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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: entry into the sunroom was lawful. See Jackson v. Sauls, 206 F.3d 1156, 1165 (11th Cir. 2000) (“[A] police officer :is entitled to qualified immunity if a reasonable police officer could have believed his or her actions were lawful in light of clearly established law and the information possessed by the officer at the time the conduct occurred”) (citing Stewart v. Baldwin County Bd. of Education, 908 F.2d 1499, 1503 (11th Cir. 1990)) (alteration supplied). In summary, the law was not sufficiently clearly established at the time of the alleged violation to give Harrison and Loucks. fair warning that their entry into Fish’s sunroom under the circumstances of this case would violate his Fourth Amendment rights. See Carroll v. Carman, — U.S.-, 135 S.Ct. 348, 349, 190 L.Ed.2d 311 (2014) (<HOLDING>). 2. Entry into the residence from the sunroom Options: A. holding that arrest by the back door of defendants house was unlawful B. holding that defendants are not entitled to qualified immunity C. holding that opening the door in response to a police demand and then failing to object when officers entered was not voluntary consent D. holding that police officers should have been entitled to qualified immunity when they entered onto a groundlevel deck on the back of a home to knock on a slidingglass door believing the door to be a customary entryway E. holding that defendants constitutionally protected privacy interest began at the door to his room not at the door to the rooming house

assistant: The best answer is D. holding that police officers should have been entitled to qualified immunity when they entered onto a groundlevel deck on the back of a home to knock on a slidingglass door believing the door to be a customary entryway
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 therefore “ ‘a pertinent character trait is one that tends to make the existence of any material fact more or less probable.’ ” City of Kennewick v. Day, 142 Wn.2d 1, 6, 11 P.3d 304 (2000) (quoting State v. Eakins, 127 Wn.2d 490, 495-96, 902 P.2d 1236 (1995)). ¶22 Here, the defense called witnesses who testified to Perez-Valdez’s reputation for good moral character. Though the State did not object at the time the testimony was offered, it later correctly argued that a general reputation for good character is not pertinent under ER 404(a)(1) to a specific element of the charged crime, rape of a child. See State v. Griswold, 98 Wn. App. 817, 829, 991 P.2d 657 (2000), abrogated on other grounds by State v. DeVincentis, 150 Wn.2d 11, 74 P.3d 119 (2003); cf. Day, 142 Wn.2d at 15 (<HOLDING>). The trial court did not strike the good moral Options: A. holding that postapprendi drug quantity is an element of the offense to be proven to jury B. holding evidence of plastic jeweler bags together with drug ledger amount of drugs and lack of paraphernalia to consume drugs was sufficient to support jurys finding of intent to distribute and absence of money and digital scales was not outcome determinative in light of other evidence C. recognizing the absence of drug paraphernalia suggestive of personal use as evidence of an intent to distribute D. holding that a reputation for sobriety from drugs and alcohol is pertinent to the charge of possession of drug paraphernalia because intent to use is an element of the offense E. holding that when the indictment charges that a certain minimum quantity of drugs is involved in the offense proof of that quantity is a fourth element of the offense

assistant: The best answer is D. holding that a reputation for sobriety from drugs and alcohol is pertinent to the charge of possession of drug paraphernalia because intent to use is an element of the offense
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: Interest shall not be payable under this Note unless and until the principal due hereunder has been paid in full. Once the principal amount of this Note has been paid in full (or converted into shares of Maker’s common stock, as provided herein), interest shall only be payable under this Note if and to the extent that the Maker’s majority joint venture company (which owns the URL www.jointlovers.com) (“JVCO”) has revenues, in which case, interest shall be payable as follows: Maker shall pay to Holder quarterly in arrears an amount equal to the product of (i) a fraction, the numerator of which is the original principal amount of this Note and the denominator of which is the principal amount of all the Notes issued in this series of Notes and (ii) twenty five (25%) percent of the Net Revenues (defined below), after deduction of Operating Expenses (defined below), of JVCO, until such time as the Holder has been paid an aggregate of fifty (50%) percent of the original face amount of this Note.

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: Each of the Parent Borrower and each of its Subsidiaries has filed or caused to be filed all U.S. federal, state and other material tax returns which are required to be filed and has paid all taxes shown to be due and payable on said returns or on any assessments made against it or any of its Property and all other taxes, fees or other charges imposed on it or any of its Property by any Governmental Authority (other than any such taxes, fees or other charges, the amount or validity of which are currently being contested in good faith by appropriate procedures and with respect to which reserves in conformity with GAAP have been provided on the books of the Parent Borrower or its Subsidiaries, as the case may be); no tax Lien has been filed, and, to the knowledge of the Parent Borrower, no material claim is being asserted, with respect to any such tax, fee or other charge.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: assignments. See id. at 304, 302. Appellants in this case did have notice that there was assigned parking at Le’Lisa; however, they did not have notice as to how the system worked. Further, appellants had notice from Article XVI of the by-laws that the document could be amended by a 66% percent vote of the unit owners. Appellants also had notice that the by-laws could contain “restriction^] on or requirement[s] respecting the use and maintenance of the units and the common elements.” RP § 11-104(c). See Allers v. Tittsworth, 269 Md. 677, 686, 309 A.2d 476 (1973) ("Every man is presumed to know the law”). Therefore, appellants knew the by-laws could be amended by the insertion of use restrictions. Cf. Board of Directors of By the Sea Council v. Sondock, 644 S.W.2d 774 (Tex.Ct.App. 1982) (<HOLDING>). Appellants also attempt to distinguish Juno Options: A. holding that condominium owners knew at time of purchase they bought subject to all provisions of declaration one of which was right to amend it B. holding that dismissal with leave to amend should be granted even if no request to amend was made C. holding that defendant must assert right of confrontation and right to be present at time of alleged violation and cannot claim those rights for first time on appeal D. holding that allegations that defendants designed and implemented improper accounting practices failed to state claim for securities fraud in absence of allegations of particular facts demonstrating how defendants knew of scheme at time they made their statements of compliance that they knew the financial statements overrepresented the companys true earnings or that they were aware of a gaap violation E. recognizing that the right of redemption is one of the most important rights provided by the states to owners of real property

assistant: The best answer is A. holding that condominium owners knew at time of purchase they bought subject to all provisions of declaration one of which was right to amend it
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 definitional concept called “continuing, exclusive jurisdiction,” under which the state that issues the support order (the issuing state) retains exclusive jurisdiction over the order, until specified conditions occur which provide a basis for jurisdiction in another state. 782 So.2d at 577-78. Under UIFSA, as opposed to URESA, there can be only one controlling order, initially issued by the issuing state, which is the state of controlling, exclusive jurisdiction. A state with controlling, exclusive jurisdiction over a support order retains this jurisdiction throughout the existence of the support obligation, and another state may not modify this order except by consent of the parties, or if the issuing court loses jurisdiction over the order. La. Ch. C. art. 1302.5 ; Jurado, \^supra (<HOLDING>). In addition, in an effort to reconcile the Options: A. holding that when district court has continuing and exclusive jurisdiction over sapcr matter judge of another district court in same county may rule in matter so long as record is clear that judge is acting on behalf of court with continuing and exclusive jurisdiction B. holding that under uifsa alabama courts may modify an alabama childsupport order only if the obligor the obligee or the concerned child affected by that order reside in the state and all the parties who are individuals have not filed written consent for the tribunal of another state to exercise jurisdiction over the childsupport order C. holding that once a support order is established the issuing court retains continuing exclusive jurisdiction under la chcode art 13025a 1 until the obligor the individual obligee and the child all establish a residence outside of the issuing state or 2 until all consent in writing to assumption of continuing exclusive jurisdiction by another state or 3 until the court of another state modifies the order of the issuing state in accordance with uifsa D. holding that until the case is no longer sub judice federal courts must apply state law in accordance with the then controlling decision of the highest state court E. holding that the trial court had continuing jurisdiction over all subsequent custody orders once the trial court acquired jurisdiction

assistant: The best answer is C. holding that once a support order is established the issuing court retains continuing exclusive jurisdiction under la chcode art 13025a 1 until the obligor the individual obligee and the child all establish a residence outside of the issuing state or 2 until all consent in writing to assumption of continuing exclusive jurisdiction by another state or 3 until the court of another state modifies the order of the issuing state in accordance with uifsa
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 points and fees related to the Mortgage Loan were disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. The points and fees related to such Mortgage Loan (other than a Bond Loan - 1st Lien and a Permitted Non-Qualified Mortgage Loan) did not exceed 3% of the total loan amount (or such other applicable limits for lower balance Mortgages) as specified under 12 CFR 1026.43(e)(3), and the points and fees were calculated using the calculation required for qualified mortgages under 12 CFR 1026.32(b) to determine compliance with applicable requirements.

assistant: Fees
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: 10, 1994, exactly ten (10) days later, the Court finds that defendant complied with the statutory notice provisions of COBRA. Accordingly, defendant is entitled to judgment as a matter of law. Alternatively, the Court finds that defendant would still be entitled to summary judgment even if the qualifying event occurred on June 30, 1994. As noted above, plaintiff does not dispute that his COBRA notice of right to continue coverage was mailed on August 10,1994, and that he elected not to continue coverage under defendant’s plan. When a plaintiff decides not to continue coverage under COBRA, the defendant cannot be held liable for a failure to provide plaintiff with timely notice of his right to continue coverage. Mercado Garcia v. Ponce Federal Bank, 779 F.Supp. 620, 631 (D.P.R.1991) (<HOLDING>), aff'd 979 F.2d 890 (1st Cir.1992). This rule Options: A. holding that the juvenile received inadequate notice of a hearing modifying his probation because he received no notice of the hearing or the reasons for it B. holding that a plaintiffs decision not to continue coverage under cobra precluded a violation of the notice provisions regardless of the date the beneficiary received his cobra notice C. recognizing that the applicant received notice from the plea form even though such notice was not required D. holding that notice was insufficient because it was slid under the tenants door instead of being posted regardless of the fact that the tenant actually received the notice E. holding that notice to the attorney of record constitutes notice to the petitioner

assistant: The best answer is B. holding that a plaintiffs decision not to continue coverage under cobra precluded a violation of the notice provisions regardless of the date the beneficiary received his cobra notice
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: certification motion, but before the district court decided the motion. See Wilkerson, 828 F.2d at 121 (“It would seem to us that the principle espoused in Geraghty is applicable whether the particular claim of the proposed class plaintiff is resolved while a class certification motion is pending in the district court (as in the present case) or while an appeal from denial of a class certification motion is pending in the court of appeals (as in Geraghty ).”). Since Wilkerson was decided, the Third Circuit has consistently held that a putative class representative whose claim was mooted after the class certification motion was filed but before the motion was decided is not automatically disqualified from representing a class. See Rosetti v. Shalala, 12 F.3d 1216, 1227-28 (3d Cir.1993) (<HOLDING>); Lusardi v. Xerox Corp., 975 F.2d 964, 982 (3d Options: A. holding that the district court did not err in dismissing the named plaintiffs claims on summary judgment before reaching the issue of class certification B. holding that district court in making class certification decision should avoid focusing on merits of underlying class action C. holding that district court has discretion under appropriate circumstances to rule on summary judgment motion before addressing pending class certification motion D. holding that under wilkerson it was error for district court to deny class action certification motion of named plaintiffs whose claims were resolved after filing motion for class certification but before district court decided motion E. holding that where named plaintiff was employee of class counsel district court did not abuse its discretion by denying class certification

assistant: The best answer is D. holding that under wilkerson it was error for district court to deny class action certification motion of named plaintiffs whose claims were resolved after filing motion for class certification but before district court decided motion
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 Bank agrees to indemnify Executive (and her heirs, executors, and administrators), and to advance expenses related to this indemnification, to the fullest extent permitted under applicable law and regulations against any and all expenses and liabilities that Executive reasonably incurs in connection with or arising out of any action, suit, or proceeding in which she may be involved by reason of her service as an officer of the Bank or any of its subsidiaries or affiliates (whether or not she continues to be an officer at the time of incurring any such expenses or liabilities). Covered expenses and liabilities include, but are not limited to, judgments, court costs, and attorneys’ fees and the costs of reasonable settlements, subject to Board approval, if the action is brought against Executive in her capacity as an officer or director of the Bank or any of its subsidiaries or affiliates. Indemnification for expenses will not extend to matters related to Executive’s termination for Cause. Notwithstanding anything in this Section 12(a) to the contrary, the Bank will not be required to provide indemnification prohibited by applicable law or regulation. The obligations of this Section 12 will survive the term of this Agreement by a period of six (6) years.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the vesting of the Awarded Shares under the terms of this Award Agreement, you (or your estate or beneficiary in the event of your death) must remit to the Company an amount equal to the Company’s federal, state and local tax withholding obligation applicable thereto or, alternatively, instruct the Committee to withhold a portion of such shares to cover the Company’s withholding obligation. In the event no such remittance or instruction is received prior to the date the shares vest (or such earlier date as may be set by the Committee), the Company shall automatically withhold a portion of the shares with a fair market value equal to the Company’s withholding obligation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive will perform such duties and services for the Company as may be designated from time to time by the Chief Executive Officer (the “CEO”) of the Company. The Executive is expected and required to devote substantially all of his time and attention during normal business hours to the affairs of the Company and/or its subsidiaries. The Executive further agrees to perform such duties in accordance with the general fiduciary duties of officers and directors arising under the Delaware General Corporation Law. The Executive is expected and required to devote substantially all of his time and attention during normal business hours to the affairs of the Company and/or its subsidiaries.

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 to withholding of any tax under the laws of the United States or any state or locality, no benefit payable at any time hereunder shall be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment or other legal process, or encumbrance of any kind. Any attempt to alienate, sell, transfer, assign, pledge or otherwise encumber any such benefit, whether currently or thereafter payable hereunder, shall be void. For clarification and without limitation, this section 10.2 specifically forbids and makes void any purported assignment of benefits to an alternate payee through a domestic relations order, regardless of whether such domestic relations order would be a qualified domestic relations order under Section 414(p) of the Code or Section 206 of ERISA.

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 case excerpt and choose the best holding from the options. Case excerpt: attention of the court. If the court finds that the petitioner is indigent, it shall allow petitioner to proceed in forma pauperis. If the court finds the indigent petitioner is incarcerated in the Indiana Department of Correction, and has requested representation, it shall order a copy of the petition sent to the Public Defender’s office. P-C.R. 1, § 2. Although Barclay was in prison and attached an affidavit of indigence to his petition, the court did not forward his petition to the Public Defender’s office as required by P-C.R. 1, § 2. The State recognizes that the court erred in this omission but asserts that it is harmless error. We disagree. There are two reasons behind the rule requiring Barclay’s petition for post-conviction relief to be for .1994), reh’g denied, trans. denied (<HOLDING>). Barclay properly filed with his petition an Options: A. holding that a prior conviction in a georgia state court was appropriately used to qualify the defendant as a career offender because he failed to prove he did not knowingly and voluntarily waive his right to counsel B. holding petitioner cannot claim he was denied right to assistance of counsel when he knowingly and voluntarily decided to represent himself C. holding that defendant waived his right to selfrepresentation where he told the trial judge before trial that he did not want to represent himself and the public defender acted as counsel for the remainder of trial without objection D. holding that a defendant in a state criminal trial has an independent constitutional right of selfrepresentation and that he may proceed to represent himself without counsel when he voluntarily and intelligently elects to do so E. holding that when the defendant voluntarily and knowingly pleaded guilty he waived any claim that counsel was ineffective for failing to file a motion to suppress the defendants inculpatory statements

assistant: The best answer is B. holding petitioner cannot claim he was denied right to assistance of counsel when he knowingly and voluntarily decided to represent himself
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby (which, for purposes of this Section 10.6 , shall include any Cash Management Bank and any Qualified Counterparty, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of paragraph (b) of this Section, (ii) by way of participation in accordance with the provisions of Section 10.6(d) , or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 10.6(e) . Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in paragraph (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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: Use the proceeds of the Credit Extensions (a) to finance any acquisition permitted pursuant to Section 7.03 and (b) for working capital, capital expenditures and other general corporate purposes not in contravention of any Law or of any Loan Document.

assistant: Use Of Proceeds
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: From time to time, at the request of the Consultant and without further consideration, the Client shall execute and transfer such documents and take such action as the Consultant may reasonably request in order to effectively consummate the transactions herein contemplated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The agreements in this Section 10.04 shall survive the resignation of the Administrative Agent, any L/C Issuer and any Swing Line Lender, the replacement of any Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all other Obligations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: put, we believe requiring more attorney involvement in cases such as this would belie the Court’s oft-stated assertion that UPL rules exist to protect the public, not lawyers. See, e.g., Crawford, 404 S.C. at 45, 744 S.E.2d at 541 (“The unauthorized practice of law jurisprudence in South Carolina is driven by the public policy of protecting consumers.”). In this context, where there is already “a robust regulatory regime[ ] and competent non-attorney professionals,” id. at 47, 744 S.E.2d at 542, we do not believe requiring more attorney involvement would appreciably benefit the public or justify the concomitant increase in costs and reduction in consumer choice or access to affordable legal services. Cf. In re Unauthorized Practice of Law Rules, 309 S.C. at 306, 422 S.E.2d at 124-25 (<HOLDING>). DECLARATORY JUDGMENT ISSUED. BEATTY, C.J., Options: A. recognizing the public interest exception B. recognizing the strict licensing requirements for becoming a certified public accountant cpa and holding that allowing cpas to practice in their areas of expertise subject to their own professional regulation will best serve to both protect and promote the public interest C. recognizing distinctions between public and private areas D. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public E. recognizing that sale of insurance affects the public interest and is subject to state regulation

assistant: The best answer is B. recognizing the strict licensing requirements for becoming a certified public accountant cpa and holding that allowing cpas to practice in their areas of expertise subject to their own professional regulation will best serve to both protect and promote the public interest
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 consummation of the sale by Seller and purchase by Purchaser of the Property (the “ Closing ”) shall be held on or before 2:00 p.m. Eastern Daylight Saving Time July 27, 2017, time being of the essence with respect to Purchaser’s obligation to close on such date; provided, however, that Seller shall be entitled to one or more adjournments of the Closing (not to exceed Fifteen (15) Business Days in the aggregate), by providing Purchaser written notice of its election to adjourn Closing, and for how long, at least Three (3) Business Days prior to Closing. The Closing shall take place by mail through the Escrow Agent. The date of the Closing is sometimes referred to as the “ Closing Date .” If any Tenant Estoppel Certificates would have been timely as of the initial Closing Date, then such certificates shall be deemed timely at any subsequent Closing Date following an adjournment of the Closing Date permitted hereunder. It is contemplated that the transaction shall be closed with the concurrent delivery of the documents of title and the payment of the Purchase Price.

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: Prior to the payment of the Appreciation Value in connection with the exercise of the SARs, the Grantee must make arrangements satisfactory to the Company to pay or provide for any applicable federal, state, and local withholding obligations of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Intercreditor Agreement may not be amended without the written consent of the Administrative Agent and each First Lien Representative party thereto. Bankruptcy or Insolvency Proceedings The Intercreditor Agreement shall continue in full force and effect notwithstanding the commencement of any proceeding under the Bankruptcy Code or any other federal, state or foreign bankruptcy, insolvency, receivership or similar law by or against any grantor or any of its subsidiaries.

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 legal provision and list the applicable contract clause categories. Provision: The Company shall be entitled to terminate your employment if, as a result of your incapacity due to physical or mental illness or injury, you shall have been unable to perform your duties hereunder for a period of 181 days in any twelve-month period (your “Disability”).

assistant: Disability
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 Convertible Promissory Note shall bear interest at the rate of thirty-three hundredths of one percent (0.33%) per annum unless and until the occurrence of an Event of Default (as defined below) occurs. After an Event of default, this Convertible Promissory Note shall bear interest at a floating rate of interest which shall be ten (10) percentage points over the rate of interest announced from time to time by Citibank, N.A. as the rate of interest that it charges to its most creditworthy commercial customers. Interest shall be computed on the basis of a 360-day year of twelve 30-day months and shall accrue and be payable on the Maturity Date. Interest shall be compounded annually after an Event of Default, but shall not be compounded prior thereto.

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 case excerpt and choose the best holding from the options. Case excerpt: right of an entity to contract with a licensed waste hauler for the collection and removal of domestic sep-tage or of grease trap waste, grit trap waste, lint trap waste, or sand trap waste.”). Unlike the language in subsection (h), the language in subsection (f) operates independently of any general grant of authority conferred by the Code and reads similarly to the languáge construed as unmistakably clear legislative intent in Laredo Merchants. See Laredo Merchs., 2016 WL 4376627, at *5 (citing Tex. Health & Safety Code Ann. § 361.0961) (“A local government ... may not adopt an ordinance ... to ... prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law[.]”); S. Crushed Concrete, 398 S.W.3d at 679 (<HOLDING>); cf. Quick v. City of Austin, 7 S.W.3d 109, Options: A. holding that a statute stating that a city ordinance may not make unlawful a condition or act approved or authorized under the act or the commissions rules or orders was unmistakably clear B. holding city ordinance preempted by state law because ordinance prohibited act specifically allowed under state law C. holding that an overt act may be a verbal statement or a physical act D. holding with respect to a similar arizona statute the prohibited act is looking into the residential structure with the requisite wrongful purpose or intent regardless of what or who may or may not be subject to the perpetrators unlawful gaze E. holding that the elements of a claim under 3729a2 are 1 that the defendant made used or caused to be made or used a record or statement to get a claim against the united states paid or approved 2 the record or statement and the claim were false or fraudulent and 3 the defendant knew that the record or statement and the claim were false or fraudulent emphasis added

assistant: The best answer is A. holding that a statute stating that a city ordinance may not make unlawful a condition or act approved or authorized under the act or the commissions rules or orders was unmistakably clear
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 this appeal has not been preserved, he is not entitled to relief. V. Conclusion. For the above reasons, the decision of the court of appeals is vacated in part and the judgment of the district court is reversed and the case remanded for proceedings consistent with this opinion. DECISION OF COURT OF APPEALS AFFIRMED IN PART AND VACATED IN PART; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED. All justices concur except WIGGINS, J., who concurs specially. 1 . The district court dismissed this charge pri- or to the start of trial. 2 . A few months prior to Rich, in State v. Holderness, 301 N.W.2d 733, 739-40 (Iowa 1981), we considered a kidnapping case in which the question of whether Iowa should adopt the incidental approach to our new kidnapping statute was rais 821 (2006) (<HOLDING>); State v. Scott, No. 88AP-346, 1988 WL 102010, Options: A. holding that defendant had reasonable expectation of privacy in a hotel room rented by relatives when he had a key to the room and permission to use the room at will B. holding removal of victim from one room to another was not mere asportation but sufficient evidence of a separate and independent act C. holding the harmed victim need not be the victim of the offense of conviction D. holding that where state alleged that burglarized structure was property of victim the branch manager of the firm that owned the property the victim had a sufficient possessory interest to support burglary charge where he was more than a mere employee but was the individual responsible for custody of the stolen items E. holding evidence sufficient for recklessly endangering another person where the appellant grabbed the victim around the neck and pulled her into a room

assistant: The best answer is B. holding removal of victim from one room to another was not mere asportation but sufficient evidence of a separate and independent act
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: fairness and justice” or our determination of what might be most just in a particular case. “ ‘We must look to the Constitution, statutes, and judicial decisions of [this] state, to determine [our] public policy and that which is not prohibited by statute, condemned by judicial decision, nor contrary to the public morals contravenes no principle of public policy.’ ” Claude v. Guaranty Nat’l Ins. Co., 679 N.W.2d 659, 663 (Iowa 2004) (quoting Harvey v. Care Initiatives, Inc., 634 N.W.2d 681, 686 (Iowa 2001) and In re Marriage of Witten, 672 N.W.2d 768, 780 (Iowa 2003)). “ ‘The power to invalidate a contract on public policy grounds must be used cautiously and exercised only in cases free from doubt.’ ” Grinnell Mut. Reins. Co. v. Jungling, 654 N.W.2d 530, 540 (Iowa -23 (Ind.Ct. App.2006) (<HOLDING>). The plaintiffs also contend that, because Options: A. holding public policy of um statute not violated by exclusion of um coverage for passenger of vehicle driven by excluded driver B. holding nearly identical named driver exclusion was plain and unambiguous and excluded claim brought under um coverage C. holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy D. holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage E. holding that waiver of um coverage was ineffective under south carolina law because insurer did not adequately advise insured party about um coverage

assistant: The best answer is C. holding named driver exclusion eliminating liability coverage as well as um coverage did not contravene um statute because statute required um coverage only if the claimant otherwise qualifies for liability coverage under the policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: stage (Pl.’s Class Cert. Mem. at 26). Individual issues, however, would predominate even before the damages stage. Because plaintiff will not be able to prove class-wide, company-wide discrimination with statistical evidence alone, a jury would need to consider each putative class member’s claim individually to determine liability. To prove that an individual plaintiff suffered gender discrimination under disparate impact or disparate treatment theories of Title VII or the Equal Pay Act, an individualized inquiry into each putative plaintiffs circumstances would be necessary to determine whether employment actions taken toward a particular employee were based on gender or instead on legitimate, nondiscriminatory reasons. See Warren v. Solo Cup Co., 516 F.3d 627, 629-30 (7th Cir., 2008) (<HOLDING>); Atanus v. Perry, 520 F.3d 662, 672-73 (7th Options: A. holding that same standard applies to equal pay act and title vii wage discrimination claims B. holding that if a plaintiff establishes a prima facie case of wage discrimination under the equal pay act the employer may raise one of four statutory defenses attributing the difference in pay to i a seniority system ii a merit system ni a system which measures earnings by quantity or quality of production or iv a differential based on any other factor other than sex C. holding that if the plaintiff makes out a prima facie case of age discrimination the employer must show that the discharge was based on reasonable factors other than age and if the employer meets that burden the plaintiff must show that age was a determining factor in the discharge D. holding that to establish a prima facie equal pay act claim the plaintiff must show that the jobs being compared are substantially equal E. holding that in title vii disparate treatment case in order for a plaintiff to establish a prima facie case the plaintiff must proffer evidence among other things that she performed her job according to her employers legitimate expectations if the plaintiff establishes the prima facie case the presumption shifts the burden to the employer to produce a legitimate nondiseriminatory reason for its actions

assistant: The best answer is B. holding that if a plaintiff establishes a prima facie case of wage discrimination under the equal pay act the employer may raise one of four statutory defenses attributing the difference in pay to i a seniority system ii a merit system ni a system which measures earnings by quantity or quality of production or iv a differential based on any other factor other than sex
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: Purchaser acknowledges that it understands the meaning and legal consequences of the representations and warranties contained herein, and it hereby agrees to indemnify and hold harmless Antria and any other person or entity relying upon such information thereof from and against any and all loss, damage or liability due to or arising out of a breach of any representation, warranty, or acknowledgement of Purchaser contained in this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be for a period commencing at 12:01 a.m. of the prevailing time in the time zone where the Hotel is located on the Management Commencement Date, and unless sooner terminated as hereinafter provided, shall continue until 11:59 p.m. of the prevailing time in the time zone where the Hotel is located on the 31st day of [______], [_____] (“ Initial Term ”) and shall, until the end of the term of the Franchise Agreement (or earlier termination thereof), automatically renew for additional one (1) year periods (each additional one (1) year period a “ Renewal Term ”) at the end of the Initial Term or applicable Renewal Term unless either party provides a termination notice to the other party at least one hundred twenty (120) days prior to the expiration of the Initial Term or the then current Renewal Term. The Initial Term and each Renewal Term are collectively referred to herein as the “ Term ”.

assistant: Terms
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: has been to take from the legislature and the courts, and place in district attorneys, the actual discretion to determine the severity of individual sentences in a substantial number of felony cases. The effect may be to empower a prosecutor to force upon a trial judge the imposition of a sentence so grossly disproportionate to the severity of the offense involved as to shock the conscience of the court. Such a sentence may be so excessive as to constitute cruel and unusual punishment in violation of the Eighth Amendment of the United States Constitution and Article II, section 20 of the Colorado Constitution. For a careful, thorough discussion supporting this position, see Hart v. Coiner, 483 F.2d 136 (4th Cir. 1973), cert, den., 415 U.S. 983, 94 S.Ct. 1577, 39 L.Ed.2d 881 (1974) (<HOLDING>). The practical effect of the habitual criminal Options: A. holding 1130 to be unconstitutional as applied to the plaintiff B. holding west virginia recidivist statute unconstitutional as applied to require disproportionately severe sentence C. holding minnesotas patterned sex offender senfence enhancement statute unconstitutional as applied to one defendant and noting our doubts as to whether the statute could ever be constitutionally applied D. holding that the death penalty is unconstitutional as applied to juvenile defendants E. holding that the statute as applied violates the commerce clause

assistant: The best answer is B. holding west virginia recidivist statute unconstitutional as applied to require disproportionately severe 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 AMENDMENT IS TO BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF NEW YORK APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED IN SUCH STATE, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. EACH AMENDMENT PARTY HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AMENDMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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: Capitalized terms used herein without definition shall have the meanings assigned to such terms in the Credit Agreement. This Amendment delivered in connection herewith shall constitute Loan Documents for all purposes of the Credit Agreement and the other Loan Documents. Each reference to “hereof”, “hereunder”, “herein” and “hereby” and each other similar reference and each reference to “this Agreement” and each other similar reference contained in the Credit Agreement shall, after this Amendment becomes effective, refer to the Credit Agreement as amended hereby.

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 legal provision and list the applicable contract clause categories. Provision: This MSA may be executed in duplicate counterparts of like tenor, each of which shall be deemed an original but both of which taken together will constitute one and the same instrument. Counterpart signatures of this MSA that are manually signed and delivered by facsimile transmission; by a uniquely, marked computer-generated signature; or by other electronic methods, shall be deemed to constitute signed original counterparts hereof and shall bind the party signing and delivering in this manner and shall be the same as the delivery of an original.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: tripadvisor , the owl logo , the ratings bubbles and all other product or service names or slogans displayed on this website are registered and/or common law trademarks of tripadvisor and/or its suppliers or licensors , and may not be copied , imitated or used , in whole or in part , without the prior written permission of tripadvisor or the applicable trademark holder .

assistant: None