489 U.S. 705, 712, 109 S.Ct. 1443, 103 L.Ed.2d 734 (1989) (<HOLDING>). Appellants argue that their prosecution under Options: A. recognizing that proof of a business system of preparing and mailing letters and compliance with such a custom in the particular instance is sufficient to establish proof of mailing B. recognizing that a mailing must be sufficiently related to the fraudulent scheme to support a charge of mail fraud C. holding that mailing of titleregistration forms satisfied mailing requirement because they contributed to success of the scheme D. holding that rule 6e is inapplicable where the time for filing begins to run on the date of mailing E. holding that the first element of mail fraud knowing participation in a scheme to defraud can extend beyond the specific mailing and that the loss calculation for a mail fraud conviction may include any loss from the fraudulent scheme that the mailing furthered

assistant: The best answer is C. holding that mailing of titleregistration forms satisfied mailing requirement because they contributed to success of the scheme
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that the Company has provided the Executive the opportunity to review and consider this Agreement for at least twenty-one (2l) days from the date the Company provided the Executive this Agreement. Executive represents that he was advised by the Company to review this Agreement with an attorney before signing. If Executive executes this Agreement prior to the expiration of twenty­ one (21) days from the date the Company provided the Executive with this Agreement, the Executive voluntarily and knowingly waives any right the Executive may have, prior to signing this Agreement to additional time within which to consider the Agreement. The Executive may revoke this Agreement within seven (7) days after he executes this Agreement by providing written notification of the intended revocation to James G. Hnat, Executive Vice President and General Counsel , at the Company. This Agreement becomes effective on the eighth day after it is executed by both parties, provided that it is not revoked by the Executive prior to that date (the "Effective Date").

assistant: Effective Dates
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 broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement or any other Transaction Document based upon arrangements made by or on behalf of any Buyer .

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 case excerpt and choose the best holding from the options. Case excerpt: not dispute the fact that the BVA decided that issue correctly. Therefore, this Court should affirm the decision of the Board. A remand should be based on some type of error committed by the Board. The majority’s opinion basically says “try again,” without pointing to any error committed by the Board. The reason for the majority’s action is that their decision is based on an issue raised sua sponte. The appellant has not addressed a possible claim for total disability based on individual unemployability that may be still pending before VA. If there is one, she is free to pursue it without a remand from this Court. See Hanson v. Brown, 9 Vet.App. 29 (1996) (stating that an unadjudi-eated claim generally remains pending before VA until withdrawn); Meeks v. Brown, 5 Vet.App. 284 (1993) (<HOLDING>). This Court has consistently held that it will Options: A. holding that a board affirmance of an ro decision subsumes that decision B. holding that prior ro decision that had not become final was not subject to cue collateral attack C. holding that a claim before an ro remains pending until a final decision is rendered D. holding that the ros failure to issue an soc prevented the disputed ro decision from becoming final and appealable to the board and the claim therefore remained pending E. holding vcaa inapplicable to claim that ro decision contained cue

assistant: The best answer is C. holding that a claim before an ro remains pending until a final decision is rendered
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) Each Party shall own all data and information (i) provided by it to the other Party in connection with its receipt of Services or (ii) created by or for the other Party solely on behalf of it in relation to the provision of Services (collectively, “ Service Receiver Data ”).

assistant: Intellectual Property
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 the event that any mortgagee or its respective successor in title shall succeed to the interest of Landlord hereunder, the liability of such mortgagee or successor shall exist only so long as it is the owner of the Premises or any interest therein, or is the tenant under any ground or underlying lease referred to in Section 21.1 above. No additional rent or any other charge shall be paid more than ten (10) days prior to the due date thereof and payments made in violation of this provision shall (except to the extent that such payments are actually received by a mortgagee) be a nullity as against any mortgagee and Tenant shall be liable for the amount of such payments to such mortgagee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each ABL Collateral Agent, for itself and on behalf of each other ABL Claimholder represented by it under the applicable ABL Loan Documents, and each Fixed Asset Collateral Agent, for itself and on behalf of each other Fixed Asset Claimholder represented by it under the applicable Fixed Asset Loan Documents, and the Company and the other Grantors, agree that each of them shall take such further action and shall execute and deliver such additional documents and instruments (in recordable form, if requested) as the Designated ABL Collateral Agent or the Designated Fixed Asset Collateral Agent may reasonably request to effectuate the terms of and the Lien priorities contemplated by this Agreement.

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: What he claimed was that it wasn’t property of the estate.” The Court need not reach the issue of whether listing the wrong statute as a basis for an exemption on Schedule “C” is a fatal to the claim. The Debtor was correct that Fed.R.Bank.P. 4003 applies. However, it offers little comfort to him because the Debtor’s counsel waived such defense. Upon filing the Amendment to the Schedules on April 19,2002, the Debt- or’s counsel reopened the issue, at least as to the trust property, and triggered the tolling of a new 30 day period within which the Chapter 7 Trustee was permitted to object. In re Bell, 225 F.3d 203 (2d Cir.2000) cf. Matter of Kazi, 985 F.2d 318, 323 (7th Cir.1993) [limits application to items actually amended] citing to In re Payton, 73 B.R. 31 (Bankr.W.D.Tex.1987) (<HOLDING>); In re Payton, 73 B.R. 31 (holding that filing Options: A. holding that filing of any amendment does not reopen the time period for asserting an objection trustee could object only to actual amendments to the list B. holding that the timely filing of a motion to reopen or reconsider with the bia does not toll the time period for seeking appellate court review and that the mere act of filing the motion does not render nonfinal the underlying bia decision C. holding trustee has waived the right to bring a preference objection D. holding trustee has not waived the right to bring a preference objection E. holding that the filing of an opening brief within the time period for filing a notice of appeal could constitute notice of appeal

assistant: The best answer is A. holding that filing of any amendment does not reopen the time period for asserting an objection trustee could object only to actual amendments to the list
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Consulting Period, the Company will reimburse Gaffney pursuant to the Company’s reimbursement policies as in effect from time to time for reasonable business expenses incurred by Gaffney in connection with the performance of the Consulting Services.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a ) you are solely responsible for the user content that you upload and you represent and agree that you will not share anything which you do not have the permission or right to share and which you can not grant the licence referred to in paragraph ( b ) below in respect of ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, and by the parties hereto in separate counterparts, each of which when executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by facsimile transmission shall be as effective as delivery of a manually executed original counterpart of this Agreement.

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: Unless preempted by federal law, this Award Agreement and the Award will be construed and enforced in accordance with, and governed by, the laws of the State of Michigan, determined without regard to its conflict of law rules.

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 legal provision and list the applicable contract clause categories. Provision: THE BORROWER AND EACH OTHER BORROWER PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE AGENT, ANY LENDER, ANY ISSUING LENDER, THE SWINGLINE LENDER, OR ANY RELATED PARTY OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY, AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE AGENT, ANY LENDER, ANY ISSUING LENDER OR THE SWINGLINE LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWER OR ANY OTHER BORROWER PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

assistant: Submission To 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 case excerpt and choose the best holding from the options. Case excerpt: the issue is not whether the defendant was allowed to have an expert to evaluate the DNA evidence, but rather was the defendant denied the right to have the DNA tests administered. Polk is not applicable. Nevertheless, it has never been said that a defendant is only entitled to expert witnesses where the State proposes to put forth experts on the subject. ¶ 12. This Court has held since Polk that “[determination of whether the State must pay for an expert witness for an indigent defendant must be made on a case by case basis.” Coleman v. State, 697 So.2d at 782 (citing Davis v. State, 374 So.2d 1293, 1297 (Miss.1979)). “This Court has previously held that DNA evidence is not always valuable enough to warrant a trial delay.” Id.; see Rhymes v. State, 638 So.2d 1270, 1274 (Miss.1994) (<HOLDING>). “Tennessee and North Carolina have held that Options: A. holding that trial delay for dna testing was attributable to the state but was mere negligence B. holding that there is no postconviction due process right to biological evidence for purposes of dna testing C. holding that there was no ineffective assistance for failing to hire a dna expert because the defenses theory was that the defendants dna was planted so the dna evidence would not seem to be an issue D. holding that a claim seeking dna testing is cognizable under section 1983 E. holding that no 1983 claim exists for injunctive relief to compel dna testing

assistant: The best answer is A. holding that trial delay for dna testing was attributable to the state but was mere negligence
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: Venaxis has made available to Biomark (a) a true and complete list of all current policies or binders of fire, liability, product liability, umbrella liability, real and personal property, workers' compensation, vehicular, fiduciary liability and other casualty and property insurance maintained by Venaxis or its Affiliates and relating to its business (collectively, the " Venaxis Insurance Policies "); and (b) a list of all pending claims and a five-year claims history for Venaxis. There are no claims pending under any such Venaxis Insurance Policies as to which coverage has been questioned, denied or disputed or in respect of which there is an outstanding reservation of rights. Neither Venaxis nor any of its Affiliates has received any written notice of cancellation of, premium increase with respect to, or alteration of coverage under, any of such Venaxis Insurance Policies. All premiums due on such Venaxis Insurance Policies have either been paid or, if not yet due, accrued. All such Venaxis Insurance Policies (i) are in full force and effect and enforceable in accordance with their terms; (ii) to Venaxis' Knowledge, are provided by carriers who are financially solvent; and (iii) have not been subject to any lapse in coverage. None of Venaxis or any of its Affiliates is in default under, or has otherwise failed to comply with, in any material respect, any provision contained in any such Venaxis Insurance Policy. True and complete copies of the Venaxis Insurance Policies have been made available to Biomark.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: f ) introduce onto , or transmit via , the skyscanner services and/or skyscanner platforms any disruptive computer program code , virus , ` denial of service ' or ` spam ' attack , worm , trojan horse , authorisation key , licence control utility or software lock ;

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: No Member may Transfer any TRA Interests to any Person (other than a Permitted Transferee) without the prior written consent of the Corporation (such consent not to be unreasonably withheld, conditioned or delayed); provided , however, that such Member may Transfer a TRA Interest if the Member shall have complied with Section 7.6(a) of this Agreement; and provided, further that such Person (including any Permitted Transferee) shall execute and deliver a Joinder agreeing to succeed to the applicable portion of such Member’s interest in this Agreement and to become a Party for all purposes of this Agreement (the “ Joinder Requirement ”). For the avoidance of doubt, if a Member transfers Units in accordance with the terms of the LLC Agreement but does not assign to the transferee of such Units its rights under this Agreement with respect to such transferred Units, such Member shall continue to be entitled to receive the Tax Benefit Payments arising in respect of a subsequent Exchange of such Units (and any such transferred Units shall be separately identified, so as to facilitate the determination of Tax Benefit Payments hereunder). The Corporation may not assign any of its rights or obligations under this Agreement to any Person (other than any direct or indirect successor (whether by purchase, merger, consolidation or otherwise) to all or substantially all of the business or assets of the Corporation) without the prior written consent of each of the Members (and any purported assignment without such consent shall be null and void).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the applicable Closing Date, all direct and indirect costs and expenses of the Purchasers related to the negotiation, due diligence, preparation, closing, and all other items regarding or related to this Agreement and the other Documents and all of the transactions contemplated herein and/or therein including, but not limited to, the legal fees and expenses of the Purchasers’ legal counsel (collectively, the “ Purchasers’ Expenses ”), shall be due and payable from the Company to the Purchasers; and the Purchasers shall subtract from their respective Purchase Price to be paid to the Company for the purchase of the Notes and Warrants, all of such Purchasers’ Expenses. Although the Purchasers’ Expenses are the sole responsibility and obligation of the Company, but are being subtracted by the Purchasesr from their respective Purchase Prices actually paid to the Company, such Purchasers’ Expenses shall constitute part of such Purchase Prices and shall not directly and/or indirectly reduce and or result in any set-off the aggregate principal amount of the Note or result in a set-off and/or reduction of any other funds owed by the Company to the Purchasers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and Executive agree that this Release may be executed in any number of counterparts (including via electronic signatures and exchange of PDF documents via email), each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any provision of these terms shall be deemed unlawful , void or for any reason unenforceable , then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions .

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: in the course of mental health counseling. See id. at 561. Any threat of disclosure of such information would obstruct, if not bar, successful treatment. See McCormick § 98, at 447. Moreover, unwanted disclosure of highly personal information separately implicates one of the most fundamental tenets of all law—the right to privacy. Heemstra, 721 N.W.2d at 561. Thus, we are not just dealing with a strong belief recognized by statute, but a right with roots found in our constitution. The privilege necessarily recognizes a right to protect the privacy interests of the individual to keep private information from public disclosure, independent from the need for optimum medical treatment recognized by statute. See McMaster v. Bd. of Psychology Exam’rs, 509 N.W.2d 754, 758-59 (Iowa 1993) (<HOLDING>). Nevertheless, all fifty states and the Options: A. recognizing an individuals right of privacy in the content of health records and noting that health records are the property of the health care entity maintaining them B. holding that every citizen has a constitutional right of privacy in his or her medical records C. recognizing the roots of the right to privacy in mental health records D. holding that constitutional right of privacy does not apply to medical records E. recognizing a constitutional right of privacy in mental health records

assistant: The best answer is E. recognizing a constitutional right of privacy in mental health records
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: & Dev., Ltd., 469 N.W.2d 683, 686 (Iowa 1991) (tracing preference back to 1851). Today this preference is found in Iowa Code section 616.17, our general venue statute. See id. That statute provides: Personal actions, except as otherwise provided, must be brought in a county in which some of the defendants actually reside, but if neither of them have a residence in the state, they may be sued in any county in which either of them may be found. Iowa Code § 616.17 (2001). Although renumbered several times over the years, the substance of the statute has remained unchanged for over a century. Compare Iowa Code § 2586 (1873), with Iowa Code § 616.17 (2001). Clearly, the present personal-injury lawsuit is a “personal action” for purposes of the statute. See, e.g., Tull, 469 N.W.2d at 686 (<HOLDING>); Baker v. Ryan, 67 Iowa 708, 710, 25 N.W. 890, Options: A. holding a limitation on damages arising out of bodily injury to one person involved in an accident applies to all claims arising from the death of that person B. holding a negligence action arising out of an allterrain vehicle accident was a personal action C. holding that an action for the negligence of an architect in the performance of professional services is an action for breach of contract D. holding that nature of alleged bias must be personal and not arising out of litigation E. holding petition alleging negligence was a personal action

assistant: The best answer is B. holding a negligence action arising out of an allterrain vehicle accident was a personal 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: its bearing on any matter to which it is relevant, including the defendant’s propensity to commit such offenses.” (internal quotations marks omitted)). But Rule 414’s text does not simply allow admission of prior acts of child molestation. Rather, Rule 414’s text says that "the court may admit evidence that the defendant committed any other child molestation" without referring to when that child molestation occurred. Fed.R.Evid. 414(a). Evidence of pri- or and subsequent acts of child molestation equally demonstrates a defendant’s propensities. Thus, it does not matter whether Lohse produced the nine photographs before or after he received or possessed the child pornography in his basement; Rule 414 covers both scenarios. See United States v. Sioux, 362 F.3d 1241, 1246 (9th Cir.2004) (<HOLDING>); United States v. Beechum, 582 F.2d 898, 903 Options: A. holding that any error in the exclusion of evidence is cured by the subsequent admission of the evidence B. holding that a prior conviction may be a bad act for purposes of rule 404b if substantial evidence supports a finding that defendant committed both acts and the probative value is not limited solely to tending to establish the defendants propensity to commit a crime such as the crime charged C. holding that the parol evidence rule did not bar introduction of evidence of a subsequent oral contract concerning the brokers right to a commission and modifying the written agreement D. holding admission of prior bad acts of child abuse was reversible error when the defendant did not have exclusive control over the children during the period when the prior bad acts occurred E. holding that the existing exceptions to rule 404bs general bar against the admission of propensity evidence allow for the introduction of both prior and subsequent bad acts evidence

assistant: The best answer is E. holding that the existing exceptions to rule 404bs general bar against the admission of propensity evidence allow for the introduction of both prior and subsequent bad acts evidence
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 this Agreement (a) any reference to the “best knowledge” of either party shall be deemed to be after due inquiry of such party with respect to the matter in question, (b) any reference to either party’s “knowledge” shall be deemed to be actual knowledge of such party of particular facts or events, which knowledge is acquired in the ordinary course of the business of such party, without special inquiry and (c) all references to the singular shall include the plural, and vice versa.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive’s health insurance benefits shall cease on the last day of the month in which Executive’s employment terminates, subject to Executive’s right to continue Executive’s health insurance under the Consolidated Omnibus Budget Reconciliation Act of 1985. Executive’s participation in all benefits and incidents of employment, including, but not limited to, the accrual of bonuses, vacation, and paid time off, cease 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: for the cause of action to exist. E. g., Corning Glass Works v. Anchor Hocking Glass Corp., D.Del.1966, 253 F.Supp. 461, 470. 25 . For example, technical fraud may involve presentation of a trademark that is invalid because generic, see Donald F. Duncan, Inc. v. Royal Tops Mfg. Co., supra, or non-material omission of prior art before the Patent Office because the patentee reasonably thinks it is not relevant, see Corning Glass Works v. Anchor Hocking Glass Co., supra, or procurement of a patent on an obvious innovation, see Crown Mach. & Tool Co. v. KVP-Sutherland Paper Co., N.D.Cal.1968, 297 F. Supp. 542. These matters are to be sharply distinguished from intentional fraud, which involves affirmative dishonesty. See American Cyanamid Co. v. FTC, 5th Cir. 1966, 363 F.2d 757, 768-772 (<HOLDING>). 26 . The trial court’s finding 19 states that Options: A. holding that a patentee can collect only one royalty from a patent infringement B. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing C. holding that recitals in land patent were affirmative evidence that patentee paid requisite price for land D. holding that after reading the patent a person of skill in the art would not understand the patentee to have invented a generic method where the patent only disclosed one embodiment of it E. holding that ftc finding that patentee withheld evidence from the patent office authorized ftc to apply antitrust remedies

assistant: The best answer is E. holding that ftc finding that patentee withheld evidence from the patent office authorized ftc to apply antitrust remedies