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: the record. 6 . The Debtor’s accountant sought leave to withdraw on April 20, 2011; leave was granted on July 27, 2011. 7 . Additionally, the record reflects that 58 days elapsed between the September 6, 2011 filing of the Debtor's motion for extension of time to obtain counsel and its November 3, 2011 denial. Another 19 days passed before the court dismissed the case on November 22, 2011. Thus, the Debtor effectively received 77 out of the 90 days he originally sought, and nonetheless failed to hire an attorney. 8 . But cf. In re Moog, 774 F.2d 1073, 1075-76 (11th Cir.1985) (ruling § 1112(b)’s explicit language and legislative history indicate bankruptcy court without power to dismiss sua sponte); Gusam Rest. Corp. v. Speciner (In re Gusam Rest. Coip.), 737 F.2d 274, 276 (2d Cir.1984) (<HOLDING>). 9 . Although the bankruptcy court Options: A. holding that sua sponte grant of summary judgment without notice to the parties constitutes reversible error B. holding that rule 60b bars sua sponte relief C. holding that a court may sua sponte take judicial notice of its docket D. holding bankruptcy court without power to convert sua sponte due to 1112bs party in interest requirement E. holding that the court can raise res judicata sua sponte even on appeal

assistant: The best answer is D. holding bankruptcy court without power to convert sua sponte due to 1112bs party in interest requirement
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 Warrant Agreement shall specify when it is exercisable. The total number of Shares subject to a Warrant may, but need not, be allotted in periodic installments (which may, but need not, be equal). A Warrant Agreement may provide that from time to time during each of such installment periods, the Warrant may become exercisable (“vest”) with respect to some or all of the Shares allotted to that period, and may be exercised with respect to some or all of the shares allotted to such period or any prior period as to which the Warrant shall have become vested but shall not have been fully exercised. A Warrant may be subject to such other terms and conditions on the time or times when it may be exercised (which may be based on performance or other criteria) as the Administrator deems appropriate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that it would be difficult to fully compensate the Company for monetary damages resulting from any breach by him of the provisions of Sections 5, 6, 7, 10 or 11 hereof. Accordingly, in the event of any actual or threatened breach of any such provisions, the Company shall, in addition to any other remedies it may have, be entitled to injunctive and other equitable relief to enforce such provisions, and such relief may be granted without the necessity of proving actual monetary damages.

assistant: Remedies
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: state court remedies, the court noted that it was proper to provide a time limit to the petitioner, for him to present claims to the state courts and return to the federal court, “normally 30 days” after a stay is entered by the federal district court, and 30 days after exhaustion is completed in state court. Id. at 381. The court noted that “[i]f either condition of the stay is not met, the stay may later be vacated nunc pro tunc as of the date the stay was entered, and the petition may be dismissed.” Ibid. The First, Seventh, and Ninth Circuits have taken a somewhat similar approach to this question, although the degree of discretion given to the district court in this matter appears to vary. See, e.g., Nowaczyk v. Warden, New Hampshire State Prison, 299 F.3d 69, 79 (1st Cir.2002) (<HOLDING>); Freeman v. Page, 208 F.3d 572, 577 (7th Cir. Options: A. recognizing that courts routinely take judicial notice of documents filed in other courts B. recognizing district courts authority to dispose of contempt action for violation of automatic stay of bankruptcy C. holding that a lower court should not take any action once appeal is filed which would interfere with the appeal process or with the appellate courts jurisdiction D. holding bia did not err in determining request for stay of voluntary departure is not an implicit request for a withdrawal of voluntary departure E. holding that district courts should take seriously any request for a stay

assistant: The best answer is E. holding that district courts should take seriously any request for a stay
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 whom they have access[,]" conditions of probation that "reduce the potential for access to children are reasonable." Smith, 779 N.E.2d at 117 (citing Carswell, 721 N.E.2d at 1259). Finally, contrary to Bratcher's argument, neither condition imposes a complete prohibition on his use of the internet or social networking websites. Condition 21 simply requires him to acquire the approval of his probation officer, and condition 23 specifically applies to websites "frequented by children." Accordingly, we conclude that the trial court did not abuse its discretion by imposing probation conditions 21 and 28. See, eg., Patton, 990 N.E.2d at 515-16 (upholding sex offender's probation condition that prohibited him from accessing websites frequented by children); McVey, 863 N.E.2d at 450 (<HOLDING>); Smith, 779 N.E.2d at 118 (holding that the Options: A. holding that the defendants probation condition that restricted his contact with minors was a protective measure for children and would assist the defendant in his rehabilitation B. holding that a parole condition which restricted a parolees access to the internet unless he had prior approval of his parole officer was reasonably related to reintegrating the parolee into his community and protecting the general public and did not violate parolees first amendment rights C. holding that probation is not a sentence D. holding that upon revocation of probation a court must grant credit for time served on probation and community control towards any newly imposed term of imprisonment and probation so that the total period of control probation and imprisonment does not exceed the statutory maximum E. holding that the defendantchild molesters probation conditionwhich restricted his internet access unless he had prior approval of his probation officerwas reasonably related to his reintegration into the community and to protecting the public

assistant: The best answer is E. holding that the defendantchild molesters probation conditionwhich restricted his internet access unless he had prior approval of his probation officerwas reasonably related to his reintegration into the community and to protecting the public
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 power of attorney) by the inclusion of: (1) the language quoted in section 5602(a)(1) (relating to form of power of attorney); or (2) other language showing a similar intent on the part of the principal to empower the agent to make a limited gift. (c) Unlimited gifts. — A principal may authoriz principal may empower an agent to make limited gifts by inclusion of the language, “To make limited gifts.” 20 Pa.C.S.A. § 5602(a)(1). The class of permissible donees for a limited gift consists solely of the “principal’s spouse, issue and a spouse of the principal’s issue.” 20 Pa.C.S.A. § 5603(a)(2)(i). An agent cannot make any gift under power of attorney unless the power of attorney specifically states the agent is authorized to do so. Metcalf v. Pesock, 885 A.2d 539 (Pa.Super.2005) (<HOLDING>). When Appellant Mr. Fein performed the Options: A. holding that because no real property interest was transferred to the agent by virtue of her redeeming the property the statute of frauds was inapplicable B. holding that plaintiffs may have a property interest in real property C. holding broad language in power of attorney authorizing agent to purchase sell or otherwise dispose of principals real property interests was insufficient to empower agent to make gift of property D. recognizing that statements made by agent on behalf of principal to principals attorney may be protected by principals attorneyclient privilege E. holding that a principal is bound by a contract entered into by the principals agent on her behalf if the agent had authority to bind the principal

assistant: The best answer is C. holding broad language in power of attorney authorizing agent to purchase sell or otherwise dispose of principals real property interests was insufficient to empower agent to make gift of property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Clause 2.1 of this Agreement, the initial Term of this Agreement shall commence on the Effective Date and shall expire on December 31 st , 2025 unless terminated earlier as provided herein or extended by mutual written consent of the Parties. Notwithstanding the foregoing, each Project Plan may have separate term and termination provisions so long as the term of any Project Plan does not extend beyond 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 legal provision and list the applicable contract clause categories. Provision: The Borrower shall apply the proceeds of the Loan made available to the Borrower in respect of the Additional Advances for the purpose of making payments of, or reimbursing the Borrower for payments already made for, the amounts referred to in clauses 5.2, 5.3 and/or 5.4 of the Novation Agreement and, without limiting the foregoing, no proceeds of the Loan will be used to acquire any equity security of a class which is registered pursuant to Section 12 of the Securities Exchange Act of 1934 or any “margin stock”, as defined in F.R.S. Board Regulation U.

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: The provisions of this 2017-1 Servicing Supplement and the 2017-1 Servicing Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.

assistant: Binding Effects
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: this right does not apply to any goods that have been used , or are stated by us to be non-returnable , including any items or goods that have been personalised or modified in accordance with your instructions .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive will cooperate with the Company following the Separation Date through the first anniversary thereof by making himself reasonably available to the Company or any affiliate in connection with any internal or external investigation as well as any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, and to reasonably assist the Company or any such affiliate in any such action, suit, or proceeding including by providing information and meeting and consulting with the Board of Directors of the Company or its representatives or counsel, or representatives or counsel to the Company or any such affiliate, as reasonably requested by the Company. The Company will reimburse Executive for all expenses reasonably incurred by Executive in connection with Executive’s provision of such assistance (including the reasonable fees of any counsel that may be reasonably retained by Executive). In addition, starting on the Separation Date and ending on the first anniversary thereof, Executive shall provide all assistance reasonably requested by the Company relating to the transition of his former duties and responsibilities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 616; Rollins, 738 A.2d at 448; Commonwealth v. Howard, 553 Pa. 266, 719 A.2d 233, 238 (1998); Uderra, 706 A.2d at 339-40. Because counsels’ investigation was reasonable, Appellant has not met the second prong of proving ineffectiveness. See Pierce, 567 Pa. 186, 786 A.2d 203, 213. XII. Ineffectiveness Relating to “Good Conduct” in Prison Appellant asserts that evidence tending to show the he was a well-behaved and well-adjusted prisoner, from which the jury could draw favorable inferences regarding Appellant’s character and future conduct as a prisoner, if sentenced to life in prison, is admissible mitigating evidence, and trial counsel was ineffective for failing to present such evidence to the jury. See Skipper v. South Carolina, 476 U.S. 1, 4, 106 S.Ct. 1669, 90 L.Ed.2d 1 (1986) (<HOLDING>). Specifically, Appellant alleges counsel Options: A. holding that in reviewing sufficiency of the evidence claims we view the evidence in the light most favorable to the government and draw all reasonable inferences and credibility choices in favor of the jurys verdict B. holding that in reviewing sufficiency of evidence in juvenile adjudication the appellate court considers the evidence most favorable to the judgment and the reasonable inferences drawn therefrom and affirms if those inferences constitute substantial evidence C. holding that in reviewing whether there is sufficient evidence to support a conviction we view the evidence in the light most favorable to the government and draw all reasonable inferences and credibility choices in favor of the jurys verdict D. holding that evidence that a petitioner has been a wellbehaved and welladjusted prisoner from which the jury could draw favorable inferences regarding the petitioners character and probable future conduct if sentenced to life in prison is admissible as mitigating evidence E. holding that testimony regarding witness credibility is prohibited unless it is admissible as character evidence

assistant: The best answer is D. holding that evidence that a petitioner has been a wellbehaved and welladjusted prisoner from which the jury could draw favorable inferences regarding the petitioners character and probable future conduct if sentenced to life in prison is admissible as mitigating evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By executing and delivering an Assignment and Assumption, the parties to the assignment thereunder confirm to and agree with each other and the other parties hereto as follows: (a) other than the representation and warranty that it is the legal and beneficial owner of the interest being assigned thereby free and clear of any adverse claim, the assigning Lender makes no representation or warranty and assumes no responsibility with respect to any statements, warranties or representations made in or in connection with this Agreement or the execution, legality, validity, enforceability, genuineness, sufficiency or value of this Agreement, the other Loan Documents or any other instrument or document furnished pursuant hereto; (b) the assigning Lender makes no representation or warranty and assumes no responsibility with respect to the financial condition of the Borrower or any of its Subsidiaries or any Guarantor or any other Person primarily or secondarily liable in respect of any of the Obligations, or the performance or observance by the Borrower or any of its Subsidiaries or any Guarantor or any other Person primarily or secondarily liable in respect of any of the Obligations of any of their obligations under this Agreement or any of the other Loan Documents or any other instrument or document furnished pursuant hereto or thereto; (c) such assignee confirms that it has received a copy of this Agreement, together with copies of the most recent financial statements referred to in §6.4 and §7.4 and such other documents and information as it has deemed appropriate to make its own credit analysis and decision to enter into such Assignment and Assumption; (d) such assignee will, independently and without reliance upon the assigning Lender, the Administrative Agent or any other Lender and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement; (e) such assignee represents and warrants that it is an Eligible Assignee; (f) such assignee appoints and authorizes the Administrative Agent to take such action as agent on its behalf and to exercise such powers under this Agreement and the other Loan Documents as are delegated to the Administrative Agent by the terms hereof or thereof, together with such powers as are reasonably incidental thereto; (g) such assignee agrees that it will perform in accordance with their terms all of the obligations that by the terms of this Agreement are required to be performed by it as a Lender; (h) such assignee represents and warrants that it is legally authorized to enter into such Assignment and Assumption; and (i) such assignee acknowledges that it has made arrangements with the assigning Lender satisfactory to such assignee with respect to its pro rata share of Letter of Credit Fees in respect of outstanding Letters of Credit.

assistant: Warranties
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: CME Guarantor will, and will cause each of its Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a CME Material Adverse Effect.

assistant: Compliance With 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: In addition to the forfeiture of Performance Shares pursuant to other provisions of this Agreement, if either (i) the Grantee’s employment with the Company or a Subsidiary terminates before December 31, 20[__], and before the occurrence of a Change in Control, for any reason other than as set forth in Section 4 hereof or (ii) the Committee finds that the Grantee has engaged in any fraud or intentional misconduct as described in Section 20 hereof, the Performance Shares will be forfeited. Performance Shares shall be considered to have been forfeited upon the event that causes such forfeiture and shall not be considered to be outstanding thereafter.

assistant: Forfeitures
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 will cooperate reasonably with each other and with their respective Representatives in connection with any steps required to be taken as part of their respective obligations under this Agreement, and will (a) furnish upon reasonable request to each other such further information, (b) execute and deliver to each other such other documents, and (c) do such other acts and things, all as any other Party may reasonably request for the purpose of carrying out the intent of this Agreement and the Contemplated Transactions. In case at any time after the Closing any further action is necessary or desirable to carry out the purposes of this Agreement, each of the Parties will take such further action (including the execution and delivery of such further instruments and documents) as any other Party reasonably may request, all at the sole cost and expense of the requesting Party (unless the requesting Party is entitled to indemnification therefor under Section 7 or unless such cost or expense is the obligation of the non-requesting Party under this Agreement). Sellers acknowledge and agree that, from and after the Closing, Buyer will be entitled to possession of all documents, books, records (including Tax records), Permits, Governmental Authorizations, certificates of title, agreements, Company Contracts, Organizational Documents, financial data and all other documents of any sort relating to the Company (all of the forgoing, the “ Company Documents ”).

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: There is no: (a) action, suit or proceeding pending or threatened against the Buyer; or (b) proceeding, investigation, charges, audit or inquiry threatened or pending before or by any federal, state, municipal or other governmental court, department, commission, board, bureau, agency or instrumentality which might result in an adverse effect on the Buyer.

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 legal provision and list the applicable contract clause categories. Provision: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned, in whole or in part, by operation of Law or otherwise, by any of the parties without the prior written consent of the other parties; provided , that a Holder may, without the prior written consent of the Company, assign any or all of its rights and obligations under this Agreement to one or more of its Affiliates pursuant to a Transfer permitted by Section 1.3; provided , further , that any assignment pursuant to the foregoing clause shall not limit or affect such Holder’s obligations under this Agreement as a primary obligor. This Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and permitted assigns. Any purported assignment not permitted under this Section 2.7 shall be null and void.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any number of counterparts of this Pledge Agreement may be executed by the parties hereto. Each such counterpart shall be, and shall be deemed to be, an original instrument, but all such counterparts taken together shall constitute one and the same agreement. Any signature delivered by a party by facsimile or electronic transmission (including email transmission of a PDF image) shall be deemed to be an original signature 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the services are not medical devices , and the data provided by them is not intended to be utilized for medical purposes and is not intended to diagnose , treat , cure or prevent any disease , ailment or injury .

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: amended complaint would be futile, and the motion to amend may be denied. 2. The inclusion of “John Doe’’ Defendants violates Rule Uni). Defendants object to the use of five John Doe defendants on the ground that the inclusion of Doe defendants, who also appear in the original complaint, violates Federal Rule of Civil Procedure Rule 4(m) because they were not served within 120 days of filing. (Doc. 87 at 6.) Defendants are correct. I note at the outset that the time for serving the five Does named in the original complaint has long since passed. Moreover, should Plaintiffs identify any of the Does at a later date, they could not substitute in the named individual, since the Rule 15(c) relation back doctrine does not apply to Does. Garrett v. Fleming, 362 F.3d 692, 696 (10th Cir.2004) (<HOLDING>) Thus, any amendment including Doe defendants Options: A. holding that a refiled action against a new defendant entity was saved by 100 where there was an identity of interest between the original and later named defendant entities B. holding that under ohio law fraud claim failed because there was no evidence of reliance C. holding that there is no right of recovery against individual defendants under the ada D. holding amendments substituting named defendants for a john doe cannot relate back under rule 15c because there was no mistake regarding the john does identity E. holding that contract failed for indefiniteness because there were essential terms upon which there was no agreement

assistant: The best answer is D. holding amendments substituting named defendants for a john doe cannot relate back under rule 15c because there was no mistake regarding the john does identity
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 payments by or on account of any obligation of any Loan Party under any Loan Document will be made free and clear of, and without deduction or withholding for, any present or future Indemnified Taxes, and in the event any deduction or withholding of Indemnified Taxes is required, Borrower shall comply with the next sentence of this Section 16.1 . If any Indemnified Taxes are so levied or imposed, Borrower agrees to pay the full amount of such Indemnified Taxes and such additional amounts as may be necessary so that every payment of all amounts due under this Agreement, any note, or Loan Document, including any amount paid pursuant to this Section 16.1 after withholding or deduction for or on account of any Indemnified Taxes, will not be less than the amount provided for herein. The Borrower shall indemnify Administrative Agent and each Lender and Participant, within 10 days after demand therefor, for the full amount of any Indemnified Taxes (including Indemnified Taxes imposed or asserted on or attributable to amounts payable under this Section 16.1 ) payable or paid by such Agent, Lender or Participant or required to be withheld or deducted from a payment to such Agent, Lender or Participant and any reasonable expenses arising therefrom or with respect thereto, whether or not such Indemnified Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. Borrower will furnish to Administrative Agent as promptly as possible after the date the payment of any Indemnified Tax is due pursuant to applicable law, certified copies of tax receipts evidencing such payment by Borrower. Borrower agrees to pay any present or future stamp, value added or documentary taxes or any other excise or property taxes, charges, or similar levies that arise from any payment made hereunder or from the execution, delivery, performance, recordation, or filing of, or otherwise with respect to this Agreement or any other Loan Document.

assistant: Payments
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 subsection 42-4-201(4) prevented it from making factual findings, or, at the very least, colored those findings, I would remand for reconsideration of the facts under the interpretation of subsection 42-4-201(4) articulated in this opinion. I therefore respectfully dissent. I am authorized to state that JUSTICE RICE and JUSTICE COATS join in this dissent. 1 . The majority does not specifically address the trial court's conclusion that the stop was pretex-tual, a conclusion based on the fact that Officer Gray had been told to develop an independent basis to stop the defendant's vehicle. If Officer Gray had reasonable suspicion to stop the defendant for an obstructed view, it would not matter what his subjective motivations were. See People v. Thompson, 793 P.2d 1173 (Colo.1990) Options: A. holding that the objective standard for determining probable cause obviates the need to analyze the officers subjective motivation B. holding that an officers subjective reason for making an arrest need not include the criminal offense that later establishes probable cause C. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant D. holding that the subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause E. holding by failing to raise it to the district court the government waived its argument the subjective intent of the officers was irrelevant for establishing probable cause

assistant: The best answer is A. holding that the objective standard for determining probable cause obviates the need to analyze the officers subjective motivation
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 the employees, see 29 U.S.C. § 207(o)(2) (1994), any dispute over comp time must necessarily be based on the CBA. Although employers and employees are free to negotiate and reach agreements concerning comp time, such agreements may not violate the FLSA. See 29 C.F.R. § 553.23(a)(2) (allowing employers and employees to agree on guidelines governing the preservation and use of comp time as long as the agreement does not violate the FLSA). Where employers and employees reach an agreement that expressly violates the FLSA or is silent on an issue and the employer takes action, which violates the FLSA, employees may still bring actions to protect rights provided for in the FLSA without exhausting remedies established in the agreement. See Barrentine, 450 U.S. at 740, 101 S.Ct. 1437 (<HOLDING>). Clearly, in such a case, the complaint is Options: A. holding that individual rights under the flsa may not be waived through agreement B. holding that employees may not contract away their flsa rights C. holding that the flsa does not preempt a state law contractual claim that seeks to recover wages for time that is compensable under the contract but not under the flsa D. recognizing that immunity may be waived E. holding under flsa

assistant: The best answer is A. holding that individual rights under the flsa may not be waived through agreement
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 provision of this Agreement is intended to be severable. If any term or provision is held to be invalid, void, or unenforceable by a court of competent jurisdiction for any reason whatsoever, such ruling shall not affect the remainder of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to memorialize the terms of the lease assumption. Neither judicial review nor approval of the lease assumption agreement is required by the Bankruptcy Code or Rules. See In re Farley, No. 10-76019, 2011 WL 1304458 (Bankr.E.D.N.Y. April 6, 2011); see also In re Thompson, 440 B.R. 130, 132 (Bankr.W.D.Mich.2010). Section 365(p)(2)(B) also provides that a lease assumed by the chapter 7 debtor is a liability of the debtor and not of the estate. Under Section 362(h), also added by BAPCPA, if the lease is not timely assumed under Section 365(p)(2), the stay will be automatically terminated and the personal property at issue of either the estate, or of the debtor, sha of a personal property lease assumption agreement, In re Farley, No. 10-76019, 2011 WL 1304458 (Bankr.E.D.N.Y. April 6, 2011) (<HOLDING>). These decisions afforded the Court the Options: A. holding that the damage for tenancy at sufferance during the holdover period was the monthly rent under the lease versus the apartments fair market value because the lease contained a provision requiring lease payments beyond the lease term B. holding lease agreement that explicitly stated it was finance lease as defined in article 2a of ucc was finance lease even though lessee did not direct lessor to acquire goods or right to possession and use of goods from supplier C. holding that a closed case can be reopened to file a lease assumption agreement D. holding contract to be a mineral lease E. recognizing a latent ambiguity in a lease agreement

assistant: The best answer is C. holding that a closed case can be reopened to file a lease assumption agreement
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: by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, § 440(a), 110 Stat. 1241 (1996), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRI-RA”), Pub.L. No. 104-208, 110 Stat. 3009-546 (1996), provides in relevant part that “no court shall have jurisdiction to review any judgment regarding the granting of relief under section 1182(h), 1182(f), 1229b, 1229c, or 1255 of this title.” 8 U.S.C. § 1252(a)(2)(B)(i). Sepulveda seeks two forms of discretionary relief: cancellation of removal under 8 U.S.C. § 1229b and adjustment of status under 8 U.S.C. § 1255(i)(l)(B)(i). Section 1229b(b) enables the Attorney General to cancel the .removal of any alien who is inadmissible or removable if the alien: (1) has been phys 2004) (<HOLDING>); Hernandez v. Ashcroft, 345 F.3d 824, 845-47 Options: A. holding that an order denying a petitioners motion to reopen proceedings so that he could apply for adjustment of status was not a judgment regarding the granting of relief and was thus reviewable B. holding that a legal determination regarding an aliens eligibility for adjustment of status was not barred by the statute C. holding that denying a petitioners motion to reopen when he arrived 15 to 20 minutes late was an abuse of discretion D. holding that the bias denial of a motion to reopen based on the merits of the underlying application for adjustment of status was a discretionary decision under the adjustment of status statute and this court therefore did not have jurisdiction over an appeal of the bias ruling E. holding motion to reopen seeking adjustment of status constituted a withdrawal of the request for voluntary departure and the adjustment motion was therefore not barred based on failure to depart within the voluntary departure time allowed

assistant: The best answer is A. holding that an order denying a petitioners motion to reopen proceedings so that he could apply for adjustment of status was not a judgment regarding the granting of relief and was thus reviewable
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: assessment is one in which “the trial judge must evaluate all the evidence and evaluate the probative value of each piece of evidence in light of the others.” Chavez v. United States, 656 F.2d 512, 518 (9th Cir. 1981). “‘[Ejvidence of a defendant’s irrational behavior, his demeanor at trial, and any prior medical opinion on competence to stand trial are all relevant in determining whether further inquiry is required,’ and ‘one of these factors standing alone may, in some circumstances, be sufficient,’ ” Maxwell v. Roe, 606 F.3d 561, 568 (9th Cir. 2010) (quoting Drope, 420 U.S. at 180, 95 S.Ct. 896). Although a suicide attempt can give rise to a bona fide doubt as to competence, it does not necessarily do so. See United States v. Loyola-Dominguez, 125 F.3d 1315, 1318-19 (9th Cir. 1997) (<HOLDING>). We hold that the trial court’s denial of a Options: A. holding that a suicide attempt by itself does not automatically require a competency hearing B. recognizing that not every suicide attempt inevitably creates a doubt concerning the defendants competency C. holding that the state does not have to prove a defendants competency to stand trial D. holding that plea colloquy did not refute defendants claim that counsel was ineffective for failing to investigate his competency because defendants competency was never addressed at the plea colloquy E. recognizing that a defense attorneys opinion on the clients competency or incompetency is an important but not dispositive factor for trial court to consider in its competency determination

assistant: The best answer is B. recognizing that not every suicide attempt inevitably creates a doubt concerning the defendants competency
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each Borrower shall make each payment hereunder, without counterclaim or set-off, except with respect to principal of, interest on, and other amounts relating to, Advances denominated in a Committed Currency, not later than 11:00 A.M. (New York City time) on the day when due in Dollars to the Agent at the applicable Agent’s Account in same day funds. Each Borrower shall make each payment, without counterclaim or set-off hereunder with respect to principal of, interest on, and other amounts relating to, Advances denominated in a Committed Currency, not later than 11:00 A.M. (at the Payment Office for such Committed Currency) on the day when due in such Committed Currency to the Agent, by deposit of such funds to the applicable Agent’s Account in same day funds. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest or facility fees ratably (other than amounts payable pursuant to Section 2.10, 2.13 or 9.04(c)) to the Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Lender to such Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon any Assuming Lender becoming a Lender hereunder as a result of a Commitment Increase pursuant to Section 2.17 or an extension of the Termination Date pursuant to Section 2.18, and upon the Agent’s receipt of such Lender’s Assumption Agreement and recording of the information contained therein in the Register, from and after the applicable Increase Date or Extension Date, as the case may be, the Agent shall make all payments hereunder and under any Notes issued in connection therewith in respect of the interest assumed thereby to the Assuming Lender. Upon its acceptance of an Assignment and Assumption and recording of the information contained therein in the Register pursuant to Section 9.06(c), from and after the effective date specified in such Assignment and Assumption, the Agent shall make all payments hereunder and under the Notes in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Assumption shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Employee’s Service terminates because of the Employee’s death (or the Employee dies within three (3) months after Employee’s Service terminates other than for Cause or because of the Employee’s Disability), then the Employee’s Options may be exercised only to the extent that such Options would have been exercisable by the Employee on the date Employee’s Service terminates and must be exercised by the Employee’s legal representative, or authorized assignee, no later than twelve (12) months after the date Employee’s Service terminates (or such shorter time period or longer time period as may be determined by the Committee), but in any event no later than the expiration date of the Options.

assistant: Death
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 has fulfilled its obligations under the minimum funding standards of ERISA and the Code with respect to each employee benefit plan of the Company subject to such standards and is in compliance in all material respects with the applicable provisions of ERISA, and has not incurred any liability to the PBGC or any employee benefit plan of the Company under Title IV of ERISA other than a liability to the PBGC for premiums under Section 4007 of ERISA.

assistant: Erisa
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 counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. The parties agree that this Amendment shall be legally binding upon the electronic transmission, including by facsimile or email, by each party of a signed signature page to this Amendment to the other party.

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: The Borrower shall not, and shall not cause or permit any of its ERISA Affiliates to, cause or permit to occur an event that (i) could reasonably be expected to result in the imposition of a material Lien on any Collateral under Section 412 or 403 of the Code or Section 302, 303 or 4068 of ERISA, (ii) could reasonably be expected to result in the incurrence by Borrower of any material liabilities under Title IV of ERISA or the laws applicable to any Foreign Pension Plan (other than (x) premium payments and contribution obligations arising in the ordinary course of business and (y) liabilities arising under Section 4041(b) of ERISA) or (iii) could reasonably be expected to result in an ERISA Event, and, in each case, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

assistant: Erisa
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 Participant shall be required to pay to the Employer, or make other arrangements satisfactory to the Employer to provide for the payment of, any federal, state, local or other taxes that the Employer is required to withhold with respect to the grant, vesting and distribution of the Performance Stock Units and dividend equivalents. Subject to Committee approval, the Participant may elect to satisfy any tax withholding obligation of the Employer with respect to the distribution of shares of Company Stock pursuant to the Performance Stock Units that are earned and vested by having shares of Company Stock withheld up to an amount that does not exceed the minimum applicable withholding tax rate for federal (including FICA), state, local and other tax liabilities. Notwithstanding anything to the contrary herein or the Plan, until the Participant has satisfied the Employer’s withholding obligation with respect to the shares of Company Stock as described in this Paragraph 14, the Participant shall not have any rights to sell or transfer any shares of Company Stock that have been distributed to the Participant pursuant to Paragraph 5.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: If the district school board fails to act on the application, an applicant may appeal to the State Board of Education as provided in paragraph (c). If an application is denied, the district school board shall, within 10 calendar days, articulate in writing the specific reasons based upon good cause supporting its denial of the charter application. § 1002.33(6)(b)3, Fla. Stat. (2005)(emphasis added). 3 . To the extent the School Board argues that the Commission’s order is insufficient for failure to include detailed factual findings, the School Board failed to preserve this argument because it failed to raise the insufficiency of the Commission's recommendations before the State Board. See Imhotep-Nguzo Saba Charter School v. Department of Educ., 947 So.2d 1279 (Fla. 4th DCA 2007)(<HOLDING>). GRIFFIN, J., concurring specially. For what Options: A. holding that generally appellate courts will not review an issue raised for the first time on appeal B. holding that an issue not raised in the trial court cannot be raised for the first time on appeal C. holding appellate court would not consider issue raised by charter schools for first time on appeal D. holding that appellate court will not normally address issue raised for the first time on appeal E. holding that court will not consider issue raised for first time on appeal

assistant: The best answer is C. holding appellate court would not consider issue raised by charter schools for first time on appeal