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: The Borrower has disclosed to the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. Neither the Information Memorandum nor any of the other reports, financial statements, certificates or other written on formally presented information furnished by or on behalf of the Borrower or any Subsidiary to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or delivered hereunder (taken as a whole and as modified or supplemented by other information so furnished and other than projections, budgets, forecasts, estimates and other forward looking information or information of a general economic or industry specific nature) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

assistant: Disclosures
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 the Plan set forth the entire agreement and understanding of the parties hereto with respect to the grant, vesting and payment of this Award and the administration of the Plan and supersede all prior agreements, arrangements, plans and understandings relating to the grant, vesting and payment of this Award and the administration of the Plan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS WRITTEN AGREEMENT AND THE CREDIT DOCUMENTS, AS DEFINED IN THIS AGREEMENT, REPRESENT THE FINAL AGREEMENT AMONG THE PARTIES AND SUPERSEDE ALL PRIOR UNDERSTANDINGS AND AGREEMENTS, WHETHER WRITTEN OR ORAL, RELATING TO THE TRANSACTIONS PROVIDED FOR HEREIN AND THEREIN. ADDITIONALLY, THIS AGREEMENT AND THE CREDIT DOCUMENTS MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and did not alter FWUA’s Plan of Operation. The Plan of Operation was and is an administrative rule, and it is, of course, “ ‘axiomatic that an administrative rule cannot ... contravene the provisions of a statute.’ State, Dep’t of Bus. Reg. v. Salvation Ltd., 452 So.2d 65, 66 (Fla. 1st DCA 1984); Willette v. Air Prods., 700 So.2d 397, 401 (Fla. 1st DCA 1997) (‘A statute takes precedence over a rule.’).” See Clemons v. State Risk Mgmt. Trust Fund, 870 So.2d 881, 884 (Fla. 1st DCA 2004) (Benton, J., concurring). But FWUA’s Plan of Operation is also a con trolling corporate document, analogous to a private corporate charter, a private association’s articles of incorporation, or a private entity’s bylaws. See Word of Life Ministry, Inc. v. Miller, 778 So.2d 360, 363 (Fla. 1st DCA 2001) (<HOLDING>); S & T Anchorage, Inc. v. Lewis, 575 So.2d Options: A. holding that the court should determine reasonable damages in accordance with 3333 and then determine double damages in accordance with 3346 B. holding that claims of corporation vest in corporation C. holding that a hospitals bylaws are an integral part of its contractual relationship with the members of its medical staff D. holding that a corporation exists as an entity apart from its shareholders even where the corporation has but one shareholder the general proposition of corporate identity apart from its shareholders leads us to conclude in accordance with decisions from other jurisdictions that the attorneys client is the corporation and not the shareholders E. holding that corporation must act in accordance with its charter and bylaws

assistant: The best answer is E. holding that corporation must act in accordance with its charter and bylaws
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The closing of this Agreement (the “ Transaction Closing ”) shall be deemed to occur when this Agreement has been duly executed by both Investor and the Company, and the other Conditions to the Closing set forth in Section 2.2(b) have been met.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, interpretation, performance and enforcement of the terms and conditions set forth in this Agreement will be governed by the laws of the State of Georgia, the state in which the Corporation is incorporated, without giving effect to the principles of conflicts of law of that state.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: those expenses will likely result in a special assessment. Therefore, not only has the delinquent homeowner taken advantage of the assessments paid by his fellow homeowners, but he has now increased their fee burden. Surely, this was not the purpose behind the WVCCPA, which is plainly designed to target commercial, profit-generating entities. Certain federal courts, including the Fourth Circuit, have construed the federal Fair Debt Collection Practices Act (“FDCPA”) to require a- debt to be a “consumer debt.” See Mabe v. G.C. Services Limited Partnership, 32 F.3d 86, 88 (4th Cir.1994) (finding that child support obligation was not a “debt” under the FDCPA because it was not “incurred to receive consumer goods or services.”); Bloom v. I.C. Sys., Inc., 972 F.2d 1067, 1068 (9th Cir.1992) (<HOLDING>); Nance v. Petty, Livingston, Dawson, & Options: A. holding that a debt incurred for a personal family or household purpose is a consumer debt even though it is secured by the debtors real property B. holding that student loans for debtors sons education were for family purposes and should be considered consumer debt C. holding that a debtor has primarily consumer debts if the aggregate amount of consumer debt is more than 50 of the total debt D. holding that the fdcpa applies only to consumer debts incurred primarily for personal family or household purposes E. holding that fdcpa applies to attorneys who regularly engage in consumer debt collection activities

assistant: The best answer is D. holding that the fdcpa applies only to consumer debts incurred primarily for personal family or household purposes
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 material consents, licenses, approvals or authorizations of, or registrations or declarations with, any Governmental Authority required to be obtained, effected or given by the originator of such 2016-1 Lease Agreement in connection with (a) the origination or acquisition of such 2016-1 Lease Agreement, (b) the execution, delivery and performance of such 2016-1 Lease Agreement by the Titling Trust, and (c) the acquisition of such 2016-1 Lease Agreement and the related 2016-1 Leased Vehicle by the Titling Trust, were duly obtained, effected or given and were in full force and effect as of such date of origination or acquisition.

assistant: Approvals
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 terms of this Agreement shall be binding upon and inure to the benefit of the Company and its successors and assigns, and of the Grantee and the beneficiaries, executors, administrators, heirs, and successors and permitted transferees of the Grantee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Roberts Assoc. v. Strauman, 40 N.Y.2d 303, 307, 386 N.Y.S.2d 677, 353 N.E.2d 590 (1976). Such agreements may be justified by the employer’s need to protect itself from unfair competition by former employees. See BDO Seidman v. Hirshberg, 93 N.Y.2d 382, 391, 690 N.Y.S.2d 854, 712 N.E.2d 1220 (1999) provide for any geographic limitations. Plaintiffs introduced no evidence to support the proposition that a covenant restricting competition of the kind at issue in this case, anywhere in the world, is reasonable in terms of scope; nor have Plaintiffs pointed to any cases in this jurisdiction that would support the Court drawing such a conclusion. Indeed, the case law suggests just the opposite. See, e.g., Silipos, Inc. v. Bickel, No. 06 Civ. 2205(RCC), 2006 WL 2265055, at *6 (S.D.N.Y.2006) (<HOLDING>); Heartland Sec. Corp. v. Gerstenblatt, No. 99 Options: A. holding that a restrictive covenant will be upheld where a franchisor has a protectable interest in the sale of his franchise B. holding that a roadway is a structure and its construction would violate the restrictive covenant limiting the land to residential purposes C. holding that a restrictive covenant with a tenyear term was unenforceable D. holding that the restraint of a covenant not to compete must be reasonable under the facts and circumstances of the particular case and that only a legitimate business interest may be protected by the covenant E. holding that a restrictive covenant with worldwide restrictions on competition is not reasonable

assistant: The best answer is E. holding that a restrictive covenant with worldwide restrictions on competition is not reasonable
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 of the parties hereto hereby 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, in any way relating to this Agreement or any other Loan Document to which it is a party or the Transactions relating hereto or thereto, or for recognition or enforcement of any judgment, 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.

assistant: Jurisdictions
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 will be assigned initially to the position of Senior Vice President, Strategy and Corporate Development for the Company. During the term of Executive’s employment with the Company, Executive will devote his best efforts and substantially all of his business time and attention to the business of the Company.

assistant: Positions
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: sophisticated consumer” might well reach the same conclusion. In sum, particularly at this early stage, defendants cannot establish as a matter of law that Santander is a creditor exempt from the FDCPA. Thus, the motion to dismiss should be denied. TCPA Claims Defendants move to dismiss plaintiffs’ claims under the TCPA based on an exception contained in 47 C.F.R. § 64.1200(a)(2), which excepts calls to a residential line when made pursuant to an “established business relationship.” It is difficult to imagine how that exemption would apply to Letricia Hamlett, who was not a signatory to the loan, but in fairness there is at least one case that supports this odd interpretation of the law. See Santino v. NCO Fin. Sys., Inc., No. 09-CV-982, 2011 WL 754874, at *6 (W.D.N.Y. Feb. 24, 2011) (<HOLDING>); but see Watson v. NCO Group, Inc., 462 Options: A. holding 2254 applies to administrative proceedings B. holding that the fourteenth amendment only applies to state action C. holding exemption applies to nondebtor D. holding that fourteenth amendment only applies to state action E. holding that 1447c applies to counsel

assistant: The best answer is C. holding exemption applies to nondebtor
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: Neither the Information Memorandum nor any of the other reports, financial statements or certificates or other written information (other than information of a global economic or industry nature) furnished by or on behalf of the Borrower or its Affiliates to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or otherwise delivered hereunder (as modified or supplemented by other written information so furnished prior to the relevant measurement date for this representation and warranty), taken as a whole, contained as of the date such reports, financial statements, certificates or other written information were so furnished, any material misstatement of fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information and other forward-looking statements, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time; it being recognized by the Lenders that such projections and other forward-looking statements are as to future events and are not to be viewed as facts and that actual results during the period or periods covered by any such projections or other forward-looking statements may differ significantly from the projected results and such differences may be material.

assistant: Disclosures
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: elements, the Court dismisses Jucha’s equal protection claim. First, Jucha has not plausibly alleged that he is similarly situated to his comparator, the tattoo parlor that has been allowed to operaté as a result of its grandfathered status. “In order to be considered ‘similarly situated,’ comparators must be ‘prima facie identical in all relevant respects,’ or ‘directly comparable to [plaintiff] in all material respects.’” Racine Charter One, Inc. v. Racine Unified Sch. Dist., 424 F.3d 677, 680 (7th Cir:2005) (alteration in original) (citations omitted). By pointing out that the comparator operates under a grandfather provision, the Complaint makes clear that the comparator is not similarly situated to 4 Anchors. See Purze v. Vill. of Winthrop Harbor, 286 F.3d 452, 455 (7th Cir.2002) (<HOLDING>). While Jucha bears no burden of proof at the Options: A. holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated B. holding that employee who violated a different policy of the store than plaintiff was not similarly situated C. holding in a challenge to a zoning deci sion that the plaintiff was not similarly situated to others who received different treatment for different reasons D. holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim E. holding that potential class members are similarly situated to the named plaintiffs if they are similarly situated with respect to their job requirements and pay provisions

assistant: The best answer is C. holding in a challenge to a zoning deci sion that the plaintiff was not similarly situated to others who received different treatment for different reasons
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period and thereafter, the Executive will cooperate with the Company in any internal investigation or administrative, regulatory or judicial proceeding as reasonably requested by the Company (including, without limitation, the Executive being available to the Company upon reasonable notice for interviews and factual investigations, appearing at the Company’s request to give testimony without requiring service of a subpoena or other legal process, volunteering to the Company all pertinent information and turning over to the Company all relevant documents which are or may come into the Executive’s possession, all at times and on schedules that are reasonably consistent with the Executive’s other permitted activities and commitments). In the event the Company requires the Executive’s cooperation in accordance with this Paragraph 17 following termination of the Executive’s employment with the Company, the Company will pay the Executive a reasonable per diem as determined by the Board and reimburse the Executive for reasonable expenses incurred in connection therewith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: independent claims, which were the only matters that remained pending before the court. The order set out a schedule and procedure for discovery, required a conference of counsel, and addressed other administrative matters. On March 18, the City filed a third motion to dismiss on res judicata grounds. [¶ 7] Following a hearing held on April 27, the court granted the City’s second motion to dismiss, sanctioning Baker’s Table for failure to file a motion to specify the future course of proceedings. Over Baker’s Table’s objection, the court on May 3 also granted the City’s first motion to dismiss, based on Baker’s Table’s failure to file a request for trial of the facts. This appeal followed. II. DISCUSSION A. . Rule 80B(d) [¶ 8] The court entered its first orde 72 A.2d 913, 918 (Me.1984) (<HOLDING>). The record may also be supplemented with Options: A. holding bare allegation of social friendship insufficient B. holding that a complaints bare assertions alone were insufficient for certification C. holding that a bare allegation of bad faith is insufficient to require an inquiry into the governments decision not to file 5k11 motion D. holding that a bare conclusory allegation of an intent to discriminate is insufficient specific nonconclusory facts from which such an intent may reasonably be inferred is required E. holding that mere recitation of bare elements of a cause of action is insufficient to survive dismissal

assistant: The best answer is A. holding bare allegation of social friendship insufficient
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 Amended and Restated Escrow Agreement is binding upon and will inure to the benefit of the Parties hereto and their respective successors and permitted assigns, but will not be assignable, by operation of law or otherwise, by any Party hereto without the prior written consent of the other Parties subject to Section 14. Nothing in this Amended and Restated Escrow Agreement is intended to create any legally enforceable rights in any other non‑Party person or entity, or to make any non‑Party person or entity, including but not limited to any proposed or potential non‑Party recipient of funds from the Class Settlement Interchange Escrow Account or under the Superseding and Amended Class Settlement Agreement, a beneficiary of this Amended and Restated Escrow Agreement.

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 Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person, the Borrower or any of the Borrower’s Affiliates or Subsidiaries or a Disqualified Lender (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans of any Class (including such Lender’s participations in L/C Obligations) at the time owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuers shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.

assistant: Participations
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: on defendant’s long arrest record plus adjudicated criminal history without following § 4A1.3 in its “holistic evaluation” of § 3553(a) factors and affirming above-guidelines sentence); United States v. Perez-Molina, 627 F.3d 1049, 1049-51 (7th Cir.2010) (concluding that district court did not err in disregarding § 4A1.3 because it also relied on other § 3553(a) factors in imposing sentence that doubled high end of guidelines range). Nor was there any error in the court’s consideration of the pending Wisconsin charges during the § 3553(a) analysis because a sentencing court may further consider facts already taken into account during the guidelines calculations. See United States v. Aljabari, 626 F.3d 940, 951(7th Cir.2010); United States v. Tockes, 530 F.3d 628, 633 (7th Cir.2008) (<HOLDING>). We are even less persuaded by Adams’s Options: A. recognizing district courts discretion to consider pending state charge in determining sentence B. recognizing discretion of district court in determining a fee award C. recognizing appellate courts discretion to consider issues raised in the district court but not resolved there D. holding that a trial courts consideration of a new pending charge at a sentencing hearing for the purpose of determining a pattern of conduct and defendants character was not improper absent a showing that the trial judge used the pending charge in determining defendants sentence E. holding appellate courts must consider the trial courts jury charge as a whole

assistant: The best answer is A. recognizing district courts discretion to consider pending state charge in determining sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is the result of negotiations among, and has been reviewed by, the Borrowers, the Lenders, the Administrative Agent and their respective counsel. Accordingly, this Agreement shall be deemed to be the product of all parties hereto, and no ambiguity shall be construed in favor of or against the Borrowers, any Lender or the Administrative Agent.

assistant: Construction
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 Advisor shall not be entitled to any benefits, coverages or privileges, including, without limitation, social security, unemployment, medical or pension payments, made available to employees of the Company. The Advisor acknowledges that the Company will not withhold taxes on any amounts paid to him hereunder and that Advisor is responsible for all tax withholding, social security, unemployment insurance and other similar payments.

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: Toyota Motor Mfg., Kentucky, Inc. v. Williams, 534 U.S. 184, 196, 122 S.Ct. 681, 151 L.Ed.2d 615 (2002). 36 . Lusk v. Ryder Integrated Logistics, 238 F.3d 1237, 1240 (10th Cir.2001) (citing 29 C.F.R. § 1630.20(2)). 37 . Sutton v. United Air Lines, Inc., 527 U.S. 471, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). 38 . See id. at 482, 119 S.Ct. 2139. 39 . Bolton v. Scrivner, Inc., 36 F.3d 939, 942 (10th Cir.1994), cert. denied 513 U.S. 1152, 115 S.Ct. 1104, 130 L.Ed.2d 1071 (1995) (quoting 29 C.F.R. § 1630.2(j)(3)(i) (emphasis added)). 40 . Sutton v. United Air Lines, Inc., 130 F.3d 893, 904 (10th Cir.1997), aff'd 527 U.S. 471, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999) (quoting 29 C.F.R. § 1630.2(j)(3)(i)). 41 . See Eckholt v. American Business Information, Inc., 873 F.Supp. 526, 534 (D.Kan.1994) (<HOLDING>). 42 . Baldwin County Welcome Center v. Brown, Options: A. holding that if there is any issue of fact which remains upon a motion for summary judgment the motion must be denied B. holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them C. holding that plaintiff conceded the merits of an issue when he did not respond in any way to defendants argument on that issue in his opposition before the district court D. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed E. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed

assistant: The best answer is B. holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them
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 accrued interest shall be due and paid on the first day of each month. Except as otherwise provided herein, all accrued and unpaid interest shall be due and paid in full on the Revolving Credit Termination Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by or for Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or Lot or interfere with Building construction or operation and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to respond within ten (10) days after receipt of a written request therefor, Tenant may re-send such request to Landlord via registered or certified mail, return receipt requested, or recognized overnight delivery service, with the following statement in bold at the beginning of such request, “ WARNING: POSSIBLE DEEMED APPROVAL NOTICE. Failure to respond to this request within ten (10) days may lead to deemed approval of such request ”. Should Landlord fail to respond to such second request within ten (10) days after receipt thereof, such failure shall be deemed to be an approval of such contractors or workers. Except for work by Landlord’s general contractor, Tenant shall procure all necessary governmental permits before making any repairs, alterations, other improvements or installations. Tenant agrees to save harmless and indemnify Landlord from any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the performance of any such work during the Term of this Lease, except to the extent such injury, loss, claim or damage is caused by the negligent act or omission or willful misconduct of Landlord or its agents, servants, employees or contractors. Tenant shall cause each contractor to carry worker’s compensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and commercial general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may require reasonably from time to time during the Term of this Lease, consistent with the size and scope of the particular project at issue (all such insurance to be written in companies approved reasonably by Landlord and insuring Landlord, Landlord’s managing agent and Tenant as additional insureds as well as contractors) and to deliver to Landlord certificates of all such insurance.

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 legal provision and list the applicable contract clause categories. Provision: To the maximum extent permitted by law, Tenant waives any right to contribution against the Landlord Parties (as hereinafter defined) and agrees to indemnify and save harmless the Landlord Parties from and against all claims of whatever nature arising from or claimed to have arisen from (i) any act, omission or negligence of the Tenant Parties (as hereinafter defined); (ii) any accident, injury or damage whatsoever caused to any person, or to the property of any person, occurring in or about the Premises from the earlier of (A) the date on which any Tenant Party first enters the Premises for any reason or (B) the Commencement Date, and thereafter throughout and until the end of the Lease Term, and after the end of the Lease Term for so long after the end of the Lease Term as Tenant or anyone acting by, through or under Tenant is in occupancy of the Premises or any portion thereof; (iii) any accident, injury or damage whatsoever occurring outside the Premises but within the Building or the garage, or on common areas or the Complex, where such accident, injury or damage results, or is claimed to have resulted, from any act, omission or negligence on the part of any of the Tenant Parties, or (iv) any breach of this Lease by Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall not be obligated to indemnify a Landlord Party for any claims to the extent that such Landlord Party’s damages in fact result from such Landlord Party negligence or willful misconduct. Tenant shall pay such indemnified amounts as they are incurred by the Landlord Party. This indemnification shall not be construed to deny or reduce any other rights or obligations of indemnity that any of the Landlord Parties may have under this Lease or the common law.

assistant: Indemnity
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 terms of this Agreement shall be binding upon and inure to the benefit of the Company, its successors and assigns, Participant and Participant’s beneficiaries, executors, administrators, heirs and successors.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly provided herein, capitalized terms used in this Amendment shall have the meanings given in the Revolving Credit Agreement (after giving effect to this Amendment), and the rules of interpretation set forth in the Revolving Credit Agreement shall apply to this Amendment.

assistant: Definitions
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 discharge of student loan debts against a fundamental bankruptcy principle of providing the honest debtor with a “fresh start.” See Kopf[ v. Dept. of Educ.], 245 B.R. [731] at 744 [(Bankr.D.Me.2000)]. Accordingly, the Court does not interpret this hardship standard to require a “certainty of hopelessness,” Wetzel v. New York State Higher Educ. Servc. Corp. (In re Wetzel), 213 B.R. 220, 225 (Bankr.N.D.N.Y.1996). See Kopf, 245 B.R. at 744; Salinas v. United Student Aid Funds, Inc. (In re Salinas), 240 B.R. 305, 314 (Bankr.W.D.Wis.1999) (“To suggest that the court’s role as finder of fact is to ascertain the ‘certainty’ of the future is to set an impossible task before those with imperfect vision.”); Ammirati v. Nellie Mae, Inc. (In re Ammirati), 187 B.R. 902, 906 (D.S.C.1995) (<HOLDING>). Conversely, the Court recognizes that undue Options: A. holding without any substantive evidence to corroborate the debtors testimony regarding her medical conditions the court must find that the debtor has failed to sustain her burden under the second prong of the brunner test B. holding that a defendants right to an independent blood alcohol test means the right to a test that is not subject to government manipulation C. holding that this standard from bram does not state the standard for determining the voluntariness of a confession under current precedent D. holding that even if the standard for waiver is clear the standard was not met E. holding that minimal standard of living under brunner test does not equate to povertylevel income

assistant: The best answer is E. holding that minimal standard of living under brunner test does not equate to povertylevel income
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 notice or communication under this Agreement must be in writing and given by (i) deposit in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, (ii) delivery in person or by courier service providing evidence of delivery, or (iii) transmission by hand delivery, electronic mail, telecopy, telegram or facsimile. Each notice or communication that is mailed, delivered, or transmitted in the manner described above shall be deemed sufficiently given, served, sent, and received, in the case of mailed notices, on the third business day following the date on which it is mailed and, in the case of notices delivered by courier service, hand delivery, electronic mail, telecopy, telegram or facsimile, at such time as it is delivered to the addressee (with the delivery receipt or the affidavit of messenger) or at such time as delivery is refused by the addressee upon presentation. Any notice or communication under this Agreement must be addressed, if to the Company, to: 3 Greenwich Office Park, 2 nd Floor, Greenwich, CT 06831, Attention: Brian K. Ratzan or by facsimile at (212) 429-2202, and, if to any Holder, at such Holder’s address or facsimile number as set forth in the Company’s books and records. Any party may change its address for notice at any time and from time to time by written notice to the other parties hereto, and such change of address shall become effective thirty (30) days after delivery of such notice as provided in this Section 5.1 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Lucia Gisela Zarazua de Rojas, her husband, Benito Rojas-Galvan, and their four children, Hector Gareth Rojas Zarazua, Sharito Gisela Rojas Zarazua, Lizet Briseiry Rojas Zarazua, and Josué Benito Rojas Zarazua (“Petitioners”), natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ summary affirmance of an immigration judge’s denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture. Petitioners’ contention that the BIA’s streamlining regulations violate their right to due process is foreclosed by Falcon Carriche v. Ashcroft, 350 F.3d 845, 849-51 (9th Cir.2003) (<HOLDING>). The Clerk is directed to stay the mandate Options: A. holding that imposition of more severe sentence following trial de novo does violate defendants due process rights B. holding that negligent inaction by a jail officer does not violate due process C. holding that doctrine does not violate due process D. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause E. holding that the bias streamlining procedure does not violate an aliens due process rights

assistant: The best answer is E. holding that the bias streamlining procedure does not violate an aliens due process rights
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 Executive shall be entitled to six (6) weeks paid vacation each twelve (12) months, to be taken at such time or times as shall be consistent with the proper performance by the Executive of his duties. No unused vacation, holidays, sick leave or personal days may be carried forward from year to year, nor, except as provided below, shall accrued unused vacation be paid out in cash. In the event that the Executive’s employment terminates for any reason, then the Executive shall be entitled to payment for any accrued but unused vacation days during the year such termination occurs.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his 15-year sentence, raising three arguments: (1) a 30-month upward variance was unwarranted under 18 U.S.C. § 3553(a); (2) his sentence creates an unwarranted disparity with Hawkins’s ten-year sentence; and (3) his sentence was greater than necessary to achieve the goals of § 3553(a). Jones contends that the court abused its discretion by varying upwards solely on his criminal record. But the record does not support Jones’s contention. The court did, as Jones suggests, rely on his past criminal conduct. But the court explicitly relied on past unscored criminal history. Under our reasonableness review, which gives due deference to the district court, see United States v. Barrett, 552 F.3d 724, 727 (8th Cir.2009), we cannot say the district court abused its discretion. See id. at 727 (<HOLDING>). Given the holding in Barrett, we cannot say Options: A. holding that request for departure in sentencing based on a criminal history category that overstated defendants record violated plea agreement that prohibited departure requests but did not stipulate to a specific criminal history category B. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category C. holding that the district court did not abuse its discretion by imposing an upward variance after finding that the defendants criminal history category of i understated the seriousness of his criminal history D. holding that when a defendant qualifies as a career felon it is not necessary to ascertain the defendants criminal history category because the sentencing guidelines mandate a criminal history category of vi E. holding that a district court may depart upward based upon based criminal conduct when such conduct is not included in the computation of criminal history category

assistant: The best answer is B. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category
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 Graham-Hopedale and Church Street. Q What time of the day or night was that? A It was right before 6 o’clock p.m. A ... I saw a person fitting [the] description in the parking lot at Coy’s. When he saw me, he walked over to a vehicle in the parking lot, spoke to somebody and immediately began walking away. As I approached, [I] stopped him in the parking lot next door of Kentucky Fried Chicken. Q Do you recall the description that you were given of th received calls for shoplifting, fights, “and other activity” from the gas station, and that “that end of town” had gang and graffiti activity, the State offered no evidence of whether any past calls of shoplifting, fights, or other activity had led to any actual arrests. Cf. State v. Butler, 331 N.C. 227, 233, 415 S.E.2d 719, 722 (1992) (<HOLDING>). Moreover, the juvenile was stopped at Options: A. holding that an officer has reasonable suspicion to conduct traffic stop even when his suspicion that a law has been violated is based on a reasonable mistake of law B. holding that circumstances created reasonable suspicion for investigatory stop C. holding reasonable suspicion is based on totality of circumstances D. holding that a traffic stop which lasted 105 minutes from the time of the initial stop until the defendant was arrested on drugrelated charges was unreasonable because the officers lacked reasonable suspicion to prolong the stop for purposes of conducting a drug dog sniff because there was insufficient evidence that the defendant was engaged in drugrelated activity E. holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made

assistant: The best answer is E. holding circumstances supporting reasonable suspicion to make a stop included that the defendant was on a comer on which recent multiple drugrelated arrests had been made
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: event, it is apparent that the Debtor believed that there was some urgency to the delivery of the transcripts and her counsel communicated her concerns to Penn’s counsel. 8 .While the parties have stipulated that such a written policy exists, the written policy itself wa S.D.Tex. Apr.27, 2005) (concluding that denial of transcript to chapter 13 debtor because of outstanding student loans was a violation of the automatic stay); Loyola Univ. v. McClarty, 234 B.R. 386 (E.D.La.1999) (university’s act of withholding chapter 13 debtor’s transcript violated automatic stay); In re Scroggins, 209 B.R. 727, 730 (Bankr.D.Ariz.1997) (act of parochial school withholding transcript of chapter 13 debtor's minor child violated the automatic stay); In re Carson, 150 B.R. 228, 231 (Bankr.E.D.Mo.1993) (<HOLDING>); In re Gustafson, 111 B.R. 282, 288 (9th Options: A. holding that debt collector violated fdcpa when it held debtor liable for court costs that had not yet been awarded B. holding that state university violated 11 usc 362 and 525 by withholding debtors transcript where debt was dischargeable C. holding that college violated stay by not delivering transcript to chapter 7 debtor when debt had not yet been determined dischargeable D. holding that university violated the automatic stay by withholding chapter 7 debtors transcripts because the debts were not yet determined nondischargeable E. holding 525 applies only where debt dischargeable

assistant: The best answer is C. holding that college violated stay by not delivering transcript to chapter 7 debtor when debt had not yet been determined dischargeable
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: Subtenant shall indemnify Sublandlord and hold Sublandlord harmless from and against any and all claims, demands suits, judgments, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with Subtenant’s use and possession of the Subleased Premises, or arising out of the failure of Subtenant, its agents, contractors or employees to perform any covenant, term or condition of this Sublease or of the Prime Lease or of the Consent to be performed by Subtenant, including without limitation all requirements of Prime Landlord relating to installation and use of any condenser unit on the Building roof, access thereto and removal thereof. Sublandlord shall indemnify Subtenant and hold Subtenant harmless from and against any and all claims, demands, suits, judgments, liabilities, costs and expenses, including reasonable attorneys’ fees, arising out of the failure of Sublandlord to perform any covenant, term or condition of this Sublease or of the Prime Lease to be performed by Sublandlord hereunder.

assistant: Indemnifications