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: (a) Interest and fees payable pursuant hereto shall be calculated on the basis of a 360-day year for the actual days elapsed, except that, with respect to Base Rate Loans the rate of interest on which is calculated on the basis of the Prime Rate, the interest thereon shall be calculated on the basis of a 365- (or 366-, as the case may be) day year for the actual days elapsed. The Administrative Agent shall as soon as practicable notify the Borrower and the relevant Lenders of each determination of a Eurodollar Rate. Any change in the interest rate on a Loan resulting from a change in the Base Rate or the Statutory Reserve Rate shall become effective as of the opening of business on the day on which such change becomes effective. The Administrative Agent shall as soon as practicable notify the Borrower and the relevant Lenders of the effective date and the amount of each such change in interest rate. Interest shall accrue on each Loan for each day on which it is made or outstanding, except the day on which it is repaid unless it is repaid on the same day that it was made.

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: of Bazile’s testimony of her daily living activities. See Lester, 81 F.3d at 834 (“In particular, no reasons were given for rejecting Lester’s testimony as to the ‘marked’ limitations on his activities of daily living.”). b. Daily Living Activities Given that Bazile’s testimony was the only evidence of this essential factor in determining disability, and the administrative law judge improperly rejected it, this Court concludes that the administrative law judge committed legal error by failing to give it due consideration as part of a determination of Bazile’s residual functional capacity. It is insufficient for the administrative law judge to consider “most” of the Avery factors. All six must be given consideration. See Aguiar v. Apfel, 99 F.Supp.2d 130, 137 (D.Mass.2000) (Tauro, J.) (<HOLDING>); see also Rohrberg v. Apfel, 26 F.Supp.2d 303, Options: A. holding premature a suit filed before final administrative determination of claimants administrative claim B. holding that a sentencing judge would commit a statutory error if the judge failed to consider the applicable guidelines range as well as the other factors listed in section 3553a C. holding remand required where consideration of impermissible factors affected length of sentence D. recognizing that a trial judge might properly consider spousal contributions where they have a significant impact on recognized statutory factors such as the parents standards of living or their relative financial means E. holding that consideration of most of avery factors is insufficient where administrative law judge failed to consider claimants daily living activities

assistant: The best answer is E. holding that consideration of most of avery factors is insufficient where administrative law judge failed to consider claimants daily living activities
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 Notice contain the entire agreement between the parties with respect to the Award Units and Award Shares, subject to any provision in your written employment or service contract with the Company in effect at the time at issue (if any) with respect to the vesting of, or other terms applicable to, the Award Units or Award Shares. Any oral or written agreements, representations, warranties, written inducements or other communications made prior to the execution of this Agreement with respect to the Award Units granted hereunder and any Award Shares shall be void and ineffective for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: For reasons set forth with more detail in the court’s discussion of the defamation claim, however, the court finds that plaintiffs argument lacks merit. Since McBride has failed to rebut defendants’ showing that they did not deprive plaintiff of a protected liberty interest, the court must grant summary judgment as to Count I (liberty interest claim). B. Defamation Claim As a threshold matter, a portion of plaintiffs defamation claim is time-barred. To the extent that plaintiffs allegations concern statements or accusations “caused to be made and/or circulated” in the summer and fall of 1991, Virginia’s one year statute of limitations bars him from bringing them in this action, filed on April 30, 1993. See Va. Code Ann. § 8.01-248; Semida v. Rice, 863 F.2d 1156, 1160 (4th Cir.1988) (<HOLDING>). The alleged defamation upon which plaintiff Options: A. recognizing that the supreme court in hayes consistently limited its holding that the mva title provisions applied instead of the ucc to cases involving tort law and liability insurance coverage B. recognizing that this court has consistently held that every enactment of the legislature is presumptively constitutional and a party challenging the statute has the burden of showing unconstitutionality beyond a reasonable doubt C. recognizing that the supreme court has consistently applied an analysis keyed to economic realities D. recognizing that the virginia supreme court has consistently applied the one year statute of limitation to defamation actions E. holding that kentuckys one year statute of limitations period applies to 1983 actions

assistant: The best answer is D. recognizing that the virginia supreme court has consistently applied the one year statute of limitation to defamation actions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices required hereunder shall be given by telephone (confirmed in writing) or shall be in writing and personally delivered or sent by facsimile transmission, reputable overnight delivery service or certified United States mail, postage prepaid, and addressed to the respective parties at their addresses set forth on Exhibit A or otherwise as inform ed to the other part ies by written notice given as aforesaid. All written notices so given shall be deemed effective upon receipt or, if mailed, upon the earlier to occur of receipt or the expiration of the fourth day following the date of mailing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.

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: subscriber may not post or transmit , or cause to be posted or transmitted , any communication or solicitation designed or intended to obtain password , account , or private information from any 9gag , inc user .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Hans v. Louisiana, 134 U.S. 1, 15, 10 S.Ct. 504, 33 L.Ed. 842 (1890))). The Eleventh Amendment protects un-consenting states from suits in federal court brought by citizens of other states, see U.S. Const. Amend. XI, and consistent with the Eleventh Amendment, the doctrine of sovereign immunity additionally protects unconsenting states from suits brought by its own citizens in its own state courts, see Hans, 134 U.S. at 18-19, 10 S.Ct. 504; Alden v. Maine, 527 U.S. 706, 713, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999). Thus, the Supreme Court has held that sovereign immunity, as an a priori concept, extends beyond the explicit language of the Eleventh Amendment. See, e.g., Edelman v. Jordan,, 415 U.S. 651, 662-63, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Hans, 134 U.S. at 15, 10 S.Ct. 504 (<HOLDING>). Even so, sovereign immunity is not absolute. Options: A. holding that the eleventh amendment protects a state from suit by its own citizens B. holding an exception to eleventh amendment immunity inapplicable in a suit against state officials on the basis of state law C. holding that sovereign immunity barred a federal question suit against a state brought by one of its own citizens even though the text of the eleventh amendment only addresses suits brought by citizens of another state D. holding state immune from suit brought by its own citizens E. holding that utah did not waive its eleventh amendment immunity with respect to a suit brought in federal court because state statute provided for exclusive original jurisdiction in its own courts

assistant: The best answer is A. holding that the eleventh amendment protects a state from suit by its own citizens
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: An eligible employee may elect to participate in the Plan and make a Deferral Commitment with respect to any Deferral Period by submitting a Participation Agreement to the Committee by the last day of the taxable year immediately preceding the Deferral Period for which the Deferral Commitment is made.

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 legal provision and list the applicable contract clause categories. Provision: Each party shall execute and deliver such documents and take such action, as may reasonably be considered within the scope of such party’s obligations hereunder, necessary to effectuate the transactions contemplated by this Agreement.

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

user: The foregoing shall not prevent either party from disclosing Information which is: vii) required to be disclosed pursuant to a governmental or legal requirement provided that the disclosing party gives to the other party written notice of such requirement prior to any such disclosure. xiii) required to be disclosed pursuant to a governmental or legal requirement provided that the disclosing party gives to the other party written notice of such requirement prior to any such disclosure.

assistant: Yes
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, together with the Transaction Agreement and the Management Agreements, constitute the entire agreement of the parties hereto with respect to the subject matter hereof and thereof and supersedes all previous contracts and understandings between the parties with respect to the subject matter hereof and thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: he'has failed to allege Goodman acted under color of law. As a result, the official capacity claims against Goodman must be dismissed. III. Personal Capacity Claims Against Goodman Acting in his personal capacity, Goodman has moved to dismiss based on Federal Rules of Civil Procedure 12(b)(2) (lack of personal jurisdiction), 12(b)(3) (improper venue), and 12(b)(5) (insufficient service of process). A. Serv d Cir.1980)); Micklus, 632 F.2d at 240 (rejecting the argument that once the defendant was served in his official capacity, he was properly before the court in both his individual and official capacities); Scherer v. United States, 241 F.Supp.2d 1270, 1282 (D.Kan.2003) (same). Knowledge of the lawsuit, alone, is insufficient. See Omni Capital Int’l, 484 U.S. at 104, 108 S.Ct. 404 (<HOLDING>). For example, in Kirkendall v. University of Options: A. holding that more than notice to a defendant is required B. holding that something more than a mere error of law is required to constitute misconduct C. recognizing the prejudice of an extension to a defendant who would be required to litigate events that occurred more than eight years earlier D. holding something more than denial of receipt is required E. holding that notice to supervisor is notice to city

assistant: The best answer is A. holding that more than notice to a defendant is required
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 inure to the benefit of and be binding upon PSID, its successors and assigns, and Executive. This Agreement, being for the personal services of Executive, shall not be assignable or subject to anticipation by Executive.

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: All obligations of the Company with respect to Performance Awards granted under the Plan shall be binding upon any successor to the Company, whether such successor is the result of an acquisition of stock or assets of the Company, a merger, a consolidation or otherwise.

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: Prior to commencement of participation hereunder, a Participant shall have entered into a written Compensation Reduction Agreement with his Employer in accordance with Section 3.03(a) hereof. The terms of such Compensation Reduction Agreement shall provide that the Participant agrees to accept a reduction in Compensation from the Employer. In consideration of such agreement, the Employer will credit the Participant’s Compensation Reduction Contribution Account for each Year with an amount equal to the total amount by which the Participant’s Compensation from the Employer was reduced during the Year pursuant to the Compensation Reduction Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: § 1132(a)(3). Count VII seeks an order enjoining John Hancock from paying Plan benefits secondary to Medicare. Count VIII of Santana’s complaint requests attorney’s fees pursuant to section 1132(g)(1). ERISA contemplates actions against an employee benefit plan and the plan’s fiduciaries. With narrow exception, however, ERISA does not authorize actions against nonfiduciaries of an ERISA plan. See Klosterman v. Western Gen. Management, Inc., 32 F.3d 1119, 1122 (7th Cir.1994) (opining that claim for breach of duty under ERISA only valid against fiduciary); Reich v. Rowe, 20 F.3d 25, 29-31 (1st Cir.1994) (allowing that nonfiduciaries may only be sued for engaging in “act or practice” proscribed by section 1106(a)(1)); Kyle Rys. v. Pacific Admin. Servs., 990 F.2d 513, 516 (9th Cir.1993) (<HOLDING>); Baker v. Big Star Div. of the Grand Union Options: A. holding that a fiduciary who receives consideration in connection with a transaction involving plan assets violated section 406b and a nonfiduciary who facilitated that transaction could be liable B. holding that equitable relief is not available to an individual under this section of the fdcpa C. holding that relief for nonfiduciary liability only available where nonfiduciary is engaged in prohibited transaction under section 1106a1 D. holding that equitable relief under rico is available only to the government E. holding that erisa does not contain a provision which permits a nonfiduciary to be held liable for breaches of fiduciary duties by others

assistant: The best answer is C. holding that relief for nonfiduciary liability only available where nonfiduciary is engaged in prohibited transaction under section 1106a1
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 may be executed in one or more counterparts, each of which shall be considered one and the same Amendment, and shall become effective when one counterpart has been signed by each Party and delivered to the other Party hereto. This Amendment and any signed agreement or instrument entered into in connection with this Amendment and any amendments or waivers hereto or thereto, to the extent signed and delivered by means of a facsimile machine or by email delivery of a “.pdf” format data file, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Qualstar may terminate this Agreement immediately upon providing Executive with written notice of termination for disability at any time after Executive has been unable to perform the essential duties of his job for more than ninety (90) consecutive days or for more than one hundred twenty (120) days in any calendar year due to a physical or mental disability, even when Executive has been provided with such reasonable accommodation as the Company can provide without undue hardship.

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 case excerpt and choose the best holding from the options. Case excerpt: violated his substantive due process rights. In so doing, Ahmed has incorrectly “presuppose[d] ... [that he has] a constitutionally protected right to actual discretionary relief from removal or to be eligible for such discretionary relief....” Manzano-Garcia, 413 F.3d at 471. This circuit has repeatedly held that discretionary relief from removal, including an application for an adjustment of status, is not a liberty or property right that requires due process protection. See, e.g., Assaad v. Ashcroft, 378 F.3d 471, 475 (5th Cir.2004) (stating, in a removal context, that due process claims revolving around an alleged failure to receive discretionary relief are not based upon a constitutionally protected liberty interest); Mireles-Valdez v. Ashcroft, 349 F.3d 213, 219 (5th Cir.2003) (<HOLDING>). In keeping with the well-established Options: A. holding that aliens lack of a protected liberty or property interest in the relief he sought a discretionary waiver of deportation was a circumstance fatal to his due process claim B. holding that civil commitment for any purpose constitutes significant deprivation of liberty that requires due process protection C. recognizing that a parents liberty interest in the custody of a child is subject to due process protection D. holding that eligibility for discretionary relief from a removal order is not a liberty or property interest warranting due process protection E. recognizing that it is well established that where a state provides a discretionary parole regime prisoners do not have a liberty or property interest in parole

assistant: The best answer is D. holding that eligibility for discretionary relief from a removal order is not a liberty or property interest warranting due process protection
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: With the exception of the Non-Compete Agreement, this Agreement contains the entire understanding of the parties, and there are no additional promises, representations, assurances, terms or provisions between the parties. This Agreement may not be amended except in writing signed by Employee and a duly authorized officer of Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that wife who commits crime in presence of husband was coerced by husband); DiFlorido v. DiFlorido, 459 Pa. 641, 331 A.2d 174 (1975) (abolishing presumption that husband is owner of household goods used and possessed by both spouses); Commonwealth v. Butler, 458 Pa. 289, 328 A.2d 851 (1974) (invalidating statutory scheme under which women are eligible for parole immediately upon incarceration while men must serve minimum sentence); Henderson v. Henderson, supra (striking down statute providing for alimony pendente lite, counsel fees and expenses in divorce action for wife but not husband); Conway v. Dana, 456 Pa. 536, 318 A.2d 324 (1974) (abolishing presumption that father must bear principal burden of support of minor children); Hopkins v. Blanco, 457 Pa. 90, 320 A.2d 139 (1974) (<HOLDING>) Equality of rights based on sex — (a) General Options: A. holding that the statute of frauds applies to a sellers wife holding only a dower interest in the property so the wife must sign the purchase agreement as well as the seller husband B. recognizing cause of action for loss of consortium C. holding that the equal rights amendment requires that wife as well as husband be permitted to recover for loss of consortium D. holding that wifes recovery for loss of consortium should not be reduced by the proportion of negligence attributable to husband because claim for loss of consortium is independent of the damages claim of the injured spouse E. recognizing loss of consortium claims

assistant: The best answer is C. holding that the equal rights amendment requires that wife as well as husband be permitted to recover for loss of consortium
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: element of the crime charged, beyond a reasonable doubt. * ⅝ ⅜ * ⅜ ⅜ You are to consider all of the instructions as a whole and are to regard each with the others given to you. Do not single out any certain sentence or any individual point or instruction and ignore the others. Appellant’s Appendix at 61, 62, 73; Transcript at 327-328, 332. We conclude that the instructions as a whole did not mislead the jury as to the elements of the offense of child molesting. The jury was instructed regarding the elements of the offense and was repeatedly instructed that the State was required to prove each element of the offense beyond a reasonable doubt. Any error in the penetration instruction did not result in reversible error. See, e.g., Lewis v. State, 769 N.E.2d 1077, 1083 (Ind.Ct.App.2001) (<HOLDING>), trans. denied. IV. The next issue is whether Options: A. holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury B. holding that although the instruction at issue could have been worded more specifically the jury instructions as a whole did not mislead the jury as to the law C. holding that the ninth circuit erred because the state appellate courts conclusion that one incorrect statement in jury instructions did not render the instructions likely to mislead the jury was not unreasonable D. holding that if jury instructions viewed as a whole fairly state the applicable law to the jury the failure to give particular instructions will not be error E. holding that the jury instructions taken as a whole sufficiently informed the jury of the states burden of proving that the defendant specifically intended to kill the victim

assistant: The best answer is B. holding that although the instruction at issue could have been worded more specifically the jury instructions as a whole did not mislead the jury as to the law
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: [STC] has a duty to act non-negligently.” (Pl.’s Mem. in Opp’n to STC’s Motion to Dismiss at 6.) Plaintiff further alleges that STC disseminated misleading information to promote the economic inter ests of the tobacco manufacturers. (See id.) “It is well established that one who voluntarily assumes a duty must exercise reasonable care or he will be responsible for damages resulting from his failure to do so.” Isler v. Burman, 305 Minn. 288, 232 N.W.2d 818, 822 (1975). Trade associations are not ordinarily found to have assumed a duty to the purchasing public unless they have some measure control over their manufacturing members or some direct involvement in the development or marketing the product. See Evenson v. Osmose Wood Preserving, Inc., 760 F.Supp. 1345, 1349 (S.D.Ind.1990) (<HOLDING>); Harmon v. National Automotive Parts Ass’n, Options: A. holding that the defendant trade association which did not manufacture sell distribute design test conduct safety research on or set standards for the product could not be held to have owed a duty to the plaintiff B. holding that stateimposed standards of care relating to product design manufacture and testing do not qualify as labeling requirements and thus are not preempted by fifra C. holding that using a trade secret to produce a design for which a patent application is then submitted and using a product design to procure financing for development of that product constitute use D. holding that in a negligence claim there is no postsale duty to warn or remedy when the product was nondefective under standards existing at the time of manufacture E. holding that in the absence of a product malfunction a plaintiff cannot establish that a defendant breached any duty owed

assistant: The best answer is A. holding that the defendant trade association which did not manufacture sell distribute design test conduct safety research on or set standards for the product could not be held to have owed a duty to the plaintiff
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 agrees that he or she will make no unfavorable or disparaging comments, orally or in writing, regarding Company, its Affiliated Companies or their operations, policies, or procedures, and that to do so will constitute a material breach of this Agreement.

assistant: Non-Disparagement
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 No. 3 and all attachments contain the entire Amendment No. 3 between the parties as to its subject matter. This Amendment No. 3 may be executed in two or more counterparts, each of which will be deemed an original and all which together will constitute one and the same Amendment No. 3. This Amendment No. 3 may be delivered by facsimile transmission or electronic mail, and such copies of executed signature pages will be binding as originals. This Amendment No. 3 may not be altered, amended or modified in any way except by a writing (excluding email or similar electronic transmissions) signed by the authorized representatives of both parties. This Amendment No. 3 will be governed by, interpret and enforced in accordance with the laws of the State of Washington, without regard to conflicts of laws.

assistant: Miscellaneous
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 agrees that during the course of his employment with Employer, he will have access to and learn trade secrets and other non-public, confidential, and/or proprietary information concerning the business (including but not limited to its employees, services, practices or policies) of Employer and its affiliates (collectively, “ Confidential Information ”). Executive promises never to make use of, disclose, or divulge any Confidential Information, directly or indirectly, except to the extent such use or disclosure is (i) necessary to the performance of this Agreement and in furtherance of Employer’s best interests, (ii) lawfully and publicly obtainable from other sources through no fault or breach of Executive, or (iii) authorized in writing by Employer. All records, files, documents, drawings, specifications, software, computerized data and information on any medium, equipment, and similar items or materials containing Confidential Information or otherwise relating to the business of Employer or its affiliates, including without limitation all records relating to customers (collectively, “ Employer Materials ”), whether prepared by Executive or otherwise coming into Executive’s possession, shall remain the exclusive property of Employer or such affiliates. Upon termination of employment, Executive agrees to promptly deliver to Employer all Employer Materials in the possession or under the control of Executive. The provisions of this Section 6.4 shall survive the expiration, suspension or termination of this Agreement for any reason. Executive promises that if he ever becomes legally compelled (for example, by court order or subpoena) to disclose any Confidential Information or Employer Materials, he will notify Employer as soon as possible after learning of the requested disclosure and, prior to disclosing any such information or materials, cooperate fully with Employer in its pursuit of a protective order or other lawful efforts to resist disclosure. Notwithstanding the foregoing, Confidential Information shall not include (a) the identity and contact information of Executive’s contacts, including those existing prior to commencement of his employment with Employer or developed during his employment, or (b) information already known by Executive prior to his employment with Employer or its affiliates.

assistant: Confidentiality
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 Lease may be executed in one or more counterparts (including by facsimile or electronic mail), each of which shall be deemed to be an original but all of which taken together shall constitute one and the same agreement, and shall become effective when one or more counterparts have been signed by each of the parties and delivered to each of the other Persons party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Intellectual Property Security Agreement and the transactions contemplated hereby, and all disputes between the parties under or relating to this Intellectual Property Security Agreement or the facts or circumstances leading to its execution, whether in contract, tort or otherwise, shall be construed in accordance with and governed by the laws (including statutes of limitation) of the State of Michigan, without regard to conflict of law principles that would require the application of laws of another jurisdiction.

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: Any and all differences, controversies, claims or disputes of any nature whatsoever arising out of or relating to this Agreement, including the interpretation, application, execution, breach, termination or invalidity thereof (each, a “ Dispute ”), if not resolved through negotiations or voluntary mediation, must be resolved through litigation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the State water quality standards that the criteria become regulatory. 1984 Dioxin Criteria Document at iii (J.A. at 1051) (emphasis added). No compulsory language is included in this provision of the 1984 criteria document. It specifically states that these water quality criteria are non-regulatory, and that they become regulatory only when a state adopts them. Until such time, however, a state may or may not choose to follow EPA’s water quality criteria, and the preface to the 1984 dioxin criteria document expressly acknowledges this. In view of the above, we conclude that the 1984 dioxin criteria document simply serves as a useful guide to assist the states in developing their own respective water quality standards. See American Paper Inst., Inc. v. EPA 882 F.2d 287 (7th Cir.1989) (<HOLDING>). Regarding the third factor, the 1984 criteria Options: A. holding order granting a new trial is not a final appealable order because it does not terminate the action or any of the claims or parties in the action B. holding fda seizure action did not constitute final agency action C. holding that epa action initiating permitting proceedings was not final agency action D. holding a general prediction set forth in order does not constitute final agency action E. holding that epa regions policy statement does not constitute final agency action because it does not compel action

assistant: The best answer is E. holding that epa regions policy statement does not constitute final agency action because it does not compel action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties agree that Executive is being terminated by the Company without Cause and that Executive will receive all of the Accrued Benefits described in the first paragraph of Section 9 of the Employment Agreement and all of the payments and benefits set forth in Section 9(a) of the Employment Agreement upon such event, including the “Severance” payment as defined therein. The “Date of Termination” for purposes of the Employment Agreement shall be 60 days after the Notice Date (or earlier, if the Company terminates the Notice Period). No other notices of termination shall be required of either party.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which need not contain the signature of more than one party but all such counterparts taken together will constitute one and the same agreement. In the event that any signature is delivered by facsimile transmission, or by e-mail delivery of a “.pdf” format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page was an original thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Debtor has any registered Patents, Patent Licenses, registered Trademarks, Trademark Licenses, registered Copyrights and Copyright Licenses which have not been previously disclosed in writing to Bank, or are not set forth on Schedule 3 attached hereto, which sets forth the information required by Section 3.3(d) of the Security Agreement for such previously undisclosed Intellectual Property Collateral.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: degrees of flexibility depending upon the specific linkage to company plans and objectives. If flexibility is not explicitly indicated in a policy, it is required that the policy be executed as defined." But the Disclaimer is prominently set forth in a separate text box, in bold font, at the beginning of Policy 210, which is the section of the Manual dealing with "Addressing Misconduct and Improving Performance." This placement is such that "a reasonable employee ought to notice it." See id. at 1112. 1 44 Unlike the Homilton disclaimer, the Disclaimer in this case does not specifically state that employment at NCR is "at-will," nor does it define the voluntary nature of the employment relationship. See id.; accord Johnson v. Morton Thiokol, Inc., 818 P.2d 997, 1003-04 (Utah 1991) (<HOLDING>). While both NCR and the trial court concluded Options: A. holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will B. holding that a disclaimer setting forth policies for general guidance only which stated that it did not create a binding contract and that the employee could be terminated without notice and at will at any time for any reason unambiguously provided that employment was atwill C. recognizing that wrongful or malicious interference with atwill employment contract may give rise to a tortious interference claim the fact that the employment is at the will of the employer and the employee does not make it one at the will of third parties D. holding that without a provision stating that an employee can be terminated only for cause the atwill doctrine permitted termination in the absence of any reason at all summary judgment and directed verdict in companion cases affirmed E. holding that employee guidebook did not create an implied employment contract as it contained a clearlystated boldfaced disclaimer and statement that employment was atwill

assistant: The best answer is B. holding that a disclaimer setting forth policies for general guidance only which stated that it did not create a binding contract and that the employee could be terminated without notice and at will at any time for any reason unambiguously provided that employment was atwill
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay on the part of the Administrative Agent or any Lender or any holder of any Note in exercising any right, power or privilege hereunder or under any other Credit Document and no course of dealing between the Borrower or any other Obligor and the Administrative Agent or any Lender or the holder of any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power or privilege hereunder or under any other Credit Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. The rights, powers and remedies herein or in any other Credit Document expressly provided are cumulative and not exclusive of any rights, powers or remedies which the Administrative Agent or any Lender or the holder of any Note would otherwise have. No notice to or demand on any Obligor in any case shall entitle any Obligor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Administrative Agent or any Lender or the holder of any Note to any other or further action in any circumstances without notice or demand.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: discomfort might include feelings of nausea , motion sickness , dizziness , disorientation , headache , fatigue , eye strain , or dry eyes .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to that fact. A jury could infer that Kudner made the statement with the intent to induce the plaintiffs to sign the agreements and that the plaintiffs relied on the statement: Krupnick’s and Schapiro’s affidavits and testimony indicate that their signing the agreement was contingent on Avecia’s obtaining the registrations. (Exhibit P-6, Krupnick dep., 7/14/00, at 87; Krupnick aff. ¶¶17, 18; Schapiro aff. ¶¶29, 30.) There is evidence that the plaintiffs’ reliance on Kudner’s statements was justified: Kenline testified that it was Avecia’s responsibility to obtain the Reputex registrations and that Avecia had more regulatory experience than the plaintiffs. (Exhibit P-53, Kenline dep., 7/26/00, at 696); Wilmington Trust Co. v. Aetna Cas. & Surety Co., 690 A.2d 914, 916-17 (Del. 1996) (<HOLDING>). Finally, there is evidence of damages: the Options: A. holding that whether the plaintiffs reliance on a negligent misrepresentation is justified generally raises a question of fact B. holding that there was a genuine issue of material fact precluding summary judgment C. holding that plaintiffs did not allege actual reliance on defendants misrepresentations and thus could not rely on 552 of the second restatement where plaintiffs proffered only fraudonthemarket theory alleging that defendants negligent misrepresentations affected market prices which induced plaintiffs to enter into certain transactions D. holding it is a question of fact E. holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment

assistant: The best answer is E. holding that whether a plaintiffs reliance on defendants misrepresentations was justified is a question of fact precluding summary judgment
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: depends on whether those terms can be given any reasonable meaning.” Id. “If the meaning of the claim is discernible, even though the task may be formidable and the conclusion may be one over which reasonable persons will disagree, we have held the claim sufficiently clear to avoid invalidity on indefiniteness grounds.” Exxon Research & Engineering Co. v. United States, 265 F.3d 1371, 1375 (Fed. Cir.2001). “By finding claims indefinite only if reasonable efforts at claim construction prove futile, we accord respect to the statutory presumption of patent validity ... and we protect the inventive contribution of patentees, even when the draft ing of their patents has been less than ideal.” Id.; see also Halliburton Energy Services, Inc. v. M-I LLC, 514 F.3d 1244, 1249-50 (Fed.Cir.2008) (<HOLDING>). The Court finds that defendants have not met Options: A. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied B. holding that a bad faith claim must be met through the clear and convincing evidence standard C. holding that an accused infringer must show by clear and convincing evidence that a skilled artisan could not discern the boundaries of the claim based on the claim language the specification and the prosecution history as well as her knowledge of the relevant art area D. holding that the determination of whether sufficient structure is disclosed in the specification to support a meansplusfunction limitation is based on the understanding of one skilled in the art E. holding that in reviewing a defendants motion for judgment of acquittal based on insanity which the defendant must prove by clear and convincing evidence the court must determine whether no reasonable jury could have failed to find that the defendants criminal insanity at the time of the offense was established by clear and convincing evidence

assistant: The best answer is C. holding that an accused infringer must show by clear and convincing evidence that a skilled artisan could not discern the boundaries of the claim based on the claim language the specification and the prosecution history as well as her knowledge of the relevant art area