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: Luka testified that the trooper’s investigative report indeed reflected that law enforcement officers had unsuccessfully tried to find Coleman before trial. Moreover, Reed asserted at the hearing that he sent his friends to look for Coleman, who lived two streets over from him, but none was able to locate the potential witness. Finally, Coleman himself testified that when he first heard his name was raised in the case, he did not want to get involved. He explained, “I was like they need to keep me out of it.” Because the record amply supports the determination that Coleman was unavailable, we are hard-pressed to find that the outcome of Reed’s trial would have been different had Luka investigated Coleman. See Elledge v. Dugger, 823 F.2d 1439, 1446 (11th Cir.1987) (per curiam) (<HOLDING>), mod. on other grounds and reh. en banc den., Options: A. holding that an expert is not competent to testify as to statutory interpretation B. holding that for a habeas petitioner to prove that he was prejudiced by counsels failure to investigate and to produce a certain type of expert witness he must demonstrate a reasonable likelihood that an ordinarily competent attorney conducting a reasonable investigation would have found an expert similar to the one eventually produced C. holding that a habeas petitioner must show that counsels errors actually prejudiced him D. holding that appellant who filed a 2255 motion but produced no affidavit from the witness in question or any other independent support for his claim failed to show prejudice because he offered only speculation that he was prejudiced by his counsels failure to interview the witness which was not enough to undermine confidence in the outcome of the trial as required by strickland E. holding that counsels failure to call an expert rebuttal witness does not constitute ineffectiveness the pcra petitioner must demonstrate that an expert witness was available who would have offered testimony designed to advance his cause

assistant: The best answer is B. holding that for a habeas petitioner to prove that he was prejudiced by counsels failure to investigate and to produce a certain type of expert witness he must demonstrate a reasonable likelihood that an ordinarily competent attorney conducting a reasonable investigation would have found an expert similar to the one eventually produced
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 receipt or delivery by the Company of any notice in accordance with the terms of this Note, unless the Company has in good faith determined that the matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries, the Company shall within one (1) Business Day or such receipt or prior to (or simultaneous with) such delivery, as applicable, publicly disclose such material, non-public information on a Current Report on Form 8-K or otherwise. In the event that the Company believes that a notice contains material, non-public information relating to the Company or any of its Subsidiaries, the Company so shall indicate to the Holder contemporaneously with delivery of such notice, and in the absence of any such indication, the Holder shall be allowed to presume that all matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries. If the Company or any of its Subsidiaries provides material non-public information to the Holder that is not simultaneously filed in a Current Report on Form 8-K and the Holder has not agreed to receive such material non-public information, the Company hereby covenants and agrees that the Holder shall not have any duty of confidentiality to the Company, any of its Subsidiaries or any of their respective officers, directors, employees, affiliates or agents with respect to, or a duty to any of the foregoing not to trade on the basis of, such material non-public information. Nothing contained in this Section 32 shall limit any obligations of the Company, or any rights of the Holder, under Section 4(i) of the Securities Purchase Agreement.

assistant: Disclosures
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: sought judicial review. After a hearing, the district court entered an order on October 14,2014, affirming the decision .of the commissioner. Evenson appealed and we retained the appeal. II. Standard of Review. The first issue in this case asks us to engage in statutory interpretation to determine whether an employer’s contribution to an employee’s 401k plan is included in the calculation of weekly benefits. We review the commissioner’s interpretation of Iowa Code chapter 85 for errors at law. Iowa Code § 17A.19(10)(c) (2011); see Iowa Ins. Inst v, Core Grp. of Iowa Ass’n for Justice, 867 N.W.2d 58, 65 (Iowa 2015). We have declined to give deference to the commissioner’s interpretation of various provisions included in chapter 86. Waldinger Corp. v. Mettler, 817 N,W.2d 1, 7 (Iowa 2012) (<HOLDING>); Neal v. Annett Holdings, Inc., 814 N.W.2d Options: A. holding that arbitrator had authority to choose between suspension and termination where the authority was vested in the company to suspend andor discharge B. holding that the commissioner of the department of pensions and security had statutory authority to reassign state employees to the county level C. holding that the commissioner was not vested with interpretive authority for section 85341 D. holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute E. holding that the commissioner did not have the authority to interpret the phrase suitable work under section 85333

assistant: The best answer is C. holding that the commissioner was not vested with interpretive authority for section 85341
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 2. The Receiving Party agrees that; (b) it will not distribute, disclose or disseminate Information to any third Party without the prior consent of the Disclosing Party, and will only distribute, disclose or disseminate Information to its directors, officers, employees consultants, advisors, potential sources of financing or other representatives with a need to know such information for purposes of discussing and evaluating the Transaction and who are informed by such Receiving Party of the confidential nature of the Information;

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 case excerpt and choose the best holding from the options. Case excerpt: as to preclude presentation of the merits of the case should not be assessed absent a party’s flagrant bad faith or counsel’s callous disregard for the responsibilities of discovery under the rules.” Id. (emphasis added). Furthermore, in Spevack v. Klein, 385 U.S. 511, 515, 87 S.Ct. 625, 628, 17 L.Ed.2d 574 (1967), the United States Supreme Court determined that a penalty may be anything that makes the assertion of a constitutional right costly. If used properly, the privilege against self-incrimination is not a proper basis for a death-penalty sanction. The Texas Supreme Court has had occasion to revisit TransAmerican, and continues to insist that death-penalty sanctions are inappropriate absent a finding of bad faith. See Otis Elevator Co. v. Parmelee, 850 S.W.2d 179, 181 (Tex.1993) (<HOLDING>); Remington Arms Co., Inc. v. Caldwell, 850 Options: A. holding that without a demonstration of bad faith on the part of the attorney in question sanctions pursuant to this statute are inappropriate B. holding deathpenalty sanctions inappropriate where party inadvertently failed to comply with courts order and nothing in the record even approaches the flagrant bad faith or abuse necessary for the imposition of such sanctions C. holding that where party had reasonable grounds to believe conduct was in compliance with the district courts order imposition of sanctions was not warranted and constituted an abuse of discretion D. holding deathpenalty sanctions inappropriate where plaintiff refused to name coworkers who used drugs and was late in answering interrogatories because of attorneys illness because there was no indication of bad faith E. holding that the imposition of sanctions is reviewed for abuse of discretion

assistant: The best answer is B. holding deathpenalty sanctions inappropriate where party inadvertently failed to comply with courts order and nothing in the record even approaches the flagrant bad faith or abuse necessary for the imposition of such sanctions
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: virtual items do not incur fees for non-use , however , the license granted to you in virtual items will terminate in accordance with the terms of this agreement , when tinder ceases providing the service or your account is otherwise closed or terminated .

assistant: Content removal
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 Holder hereby waives, (a) with the intention that upon the satisfaction of the requirements of Section 10 of the Registration Rights Agreement such waiver will be binding for all Other Holders, (i) any breach of the Registration Rights Agreement prior to the date hereof under Section 2(a) of the Registration Rights Agreement for the Company’s failure to file the Initial Registration Statement (as defined in the Registration Rights Agreement) by the Initial Filing Deadline, prior to this Amendment Agreement and (ii) the Holder’s right to Registration Delay Payments (as defined under the Registration Rights Agreement) prior to the date hereof for the Company’s failure to file the Initial Registration Statement (as defined in the Registration Rights Agreement) by the Initial Filing Deadline, prior to this Amendment Agreement, and (b) with the intention that upon the satisfaction of the requirements of Section 19 of the Notes such waiver will be binding for all Other Holders, any Event of Default (as defined in the Notes) under Section 4(a)(i) thereof for the Company’s failure to file the Initial Registration Statement (as defined in the Registration Rights Agreement) by the Initial Filing Deadline, prior to this Amendment Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to progress under the program may result in further disciplinary action and even separation from the United States Air Force.” R. 388. 11 . Section X491(a)(2) of title 28, United States Code, provides, in pertinent part: To provide an entire remedy and to complete the relief afforded by the judgment, the court may, as an incident of and collateral to any such judgment, issue orders directing restoration to office or position, placement in appropriate duty or retirement status, and correction of applicable records, and such orders may be issued to any appropriate official of the United States. (Emphasis added). 12 . Although this court generally lacks jurisdiction to grant declaratory and injunctive relief, we note that 28 U.S.C. § 1491(a)(2), ma 1336, 1340, 6 L.Ed.2d 313 (1961) (<HOLDING>). 17 . There is some doubt about whether Options: A. holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government B. holding that statements by an american consular officer that petitioners mother could not return to the united states because of her pregnant condition did not constitute affirmative misconduct sufficient to estop the government from relying on petitioners foreign birth to deny citizenship C. holding that erroneous oral advice did not constitute the type of affirmative misconduct that would be sufficient to estop the government from relying on a valid regulation requiring that certain social security benefit applications be in writing D. holding that attorneys admission to an element of the offense in the petitioners presence at a deportation hearing was binding on the petitioners E. holding that a ceremonial marriage performed under the laws of a foreign power by a foreign consular officer on united states territory was invalid because it did not comply with the laws of new york state

assistant: The best answer is B. holding that statements by an american consular officer that petitioners mother could not return to the united states because of her pregnant condition did not constitute affirmative misconduct sufficient to estop the government from relying on petitioners foreign birth to deny citizenship
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: due process,’ ” controls the inquiry. For example, in this case, plaintiff alleges that defendants violated her substantive due process rights by “entering [her] real property under the unsupportable claim of ‘emergency’ ” and that “plaintiff has a clear individual entitlement and constitutionally protected interest in her residence, including the ‘full bundle’ of property rights, *** and no such cause for removal thereof has been demonstrated.” Illegal entries are governed by the fourth amendment, and deprivations of property rights fall under the takings clause of the fifth amendment. U.S. Const., amends. IV V XIV Hence, such allegations cannot properly support plaintiffs substantive due process claim. See, eg., Presley v. City of Charlottesville, 464 F.3d 480, 491 (4th Cir. 2006) (<HOLDING>). As for her substantive due process claim, it Options: A. holding that the plaintiffs claim that city encouraged private individuals to trespass on the plaintiffs land was properly a fourth amendment rather than a substantive due process claim B. recognizing 1983 substantive due process claim C. holding that the plaintiffs fourteenth amendment substantive due process claim was foreclosed because the fourth amendment provided protection for their claim that law enforcement officers participated in an unlawful seizure of their mobile home D. recognizing a plaintiffs 1988 claim predicated on an alleged violation of his substantive due process rights E. holding that when a prisoners deliberate indifference claim is covered by the eighth amendment the substantive due process claims are duplicative and thus the substantive due process claims should be dismissed

assistant: The best answer is A. holding that the plaintiffs claim that city encouraged private individuals to trespass on the plaintiffs land was properly a fourth amendment rather than a substantive due process claim
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: ineffective assistance, see McMann v. Richardson, 397 U.S. 759, 770, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970); Doganiere v. United States, 914 F.2d 165, 168 (9th Cir.1990), “the gross mischaracterization of the likely outcome [of the plea], combined with the erroneous advice on the possible effect of going to trial, falls below the level of competence required of defense attorneys.” See Iaea v. Sunn, 800 F.2d 861, 865 (9th Cir.1986) and Chacon v. Wood, 36 F.3d 1459, 1464 (9th Cir.1994), overruled on other grounds by statute, 28 U.S.C. § 2253(c). Likewise, “counsel’s misrepresentations as to what [a defendant’s] sentence in fact would be” may render a defendant’s plea involuntary. Chizen v. Hunter, 809 F.2d 560, 562 (9th Cir.1986); Mayes v. Pickett, 537 F.2d 1080, 1083-84 (9th Cir.1976) (<HOLDING>) In this case, during the post-conviction Options: A. recognizing a presumption that a plea of guilty is final and binding if the plea was made during a properly conducted hearing pursuant to rule 11 of the federal rules of criminal procedure B. holding that even an exemplary rule 11 record in a federal plea proceeding was inadequate to determine the appellants claims of involuntariness where he asserted that his attorney made promises regarding his sentence C. holding that promises made in a plea agreement could violate 18 usc 201c D. holding that defendant received requisite notice under rule 11 where inter alia he acknowledged at plea hearing that he had read the information understood it and discussed it with his attorney E. holding that appellant forfeited his complaint regarding his sentence because he did not object at trial

assistant: The best answer is B. holding that even an exemplary rule 11 record in a federal plea proceeding was inadequate to determine the appellants claims of involuntariness where he asserted that his attorney made promises regarding his sentence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (ruling that a city’s fireworks ordinance does not violate the Due Process Clause of the federal Constitution because the statute was a reasonable means for attaining the legitimate end of preventing the proliferation of fireworks outlets that, if allowed, would impose unacceptable burdens on the police department in regulating such businesses and protecting the public welfare); South Dakota Dep’t of Pub. Safety ex rel. Melgaard v. Haddenham, 339 N.W.2d 786, 790 (S.D.1983) (noting that the power of the government to regulate and restrain the use of fireworks does not represent an invalid exercise of the state’s police power and does not amount to a taking of property without just compensation); B & B Distrib. Co. v. Metropolitan Nashville, 667 S.W.2d 751, 753 (Tenn. Ct. App.1983) (<HOLDING>); see also City of Akron v. Budiani, 52 Ohio Options: A. holding that purchase of search terms is a use in commerce B. holding because legislature knew how to include terms within statutory definition and did not do so statutory definition did not include terms in light of the terms contemporaneous inclusion of the same terms in a separate provision C. holding unconstitutionally broad a statute prohibiting the use of opprobrious language toward or with reference to any member of the city police while in the actual performance of his duty D. holding that the inclusion of the terms use and possess in a state law prohibiting the possession storage use manufacture or sale of fireworks in counties exceeding a certain population do not render the states exercise of police power unduly oppressive or unconstitutional E. holding the exclusivity element is satisfied by showing that others do not jointly possess or use the land

assistant: The best answer is D. holding that the inclusion of the terms use and possess in a state law prohibiting the possession storage use manufacture or sale of fireworks in counties exceeding a certain population do not render the states exercise of police power unduly oppressive or unconstitutional
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: order indicates the trial judge considered only (1) Wingate’s later role as the attorney for Spence’s estate, and (2) the fact that Wingate did not represent Wife individually at the time of Spence’s death. The trial judge did not mention Wife’s alternative theory of liability that, as a former client of Respondents, she had a continuing fiduciary relationship with them that would not be affected by section 62-1-109. There is nothing in the appealed order suggesting the trial judge determined this statute absolved Wingate of all responsibilities to Wife regardless of when or how they arose. Absent an explicit ruling on the argument Wife advances in her appeal, we cannot disturb the trial judge’s decision. See Shealy v. Aiken County, 341 S.C. 448, 460, 535 S.E.2d 438, 444-45 (2000) (<HOLDING>); Van Blarcum v. City of N. Myrtle Beach, 337 Options: A. holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review B. holding party must make timely and specific objection at trial to preserve issue for appellate review C. holding that to preserve an issue for appellate review the specific legal argument or ground upon which it is based must be presented to the trial court D. recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review E. holding a contemporaneous objection is required to preserve an issue for appellate review

assistant: The best answer is A. holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the claimed design by stating, “the broken lines showing the door pull are for illustrative purposes only and form no part of the claimed design.” Similarly, the patentee could have shown the rear features in broken lines to comply with § 1.152 while excluding those features from the claimed design. Rather than doing so, the paten-tee included the rear features in the claimed design. In addition, the rear features are not generally concealed. After the door has been installed, the rear features may be temporarily hidden from view when the door is closed. The rear features are visible, however, before the door is installed and when the door is open during use. Accordingly, the rear features are not “hidden” and their appearance is a “matter of concern.” See KeyStone, 997 F.2d at 1451 (<HOLDING>). Finally, the rear features are not Options: A. recognizing that exempt property ceases to be property of the estate B. holding that if there is only one construction that will permit all parts of the deed to be given effect it should be followed C. holding that actual posses sion requires some visible means which gives notice of exclusion from the property to the true owner or to the public and of the adverse claimants dominion over it D. holding that there is no hidden portion of a patented block even though it ceases to be visible as a block when incorporated in a wall because as a block all parts of it are visible E. holding that the use of visible shackles is prohibited unless that use is justified by an essential state interest such as the interest in courtroom security specific to the defendant on trial

assistant: The best answer is D. holding that there is no hidden portion of a patented block even though it ceases to be visible as a block when incorporated in a wall because as a block all parts of it are visible
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: During and after the Executive’s employment, the Executive shall cooperate fully with the Company at the Company’s expense in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while the Executive was employed by the Company. The Executive’s full cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. During and after the Executive’s employment, the Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while the Executive was employed by the Company. The Company shall reimburse the Executive for any reasonable out-of-pocket expenses incurred in connection with the Executive’s performance of obligations pursuant to this Section 11. This Section 11 shall survive the termination of this Agreement for any reason.

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: This Amendment may be executed in one or more counterparts, including by facsimile or by e-mail delivery of a “.pdf” format data file, all of which shall be considered one and the same agreement, and shall become effective when one or more such counterparts have been signed by each of the Parties and delivered to the other Party.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: links to such websites or resources do not imply any endorsement by academia.edu of such websites or resources or the content , products , or services available from such websites or resources .

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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi) )) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, (x) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 8.03 ), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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: The Company shall maintain, and shall cause each Specified Subsidiary to maintain, with financially sound and reputable independent insurers (except to the extent that any insurance company insuring the properties of the Company and each Subsidiary ceases to be financially sound and reputable after the Effective Date, in which case, the Company shall promptly replace such insurance company with a financially sound and reputable insurance company), insurance with respect to its properties and business against loss or damage of the kinds customarily insured against by Persons engaged in the same or similar business, of such types and in such amounts as are customarily carried under similar circumstances by such other Persons; provided that the Company and its Specified Subsidiaries may self-insure against such risks and in such amounts customary in the industry of the Company and its Specified Subsidiaries.

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 case excerpt and choose the best holding from the options. Case excerpt: another department and had previously received ratings of "3” and "4 ". Bob Laird, who was also already a supervisor when he was transferred to be special services department supervisor had consistently received “4” ratings. Chris Scafidi, a Caucasian male who has held the position since August 1994 had received only "3” and "4" ratings and had two years experience working at the special services desk. (Home Depot’s Statement of Undisputed Material Facts at pp. 7-9; Teixeira Aff. at ¶¶ 20-25). 9 . Courts have commonly applied the same standard of liability for employment discrimination cases alleging Title VII and Section 1981 violations because the elements of each are the same. New York City Transit Authority v. Beazer, 440 U.S. 568, 583, 99 S.Ct. 1355, 1364-65, 59 L.Ed.2d 587 (1979) (<HOLDING>); Lincoln v. Board of Regents, 697 F.2d 928 Options: A. holding that title vii precludes a claim under section 1981 for racial discrimination against a federal employee B. holding that section 1981 afford no greater substantive protection than title vii C. holding that plaintiffs claims under 42 usc 1981 are also governed by the special venue provision of title vii D. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii E. holding that there is no individual liability under title vii

assistant: The best answer is B. holding that section 1981 afford no greater substantive protection than title vii
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 not be terminated by either party prior to (A) the termination of the Securities Purchase Agreement or (B) the closing of the transactions contemplated by the Securities Purchase Agreement. Either party may terminate this Agreement after written notice to the other party upon the occurrence of either event provided in the previous sentence.

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: Each party agrees to obtain all insurance coverage that is required by Applicable Law in connection with the provision or use of the Services . Without limiting the foregoing, CDS agrees to obtain and maintain throughout the term of this Agreement: (a) insurance on its property for the replacement value of such property and to retain general liability insurance (including broad form contractual insurance), each in an amount not less than $ [****] per occurrence and $ [****] in the aggregate; (b) excess liability insurance in an amount not less than $ [****] per occurrence or in the aggregate; (c) fidelity/crime insurance in an amount not less than $ [****] per occurrence and $ [****] in the aggregate; (d) errors and omissions insurance in an amount not less than $ [****] per occurrence and $ [****] in the aggregate; and (e) data breach and privacy insurance in an amount not less than $ [****] per occurrence and $ [****] in the aggregate . The insurers for such insurance shall have an A.M. Best rating of A- or better or, if such ratings are no longer available, with a comparable rating from a recognized insurance rating agency . CDS shall furnish Customer, prior to commencing the Services under this Agreement and at any time upon Customer’s request, with certificate(s) of insurance (in form and substance reasonably satisfactory to Customer) evidencing such coverage and CDS shall notify Customer at least 30 days prior to any cancellation or material change in coverage . Upon any cancellation of any insurance required hereby, and prior to the effective date thereof, CDS shall provide Customer with certificate(s) regarding any replacement insurance . The property, general liability, excess liability policies to be obtained and maintained hereunder shall be endorsed to provide that such policies provide primary coverage on all claims arising from or in connection with the Services performed for or on behalf of Customer.

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: Each Borrower and each of their Restricted Subsidiaries have timely filed or caused to be filed all Tax returns and reports required to have been filed and has paid or caused to be paid all Taxes required to have been paid by it that are due and payable, except (a) Taxes (or any requirement to file Tax returns with respect thereto) that are being contested in good faith by appropriate proceedings and for which the applicable Borrower or such Restricted Subsidiary, as applicable, has set aside on its books adequate reserves in accordance with GAAP or (b) to the extent that the failure to pay Taxes or file Tax returns would not reasonably be expected to result in a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: No Loan Party or any of its Subsidiaries is in violation of (i) any of its Governing Documents, (ii) any material Requirement of Law, or (iii) any term of any Contractual Obligation (including, without limitation, any Material Contract) binding on or otherwise affecting it or any of its properties, except, in the case of this clause (iii), where the failure to so comply could not reasonably be expected to have a Material Adverse Effect, and no default or event of default has occurred and is continuing thereunder.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( ii ) where available , an emergency call made using the internet communications software in an enabled country may not receive the same network priority as a call made using traditional wireless ( mobile ) or fixed line telephone services .

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 (including the Annexes) constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions and understandings, written or oral, between the Parties with respect to such subject matter. The parties acknowledge that this Agreement does not supersede any terms of the Employment Agreement that continue after such agreement’s termination, any releases entered into between Consultant and the Company or the Modification Agreement, including the provisions thereof related to the effectiveness of this Agreement.

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: Except as otherwise specifically provided herein, any notice required or permitted by this Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (i) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; (iii) by facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification of receipt.

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 Participant recognizes and agrees that a violation by him or her of his or her obligations under this Section 23 may cause irreparable harm to the Company that would be difficult to quantify and that money damages may be inadequate. As such, the Participant agrees that the Company shall have the right to seek injunctive relief (in addition to, and not in lieu of any other right or remedy that may be available to it) to prevent or restrain any such alleged violation without the necessity of posting a bond or other security and without the necessity of proving actual damages. However, the foregoing shall not prevent the Participant from contesting the Company’s request for the issuance of any such injunction on the grounds that no violation or threatened violation of this Section 23 has occurred and that the Company has not suffered irreparable harm. If a court of competent jurisdiction determines that the Participant has violated the obligations of any covenant for a particular duration, then the Participant agrees that such covenant will be extended by that duration.

assistant: Specific Performance
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 Change-in-Control and Retention Agreement are the entire agreement between you and the Company with respect to the subject matter herein and supersede all prior negotiations and agreements, whether written or oral, relating to this subject matter. You acknowledge that neither the Company nor its agents or attorneys, made any promise or representation, express or implied, written or oral, not contained in this Agreement to induce you to execute this Agreement. You acknowledge that you have signed this Agreement voluntarily and without coercion, relying only on such promises, representations and warranties as are contained in this document and understand that you do not waive any right or claim that may arise after the date this Agreement becomes effective.

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: under the TVPA: “[R]esponsibility for torture, summary execution, or disappearances extends beyond the person or persons who actually committed those acts — anyone with higher authority who authorized, tolerated or knowingly ignored those acts is liable for them.” S.Rep. No. 102-249, at 9. Thus, theories of liability under domestic law are available to support TVPA claims by providing a theory of tort liability when the defendant did not personally commit the underlying act. (3) Standards for Aiding and Abetting Liability When considering whether the secondary theories of liability are met, we turn to federal common law for the relevant standards. Our opinion in Cabello, 402 F.3d 1148, forms the basis for aiding and abetting liability in this circuit. See Romero, 552 F.3d at 1315-16 (<HOLDING>). In Cabello, we addressed whether claims based Options: A. holding that a panel of this court cannot overturn a prior panels decision B. holding that precedent set by our panels binds all subsequent panels C. holding that a prior panel decision is binding on subsequent panels D. recognizing that a prior panels holding is binding on all subsequent panels E. recognizing that our decision in cabello binds all subsequent panels of this court as to aiding and abetting liability

assistant: The best answer is E. recognizing that our decision in cabello binds all subsequent panels of this court as to aiding and abetting liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for actions that did not fit within th[e] precise meanings [of the terms “wrongful entry or eviction”], yet would clearly seem within the same class of conduct intended to be insured against. Then a court confronted with such resistance would be forced to choose between denying coverage or bending the “wrongful entry or eviction” language out of shape to provide the insured with coverage. Martin, 699 F.Supp. at 170 (emphasis added). 2. East Central has not established a claim for “personal injury” under the CGL Policy. To avoid summary judgment, East Central must have alleged facts that support a claim that Creek County Well Service committed the offense of invading East Central’s private right of occupancy. See Liberty Bank v. Travelers Indem. Co., 870 F.2d 1504, 1508 (9th Cir.1989) (<HOLDING>). To determine whether East Central has Options: A. holding that personal injury exception should be construed narrowly so as not to include torts without physical injury B. holding that in a personal injury suit the timely notice requirement does not apply C. holding that under new hampshire law this definition of personal injury is ambiguous D. holding that federal courts apply the forum states personal injury statute of limitations for section 1983 claims E. holding that to apply the personal injury endorsement montana law requires the complaint to allege facts establishing the elements of one of the enumerated torts listed under the insurance policys definition of personal injury

assistant: The best answer is E. holding that to apply the personal injury endorsement montana law requires the complaint to allege facts establishing the elements of one of the enumerated torts listed under the insurance policys definition of personal injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which, when taken together, constitute one and the same document. The signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

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 case excerpt and choose the best holding from the options. Case excerpt: on the basis of conflicting affidavits made by Santana and trial counsel. We granted a certificate of appealability on the issue of whether Santana’s trial counsel provided ineffective assistance by failing to file a notice of appeal as requested in violation of United States v. Peak, 992 F.2d 39, 42 (4th Cir.1993), and ordered additional briefing on this issue. See 4th Cir. R. 22(a). After reviewing the arguments and record on appeal, we vacate and remand for an evidentiary hearing on Santana’s claim that trial counsel failed to file a notice of appeal as requested. An attorney who fails to file an appeal after being instructed to do so by his client is per se ineffective. Roe v. Flores-Ortega, 528 U.S. 470, 476-77, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); see also Peak, 992 F.2d at 42 (<HOLDING>). This is true even if the defendant has waived Options: A. holding counsels failure to object to victim impact testimony and evidence was not ineffective assistance of counsel when the trial record was silent as to counsels strategy B. holding in context of sixth amendment ineffective assistance of counsel based on asserted failure of counsel to file appeal established prejudice per se for purpose of establishing habeas review jurisdiction as if proven such failure constitutes denial of a fundamental constitutional right C. recognizing reluctance to designate any error as per se ineffective assistance D. holding that criminal defense counsels failure to file notice of appeal when requested to do so is per se ineffective assistance E. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape

assistant: The best answer is D. holding that criminal defense counsels failure to file notice of appeal when requested to do so is per se ineffective assistance
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 sets forth the entire understanding of the parties hereto with respect to its subject matter, merges and supersedes all prior and contemporaneous understandings with respect to its subject matter, and may not be waived or modified, in whole or in part, except in writing signed by each of the parties hereto. No waiver of any provision of this Agreement in any instance will be deemed to be a waiver of the same or any other provision in any other instance. The recitals set forth above are incorporated herein by this reference.

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: See Ames Dep’t Stores, Inc. v. Lumbermens Mut. Cas. Co. (In re Ames Dep’t Stores, Inc.), 542 B.R. 121, 137 (Bankr.S.D.N.Y.2015) (quoted material). In doing so, Congress recognized the bankruptcy court’s experience, and, more importantly, vested interest, in ruling in a manner that makes the bankruptcy system functional. As Whiting-Turner indicates, not all core matters implicate these concerns equally. However, these considerations are nonetheless important, and when placed on a scale, determinations regarding the automatic stay implicate them heavily. In re Merrill, 343 B.R. at 9 n. 10 (“[AJpplying and enforcing the stay (and related provisions) is [not] a simple exercise where a bankruptcy judge’s experience and training are not required.”); see also In re Cline, 282 B.R. at 695 (<HOLDING>); In re Rushing, 443 B.R. at 97 (“A bankruptcy Options: A. recognizing each individual bankruptcy courts unique interest in interpreting and enforcing stay in pending cases B. recognizing that each ditch system is unique and has individualized needs C. recognizing district courts authority to dispose of contempt action for violation of automatic stay of bankruptcy D. recognizing that any action taken in violation of the automatic bankruptcy stay is void and without effect E. holding dismissal is not precluded by bankruptcy stay

assistant: The best answer is A. recognizing each individual bankruptcy courts unique interest in interpreting and enforcing stay in pending cases