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: Amendment during a traffic stop, see Brendlin, 551 U.S. at 263, 127 S.Ct. 2400 (concluding that occupants of car that was pulled over are seized within meaning of Fourth Amendment), that seizure is not illegal if the stop was lawful. Thus, because the stop of the Chevrolet was lawful, Officer Verica had the authority to order Richardson to remain in the car while the stop was taking place. Yet Officer Verica’s lawful attempt to briefly seize Richardson was unsuccessful. Richardson only momentarily complied with Verica’s order to remain in the car, and momentary compliance does not amount to submission to a seizure. See Waterman, 569 F.3d at 146 (concluding that submission to police order requires “something more than a momentary pause or mere inaction”); Valentine, 232 F.3d at 359 (<HOLDING>). Importantly, at the time of Richardson’s Options: A. holding that there was no seizure when defendant failed to place his hands on car as instructed even assuming that he momentarily complied by stopping and giving his name B. holding that there was no arrest when suspect was moved from his own truck to a police car C. holding that a son could be bound by a contract that he signed even though his fathers name and not his appeared in the body D. holding mr contrisciane was occupying his insured vehicle when he was struck and killed by an uninsured vehicle after leaving his car to walk over to patrol car with his drivers information as directed by police officer E. holding that defendant was not resident of his mothers household even though his drivers license listed his mothers address and he received mail there because he expressed a belief that his residence was in a different location than his mothers home he rented and occupied his own residence and he testified that he was only living with his mother after expiration of his lease until he could find another place to live

assistant: The best answer is A. holding that there was no seizure when defendant failed to place his hands on car as instructed even assuming that he momentarily complied by stopping and giving his name
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: As of the date hereof, the authorized capital stock of the Company consists of (a) 150,000,000 shares of Common Stock, par value of $0.001 per share, of which approximately 58,529,281 shares of Common Stock are issued and outstanding and (b) nil shares of preferred stock. Except as set forth on Schedule 4.3 , the Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the exercise of employee stock options under the Company’s stock option plans, the issuance of shares of Common Stock to employees pursuant to the Company’s employee stock purchase plans and pursuant to the conversion and/or exercise of Common Stock Equivalents outstanding as of the date of the most recently filed periodic report under the Exchange Act. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as set forth on Schedule 4.3 and except as a result of the purchase and sale of the Securities, there are no outstanding options, warrants, scrip rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire any shares of Common Stock, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or Common Stock Equivalents. The issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Investor) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will not, and will not permit any of its Subsidiaries to, use the proceeds of any Loans or Letter of Credit, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U of the Board) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose. The Borrower will not request any Borrowing or Letter of Credit, and the Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (A) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (B) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, to the extent such activities, business or transaction would be prohibited by Sanctions if conducted by a corporation incorporated in the United States, or (C) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a Change in Control after the Effective Date, (i) if determined by the Committee in the applicable Award agreement or otherwise, any outstanding Awards then held by Participants which are unexercisable or otherwise unvested or subject to lapse restrictions shall automatically be deemed exercisable or otherwise vested or no longer subject to lapse restrictions, as the case may be, as of immediately prior to such Change in Control and (ii) the Committee may (subject to Section 21), but shall not be obligated to, provide for the issuance of substitute Awards that will substantially preserve the otherwise applicable terms of any affected Awards previously granted hereunder, including without limitation, any applicable vesting conditions (such Awards, “ Substitute Awards ”), as determined by the Committee in its sole discretion; provided, however, that if the Committee does not provide for the issuance of Substitute Awards, it may (subject to Section 21), but shall not be obligated to, (A) cancel Awards for fair value (as determined in the sole discretion of the Committee), to the extent permitted under Section 409A of the Code, which, in the case of Options and Stock Appreciation Rights, may equal the excess, if any, of value of the consideration to be paid in the Change in Control transaction to holders of the same number of Shares subject to such Options or Stock Appreciation Rights (or, if no consideration is paid in any such transaction, the Fair Market Value of the Shares subject to such Options or Stock Appreciation Rights) over the aggregate Option Price or exercise price of such Options or Stock Appreciation Rights or (B) provide that for a period of at least 15 days prior to the Change in Control, such Awards shall be exercisable (including through net settlement in Shares as described in Section 4(c)(ii) above), to the extent applicable, as to all Shares subject thereto and the Committee may further provide that upon the occurrence of the Change in Control, such Awards shall terminate and be of no further force and effect. For the avoidance of doubt, pursuant to (A) above, the Committee may cancel Options and Stock Appreciation Rights for no consideration if the aggregate Fair Market Value of the Shares subject to such Options or Stock Appreciation Rights is less than or equal to the aggregate Option Price of such Options or exercise price of such Stock Appreciation Rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by the parties hereto in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement, and may be delivered to the other parties hereto by facsimile.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for such filings as may be required under the HSR Act or to obtain the DOT Conditional Approvals and except as set forth on Schedule 5.4, no filing with or notice to, and no permit, authorization, consent, exemption, order or approval of, any Authority or other Person is necessary for execution and delivery by such Seller of this Agreement and any of the other Transaction Documents to which such Seller is or will be a party or the consummation by such Seller of the transactions contemplated hereby and thereby.

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: a “factual basis” is the “judicial determination ... made with respect to the essential elements of the crime” that has preclusive effect. See Ideal Mut. Ins. Co., 319 N.W.2d at 295; see also Aid Ins. Co. (Mut.), 336 N.W.2d at 440. Van Haaften does not ask us to overrule this well-established precedent but, instead, claims it is distinguishable because the pleas in those cases did not result in deferred judgments. We conclude that is a distinction without a difference here. B. A Deferred Judgment Does Not Alter the Finality of the District Court’s “Factual Basis” Determination. Van Haaften argues her plea that resulted in a deferred judgment does not have pre-clusive effect because it is not a final judgment for purposes of appeal. See State v. Stessman, 460 N.W.2d 461, 462 (Iowa 1990) (<HOLDING>). Under Iowa law a deferred judgment means a Options: A. holding iowa code section 63113 which is now section 6317 contains no provision for posttrial motions on appeal from a small claims court judgment B. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence C. holding a deferred judgment is not a final judgment of sentence from which a defendant may appeal under iowa code section 8146 D. recognizing that a final judgment may provide for a particular standard upon which to modify a final judgment E. holding a guilty plea pursuant to a deferred judgment is a conviction for purposes of the feloninpossessionofafirearm statute iowa code section 72426

assistant: The best answer is C. holding a deferred judgment is not a final judgment of sentence from which a defendant may appeal under iowa code section 8146
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: Tenant shall, at its expense, comply with and shall cause the Premises and Tenant’s employees, agents, contractors and subcontractors to comply with all governmental statutes, laws, rules, orders, regulations and ordinances affecting the Premises or any part thereof, or the use therefore, at any time during the Lease Term, including without limitation, the Americans With Disabilities Act (“ADA”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: From and after the Effective Date, the Administrative Agent shall make all payments in respect of [the][each] Assigned Interest (including payments of principal, interest, fees and other amounts) to [the][the relevant] Assignee for amounts which have accrued both prior to and from and after the Effective Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree not to circumvent , disable or otherwise interfere with the security related features of the skype website or software or features that prevent or restrict the use of any content thereof .

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: Other than as set forth in the Exception Report, Borrower (i) does not have or hold any tradenames, trademarks, servicemarks, logos, copyrights, patents or other intellectual property with respect to the Properties or the use or operations thereof or (ii) is not the registered holder of any website with respect to the Properties (other than Tenant websites).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 29-28-105 (1994). We agree with Telectronics that these slight variations in language make a difference in the impact of the law. However, we agree with Plaintiffs that these types of variations can be managed with proper jury instructions. Other variations pointed out by Telectronics are either insignificant or irrelevant to the issues presented in this case. For example, Telectronics asserts that Plaintiffs failed to analyze how states deal with compliance with federal regulations. In this instance, this variation is likely to be immaterial because the Supreme Court recently found the FDA “regulations” under which the “ J” Lead was allowed to proceed to market does not provide protection to the public. See Medtronic v. Lohr, — U.S.-,-, 116 S.Ct. 2240, 2254, 135 L.Ed.2d 700 (1996) (<HOLDING>). Accordingly, we find that the strict Options: A. holding that fdas substantial equivalence doctrine does not preclude state law claims because the approval process did not involve safety and thus provide little protection to the public B. holding that doctrine does not violate due process C. holding that the jones act does not preempt state law in applying the doctrine of forum non conveniens and thus state law governs D. holding the state law claims were not preempted E. holding that doctrine does not violate equal protection

assistant: The best answer is A. holding that fdas substantial equivalence doctrine does not preclude state law claims because the approval process did not involve safety and thus provide little protection to the public
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: A PARS Award is a right to receive shares of Common Stock (which may include stock with certain restrictions attached) at a future time specified in the Award Notice (the “PARS Award Term”) if specified performance goals and/or service contingencies established from time to time by the Committee and set forth in the PARS Award are achieved.

assistant: Definitions
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 legal action or proceeding with respect to the Loan Documents shall be brought exclusively in the courts of the State of New York located in the City of New York, Borough of Manhattan, or of the United States of America for the Southern District of New York and, by execution and delivery of this Agreement, each Loan Party hereby accepts for itself and in respect of its Property, generally and unconditionally, the jurisdiction of the aforesaid courts. Notwithstanding the foregoing, Agent and Lenders shall have the right to bring any action or proceeding against any Loan Party (or any Property of such Loan Party) in the court of any other jurisdiction Agent or Lenders deem necessary or appropriate in order to realize on the Collateral or other security for the Obligations. The parties hereto hereby irrevocably waive any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens , that any of them may now or hereafter have to the bringing of any such action or proceeding in such jurisdictions.

assistant: Submission To Jurisdiction
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: It is further agreed and understood by the parties hereto that if any part, term or provision of this Agreement should be held unenforceable in the jurisdiction in which either party seeks enforcement of the contract, it shall be construed as if not containing the invalid provision or provisions, and the remaining portions or provisions shall govern the rights and obligations of the parties.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 374 U.S. 503 83 S.Ct. 1879 10 L.Ed.2d 1045 Robert Louis BONEv.UNITED STATES. No. 716, Misc. Supreme Court of the United States June 17, 1963 Robert Louis Bone, pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Richard W. Schmude, for the United States. On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for further consideration in light of Sanders v. United States, 373 U.S. 1, 83 S.Ct. 1068. 2 Mr. Justice CLARK and Mr. Justice HARLAN would deny certiorari on the basis of their dissent in Sanders v. United States, 373 U.S. 23, 83 S.Ct. 1081.

assistant: 1
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: would be a problem with this Kehoe/Daniel approach if that is what the trial court relied upon. It is no longer good law. Pursuant to the decision of the United States Supreme Court in Whren v. United States, 517 U.S. 806, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996), even if the Officer planned on stopping appellee’s vehicle for another reason (the Officer was responding to a BOLO in conjunction with a robbery), “[t]he actual subjective motivation of the individual officer ■ involved is irrelevant and should hot factor into an ordinary probable-cause Fourth 'Amendment analysis.” Proctor, 161 So.3d at 411 (citing Whren, 517 U.S. at 813). The Florida Supreme Court has accepted that the Whren objective test overrules the .Kehoe/Daniel approach. Holland v. State, 696 So.2d 757, 759 (Fla.1997) (<HOLDING>); see also 11 Fla. Prac., DUI Handbook § 4:19 Options: A. holding that probable cause to believe the traffic code had been violated rendered the stop reasonable under the fourth amendment regardless of officers subjective intent B. holding that the courts determination of whether an officer had probable cause for an arrest is an independent and objective determination and an officers own subjective reason for the arrest is irrelevant C. holding that florida courts are required to follow whrens objective test and determine only whether probable cause existed for the traffic stop in question D. holding that the subjective intent of the officer is no longer determinative wjhen applying the objective test generally the only determination to be made is whether probable cause existed for the stop in question and that per whren a violation of traffic law provided sufficient probable cause to make the subsequent search and seizure reasonable E. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same

assistant: The best answer is D. holding that the subjective intent of the officer is no longer determinative wjhen applying the objective test generally the only determination to be made is whether probable cause existed for the stop in question and that per whren a violation of traffic law provided sufficient probable cause to make the subsequent search and seizure reasonable
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: To enable Linde to meet any applicable federal, state, city, local or foreign withholding tax requirements arising as a result of the exercise of the Award, the exerciser shall pay Linde the amount of tax to be withheld, if any, in cash or by having Linde withhold Shares that would otherwise be delivered pursuant to the exercise of the Award, provided that, if Shares are so withheld, they shall be withheld only up to the minimum required tax withholding rates or such other rate that will not trigger a negative accounting impact on Linde. The value of any Shares so withheld shall be the Share price at the time of exercise. Linde reserves the right to (i) disapprove an exerciser’s election to utilize any of the alternatives under this Section, and (ii) to delay the completion of any exercise of this Award until the applicable withholding tax has been paid.

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 representation or warranty in this Article 4, and no statement contained elsewhere in this Agreement or in any schedule, exhibit, certificate or other document furnished or to be furnished by Buyer to Sellers pursuant hereto or in connection with the transactions contemplated under this Agreement contains any untrue statement of a material fact or omits or will omit to state a material fact or any fact necessary to make the statements contained therein not materially misleading.

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: the district court’s grant of summary judgment in favor of NEC. * Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . 29 U.S.C. §§ 621-634. 2 . In a separate order, the district court granted summary judgment in favor of a second defendant, RedRiver Systems, L.L.C. That defendant is not a party to this appeal. 3 .Cramer v. NEC Corp. of Am., No. 3:10-CV-1428-L, 2012 WL 369538, at *6 n. * (N.D.Tex. Feb. 3, 2012). 4 . R.R. Mgmt. Co., L.L.C. v. CFS La. Midstream Co., 428 F.3d 214, 217 (5th Cir.2005). 5 . Id. at 220. 6 . Fed.R.Evid. 901(a); McConathy v. Dr. Pepper/Seven Up Corp., 131 F.3d 558, 562 (5th Cir.1998). 7 . See R.R. Mgmt., 428 F.3d at 220 (<HOLDING>). 8 . Jackson v. Cal-W. Packaging Corp., 602 Options: A. holding that the admission or exclusion of evidence is within discretion of the trial court and that such determinations will not be disturbed on appeal absent clear abuse of discretion B. holding that rulings on admissibility of evidence are within the discretion of the trial court and will not be disturbed absent a showing of abuse of that discretion C. holding that experts cursory testimony did not make his opinion conclusory because accompanying exhibit explained the basis for his conclusion D. holding no abuse of discretion in trial courts exclusion of evidence where evidence was cumulative E. holding that exclusion of an exhibit was not an abuse of discretion absent indicia of authenticity within the exhibit itself or other evidence on the record tending to authenticate the exhibit

assistant: The best answer is E. holding that exclusion of an exhibit was not an abuse of discretion absent indicia of authenticity within the exhibit itself or other evidence on the record tending to authenticate the exhibit
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: decision in A.E. v. Christean, 938 P.2d 811 (Utah Ct.App.1997), the juvenile court erred by combining the permanency hearing with the termination hearing. However, Parents' reliance on A.E. is misplaced. In AE., this court held Children "17 Parents claim that the juvenile court erred by giving the State permission to allow psychiatric treatment and medication for the children. There is no indication that Parents properly preserved their objection to the medication order. Again Rule 24 of the Utah Rules of Appellate Procedure requires appellant's brief to contain "citation to the record showing that the issue was preserved in the trial court" Utah R.App. P. 24(a)(5)(A). No such citation was provided in this case. See Hart v. Salt Lake County Comm'n, 945 P.2d 125, 130 (Utah Ct.App.1997) (<HOLDING>). Here, the permanency order is being appealed; Options: A. holding that this court lacks jurisdiction to review claims that have not been raised before the bia B. holding that the court lacks jurisdiction to review legal arguments not raised before the bia C. holding appellate court lacks jurisdiction if party does not preserve claim by first raising it before trial court D. holding a general ruling by the trial court is insufficient to preserve a specific issue for appellate review E. holding that appellant failed to preserve error because it did not present appellate complaint to trial court

assistant: The best answer is C. holding appellate court lacks jurisdiction if party does not preserve claim by first raising it before trial court
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 contents, terms and conditions of this Agreement must be kept confidential by you and may not be disclosed except to your immediate family, accountant or attorneys or pursuant to subpoena or court order. You agree that if you are asked for information concerning this Agreement, you will state only that you and the Company reached an amicable resolution of any disputes concerning your separation from the Company. Any breach of this confidentiality provision shall be deemed a material breach of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: Pro Tunc Order Terminating The Term Of Supervised Release.” Although his motion is difficult to understand, in it Bolivar appears to argue that the district court had lacked jurisdiction to correct his sentence in August 2001 because, according to Bolivar, his sentence expired when he was released from prison and deported in 1999. The government did not respond to Bolivar’s motion, and the district court summarily denied it. On appeal Bolivar reasserts his argument that the district court lacked jurisdiction to reinstitute the term of supervised release. Although Bolivar was released from confinement in May 1999 and deported a short time later, he remained on parole and subject to a four-year term of supervised release. See United States v. Akinyemi, 108 F.3d 777, 779-80 (7th Cir.1997) (<HOLDING>); see also United States v. Cuero-Flores, 276 Options: A. holding that deportation does not extinguish term of parole B. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses C. holding that deportation does not extinguish term of supervised release D. holding that a statute requiring a threeyear term of supervised release did not eviscerate the district courts discretion to adjust the term of supervised release pursuant to 3583e E. holding that further supervised release may be ordered as a sentence for violation of supervised release

assistant: The best answer is C. holding that deportation does not extinguish term of supervised release
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: in no event shall the aggregate liability of the oculus parties arising out of or relating to the use of or inability to use the services exceed the greater of one hundred us dollars ( $ 100 ) or the amount that you paid us to use our services .

assistant: Limitation of 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 legal provision and list the applicable contract clause categories. Provision: This Agreement, the other Loan Documents and the agreements regarding certain fees referred to herein constitute the entire contract between the parties relative to the subject matter hereof. Any previous agreement among or representations from the parties or their Affiliates with respect to the subject matter hereof is superseded by this Agreement and the other Loan Documents. Notwithstanding the foregoing, the Collateral Agent Fee Letter shall survive the execution and delivery of this Agreement and remain in full force and effect. Nothing in this Agreement or in the other Loan Documents, expressed or implied, is intended to confer upon any party other than the parties hereto and thereto any rights, remedies, obligations or liabilities under or by reason of this Agreement or the other Loan Documents.

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: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of Section 10.07(b) , (ii) by way of participation in accordance with the provisions of Section 10.07(d) , (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 10.07(e) or (iv) to an SPC in accordance with the provisions of Section 10.07(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 10.07(d) and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: An eligible individual shall become a Participant in this Plan when he or she is granted an Award hereunder, and shall no longer be a Participant when all Awards to the Participant have been completed, terminated or otherwise disposed of.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: United States. 8 U.S.C. § 1326(a)(1) & (2) (emphasis added); see also 10th Cir. Criminal Pattern Jury Instructions § 2.05 (2011). Additionally, nothing indicates Agent Knoll’s testimony that Mr. Valenzuela-Carrillo ultimately "was removed to Mexico,” ROA, Vol. IV at 358, was not based on his own personal observations. Regardless, because Mr. Valenzuela-Carrillo’s successful prosecution for illegal reentry was enough to establish his unlawful presence in the country, it was not necessary for Agent Knoll to attest to Mr. Valenzuela-Carrillo’s physical removal from the United States or any formal proceedings following the successful illegal reentry prosecution. 15 . See also United States v. Acosta-Acevedo, 979 F.2d 858, 1992 WL 332242, at *2 (10th Cir.1992) (unpublished table decision) (<HOLDING>). Although unpublished, Acosta-Acevedo’s rea- Options: A. holding that testimony of ins official who had personal exposure to countys recordkeeping practices was sufficient to support a finding of personal knowledge especially given the defenses failure to further explore the nexus between the witnesss experience and purported personal knowledge on crossexamination citing davis 792 f2d at 130405 B. holding that a jurors personal knowledge or experience constitutes extrinsic evidence where the juror interjects his or her past personal experiences into deliberations in the absence of any record evidence on a given fact C. holding that the affidavit in question did not satisfy the burden of the party moving for summary judgment where affiants eonclusory statement failed to indicate personal knowledge of the circumstances in question and personal knowledge could not be reasonably inferred from the contents of the affidavit D. holding that the failure of an affidavit to be made on personal knowledge or specify how the affiant had personal knowledge of the facts asserted is a defect in substance and need not be objected to at trial to be a ground for reversal E. holding that lay testimony is competent if it is limited to matters that the witness has actually observed and is within the realm of the witnesss personal knowledge

assistant: The best answer is A. holding that testimony of ins official who had personal exposure to countys recordkeeping practices was sufficient to support a finding of personal knowledge especially given the defenses failure to further explore the nexus between the witnesss experience and purported personal knowledge on crossexamination citing davis 792 f2d at 130405
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: (4) failed to object that his punishment was cruel and unusual. We find no merit in appellant’s contentions, each of which is addressed individually. 1. Failure to Object to Victim Impact Testimony. Appellant asserts his counsel should have objected to testimony by the victim and the victim’s family members that was presented before the trial court assessed punishment. Appellant contends that failure to object to a victim impact statement made before sentencing under section 42.03 of the Texas Code of Criminal Procedure constitutes ineffective assistance of counsel and reversible error. We disagree with appellant because article 42.03 does not restrict the information contained in a PSI report before the pronouncement of sentencing. See Fryer v. State, 68 S.W.3d 628 (Tex.Crim.App.2002) (<HOLDING>). At the PSI hearing, the State called the Options: A. holding that court may satisfy factual basis requirement by examining presentence report B. holding that sentencing court may not adopt facts from codefendants presentence report that was not disclosed to defendant C. holding defendants statement that presentence report was correct did not constitute admission to the nature and cireumstances of the crime reflected in the report D. holding victim impact statement statutes did not prohibit court from considering victims recommendations in presentence report E. holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

assistant: The best answer is D. holding victim impact statement statutes did not prohibit court from considering victims recommendations in presentence report
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: you agree that we may notify you of the updated terms by posting them on the service , and that your use of the service after we post the updated terms ( or engaging in other such conduct as we may reasonably specify ) constitutes your agreement to the updated terms .

assistant: Contract by using
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: Studio, 581 Pa. 454, 866 A.2d 270, 277 (2005)); accord Azarchi-Steinhauser v. Protective Life Ins. Co., 629 F.Supp.2d 495, 501 (E.D.Pa.2009) (finding that plaintiffs did not knowingly make a material misrepresentation); Brandow Chrysler Jeep Co. v. DataScan Tech., 511 F.Supp.2d 529, 536 (E.D.Pa.2007). A plaintiff must prove the elements of negligent misrepresentation by a preponderance of the evidence. Banco Urquijo S.A. v. Signet Bank/Maryland, 861 F.Supp. 1220, 1247-48 (M.D.Pa.1994). As a preliminary matter, Hartford cannot prevail on this cause of action because it has not shown that Ms. Lewis owes it a duty. The tort of negligent misrepresentation is “premised on the existence of a duty owed by one party to another.” Gibbs v. Ernst, 538 Pa. 193, 647 A.2d 882, 890 (1994) (<HOLDING>); Restatement (Second) of Torts § 552, cmt. (c) Options: A. holding that the furnishing of misleading information cannot support a claim for negligent misrepresentation the information must be false B. holding that when an agency has not reached an issue the proper course is to remand to the agency to address it in the first instance C. holding failure to disclose may constitute supplying false information to support negligent misrepresentation claim where such failure breaches a statutory duty D. holding that an adopting parent may state a claim for negligent misrepresentation because an adoption agency has assumed a duty to tell the truth when it volunteers information to prospective parents E. holding negligent misrepresentation sufficient

assistant: The best answer is D. holding that an adopting parent may state a claim for negligent misrepresentation because an adoption agency has assumed a duty to tell the truth when it volunteers information to prospective parents
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For the avoidance of doubt, (a) in the event a Participant exercises a SAR (whether during an Exercise Window or following a Termination of Employment), the date of determination of FMV, the exercise date and the settlement date shall occur in the same calendar year, and (b) the measurement date for purposes of establishing the exercise price of a SAR will be the Grant Date and the measurement date for purposes of determining the FMV on the date of exercise of a SAR will be the date of exercise of the SAR.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note and each of the related loan documents dated as of the date hereof, taken together, constitute and contain the entire agreement between Borrower and Lender with respect to the subject matter hereof and supersede any and all prior agreements, negotiations, correspondence, understandings and communications between the parties, whether written or oral, with respect to such subject matter. Borrower acknowledges that it is not relying on any representation or agreement made by Lender or any employee, attorney or agent thereof, other than the specific agreements set forth in this Note and the related loan documents.

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: claim, concluding that the government’s position defending the ALJ’s “overall” decision (that Jager was not disabled) was “grounded in law and fact.” Jager, however, can be a prevailing party entitled to apply for fees under the EAJA regardless of whether she ultimately succeeds in obtaining disability benefits. See Shalala, 509 U.S. at 300-01, 113 S.Ct. 2625. The district court therefore applied an erroneous view of the law. Further, in Jager’s case, the government was not substantially justified in defending the ALJ’s procedural errors. The defense of “basic and fundamental errors” are “difficult to justify.” Corbin, 149 F.3d at 1053. The ALJ in Jager’s case committed some of the same procedural errors this court held in Shafer to be “fundamental.” See Shafer, 518 F.3d at 1072 (<HOLDING>). We therefore conclude that Jager is entitled Options: A. holding that the alj erred by rejecting a treating physicians opinion in favor of opinions issued by nontreating doctors without providing a sufficient rationale B. holding that clear and convincing reasons are not required to reject contradicted conclusions of a treating physician C. holding that errors such as failing to provide clear and convincing reasons for discrediting a claimants subjective complaints rejecting a treating physicians opinion in favor of a nontreating physicians opinion without providing clear and convincing reasons and erring in assessing the claimants residual functioning capacity are fundamental D. recognizing that failure to provide good reasons for discrediting a treating physicians opinion is grounds for remand E. holding that failure to provide good reasons to discredit a treating physicians opinion requires remand

assistant: The best answer is C. holding that errors such as failing to provide clear and convincing reasons for discrediting a claimants subjective complaints rejecting a treating physicians opinion in favor of a nontreating physicians opinion without providing clear and convincing reasons and erring in assessing the claimants residual functioning capacity are fundamental
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: Capitalized terms used herein and not defined shall have the meanings ascribed to them in the Restated Note. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The terms of this Amendment shall be construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to choice of law provisions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: how long the cross-examination continued beyond the initial twenty-two-minute limitation; it shows only that the limit was reached after twenty transcript pages of testimony and that testimony continued for thirteen more pages. See HOV Tr. at 32, 52, 65. Stanfield argues that even though the announced limit was ultimately exceeded, the court’s exhortations to defense counsel to “finish up,” id. at 56, 63, caused counsel to be “pressured and distracted,” Appellant Br. at 17, and amounted to a denial of Stanfield’s right to confront the witness against him. A probationer facing revocation is entitled to “an opportunity to ... question any adverse witness.” Fed.R.Crim.P. 32.1(b)(2)(C); see also Morrissey v. Brewer, 408 U.S. 471, 488-89, 92 S.Ct. 2593, 2603-04, 33 L.Ed.2d 484 (1972) (<HOLDING>); Gagnon v. Scarpelli 411 U.S. 778, 782, 93 Options: A. holding that revocation of parole does not create collateral consequences sufficient to extend standing beyond expiration of sentence and rejecting as moot a challenge to an allegedly erroneous parole revocation B. holding that there is no constitutional right to representation by counsel at a parole revocation C. recognizing right of allocution in probation revocation proceedings D. holding that a right to confrontation exists in parole revocation proceedings E. holding that probation revocation proceedings are clearly not criminal proceedings

assistant: The best answer is D. holding that a right to confrontation exists in parole revocation proceedings