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: record, if you find a hypothetical case that somebody is mentally ill, would that prevent you from considering the minimum range of punishment in a murder case where the person has no prior convictions and is probation eligible. ADA: Objection, Your Honor. Court: Sustained. The appellant’s voir dire question improperly sought an answer committing the juror to a specific set of facts that obviously applied to the appellant in this case: Could they consider probation if faced with a mentally ill defendant, who had been convicted of murder and had no other pri- or convictions. This question was not an attempt to explain the law to the venire. Therefore, the trial court did not abuse its discretion by prohibiting the question. See Penry v. State, 903 S.W.2d 715, 739-40 (Tex.Crim.App.1995) (<HOLDING>); White, 629 S.W.2d at 706 (holding whether a Options: A. holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill B. holding double jeopardy did not prohibit capital prosecution of defendant who pled guilty to seconddegree murder and agreed to testify against codefendants but violated plea agreement by refusing to testify at retrial and state properly sought new indictment for capital murder resulting in death sentence imposed at trial for firstdegree murder C. holding whether a juror could assess life imprisonment in a specific fact scenario constituting capital murder was an improper commitment to facts D. holding that sentence was erroneous but not void where sentence of life imprisonment without parole was imposed for first degree murder under unconstitutional penalty statute E. holding that whether amendment to capital felonymurder information to add the charge of premeditated and deliberate murder was improper turned on whether there was prejudice or surprise

assistant: The best answer is C. holding whether a juror could assess life imprisonment in a specific fact scenario constituting capital murder was an improper commitment to facts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the indefeasible payment and performance in full of the Debt, this Agreement shall terminate . In furtherance of the forgoing, at the request of Pledgor and at Pledgor’s sole cost and expense, Lender agrees to execute and deliver to Pledgor any such documents reasonably acceptable to Lender to evidence such termination.

assistant: Terminations
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 December 31, 2016 and December 31, 2015 audited consolidated financial statements of the Company and its Subsidiaries and the June 30, 2017 and June 30, 2016 unaudited consolidated financial statements of the Company and its Subsidiaries heretofore delivered to the Purchasers were prepared in accordance with generally accepted accounting principles (subject, in the case of the June 30, 2017 and June 30, 2016 financial statements, to normal year-end adjustments) in effect on the date such statements were prepared and fairly present the consolidated financial condition and operations of the Company and its Subsidiaries at such date and the consolidated results of their operations for the period then ended.

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 case excerpt and choose the best holding from the options. Case excerpt: ¶ 67), regularly evaluates the performance of agency nurses, PI. Statement ¶ 28; Def. Counterstatement ¶ 28, and could prohibit an agency nurse from continuing to work at Bellevue if it believed she had committed a major violation of some rule or if it was otherwise dissatisfied with the nurse’s performance, Def. Counterstatement ¶¶ 29, 70. From all the foregoing, it is obvious that no evidentiary dispute remains that is material to the determination here in issue but that, rather, consideration of the undisputed “circumstances of the whole activity viewed in light of economic reality” demonstrates that Bellevue exercised functional control over plaintiff and was her joint employer. Cf. Amamare v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 611 F.Supp. 344, 349 (S.D.N.Y.1984) (<HOLDING>). Defendants’ fallback arguments are that, even Options: A. holding that there is no individual liability under title vii B. holding that under title vii a temporary employee was employed by both her temp agency and the business at which she worked on a temporary basis C. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii D. holding that individual employees are not liable under title vii E. holding that disclosure was required where the current employer permitted the paralegal to work on the same litigation she had worked for at her prior firm even after becoming aware that she had previously worked on the case

assistant: The best answer is B. holding that under title vii a temporary employee was employed by both her temp agency and the business at which she worked on a temporary basis
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: home may be unlawful depending upon the nature of the area in question. See, e.g., United States v. Struckman, 603 F.3d 731, 739 (9th Cir. 2010) (recognizing that curtilage garners the home's protection against warrantless entry for arrest); United States v. Brown, 510 F.3d 57, 64 (1st Cir. 2007) (conducting curtilage analysis with respect to driveway and noting the principles applicable to driveways when determining whether resident was arrested in violation of protection against warrantless entry); State v. Lewis, 675 N.W.2d 516, 523-26 (Iowa 2004) (conducting curtilage analysis for an unsecured driveway in determining whether defendant was arrested in violation of Fourth Amendment's protection against warrantless entry); State v. Karle, 759 N.E.2d 815, 819-20 (Ohio Ct. App. 2001) (<HOLDING>); Jefferson v. Commonwealth, 497 S.E.2d 474, Options: A. holding that arrest in backyard violated fourth amendment B. holding that arrest immediately out side of defendants house violated fourth amendment C. recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest D. holding a fourth amendment terry detention is not a custodial arrest and the use of handcuffs does not automatically convert a temporary detention into a fourth amendment arrest E. holding that arrest by the back door of defendants house was unlawful

assistant: The best answer is B. holding that arrest immediately out side of defendants house violated fourth amendment
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: if you are an individual and use the software or products for personal or household use , or if the value of the dispute is $ 75,000 usd or less whether or not you are an individual or how you use them , its supplementary procedures for consumer-related disputes will also apply .

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: which provides that a trustee enjoys the status of a bona fide purchaser without actual knowledge of any outstanding claim, lien or equity, without regard to the actual knowledge or notice of any actual creditor or trustee. In re Chateau Royale, 6 B.R. 8, 10 (Bank.N.D.Fla.1980); Crestar Bank v. Neal (In re Kitchin Equip. Co. of Virginia, Inc.), 960 F.2d 1242, 1245 (4th Cir.1992). As noted above, Trustee argues that since the Bankruptcy Code has a detailed section regarding sub-rogation, the state law of subrogation is not applicable. However, the extent of a trustee’s rights as a bona fide purchaser is a matter of state property law. Am. Indus. Leasing Co. v. Searles (In re Ludlum Enters., Inc.), 510 F.2d 996 (5th Cir.1975). See Havee v. Belk, 775 F.2d 1209, 1218 (4th Cir.1985) (<HOLDING>), (cited in SunTrust Bank v. Macky, 669 F.8d Options: A. holding a state workers compensation regime preempted by erisa to the extent state law applied to pension plans governed by federal law B. holding that the standard of review for the denial of rule 11 sanctions is governed by the law of the regional circuit C. holding that pennsylvania law determined the rights of a hypothetical lien creditor under 11 usc 544a1 D. holding that while 11 usc 544 gives the trustee the status of a hypothetical lien creditor the exercise of such power and its extent are governed entirely by state law E. holding that the admissibility of expert testimony was governed by state law

assistant: The best answer is D. holding that while 11 usc 544 gives the trustee the status of a hypothetical lien creditor the exercise of such power and its extent are governed entirely by state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Exercise Price and the number of Shares into which this Warrant is to be convertible pursuant to Section 2 of this Warrant shall be subject to adjustment from time to time as follows; provided , that no single event shall be subject to adjustment under more than one subsection of this Section 13 so as to result in duplication and the adjustment that has the highest value relative to the rights and interests of the Warrantholder shall be made; provided, further, that, notwithstanding any provision of this Warrant to the contrary, any adjustment shall be made to the extent (and only to the extent) that such adjustment would not cause or result in any Warrantholder and its Affiliates, collectively, being in violation of any applicable law, regulation or rule of any governmental authority or self-regulatory organization. Any adjustment (or portion thereof) prohibited pursuant to the foregoing proviso shall be postponed and implemented on the first date on which such implementation would not result in the condition described in such proviso.

assistant: Adjustments
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: follow the reasoning of the court of appeals and the Property Tax Administrator, and rule in favor of the taxpayer, Welby Gardens. For these reasons, I respectfully dissent from the Majority opinion. I am authorized to state that Chief Justice MULLARKEY and Justice HOBBS join in this dissent. 1 . Del Mesa Farms v. Hall, 98CA1611, slip op. at 4 (Colo.App. Aug. 12, 1999) (finding that eggs and replacement laying hens originate from the productive use of the land “in the sense that there were no replacement laying hens until Del Mesa Farms, through animal husbandry, raised them on the land, and no eggs until Del Mesa Farms, again through animal husbandly, created the environment on the land for them to be laid”); Del Mesa Farms v. Bacus, 99CA0527, slip op. at 5 (Colo.App. Feb. 24, 2000) Options: A. holding that even though the complaint sought money damages and land was actually recovered the attorneys lien attached to the land B. holding that animal husbandry operations were included in the definition of farm even if the animals do not touch the ground graze on the land or feed from crops grown on the land and holding that land used to support buildings used in the production of agricultural products is a productive use of the land C. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land D. holding where exempt organization was in possession of real property under land contract obligating organization to pay the purchase price and use land for exempt purpose the association was the owner of the land within the meaning of the statute E. holding that a cause of action for damages to property resulting from a permanent nuisance accrues to the owner of the land at the time the injury begins to affect the land and mere transfer of the land by deed does not transfer the claim for damages

assistant: The best answer is B. holding that animal husbandry operations were included in the definition of farm even if the animals do not touch the ground graze on the land or feed from crops grown on the land and holding that land used to support buildings used in the production of agricultural products is a productive use of the land
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: (1983)). 17 . Id. at 256 (quoting Berkemer v. McCarty, 468 U.S. 420, 442, 104 S.Ct. 3138, 82 L.Ed.2d 317 (1984)). 18 . See id. at 256 (“If a reasonable person would have thought he was free to leave, the Miranda inquiry is at an end. But if a reasonable person would not have thought himself free to leave, additional analysis is required because ... not every seizure constitutes cus tody for purposes of Miranda. The ultimate inquiiy is[,] was there a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest.”) (internal punctuation and citations omitted). 19 . Even when the officers told appellant she had committed a crime by destroying Mr. Ward's property, they made it plain that she was not under arrest. 20 . See, e.g. Hughes, 640 F.3d at 435-37 (<HOLDING>); United States v. Titemore, 437 F.3d 251, 260 Options: A. holding miranda inapplicable because defendant not in custody B. holding that a defendant who was told several times he was not under arrest and who never asked to leave during an interview with investigators was not in custody C. holding that defendant was not in miranda custody during knock and talk interview at his residence D. holding that defendant was not in custody during search of his residence E. holding testimony that defendant had no response to question during police interview was not impermissible comment on his constitutional right to remain silent where defendant had voluntarily waived his miranda rights

assistant: The best answer is C. holding that defendant was not in miranda custody during knock and talk interview at his residence
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: our logos and any other fitbit trademarks that may appear on the fitbit service , and the overall look and feel of the fitbit service , including page headers , graphics , icons , and scripts , may not be copied , imitated or used , in whole or in part , without our prior written permission .

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: This Agreement shall terminate on the earliest of (a) the date on which either Independent Nominee ceases to serve on, or withdraws its nomination from, the Board, or the Board fails to nominate either Independent Nominee to serve on the Board, (b) the day following the 2016 Annual Meeting and (c) June 18, 2016.

assistant: Terminations
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: 372 U.S. 522 83 S.Ct. 887 9 L.Ed.2d 965 James FIELDS et al.v.SOUTH CAROLINA. No. 399. Supreme Court of the United States March 18, 1963 Jack Greenberg, Constance Baker Motley, Matthew J. Perry and Lincoln C. Jenkins, Jr., for petitioners. Daniel R. McLeod, Atty. Gen. of South Carolina, Everett N. Brandon, Asst. Atty. Gen., and Julian S. Wolfe, for respondent. On Petition for Writ of Certiorari to the Supreme Court of South Carolina. PER CURIAM. 1 The petition for writ of certiorari is granted. The judgment of the Supreme Court of South Carolina is vacated and the case is remanded for consideration in light of Edwards v. South Carolina, 372 U.S. 229, 83 S.Ct. 680. 2 Mr. Justice CLARK dissents for the reasons expressed in his dissenting opinion in Edwards v. South Carolina, supra.

assistant: 3
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: negligence.” One such case was Esposito: While operating a Century Village “trolley” bus, Esposito struck and killed an elderly woman crossing in a pedestrian walkway. The victim, walking slowly with a four pronged cane, had stepped off the median and was struck by the center of the bus at about the halfway point in the crosswalk. There is evidence that Esposi-to had an unobstructed view with no distracting conditions_ Witnesses ... stated that the driver should have seen her crossing and had ample opportunity to stop. ... The crosswalk was ... heavily traveled. There is a pedestrian warning sign posted and pedestrians in the crosswalk have the right of way. The bus was in good working order. 642 So.2d at 26. Esposito’s conviction for vehicular homicide was reversed. See W.E.B. (<HOLDING>). But see Hamilton v. State, 439 So.2d 238 Options: A. holding that vehicular homicide involving criminal negligence is not a crime of violence under begay B. holding that under the particular facts alleged in the indictment vehicular homicide was a lesser offense included in the murder charge C. recognizing that dui manslaughter and vehicular homicide are two separate crimes neither being a lesser included offense of the other but holding that a single death cannot support convictions for both crimes D. holding that dwi manslaughter and vehicular homicide are different forms of the same offense E. holding that speeding defendant who after drinking beer drove onto shoulder overcorreeted and caused fatal collision in oncoming drivers lane was not guilty of vehicular homicide

assistant: The best answer is E. holding that speeding defendant who after drinking beer drove onto shoulder overcorreeted and caused fatal collision in oncoming drivers lane was not guilty of vehicular homicide
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease shall be interpreted, construed, applied, and enforced in accordance with the laws of the State of New York; provided, that the provisions for the enforcement of Landlord’s rights and remedies hereunder shall be governed by the laws of each of the respective jurisdictions where the Leased Property is located to the extent necessary for the validity and enforcement thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement which may be prohibited by law, or otherwise held invalid by a court of competent jurisdiction, shall be ineffective only to the extent of such prohibition or invalidity and shall not invalidate or otherwise render ineffective the remaining provisions 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 legal provision and list the applicable contract clause categories. Provision: This Note, and any claims arising out of relating to this Note, whether in contract or tort, statutory or common law, shall be governed exclusively by, and construed in accordance with the laws of the State of New York without regard to principles of conflicts of laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 674 F.3d 1104, 1111 (9th Cir.2012) (“Even when the evidence is susceptible to more than one rational interpretation, we must uphold the ALJ’s findings if they are supported by inferences reasonably drawn from the record.”). Sadeeq next contends that the ALJ erred by discounting his testimony and the written testimony of his wife regarding the debilitating effect of his heart condition and leg pain. The ALJ provided specific, clear and convincing reasons to discount Sadeeq’s testimony and the written statements of Sadeeq’s wife regarding the intensity, persistence and limiting effects of Sadeeq’s symptoms. First, the ALJ properly found that Sa-deeq’s assertion of debilitating limitations was undermined by the medical evidence. See Chaudhry v. Astrue, 688 F.3d 661, 670-71 (9th Cir.2012) (<HOLDING>). Second, the ALJ was permitted to consider Options: A. holding that alj properly evaluated credibility where he cited specific instances where claimants complaints about pain and other subjective symptoms were inconsistent with the objective medical evidence of record B. holding that the alj properly discounted a claimants testimony about the extent of his pain and limitations based on his ability to travel C. holding that the alj properly relied on medical evidence undermining claimants subjective assessment of limitations D. holding that evidence relied on by alj was insufficient to undermine pain allegations where medical records were replete with claimants reports of pain and of prescriptions E. holding that an alj is entitled to make a credibility determination regarding the claimants subjective complaints after specifically addressing these complaints and reviewing the medical evidence in the record

assistant: The best answer is C. holding that the alj properly relied on medical evidence undermining claimants subjective assessment of limitations
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 legal relations between the parties shall be subject to and governed by the internal laws (and not the law of conflicts) of the State of Michigan, with venue and jurisdiction limited to the Circuit Court for Kent County, Michigan.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 4.14 sets forth a true, correct and complete list of the Contracts and arrangements that are in existence as of the date of this Agreement under which there are any existing or future Liabilities or obligations between the Purchaser and any (a) present or former director, officer or employee or Affiliate of the Purchaser, or any family member of any of the foregoing, or (ii) record or beneficial owner of more than five percent (5%) of the Purchaser’s outstanding Purchaser Ordinary Shares as of the date hereof.

assistant: Transactions With Affiliates
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: component, an inmate must show that prison officials had ‘a sufficiently culpable state of mind.’” Brown v. Bargery, 207 F.3d 863, 867 (6th Cir.2000) (quoting Farmer, 511 U.S. at 834, 114 S.Ct. 1970). “Deliberate indifference entails something more than mere negligence, but can be satisfied by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result.” Blackmore, 390 F.3d at 895-96 (internal quotation marks and citations omitted). “[A]cting or failing to act with deliberate indifference to a substantial risk of serious harm to a prisoner is the equivalent of recklessly disregarding that risk.” Farmer, 511 U.S. at 836, 114 S.Ct. 1970. Put simply, the deliberate indifference standard's subjective component requires a plaintiff 0) (<HOLDING>). A number of cases involve the failure to Options: A. holding that prescription delay was not violation because plaintiff could not establish detrimental effect of delay in treatment B. recognizing rule 48b allows courts to dismiss cases for prosecutorial delay even though the delay does not amount to a constitutional violation C. holding that a twoday delay was insufficient to establish deliberate indifference and citing cases where no deliberate indifference was found after a sixteenday delay a sixday delay and a threemonth delay D. holding that twoyear delay was not reasonable E. holding that delay in prescription was not eighth amendment violation because delay was inadvertent and quickly rectified

assistant: The best answer is A. holding that prescription delay was not violation because plaintiff could not establish detrimental effect of delay in treatment
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 Employee breaches any covenant set forth in Section 2 or Section 3 hereof, the term of such covenant shall be extended by the period of the duration of such breach. The covenants contained in Section 2 hereof shall be construed as a series of separate covenants, one for each country, province, state, city or other political subdivision of the Restricted Territory. Except for geographic coverage, each such separate covenant shall be deemed identical in terms to the covenant contained in Section 2 hereof. If, in any judicial proceeding, a court refuses to enforce any of such separate covenants (or any part thereof), Parent and Employee agree that such unenforceable covenant (or such part) shall be eliminated from this Agreement to the extent necessary to permit the remaining separate covenants (or portions thereof) to be enforced. If the provisions of Section 2 or Section 3 are deemed to exceed the time, geographic or scope limitations permitted by applicable law, Parent and Employee agree that such provisions shall be reformed to the maximum time, geographic or scope limitations, as the case may be, permitted by applicable law.

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: Each Agent and each Lender agrees (on behalf of itself and each of its affiliates, directors, officers, employees and representatives) to use reasonable precautions to keep confidential, in accordance with its customary procedures for handling confidential information of this nature and in accordance with safe and sound practices of comparable commercial finance companies, any non-public information supplied to it by the Loan Parties pursuant to this Agreement or the other Loan Documents which is identified in writing by the Loan Parties as being confidential at the time the same is delivered to such Person (and which at the time is not, and does not thereafter become, publicly available or available to such Person from another source not known to be subject to a confidentiality obligation to such Person not to disclose such information), provided that nothing herein shall limit the disclosure by any Agent or any Lender of any such information (i) to its Affiliates and to its and its Affiliates' respective equityholders (including, without limitation, partners), directors, officers, employees, agents, trustees, counsel, advisors and representatives (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such information and instructed to keep such information confidential in accordance with this Section 12.19); (ii) to any other party hereto; (iii) to any assignee or participant (or prospective assignee or participant) or any party to a Securitization so long as such assignee or participant (or prospective assignee or participant) or party to a Securitization first agrees, in writing, to be bound by confidentiality provisions similar in substance to this Section 12.19; (iv) to the extent required by any Requirement of Law or judicial process or as otherwise requested by any Governmental Authority; (v) to the National Association of Insurance Commissioners or any similar organization, any examiner, auditor or accountant or any nationally recognized rating agency or otherwise to the extent consisting of general portfolio information that does not identify Loan Parties; (vi) in connection with any litigation to which any Agent or any Lender is a party; (vii) in connection with the exercise of any remedies hereunder or under any other Loan Document or any action or proceeding relating to this Agreement or any other Loan Document or the enforcement of rights hereunder or thereunder; or (viii) with the consent of the Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrower shall be made without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrower hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the Administrative Agent’s Office in Dollars and in immediately available funds not later than 1:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. If and to the extent the Administrative Agent shall not make such payments to a Lender when due as set forth in the preceding sentence, then such unpaid amounts shall accrue interest, payable by the Administrative Agent, at the Federal Funds Rate from the due date until (but not including) the date on which the Administrative Agent makes such payments to such Lender. All payments received by the Administrative Agent after 1:00 p.m. shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrower shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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: Any notice, demand or request required or permitted to be given under this Agreement shall be in writing and shall be deemed sufficient when delivered personally or sent by telegram or forty-eight (48) hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, and addressed to the party to be notified at such party’s address as set forth below or as subsequently modified by written notice.

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: The Company shall reimburse the Lead Investor (a Buyer) or its designee(s) for all reasonable and documented costs and expenses not to exceed $300,000 incurred in connection with the transactions contemplated by the Transaction Documents (including all reasonable and documented legal fees and disbursements in connection therewith, documentation and implementation of the transactions contemplated by the Transaction Documents and due diligence in connection therewith), which amount may be withheld by the Lead Investor from its Purchase Price at the Closing to the extent not previously reimbursed by the Company. The Company shall be responsible for the payment of any placement agent’s fees, financial advisory fees, or broker’s commissions (other than for Persons engaged by any Buyer) relating to or arising out of the transactions contemplated hereby, including, without limitation, any fees or commissions payable to the Placement Agent. The Company shall pay, and hold each Buyer harmless against, any liability, loss or expense (including, without limitation, reasonable attorney’s fees and out-of-pocket expenses) arising in connection with any claim relating to any such payment. Except as otherwise set forth in the Transaction Documents, each party to this Agreement shall bear its own expenses in connection with the sale of the Securities to the Buyers.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this point, we need not decide whether "manifest necessity” would have permitted the trial court to declare a mistrial without a motion by the defense. But see United States v. Burgess, No. 89-2391, 1991 U.S.App. Lexis 8491, at *10 (6th Cir. Apr. 29, 1991) (concluding that a defendant’s double jeopardy rights were not violated when the second mistrial was the result of his incompetence to stand trial); Mays v. Smith, No. 06C0486, 2007 WL 2257572 at *3, 2007 U.S. Dist. Lexis 56978, at *9 (E.D.Wis. Aug. 3, 2007) (citing Hamm v. Jabe, supra note 2, 706 F.2d at 767-68) (stating that "where there is a question as to a defendant’s competency and the defendant has behaved violently, a judge’s decision to declare a mistrial will be upheld”); State v. Standing Soldier, 299 N.W.2d 568 (S.D.1980) Options: A. holding that defendant waived double jeopardy claim by obtaining severance of charges at first trial B. holding the statutory burden is on the defendant to prove he is incompetent to stand trial C. holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial when defendant was not consulted or present D. holding that if defendant moved for or consented to mistrial retrial of defendant was not barred on double jeopardy grounds E. holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial after defendant was found incompetent to stand trial in the midst of trial

assistant: The best answer is E. holding that defense counsel validly waived a double jeopardy claim by assenting to a mistrial after defendant was found incompetent to stand trial in the midst of trial
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: intended to require the People to prove use of force, intimidation, or abuse of a position of authority to sustain a conviction pursuant to section 1700a. See Knight, 989 F.2d at 626; People v. Skinner, 704 P.2d 752, 758 (Cal. 1985). C. The Errors in this Case Justify Overturning Gilbert’s Conviction Because L.M. was seventeen years-old at the time of the incident, the People, consistent with the intent of the Legislature, were required to prove that Gilbert used force, intimidation, or his position of authority to coerce L.M. to have intercourse with him in order to sustain a conviction for aggravated rape in the second degree. However, the People’s information did not allege such an element. See Hamling v. United States, 418 U.S. 87, 117, 94 S. Ct. 2887, 41 L. Ed. 2d 590 (1974) (<HOLDING>) Furthermore, the trial court’s jury Options: A. holding that the information must set forth each element of the crime that it charges as well as fairly inform a defendant of the charge against which he must defend B. recognizing that an indictment must contain the elements of the offense charged fairly inform a defendant of the charge and enable the defendant to plead double jeopardy as a defense in a future prosecution for the same offense C. holding that each element required under the act must be included in the written notice and each element must be sufficiently clear and accurate D. holding that a fraudulent transfer complaint need only set forth the facts with sufficient particularity to apprise the defendant fairly of the charges made against him E. holding that a district judge must inform the defendant of each and every right set out in rule 11

assistant: The best answer is A. holding that the information must set forth each element of the crime that it charges as well as fairly inform a defendant of the charge against which he must defend
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: Landlord shall carry, at Landlord’s expense, first party commercial property insurance on the Leased Property. Tenant is solely responsible for carrying adequate insurance on all Tenant’s personal property including, but not limited to, equipment, furniture, scientific devices, supplies, personal items, or other items installed and belonging to Tenant and located within the Leased Property, in addition to the insurance described in Section 21 of this lease.

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: In consideration of the amendments contained herein, the Borrower hereby waives and releases each of the Lenders, the Agent and the Issuing Bank from any and all claims and defenses, known or unknown as of the date hereof and as of the First Amendment Effective Date, with respect to the Credit Agreement and the other Credit Documents and the transactions contemplated thereby.

assistant: Releases
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 governmental and third party approvals necessary in connection with the financing contemplated hereby and the continuing operations of the Borrowers and their Subsidiaries (including shareholder approvals, if any) shall have been obtained on terms satisfactory to Administrative Agent and shall be in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that it can be restored, as when a house suffers smoke and water damage in a fire, the tort-feasor is liable for the costs of restoring the property to its former condition, up to the total value of the property. Applying these rules to fire-damaged trees is problematic. Is it the loss of the tree that is permanent, or the loss to the real estate? A tree that has burned and is dead is permanently destroyed, but the land on which the tree was located can be restored, either immediately by bringing in a fully grown tree or by planting a sapling. The question of “permanent” versus “temporary” damage is ultimately less helpful than the question of how the trees were used and their intrinsic value to the property. See, e.g., Mosteller v. Naiman, 416 N.J. Super. 632, 638, 7 A.3d 803 (2010) (<HOLDING>). One legal encyclopedia explains the use-value Options: A. recognizing that quantifying damages for trees is a complex subject that depends upon the evidence in the particular case B. holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality C. recognizing that moving to the second stage of the saucier analysis is appropriate when the existence of a constitutional violation depends upon the resolution of uncertain state law D. holding that the question whether section 3553b permits departure in some particular case is subject to plenary review E. holding that the denial of due process in a particular case is subject to harmless error analysis

assistant: The best answer is A. recognizing that quantifying damages for trees is a complex subject that depends upon the evidence in the particular case
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: carries a firearm, shall, in addition to the punishment provided for such crime or violence or drug trafficking crime, be sentenced to imprisonment for five years. 3 . Section 922(k) provides in relevant part: It shall be unlawful for any person ... to possess or receive any firearm which has had the importer's or manufacturer's serial number removed, obliterated, or altered and has, at any time, been shipped or transported in interstate or foreign commerce. 4 . We note additionally that even if the gun was first discovered at the scene of the arrest, the evidence in the record before us shows that a search of the glove compartment incident to defendant’s arrest would have been lawful. See New York v. Belton, 453 U.S. 454, 460-61 & n. 4, 101 S.Ct. 2860, 2864-65 & n. 4, 69 L.Ed.2d 768 (<HOLDING>). Moreover, given that defendant concedes the Options: A. holding police incident to arrest of occupant of automobile may search entire passenger compartment of vehicle B. holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle C. holding when a policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest search the passenger compartment of that automobile D. recognizing that permissive search of car compartment incident to arrest is based on the fact that compartment is within reach of the arrestee E. holding that after policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest examine the contents of any containers including glove compartments found within the passenger compartment

assistant: The best answer is E. holding that after policeman has made a lawful custodial arrest of the occupant of an automobile he may as a contemporaneous incident of that arrest examine the contents of any containers including glove compartments found within the passenger compartment
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 representations, warranties, covenants, and obligations in this Agreement shall survive one year after the Closing. The right to indemnification, payment of damages or other remedy based on such representations, warranties, covenants, and obligations will not be affected by any investigation conducted with respect to, or any knowledge acquired (or capable of being acquired) at any time, whether before or after the execution and delivery of this Agreement, with respect to the accuracy or inaccuracy of or compliance with, any such representation, warranty, covenant, or obligation. The waiver of any condition based on the accuracy of any representation or warranty, or on the performance of or compliance with any covenant or obligation, will not affect the right to indemnification, payment of damages, or other remedy based on such representations, warranties, covenants, and obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (together with the attached indemnity provisions), including, without limitation, the construction and interpretation of thereof and all claims, controversies and disputes arising under or relating thereto, shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflict of law that would defer to the laws of another jurisdiction. The Company and A&M agree to waive trial by jury in any action, proceeding or counterclaim brought by or on behalf of the parties hereto with respect to any matter relating to or arising out of the engagement or the performance or non-performance of A&M hereunder. The Company and A&M agree, to the extent permitted by applicable law, that any Federal Court sitting within the Southern District of New York shall have exclusive jurisdiction over any litigation arising out of this Agreement; to submit to the personal jurisdiction of the Courts of the United States District Court for the Southern District of New York; and to waive any and all personal rights under the law of any jurisdiction to object on any basis (including, without limitation, inconvenience of forum) to jurisdiction or venue within the State of New York for any litigation arising in connection with this Agreement.

assistant: Miscellaneous