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 legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by the Company of this Amendment and Waiver Agreement will not (a) contravene, result in any breach of, or constitute a default under, or result in the creation of any Lien in respect of any property of the Company or any Subsidiary under, any indenture, mortgage, deed of trust, loan, purchase or credit agreement, corporate charter or by-laws, or any other Material agreement, lease, or instrument to which the Company or any Subsidiary is bound or by which the Company or any Subsidiary or any of their respective properties may be bound or affected, (b) conflict with or result in a breach of any of the terms, conditions or provisions of any order, judgment, decree, or ruling of any court, arbitrator or Governmental Authority applicable to the Company or any Subsidiary or (c) violate any provision of any statute or other rule or regulation of any Governmental Authority applicable to the Company or any Subsidiary.

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: If any term, provision, covenant, agreement or restriction of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, agreements and restrictions of this Note will continue in full force and effect and will in no way be affected, impaired or invalidated.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice, request or other communication required or permitted to be given under this Agreement shall be in writing and deemed to have been properly given when delivered in person, or when sent by telecopy or other electronic means and electronic confirmation of error free receipt is received or two (2) days after being sent by certified or registered United States mail, return receipt requested, postage prepaid, addressed to the party at the address set forth below.

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 case excerpt and choose the best holding from the options. Case excerpt: site, then the Service will issue a “no effect” letter, and the mitigation requirements will be lifted. Although Mead did hire a consultant to determine the distance of his property from salamander breeding pools, he has not submitted a properly performed survey to the Service, and the Service has thus declined to issue a “no effect” letter. Mead does not argue that the cost of performing a proper survey would amount to a taking. Because Mead has not received a final determination from the Service as to whether the salamander mitigation requirements apply to his development project, he has not met the first prong of the Williamson County test, and his takings claim is therefore not ripe. Cf Suitum v. Tahoe Reg’l Planning Agency, 520 U.S. 725, 739, 117 S.Ct. 1659, 137 L.Ed.2d 980 (1997) (<HOLDING>). Second, Mead contests the application of the Options: A. holding a takings claim ripe where the relevant agency had finally determined that the petitioners land lay entirely within an environmentally sensitive area in which development was not allowed B. holding that land sales contracts were not securities because they involved no investment in an enterprise even if land was bought on expectation that development of the area would increase the value of the land C. holding that a claim for indemnification was not ripe where it arose under common law and distinguishing this holding from ac s in which the claim arose under contract and was thus ripe D. holding that a plaintiffs takings claim was not ripe for review where the state court never explicitly reached the merits of their claim and no procedural bar existed to prevent review E. holding in land use situations courts have concluded in order for a regulatory takings claim to be ripe there must be a final decision regarding the application of the regulations to the property at issue

assistant: The best answer is A. holding a takings claim ripe where the relevant agency had finally determined that the petitioners land lay entirely within an environmentally sensitive area in which development was not allowed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if your account is seen to be dormant ( showing no transactions ) for 18 months or more , we reserve the right to terminate your account .

assistant: Unilateral termination
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: counters both business and common sense. Instead, a corporation would reasonably expect that the policy that it purchased would provide an extra layer of insurance for its employees, especially in situations like the present one where the nature of the job increases the likelihood of injury. Prior ease law demonstrates that employers can intend individuals to be named insureds, even though they are not listed as such. See, e.g., Macchi v. Conn. Gen. Ins. Co., 354, N.J.Super. 64, 74, 804 A.2d 596 (App.Div.2002) (stating that plaintiff was “for all intents and purposes an individual named insured under [the] policy” where corporation purchased policy and plaintiff was primary user of vehicle); Araya v. Farm, Family Cas. Ins. Co., 353 N.J.Super. 203, 210-11, 801 A.2d 1194 (App.Div.2002) (<HOLDING>). I recognize that those decisions do not apply Options: A. holding plaintiffs uim claims did not accrue until his lawsuit against the underinsured driver was resolved where insurance policy provided for uim coverage only after liability policies had been exhausted B. holding that prospective buyer of used car could not recover under dealers uim endorsement because uim insurance is not for protection of vehicles but of persons C. recognizing the overlap of issues pertaining to um and uim coverage and describing areas as to which distinct treatment is appropriate D. holding that ambiguity arises from failure to designate a natural person entitled to uim coverage and relying on declarations page as indicator of purchasers reasonable expectations E. holding that the secretary may only delegate the powers and duties of the office to a natural person not to an administration or entity other than a natural person

assistant: The best answer is D. holding that ambiguity arises from failure to designate a natural person entitled to uim coverage and relying on declarations page as indicator of purchasers reasonable expectations
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If (a) this Note is placed in the hands of an attorney for collection or enforcement or is collected or enforced through any legal proceeding or the Holder otherwise takes action to collect amounts due under this Note or to enforce the provisions of this Note, or (b) there occurs any bankruptcy, reorganization, or receivership of the Maker or other proceedings affecting the Maker’s creditors’ rights and involving a claim under this Note, then the Maker shall pay the costs incurred by the Holder for such collection, enforcement or action or in connection with such bankruptcy, reorganization, receivership or other proceeding, including, but not limited to, attorneys’ fees and disbursements.

assistant: Enforcements
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: conviction before this Court based on a violation of constitutional rights. See Aguilar Moriega v. Dep’t. of Defense, 520 F.Supp.2d 1, 5 (D.D.C.2007); see also Kendall v. Army Bd. for Corr. of Military Records, 996 F.2d 362, 366 (D.C.Cir.1993). This Court has recognized that because military courts are independent of the federal courts, military courts are analogized to state courts when individuals convicted by court-martial seek redress in federal courts. Aguilar Moriega, 520 F.Supp.2d at 5. Thus, when reviewing a collateral attack on a court-martial, federal courts apply waiver rules identical to those applied to state courts to bar claims raised for the first time in federal court. Kendall, 996 F.2d at 366 (citing Engle v. Isaac, 456 U.S. 107, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982) (<HOLDING>)). This waiver standard has been applied in Options: A. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice B. holding that federal court cannot review claim procedurally defaulted in state court absent showing of either cause and prejudice or a fundamental miscarriage of justice C. holding that a showing of cause and prejudice fails to overcome a defendants initial failure to object D. holding a contemporaneous objection is required to preserve an issue for appellate review E. holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice

assistant: The best answer is E. holding that failure to comply with state contemporaneous objection rule bars federal review absent a showing of cause and prejudice
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 Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument. In the event that any signature is delivered by facsimile transmission or by an e-mail which contains a portable document format (.pdf) file of an executed signature page, such signature page shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof.

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: subject to these terms of use , vivino grants each user of the site and/or service a worldwide , non-exclusive , non-sublicensable and non-transferable license to use , modify and reproduce the content , solely for personal , non-commercial use .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent shall be deemed to have exercised reasonable care in the custody and preservation of the Collateral if it takes such action for that purpose as the [applicable] Pledgor shall request in writing, but failure of the Administrative Agent to comply with any such request shall not of itself be deemed a failure to exercise reasonable care, and no failure of the Administrative Agent to preserve or protect any rights with respect to the Collateral against prior parties, or to do any act with respect to preservation of the Collateral not so requested by [any][the] Pledgor, shall be deemed a failure to exercise reasonable care in the custody or preservation of any Collateral.

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: Eastern Oregon Mining Assoc., 273 Or App at 262. In so concluding, the court erred. As we explained in Couey, the focus of ORS 14.175(3) is whether the general type or category of challenge at issue is likely to evade being fully litigated — including by appellate courts — in the future, not whether a specific case might avoid becoming moot through expedited consideration or some other mechanism: “The fact that there is a possibility that a particular case could obtain expedited consideration is beside the point. ORS 14.175 applies to types or categories of cases in which it is ‘likely’ that such challenges will avoid judicial review.” 357 Or at 482. DEQ argues that, in any event, the type or category of case at issue is not the sort that is likely 46 F2d 568, 582-83 (DC Cir 1980) (<HOLDING>). DEQ asserts that “a review of this court’s Options: A. recognizing a mootness exception for abortion litigation because pregnancy truly could be capable of repetition yet evading review B. holding that a party may not invoke the capable of repetition yet evading review exception where its failure to obtain prompt relief has prevented judicial review C. holding that we have no difficulty concluding that challenge to expired fiveyear npdes permit was capable of repetition yet evading review D. holding that challenge to expired fiveyear npdes permits originally issued eight years earlier was capable of repetition yet evading review E. holding that we may review moot cases that either 1 present issues of substantial public interest or 2 are capable of repetition yet evade review

assistant: The best answer is C. holding that we have no difficulty concluding that challenge to expired fiveyear npdes permit was capable of repetition yet evading 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 legal provision and list the applicable contract clause categories. Provision: EACH DEBTOR HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ANY UNITED STATES FEDERAL OR NEW YORK STATE COURT SITTING IN THE CITY OF NEW YORK, BOROUGH OF MANHATTAN IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND EACH DEBTOR HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN ANY SUCH COURT AND IRREVOCABLY WAIVES ANY OBJECTION IT MAY NOW OR HEREAFTER HAVE AS TO THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN SUCH A COURT OR THAT SUCH COURT IS AN INCONVENIENT FORUM. NOTHING HEREIN SHALL LIMIT THE RIGHT OF SECURED PARTY TO BRING PROCEEDINGS AGAINST ANY DEBTOR IN THE COURTS OF ANY OTHER JURISDICTION. ANY JUDICIAL PROCEEDING BY A DEBTOR AGAINST SECURED PARTY, THE LENDER OR ANY AFFILIATE THEREOF INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF, RELATED TO, OR CONNECTION WITH THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT IN NEW YORK, NEW YORK (AND SECURED PARTY AND THE LENDER HEREBY SUBMIT TO THE JURISDICTION OF SUCH COURT). EACH DEBTOR HERETO HEREBY IRREVOCABLY WAIVES PERSONAL SERVICE OF PROCESS AND CONSENTS TO PROCESS BEING SERVED IN ANY SUCH ACTION OR PROCEEDING BY MAILING BY REGISTERED OR CERTIFIED MAIL A COPY THEREOF TO SUCH DEBTOR AT THE ADDRESS FOR NOTICES TO IT IN ACCORDANCE WITH SECTION 5.3 OF THIS AGREEMENT AND AGREES THAT SUCH NOTICE SHALL CONSTITUTE GOOD AND SUFFICIENT SERVICE OF PROCESS AND NOTICE THEREOF. NOTHING CONTAINED HEREIN SHALL BE DEEMED TO LIMIT IN ANY WAY ANY RIGHT OF SECURED PARTY OR THE LENDER TO SERVE PROCESS IN ANY MANNER PERMITTED BY LAW.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you and the disputed party will attempt to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent , after which you or the disputed party may commence arbitration .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to be a request for an attorney.” Id. at 459, 114 S.Ct. 2350. It is not enough that the suspect might be invoking the right to counsel; rather, the suspect must do so unambiguously. Id. (citations omitted). When a suspect makes an ambiguous statement, police officers need not cease an interrogation, id. at 459-60, 114 S.Ct. 2350 (citation omitted), or ask clarifying questions, id. at 461-62. Peters’s statement, “I’d like to get to that part now,” by itself goes nowhere toward invoking the right to counsel. However, Peters claims that under the circumstances its meaning is clear. While we agree that Peters’s words should be viewed in the context in which they were spoken, as Davis requires, id. at 459, 114 S.Ct. 2350, case law in this area is strict. E.g., id. at 462, 114 S.Ct. 2350 (<HOLDING>); United States v. Brown, 287 F.3d 965, 972-73 Options: A. holding maybe i should talk to a lawyer to be ambiguous B. holding suspects contradictory answers on miranda waiver form that he would answer questions without an attorney and that he wanted to talk to a lawyer to be ambiguous C. holding statements i just dont think that i should say anything and i need somebody that i can talk to to be ambiguous rather than assertion of right to remain silent D. holding i might want to talk to an attorney to be ambiguous E. holding do you think i need a lawyer to be ambiguous

assistant: The best answer is A. holding maybe i should talk to a lawyer to be ambiguous
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: concluded that the evidence was insufficient to support the jury verdict in Gagne’s favor. See Gagne v. Severa, 7 Neb. App. xii (cases Nos. A-97-048 and A-97-726, May 6,1998). The judgment entered in Gagne’s favor was reversed, and the cause was remanded with directions to dismiss Gagne’s petition. The Court of Appeals further concluded that their resolution of that issue rendered Gagne’s appeal in case No. A-97-726 moot, and Gagne’s appeal therein was dismissed. Gagne petitioned this court for further review, which petition was granted on September 1, 1998. In that same order, the parties were ordered to provide supplemental briefs on the issue whether the appeals should be dismissed for want of jurisdiction pursuant to State ex rel. Fick v. Miller, 252 Neb. 164, 560 N.W.2d 793 (1997) (<HOLDING>). Prior to oral arguments and after those Options: A. holding that a rehearing order was not final or appealable B. holding that there can be only one final appealable order C. holding that an order awarding attorney fees is not appealable and instead the proper appeal lies from the judgment or amended judgment entered on the order D. holding that order awarding attorney fees in amount to be determined at later date was not final appealable order E. holding panels decision was not final appealable order because the amount of the penalty must be determined here before the ruling as to penalties is final for purposes of judicial review

assistant: The best answer is D. holding that order awarding attorney fees in amount to be determined at later date was not final appealable order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Loan Parties herein and in the certificates or other instruments delivered in connection with or pursuant to this Agreement shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the making of any Loans and issuance of any Letters of Credit, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, any Issuing Bank or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid or any Letter of Credit is outstanding and so long as the Commitments have not expired or terminated. The provisions of Sections 2.18 , 2.19 , 2.20 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Letters of Credit and the Commitments or the termination of this Agreement or any provision hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Other than as set forth in Section 5 of this Agreement, any unvested RSUs shall expire and be forfeited upon the termination of Participant’s Employment for any reason without any consideration and the Participant shall have no further rights thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Warrant Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Warrant Agreement or of any other term or provision hereof; provided, that if such invalid or unenforceable term affects the rights, duties, obligations or liabilities of the Warrant Agent, the Warrant Agent shall be entitled to resign immediately. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto intend that there shall be added as a part of this Warrant Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible and be valid and enforceable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any one or more provisions in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be judicially modified accordingly to make such provision enforceable and if not possible to reasonably do so, such provision shall be deemed excluded from this Agreement. In such case, the balance of this Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and leg, and that he fired shots at Rosado’s wife when she was driving Rosado’s truck. The testimony of these witnesses provides sufficient evidence to support Smith’s firearm conviction under 18 U.S.C. § 924(c). Hoffman also argues that there was insufficient evidence to support his conviction for being a felon in possession of a firearm. Hoffman did not file a Rule 29 motion on this issue and we review for plain error. Powell, 113 F.3d at 466-67. Hoffman argues that there was insufficient evidence to find that he was in possession of the firearm found in the console of his truck after he was arrested for running a red light because it was not within his control. Hoffman’s argument is without merit. See New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981) (<HOLDING>). It follows that none of Hoffman’s contentions Options: A. holding that if firearm is in passenger compartment of vehicle and is accessible it is within control of driver B. holding that after making an arrest of the driver of a vehicle the police may search the passenger compartment of the vehicle C. holding that search of golf bag was not legal as search incident to arrest because it was not in passenger compartment of vehicle or otherwise within arrestees immediate control D. recognizing that permissive search of car compartment incident to arrest is based on the fact that compartment is within reach of the arrestee E. holding police incident to arrest of occupant of automobile may search entire passenger compartment of vehicle

assistant: The best answer is A. holding that if firearm is in passenger compartment of vehicle and is accessible it is within control of driver
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 Credit Party hereby releases, remises, acquits and forever discharges Agent and each of Lenders and their respective employees, agents, representatives, consultants, attorneys, fiduciaries, officers, directors, partners, predecessors, successors and assigns, subsidiary corporations, parent corporations, and related corporate divisions (collectively, the “ Released Parties ”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands, liabilities, obligations, damages and expenses of any and every character, known or unknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, for or because of any matter or things done, omitted or suffered to be done by any of the Released Parties prior to and including the effectiveness of this Agreement, and in any way directly or indirectly arising out of or in any way connected to the Credit Agreement or the Loan Documents (collectively, the “ Released Matters ”). Each Credit Party acknowledges that the agreements in this paragraph are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters.

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 case excerpt and choose the best holding from the options. Case excerpt: in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because drug quantity was not charged in the indictment. Because Talouzi did not raise this argument below, this court’s review is only for plain error. United States v. Pratt, 239 F.3d 640, 646-47 (4th Cir.2001). Talouzi’s 120 month sentence is below the lowest possible statutory maximum in 21 U.S.C.A. § 841(b) (West 1999); thus, the sentence does not violate Apprendi. See Pratt, 239 F.3d 640, 647 n. 3 (assuming “without deciding that the maximum term of imprisonment for a violation of § 841(a) without regard to drug quantity is twenty years”); United States v. Lewis, 235 F.3d 215, 219 (4th Cir.2000) (applying a plain error standard of review); United States v. Kinter, 235 F.3d 192, 201 (4th Cir.2000) (<HOLDING>). We therefore find no plain error in this Options: A. holding that apprendi does not apply to a judges exercise of sentencing discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute B. holding that apprendi does not apply where the defendant was sentenced to less than the statutory maximum C. holding apprendi does not apply to consecutive sentencing D. holding apprendi is not implicated by an application of the sentencing guidelines that increases the sentencing range so long as the sentence imposed does not exceed the statutory maximum E. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 does not apply to a judges exercise of discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute

assistant: The best answer is A. holding that apprendi does not apply to a judges exercise of sentencing discretion within a statutory range so long as a defendants sentence is not set beyond the maximum term specified in the substantive statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you further hereby grant to supercell the unconditional , irrevocable right to use and exploit your name , likeness and any other information or material included in any user content and in connection with any user content , without any obligation to you .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: equipoise in this case. C. The Nature of the Risk Imposed and Foreseeability of the Harm Incurred “[D]uty arises only when one engages in conduct which foreseeably creates an unreasonable risk of harm to others.” Manzek, 888 A.2d at 747. The Court notes that with the benefit of hindsight, an argument can be made that it was foreseeable that those exposed to asbestos on Defendant’s premises would later expose those they came in contact with at home. This, however, is not the test under Pennsylvania law as the Court must look t n, the Pennsylvania Supreme Court prioritized factors other than foreseeability in noting that a motorist injured by a physician’s patient with bad vision was “simply not a foreseeable victim that this court will recognize.” 557 Pa. 340, 733 A.2d 623, 630 (1999) (<HOLDING>). In doing so, the court refused to “stretch Options: A. holding a physician plaintiff did not have a property interest in his clinical access privileges B. recognizing physician assistant as agent of the supervising physician C. holding physician entitled to recover attorneys fees actually paid by malpractice insurer because physician was personally liable in the first instance D. holding physician not liable for injuries sustained by a third party when physician did not notify penndot of his patients poor vision E. holding physician in action based on illegal cavity search to standard of a reasonable physician

assistant: The best answer is D. holding physician not liable for injuries sustained by a third party when physician did not notify penndot of his patients poor vision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each and every one of which shall be deemed an original and all of which together shall constitute one and the same instrument. Each Party may execute this Agreement by facsimile transmission or in Adobe™ Portable Document Format (PDF) sent by electronic mail. Facsimile or PDF signatures of authorized signatories of the Parties shall be deemed to be original signatures, shall be valid and binding upon the Parties, and, upon delivery, shall constitute due execution of this Agreement, provided that such electronic signing and delivery is confirmed in a written paper copy signed by and delivered to each Party promptly following electronic signing and delivery.

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: or fact common to the class.” This standard is not strictly construed: Rule 23(a)(2) has been construed permissively. All questions of fact and law need not be common to satisfy the rule. The existence of shared legal issues with divergent factu or defenses of the representative parties are typical of the claims or defenses of the class.” “Typicality and commonality requirements are similar and tend to merge.” Californians for Disability Rights, Inc. at 346 (N.D.Cal.2008); see also Wal-Mart, 131 S.Ct. at 2551, n. 5. “Under the rule’s permissive standards, representative claims are ‘typical’ if they are reasonably coextensive with those of absent class members; they need not be substantially identical.” Hanlon, 150 F.3d at 1020; see also L.H v. Schwarzenegger, 2007 WL 662463, at *12-13 (<HOLDING>). Although the claims of the purported class Options: A. holding that minor differences among the class are inconsequential and rejecting the defendants assertion that plaintiffs had not shown sufficient evidence that each plaintiff was disabled since the deprivations complained of by plaintiffs affected the entire class B. holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity C. holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint D. holding that where material misrepresentations are made to class members an inference of reliance arises to the entire class E. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members

assistant: The best answer is A. holding that minor differences among the class are inconsequential and rejecting the defendants assertion that plaintiffs had not shown sufficient evidence that each plaintiff was disabled since the deprivations complained of by plaintiffs affected the entire class
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: Trustor hereby authorizes the Beneficiary to file one or more financing or continuation statements, and amendments thereto, relating to all or any part of the Collateral without the signature of Trustor where permitted by law. A photocopy or other reproduction of this Deed of Trust or any financing statement covering the Collateral or any part thereof shall be sufficient as a financing statement where permitted by law. Trustor hereby irrevocably appoints the Beneficiary as Trustor’s attorney-in-fact, with full authority in the place and stead of Trustor and in the name of Trustor or otherwise, from time to time in the Beneficiary’s discretion, to take any action and to execute any instrument which the Beneficiary may deem necessary or advisable to accomplish the purposes of the security interest granted by Trustor herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree and acknowledge that the restrictions contained in Paragraphs 1-8 are reasonable in scope and duration and are necessary to protect the Company. If any provision of Paragraphs 1-8 as applied to any party or to any circumstance is judged by a court to be invalid or unenforceable, the same shall in no way affect any other circumstance or the validity or enforceability of any other provision of this Agreement. If any such provision, or any part thereof, is held to be unenforceable because of the duration of such provision or the area covered thereby, the court making such determination shall have the power to reduce the duration and/or area of such provision, and/or to delete specific words or phrases, and in its reduced form, such provision shall then be enforceable and shall be enforced.

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: The Borrower will comply in all material respects with all Requirements of Law applicable to it or its property, except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Protective Proceedings, and Durable Power of Attorney Act of 1986) which provides a system of limited and general guard-ianships for incapacitated individuals and protective proceedings concerned with management of their estates. See also Super. Ct. Prob. R. 301-334 (governing intervention proceedings). 2 . D.C.Code § 46-404 provides that proceedings to annul a marriage on behalf of a lunatic and certain others may be instituted by a next friend. 3 .Appellant sought to amend his complaint to preclude appellee from making a claim against the decedent's estate because of the terms of a prenuptial agreement. However, the court held that leave of court was not required to amend the complaint because no responsive pleading had been filed. See Wilson v. Wilson, 785 A.2d 647, 649 (D.C.2001) (<HOLDING>). No issue concerning any subsequently filed Options: A. holding that the defendant waived its impropervenue defense where its responsive pleading which asserted the defenses of failure to state facts to state a claim and failure to join a necessary party did not assert the defense of improper venue B. holding that a motion to dismiss was not a responsive pleading under rule 15 C. holding that for purposes of super ct civ r 41b demand is not jurisdictional but an element of the shareholders claim D. holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading E. holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served

assistant: The best answer is E. holding that a motion to dismiss is not a responsive pleading for purposes of super ct civ r 15a which permits a party to amend once as a matter of course before a responsive pleading is served
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: Immediately after giving effect to this Amendment, each of the representations and warranties of the Loan Parties set forth in the Loan Documents shall be true and correct in all material respects (or, with respect to any representation or warranty that is itself modified or qualified by materiality or a “Material Adverse Effect” standard, such representation or warranty shall be true and correct in all respects) with the same effect as if made on the Third Amendment Effective Date, except to the extent such representations and warranties expressly relate to an earlier date, in which case such representations and warranties shall be true and correct in all material respects (or, with respect to any representation or warranty that is itself modified or qualified by materiality or a “Material Adverse Effect” standard, such representation or warranty shall be true and correct in all respects) as of such earlier date.

assistant: Representations
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: took place: [Appellant]: I — I couldn’t believe what was going on. At that point he was a mugger. I’m not going to sign anything from a mugger, somebody who has assaulted me, not once, not twice, but three times; and the third time — you’ve seen the pictures. You’ve seen what I’ve gone through. That’s in evidence. [Prosecutor]: Your Honor, my objection is that the defendant waived his right to testify. This is not a proper time for him to testify. [The court]: Overrule— [Appellant]: I’m just reviewing the evidence for the jury. I’m sorry? [The court]: Overrule the objection. You may proceed. [Appellant]: Thank you. Appellant did not object at trial to the prosecutor’s statement. As such, nothing is preserved for our review. See Johnson v. State, 629 S.W.2d 953, 954 (Tex.Crim.App.1982) (<HOLDING>). We overrule point of error one. LEGAL AND Options: A. holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing for appellate review B. holding that prosecutors comment on defendants failure to testify constituted plain error affecting the defendants substantial rights C. recognizing that the fifth amendment forbids comment by the prosecution on a defendants failure to testify D. holding the prosecutors statements were not an inappropriate comment on the defendants failure to testify but rather a comment on the defendants failure to present convincing evidence to support his defense E. holding that the prosecutors reference to the nonexistence of mitigating evidence was not a comment on the defendants failure to testify

assistant: The best answer is A. holding that failure to object to prosecutors comment on defendants failure to testify preserved nothing 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 legal provision and list the applicable contract clause categories. Provision: Borrower has obtained and delivered, or has caused to be obtained and delivered, to Lender certificates evidencing all of the Policies, with all premiums paid as they become due, reflecting the insurance coverages, amounts and other requirements set forth in this Agreement. No claims are pending with respect to the Property under any of the Policies and, to Borrower’s knowledge, no Person, including Borrower, has done, by act or omission, anything which would impair the coverage of any of the Policies.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that even assuming, arguendo, that defendants’ failure to oppose Keosay’s reduced bail bond increased the danger of significant harm to Ammy, the defendants’ conduct, when viewed in total, was not conscience shocking such as to constitute a violation of substantive due process. Finally, the court concludes that the County defendants are entitled to assert prosecutorial immunity from plaintiff Sophapmysay’s lawsuit. Therefore, the County defendants’ and defendant Driebilbus’s respective motions for summary judgment are granted. IT IS SO ORDERED. 1 . Although the complaint refers to defendant Lori Limits, "Limits’s” actual name is Lori Limoges. Therefore, the court will use Limoges actual name in this opinion but will continue to use "Lori Limits” in the caption to t (1st Cir.) (<HOLDING>), cert. denied, 479 U.S. 828, 107 S.Ct. 107, 93 Options: A. holding that private attorney who acted as courtappointed counsel for child in state juvenile delinquency proceedings was not acting under color of state law B. holding that private doctor under contract with a state prison to provide medical care to prisoners acted under color of state law when he treated inmate C. holding private actors are not acting under the color of state law for the purposes of section 1983 liability D. holding that to prevail on a 1983 claim a plaintiff must allege that the defendant acted under color of state law in other words that there was state action E. holding that courtappointed guardian ad litem for child in child custody dispute did not act under color of state law

assistant: The best answer is A. holding that private attorney who acted as courtappointed counsel for child in state juvenile delinquency proceedings was not acting under color of state law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of Assignor and Assignee covenants and agrees that, at any time and from time to time, it will do, execute, acknowledge, and deliver any and all other acts, deeds, assignments, transfers, conveyances, or other instruments necessary or proper to carry out the assignment and conveyance intended to be made hereby.

assistant: Further Assurances
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: no writ) (officer was recovering employer’s allegedly stolen tools). In cases such as these, the question of the officer’s role is answered by the trier of fact. Blackwell, 909 S.W.2d at 139. Here, however, the facts clearly sfeow that Field had assumed the role of a police officer prior to injuring Mansfield. Mansfield finally asserts that “Field’s detention of Mansfield was no more of an official act than could have been undertaken by any Texas citizen, who has the right to arrest any other person, without a warrant, when the offense is committed in his presence ... if the offense is classed as a felony or as an offense against the public peace.” See Tex.Code Crim.Proc.Ann. art. 14 .01(a) (West 1977); cf. Dunn v. Texas, 979 S.W.2d 403, 409 (Tex.App. — Amarillo 1998, pet. ref d) (<HOLDING>). Although any citizen could have arrested Options: A. holding that generally it is not a violation of arkansas law to repossess a vehicle from the driveway of an owner as long as it can be accomplished without a breach of the peace B. holding immaterial breach did not constitute breach of contract C. holding fraud committed by contractor amounted to material breach justifying governments termination of contract D. holding that criminal trespass can constitute a breach of the peace justifying a citizens arrest of the trespasser E. holding citizens lacked standing to challenge statute when all citizens affected in the same way

assistant: The best answer is D. holding that criminal trespass can constitute a breach of the peace justifying a citizens arrest of the trespasser