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: they are necessaries for the benefit of the children. Under section 157.167(b), if the trial court finds that a respondent to a motion for enforcement has failed to comply with the terms of an order regarding possession of or access to a child, the trial court must order the respondent to pay the movant’s reasonable attorney’s fees and court costs. See id. § 157.167(b). If the trial court finds that the enforcement of the order in question was necessary to ensure the child’s physical or emotional health or welfare, then the trial court has the authority to enforce this order of fees and costs by any means available for the enforcement of child support except for income withholding, but the trial court is not required to use these means of enforcement. See id.; Iliff 339 S.W.3d at 81 (<HOLDING>). In contrast to the trial court’s authority in Options: A. holding that may as used in section 154066 gave the trial court authority or permission B. holding that although the court has the authority to review facts not before the plan administrator the court should use that authority sparingly C. holding that judge presiding at trial may not testify in that trial as witness D. holding appellant waived her complaint that trial court gave her no notice of summaryjudgment hearing by not raising the objection in the trial court E. holding appellant waived his complaint that trial court gave him no notice of submission date for summaryjudgment motion by not raising the objection in the trial court

assistant: The best answer is A. holding that may as used in section 154066 gave the trial court authority or permission
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: U.S.C.C.A.N. 5014, 5019 (emphasis added). Similar concerns were expressed by members of the House of Representatives about employees “volunteering” to serve as a witness as “an easy way to get out of work for a few days,” Hearing Before the Subcomm. on Manpower and Civil Serv. of the Comm, on Post Office and Civil Serv. on H.R. 10217, a Bill to Amend Title 5, United States Code, to Grant Court Leave to Employees of the United States and the District of Columbia When Called as Witnesses in Certain Judicial Proceedings on Behalf of State and Local Governments, 91st Cong. 11 (1969) (statement of Rep. David Henderson, Vice Chair, H. Comm, on Post Office and Civil Serv.), and “as a subterfuge for missing work,” id. at 13 (statement of Rep. Richard White, Member, H. p.Gen. June 25, 1984) (<HOLDING>); In re Sweeney, B-201602, 1981 WL 24203 Options: A. holding that court leave under 6322 is not available to a federal employee who is summoned to appear as a defendant in the court action concerned B. holding that court leave under 6322 is not available to a federal employee summoned to appear in juvenile court in her capacity as the juveniles parent as a party to the proceedings C. holding that court leave under 6322 is not available to a federal employee who appears in court as a plaintiff in her own action D. holding that the court without violating due process of the law may conduct a hearing to determine whether to waive juvenile jurisdiction even if the juvenile fails to appear if counsel is present and allowed to participate on the juveniles behalf E. recognizing juveniles right to counsel in certain juvenile proceedings

assistant: The best answer is B. holding that court leave under 6322 is not available to a federal employee summoned to appear in juvenile court in her capacity as the juveniles parent as a party to the proceedings
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) There are no actions, suits, proceedings or investigations by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve this Agreement or any other Loan Document or any of the transactions contemplated hereby.

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: Timely pay and discharge when due all material assessments, taxes, governmental charges, levies, Liens and claims, of every kind and nature, imposed upon the Loan Parties or any of their respective properties, income, or profits, prior to the earlier of the date on which such obligation would become delinquent or the date penalties would attach, and all lawful claims that, if unpaid, might become a Lien or charge upon any Loan Party’s properties, income, or profits; provided, however, the Loan Parties will not be required to pay and discharge any such assessment, tax, government charge, levy, Lien or claim so long as (a) the legality of the same will be contested in good faith by appropriate judicial, administrative or other legal proceedings instituted with reasonable promptness and diligently conducted, and (b) the Loan Parties will have established on their books adequate reserves with respect to such contested assessment, tax, government charge, levy, Lien or claim in accordance with GAAP.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: likely than not that Horizon would have won the Westlake contract absent the misconduct of these defendants and that, in reasonable probability, Horizon would suffer $898,000 in lost profits as a result. For the reasons explained below, we hold that the evidence is legally insufficient to establish the fact of lost profits damages regarding the Westlake contract with reasonable certainty. Texas courts require that a plaintiff seeking damages based on lost profits from future business opportunities adduce evidence establishing that prospective customers would have done business with the plaintiff absent the defendant’s misconduct. See, e.g., City of Dall. v. Vills. of Forest Hills, L.P., Phase I, 931 S.W.2d 601, 606-07 (Tex. App.—Dallas 1996, no writ); see also Heine, 835 S.W.2d at 85 (<HOLDING>). Thus, to recover lost profits from a contract Options: A. holding that a business owners testimony was insufficient to establish lost profits where he was not able to specify which contracts they lost how many they lost how much profit they would have had from the contracts or who would have awarded them contracts and explaining that the plaintiffs could have supported their lost profits with testimony that they had lost out on specific contracts but failed to do so B. holding past profits coupled with other facts and circumstances may establish lost profits C. holding plaintiffs could not obtain compensation for both lost value and lost profit D. holding that lost profits were covered where the insureds product a motor used in a treadmill was defective and caused lost profits on the sale of the treadmills E. holding that an unestablished business may recover lost prospective profits

assistant: The best answer is A. holding that a business owners testimony was insufficient to establish lost profits where he was not able to specify which contracts they lost how many they lost how much profit they would have had from the contracts or who would have awarded them contracts and explaining that the plaintiffs could have supported their lost profits with testimony that they had lost out on specific contracts but failed to do so
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 may withhold from any amounts payable under this Letter all federal, state, city or other taxes as the Company is required to withhold pursuant to any applicable law, regulation or ruling. Notwithstanding any other provision of this Letter, the Company shall not be obligated to guarantee any particular tax result for you with respect to any payment provided to you hereunder, and you shall be responsible for any taxes imposed on you with respect to any such payment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Assembly. More importantly, as the appellate court recognized, the relevant portion of section 501 did not change here, while in Davis, the critical language of the state constitution did change. See 348 Ill. App. 3d at 867. Thus, the legislature here had no compelling need to overcome a finding of implicit repeal comparable to the legislature’s need in Davis to account for the revisions in the state constitution. No definitive resolution of the implicit repeal issue existed when the 1992 amendment was enacted because this court had not yet considered that question. As the Seventh Circuit Court of Appeals acknowledged, federal opinions represent mere “educated guess[es]” as to this court’s ultimate ruling. See Reiser v. Residential Funding Corp., 380 F.3d 1027, 1029 (7th Cir. 2004) (<HOLDING>). Thus, the legislature would have no critical Options: A. recognizing conflict B. recognizing that these two recent supreme court decisions resolve the issue of whether federal regulations alone can create enforceable rights under 1983 C. recognizing the conflict D. recognizing the two lines of child custody cases but declining to resolve conflict E. recognizing that only the illinois supreme court could finally resolve the issue of implicit repeal explaining the state must resolve this conflict internally

assistant: The best answer is E. recognizing that only the illinois supreme court could finally resolve the issue of implicit repeal explaining the state must resolve this conflict internally
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 reasonably deduce that criminal activity is afoot. The same is true with regard to the corroboration of an anonymous tip. While the indi-cia used as corroboration needed not be per se criminal, they must still be sufficient to permit one to reasonably deduce that appellant engaged in the misconduct for which he was accused by the tipster. If it does not, then the tip cannot be said to be reliable. Given the record developed below, one cannot reasonably deduce from appellant’s mere use of the driveway of a closed business to turn-around late at night and his failure to then speed away that he had previously drove down the road illegally. Thus, that aspect of the anonymous tip accusing appellant of engaging in misconduct was not sufficiently corroborated, see Stewart v. State, supra (<HOLDING>), and the tip was not shown to be reliable. Options: A. holding that trial court properly suppressed evidence where officer did not possess articulable and reasonable grounds to suspect that defendant violated motor vehicle code the officer did not see defendant drive erratically commit a traffic violations or engage in any conduct indicating that he was under the influence of alcohol B. holding that although the investigation of the traffic offense that served as the basis for the stop was complete when the officer issued the citation the officers continued detention of the appellant thereafter for a canine search was lawful because during the investigation of the traffic offense the officer had developed a reasonable suspicion that the appellant had committed a drugrelated offense C. holding that the state failed to sufficiently corroborate the tip where the officer did not see appellant drive erratically or commit a traffic offense D. holding that in an arson case there must be other proof that the offense was committed to corroborate a confession by the defendant E. holding that the arresting officer did not have probable cause to stop the defendant for obstructing traffic because there was no evidence of intent to impede or hinder traffic where the vehicle was only briefly stopped in the roadway and the officer approaching the vehicle from behind did not have to stop or drive around the defendants vehicle

assistant: The best answer is C. holding that the state failed to sufficiently corroborate the tip where the officer did not see appellant drive erratically or commit a traffic offense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Notwithstanding the foregoing, the term "Evaluation Material" shall not include, and the Parties' obligations herein (other than their obligations under paragraph 6 of this Agreement) shall not extend to information which (b) was or is independently developed by the Receiving Party without use of the Evaluation Material; The terms of this Agreement shall not be construed to limit either Party's right to independently develop or acquire products without use of the other Party's Evaluation Material. The Furnishing Party acknowledges that the Receiving Party may currently or in the future develop information internally, or receive information from other parties, that is similar to the Evaluation Material. Accordingly, nothing in this Agreement will be construed as a representation or agreement that the Receiving Party will not develop or have developed for its products, concepts, systems, or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Evaluation Material, provided that the Receiving Party does not violate any of its obligations under this Agreement in connection with such development.

assistant: No
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: 8.4 viber may collect vat or other indirect taxes at the applicable rate for the particular country ( as per applicable tax rules ) at the time of purchase of viber credit or at the time you use the viber credit .

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: The proceeds of (a) the Initial Term Loans borrowed on the Closing Date will be used on the Closing Date to (x) pay fees and expenses in connection with the Transactions and (y) fund the Notes Redemption Collateral Account, the Founders Share Purchase Collateral Account, the Restricted Cash Collateral Account and the Designated US Account in the respective amounts set forth in Section 2.01 for the purpose of effecting the Tender Offer, the Stock Purchase, the Squeeze Out and the Subordinated Notes Repayments and (b) any Incremental Loans will be used by the Borrower for general corporate purposes and other legal purposes of the Borrower and its Subsidiaries (including, without limitation, Permitted Acquisitions and other permitted Investments, permitted refinancings of Indebtedness, Consolidated Capital Expenditures and permitted Restricted Payments).

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 case excerpt and choose the best holding from the options. Case excerpt: state judge believes a ‘better’ decision could be made.” Troxel, 530 U.S. at 72-73, 120 S.Ct. at 2064, 147 L.Ed.2d at 61. If the parent is not fit, no presumption arises and the parent’s wishes are due no deference. The close scrutiny that we apply to any infringement on a person’s right to parent a child, see In re Guardianship of Aschenbrenner (1979), 182 Mont. 540, 544-45, 597 P.2d 1156, 1160, and Pierce v. Pierce (1982), 198 Mont. 255, 260, 645 P.2d 1353, 1356, requires that the petitioning grandparent prove by clear and convincing evidence that it is in the child’s best interest to have contact with the grandparent, and, in the case of an objecting fit parent, that the presumption in favor of the parent’s wishes has been rebutted. See Evans v. McTaggart (Alaska 2004), 88 P.3d 1078 (<HOLDING>); cf. In re Custody & Parental Rights of P.M., Options: A. holding that cooperation between parents is essential if the arrangement is to be in the best interests of the child B. recognizing that a trial court must make a finding that the timesharing schedule is in the childs best interests C. holding that a modification of custody should not be based on one parents default because it is the childs best interests that are at stake D. holding that requiring a petitioner to establish by clear and convincing evidence that visitation is in the best interests of the child would provide effective protection for a parents choice except where the choice is plainly contrary to a childs best interests E. holding that postadoption visitation of child who was adopted by grandparents on basis of biological parents unconditional consent was required to promote childs best interests

assistant: The best answer is D. holding that requiring a petitioner to establish by clear and convincing evidence that visitation is in the best interests of the child would provide effective protection for a parents choice except where the choice is plainly contrary to a childs best interests
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Schedules hereto together with the other Transaction Agreements and any schedules and exhibits thereto, shall constitute the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all previous negotiations, discussions, commitments, outlines of terms, understandings, agreements, promises and other oral or written communications with respect to such subject matter. In the case of any conflict between the terms of this Agreement and the terms of any other Transaction Agreement regarding the subject matter hereof, the terms of this Agreement shall control; provided that in the case of any conflict between the terms of this Agreement and the Tax Matters Agreement, the terms of the Tax Matters Agreement shall control. In the case of any ambiguity between the terms and condition of the main body of this Agreement and a Schedule to this Agreement, or with respect to an Additional Service or an Omitted Service, the terms and conditions of the main body of this Agreement shall control.

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 because the nylon mask and other items that were later subjected to DNA testing were stored in the same place as items that were taken from his home, there was a possibility that the DNA analysis was conducted on a mixed sample and, therefore, the DNA evidence should be excluded. The trial court rejected the defendant’s argument and pointed out that there was “no evidence” that the items taken from the defendant’s home were “somehow commingled” with the nylon mask. We agree with the defendant that if the DNA results presented to the jury were based on the analysis of a known mixed sample, the State would be required to explain how the presence of DNA from another individual would affect the statistical analysis. See, e.g., State v. Garcia, 3 P.3d 999, 1003-04 (Ariz. Ct. App. 1999) (<HOLDING>); State v. Ayers, 68 P.3d 768, 775 (Mont. 2003) Options: A. recognizing that in prior decisions the court had used the term inconclusive to mean that dna evidence did not exclude an individual but clarifying that in the future the term inconclusive would be used only when a dna sample does not contain enough dna to draw a conclusion dna is degraded or for other reasons a dna test yields no results or the examiner draws no conclusion B. holding that there was no ineffective assistance for failing to hire a dna expert because the defenses theory was that the defendants dna was planted so the dna evidence would not seem to be an issue C. holding use of mtdna analysis to prove identity satisfied frye test for admissibility of new or novel scientific evidence D. holding that admission of evidence that defendants dna profile was consistent with dna profiles from mixed blood samples was plain error warranting reversal because no testimony was provided to explain the statistical significance of a potential match E. holding that frye test for admissibility was satisfied because expert used likelihood ratios to explain results of dna tests conducted on known mixed samples

assistant: The best answer is E. holding that frye test for admissibility was satisfied because expert used likelihood ratios to explain results of dna tests conducted on known mixed samples
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: through microsoft groove , microsoft movies & tv , store and any other related and future services , microsoft may enable you to obtain , listen to , view , play or read ( as the case may be ) music , images , video , text , books , games or other material ( `` digital goods '' ) that you may get in digital form .

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 399 U.S. 222 90 S.Ct. 1989 26 L.Ed.2d 534 PERKINSv.STANDARD OIL COMPANY OF CALIFORNIA. Nos. 1507 and 1556. June 23, 1970. PER CURIAM. 1 Following his success in this Court in Perkins v. Standard Oil Co., 395 U.S. 642, 89 S.Ct. 1871, 23 L.Ed.2d 599, the petitioner filed in the District Court for the District of Oregon an application for allowance of attorneys' fees, pursuant to § 4 of the Clayton Act,* for legal services performed during the appellate stages of that litigation, both in the Court of Appeals and in this Court. The District Court denied the application, ruling that § 4 did not authorize the allowance of attorneys' fees for services performed in connection with appellate proceedings. 2 Petitioner appealed this decision to the Court of Appeals and simultaneously filed in that court two separate applications for attorneys' fees for legal services performed there and in this Court. The Court of Appeals denied the latter application, believing that our mandate in Perkins, by not mentioning attorneys' fees, was intended to preclude an award of such fees. 3 The District Court was in error in holding that § 4 does not authorize the award of counsel fees for legal services performed at the appellate stages of a successfully prosecuted private antitrust action. Both the language and purpose of § 4 make that construction untenable. See American Can Co. v. Ladoga Canning Co., 7 Cir., 44 F.2d 763, cert. denied, 282 U.S. 899, 51 S.Ct. 183, 75 L.Ed. 792. The amount of the award for such services should, as a general rule, be fixed in the first instance by the District Court, after hearing evidence as to the extent and nature of the services rendered. See, e.g., Osborn v. Sinclair Refining Co., 207 F.Supp. 856, 864. The Court of Appeals was also in error in interpreting our mandate as precluding the award of such fees for services performed in connection with the litigation in this Court. Our failure to make explicit mention in the mandate of attorneys' fees simply left the matter open for consideration by the District Court, to which the mandate was directed. 4 The petitions for certiorari are granted and the judgments are vacated. No. 1556 is remanded to the District Court, and No. 1507 to the Court of Appeals, for further proceedings consistent with this opinion. 5 It is so ordered. 6 Judgments vacated and causes remanded. 7 Mr. Justice HARLAN took no part in the consideration or decision of these cases. * That section provides in pertinent part as follows: 'Any person who shall be injured in his business or property by reason of anything forbidden in the antitrust laws may sue therefor in any district court of the United States * * * and shall recover threefold the damages by him sustained, and the cost of suit, including a reasonable attorney's fee.' 38 Stat. 731, 15 U.S.C. § 15.

assistant: 6
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 Consultant agrees to pay for all of his own expenses (phone, mailing, faxing, labor, etc.), except pre-approved travel, but not including extraordinary items (luncheons or dinners to large groups of investment professionals, investor conference calls, print advertisements in publications, etc.) which extraordinary items shall be approved in advance in writing by the Company prior to Company incurring an obligation for reimbursement. The Company agrees and understands that the Consultant will not be responsible for preparing or mailing due diligence and/or investor packages concerning the Company, and that the Company will have some means to prepare and mail out investor packages at the Company’s expense , i n the event that an electronic version does not exist.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For services rendered under this Employment Agreement, the Company will pay the Employee a base annual salary of $365,000 (such applicable annual rate referred to herein as the “ Base Salary ”). Payment will be made on the regularly scheduled pay dates of the Company, subject to all appropriate withholdings or other deductions required by applicable law or by the Company’s established policies applicable to employees of the Company. The Company may increase the Base Salary in its sole discretion, but shall not reduce the Base Salary below the rate established by this Employment Agreement without the Employee’s written consent.

assistant: Base Salary
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 notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of: (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto prior to 5:30 p.m. (New York City time) on a Trading Day, (b) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number set forth on the signature pages attached hereto on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (c) the second (2 nd ) Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages attached hereto.

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: Executive agrees that he will cooperate with the Company and/or any Releasee and its or their respective counsel in connection with any investigation, administrative proceeding or litigation relating to any matter that occurred during Executive’s employment in which he was involved or of which he has knowledge. Such cooperation includes, but not limited to, the execution of truthful affidavits or documents, testifying truthfully, or providing truthful information requested by the Company. The Company agrees that, should a matter have a potential to become adverse between the Company and the Executive in either party’s good faith reasonable belief, the Executive is permitted to retain separate legal counsel of his choice in connection with providing such cooperation, and the Company agrees to advance legal expenses to Executive’s chosen counsel. The Company also agrees to reimburse Executive for any reasonable out of pocket expenses, including travel, meal or lodging costs as a result of such cooperation. Executive further agrees that in the event he is subpoenaed by any person or entity (including, but not limited to, any government agency) to give testimony (in a deposition, court proceeding or otherwise) which in any way relates to his employment by the Company and/or its affiliates, Executive will give prompt notice of such request to JetBlue Airways Corporation, 27-01 Queens Plaza North, Long Island City, New York 11101, Attention: General Counsel, and will make no disclosure until the Company and/or such affiliates have had a reasonable opportunity to contest the right of the requesting person or entity to such disclosure. Executive agrees that in providing such services, Executive will be serving as an attorney for the Company, and that any communications between the Company (or any of its counsel) and Executive shall be subject to the attorney-client and attorney work product privilege. Executive acknowledges that he has no right or authority to waive any attorney-client or attorney work product privilege belonging to the Company and/or any of its affiliates, and that he shall not provide any information in violation of such privileges. Executive further agrees that he shall not meet or otherwise communicate with any counter-party or any representative of any counter party to any litigation in which the Company (or any of its officers or directors) is a party, whether or not nominal, without the prior written consent of the Company.

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 legal provision and list the applicable contract clause categories. Provision: The Company agrees to indemnify and hold harmless the Seller from, and to reimburse the Seller for, any and all claims, suits, actions, proceedings, damages, liabilities, and expenses (including, without limitation, reasonable attorney's fees and expenses) that may be instituted or asserted against or incurred by the Seller arising out of or based upon any breach of any representation or warranty of the Company contained in this Agreement. The Company further agrees that any and all such claims were claims that the Company knew or should have known existed before the Transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: area’ ....” Kyllo v. U.S., 533 U.S. 27, 34 (2001) (quoting Silverman v. U.S., 365 U.S. 505, 512 (1961)). The technology at issue in Kyllo was a thermal imager that produced images showing heat distributions within the defendant’s home and in comparison with his neighbors’ homes. Id. at 29-30, 121 S.Ct. 2038. Based on their thermal imaging scan of Kyllo’s residence, officers determined that Kyllo was using halide lights to grow marijuana in his house. Id. at 30, 121 S.Ct. 2038. Though the officers obtained additional information about Kyl-lo’s increased electricity usage by subpoenaing his utility company, the Court determined that the officers’ use of the thermal imager constituted a search under the Fourth Amendment. See id. at 40, 121 S.Ct. 2038; id. . 2010) (non-prece-dential) (<HOLDING>). In contrast, courts agree that individuals do Options: A. holding that defendant lacked reasonable expectation of privacy in phone and fax numbers dialed B. holding that prisoners have no reasonable expectation of privacy in their prison cells C. holding that defendants had no reasonable expectation of privacy in the common areas of an apartment building D. holding that where there is no evidence of shared use or common authority an individual has a reasonable expectation of privacy in the files kept on a personally owned computer E. holding that an individual has no reasonable expectation of privacy in identifying information transmitted for isps and phone providers to provide service

assistant: The best answer is E. holding that an individual has no reasonable expectation of privacy in identifying information transmitted for isps and phone providers to provide service
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: county jail for each prohibited use of a weapon count, six months in county jail for reckless endangerment, and one year in the county jail for violation of a restraining order. The trial court also ordered defendant to complete two years of work release as a condition of his probation. Defendant thereafter initiated this appeal and, subsequently, violated the terms of his probation. Consequently, while this appeal was pending and without a limited remand, the trial court removed defendant from the work release program, revoked his probation, and sentenced him to four years in communi ty corrections for first degree burglary. The remaining sentences were left intact and concurrent. I. We first address, and reject, defendant’s contention that the trial court lacked jurisdi 2 (Colo.1984) (<HOLDING>). In People v. Taylor, 876 P.2d 130 Options: A. recognizing that the mcdonnell douglas framework is less useful in the context of an alleged discriminatory disciplinary decision than in the context of an alleged discriminatory hiring decision B. holding that the irs has a law enforcement purpose in the context of a criminal tax investigation C. holding same in the flsa retaliation context D. recognizing that policy considerations and analytical framework in civil context are sometimes persuasive and instructive in criminal context E. recognizing fiduciary exception in the erisa context

assistant: The best answer is D. recognizing that policy considerations and analytical framework in civil context are sometimes persuasive and instructive in criminal context
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 a complying PRP successfully obtaining reimbursement from the government. EPA has issued 1,705 UAOs to more than 5,400 PRPs since 1982. See Rouhani Report at ¶¶4.3, 6.5.2. If GE were attempting to present an exhaustive list of EPA’s errors in issuing UAOs, this would represent a minuscule error rate. But even if GE is not presenting an exhaustive list of EPA’s errors for all PRPs, the Court can presume that GE has at least thoroughly surveyed all 68 of the UAOs that GE itself has been issued. In the evidence presented, GE has demonstrated that EPA has made only three errors in issuing those 68 UAOs — an error rate of 4.4 percent. Although not insignificant, 4.4 percent is an “acceptable rate of error” for EPA in issuing UAOs under section 106 of CERCLA. See Shands, 602 F.2d at 1160 (<HOLDING>); see also Hum-phries v. County of Los Angeles, Options: A. holding that a four percent error rate constitutes substantial compliance with a statute B. holding that a 746 percent error rate is unacceptably high C. holding that where the proper rate of interest was eight percent but the court ordered six percent movant had waived right to higher rate by not raising the issue earlier in its petition for review D. holding that substantial compliance with notice is sufficient E. holding that a 50 percent error rate would constitute a substantial risk of erroneous deprivation

assistant: The best answer is A. holding that a four percent error rate constitutes substantial compliance with a statute
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 other writings referred to herein or delivered pursuant hereto (including the New Note) which form a part hereof contain the entire agreement among the parties with respect to the subject matter hereof and thereof and supersede all prior and contemporaneous arrangements or understandings with respect thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Set forth on Schedule 5.20(a) , is the following information which is true and complete in all respects as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Sections 6.02 and/or 6.13: (i) a complete and accurate list of all Subsidiaries, joint ventures and partnerships and other equity investments of the Loan Parties as of the Closing Date and as of the last date such Schedule was required to be updated in accordance with Sections 6.02 and/or 6.13, (ii) the number of shares of each class of Equity Interests in each Subsidiary outstanding, (iii) the number and percentage of outstanding shares of each class of Equity Interests owned by the Loan Parties and their Subsidiaries and (iv) the class or nature of such Equity Interests (i.e. voting, non-voting, preferred, etc.). The outstanding Equity Interests in all Subsidiaries are validly issued, fully paid and non-assessable and are owned free and clear of all Liens. There are no outstanding subscriptions, options, warrants, calls, rights or other agreements or commitments (other than stock options granted to employees or directors and directors’ qualifying shares) of any nature relating to the Equity Interests of any Loan Party or any Subsidiary thereof, except as contemplated in connection with the Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall be entitled to deduct and withhold from the amounts payable under this Agreement such amounts as are required to be deducted and withheld under the Code and any other applicable tax laws. Any such deducted and withheld amount shall be treated as though it had been paid to the person in respect of which such withholding was required, provided that the Company timely pays over such deducted and withheld amount to the applicable taxing authority.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, including by facsimile or electronic transmission, and each counterpart will have the same force and effect as an original and will constitute an effective, binding agreement on the part of each of the undersigned.

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: Borrower will, and will cause Parent and each Subsidiary of Parent to, at Borrower's expense, (a) maintain insurance respecting each of Parent's and its Subsidiaries' assets wherever located, covering liabilities, losses or damages as are customarily are insured against by other Persons engaged in same or similar businesses and similarly situated and located. All such policies of insurance shall be with financially sound and reputable insurance companies reasonably acceptable to Agent (it being agreed that, as of the Closing Date the insurance companies listed on Schedule A-3 are acceptable to Agent) and in such amounts as is carried generally in accordance with sound business practice by companies in similar businesses similarly situated and located and, in any event, in amount, adequacy, and scope reasonably satisfactory to Agent (it being agreed that the amount, adequacy, and scope of the policies of insurance of Parent, the Loan Parties and their respective Subsidiaries in effect as of the Closing Date are acceptable to Agent). All property insurance policies covering the Collateral are to be made payable to Agent for the benefit of Agent and the Lenders, as their interests may appear, in case of loss, pursuant to a standard loss payable endorsement with a standard noncontributory "lender" or "secured party" clause and are to contain such other provisions as Agent may reasonably require to fully protect the Lenders' interest in the Collateral and to any payments to be made under such policies. All certificates of property and general liability insurance are to be delivered to Agent, with the loss payable (but only in respect of Collateral) and additional insured endorsements in favor of Agent and shall provide for not less than 30 days (10 days in the case of non-payment) prior written notice to Agent of the exercise of any right of cancellation. Borrower shall give Agent prompt notice of any loss exceeding $250,000 covered by its or its Subsidiaries' casualty or business interruption insurance. Upon the occurrence and during the continuance of an Event of Default, Agent shall have the sole right to file claims under any property and general liability insurance policies in respect of the Collateral, to receive, receipt and give acquittance for any payments that may be payable thereunder, and to execute any and all endorsements, receipts, releases, assignments, reassignments or other documents that may be necessary to effect the collection, compromise or settlement of any claims under any such insurance policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Lenders shall have received satisfactory historical financial statements, pro forma financial statements and projections of the Company and its Subsidiaries, including (i)(A) audited consolidated balance sheets and related consolidated statements of income, shareholder’s equity and cash flows for the three most recently completed Fiscal Years ended at least 90 days prior to the Effective Date, (B) unaudited consolidated balance sheets and related consolidated statements of income and cash flows for each interim Fiscal Quarter ended since the last audited financial statements and at least 45 days prior to the Effective Date and (iii) if requested by Administrative Agent, internal consolidated balance sheets and related consolidated statements of income and cash flows for each interim fiscal month ended since the last quarterly financial statements and at least 30 days prior to the Effective Date; and (ii) projections prepared by management of balance sheets, income statements and cash flow statements of the Company and its Subsidiaries, which will be quarterly for the first year after the Effective Date and annually thereafter for the term of this Agreement (and which will not be inconsistent with information previously provided to the Administrative Agent).

assistant: Financial Statements
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 parent of each child under the age of 13 must register with the pokémon company international , inc. ( `` tpci '' ) through ptc before a child may use the services .

assistant: None