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: From time to time and without additional consideration, each Stockholder shall execute and deliver, or cause to be executed and delivered, such additional instruments, and shall take such further actions, as the Company may reasonably request for the purpose of carrying out the intent of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower and the Loan Parties and each other Affiliate for whose taxes the Borrower or any of the Loan Parties could reasonably become liable have timely filed or caused to be filed all Federal income tax returns and all other material tax returns that are required to be filed by them, and have paid all federal and other material taxes shown to be due and payable on such returns or on any assessments made against it or its property and all other taxes, fees or other charges imposed on it or any of its property by any Governmental Authority, except where the same are currently being contested in good faith by appropriate proceedings and for which the Borrower or such Loan Party, as the case may be, has set aside on its books adequate reserves in accordance with GAAP. The charges, accruals and reserves on the books of the Borrower and the Loan Parties in respect of such taxes are adequate, and no tax liabilities that could be materially in excess of the amount so provided are anticipated.

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: The Borrower will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of business of the Borrower and its Subsidiaries, taken as a whole, in good working order and condition, ordinary wear and tear excepted, and (b) maintain with financially sound and reputable carriers insurance in such amounts and against such risks as is customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations. The Borrower will furnish to the Administrative Agent (for distribution to the Lenders), upon request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Tepfer agrees that during the period that he is employed by uSell (or any of its affiliates), and at all times thereafter, he will refrain from making, in writing or orally, any unfavorable comments about any of the Companies, or any of their owners, officers, directors, employees or agents, or their operations, policies, or procedures, cause embarrassment or public humiliation to such persons or otherwise disparage such persons; provided , however , that nothing herein shall preclude Tepfer from responding truthfully to a lawful subpoena or other compulsory legal process or from providing truthful information otherwise required by law.

assistant: Non-Disparagement
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: period permitted a reasonable recoupment of National’s investment. See, e.g., Art Neon Co. v. City and County of Denver, 488 F.2d 118, 122 (10th Cir.1973) (upholding five-year amortization period for outdoor signs as reasonable prior to period's expiration), cert. denied, 417 U.S. 932, 94 S.Ct. 2644, 41 L.Ed.2d 236 (1974); see also Summey Outdoor Advertising, Inc. v. The County of Henderson, 96 N.C.App. 533, 386 S.E.2d 439, 446 (1989) (same), pet. for disc. rev. denied, 326 N.C. 486, 392 S.E.2d 101 (1990); R.O. Givens, Inc. v. Town of Nags Head, 58 N.C.App. 697, 294 S.E.2d 388, 391 (same with respect to five-and-one-half year period), pet. for disc. rev. denied, 307 N.C. 127, 297 S.E.2d 400 (1982); compare La Mesa v. Tweed and Gambrell Mill, 146 Cal. App.2d 762, 304 P.2d 803 (1958) (<HOLDING>). 7 . The ordinance stated in relevant part: Options: A. holding that a sentence of life in prison with the possibility of parole as applied to a threetime offender is constitutional B. holding that economic loss rule precludes recovery of economic damages only in the absence of personal injury or property damage claims C. holding invalid as a taking a fiveyear amortization period applied to building with estimated remaining economic life of 20 years D. holding that the legislative scheme necessarily implied a fiveyear grace period for bringing postconviction challenges E. holding that challenge to expired fiveyear npdes permits originally issued eight years earlier was capable of repetition yet evading review

assistant: The best answer is C. holding invalid as a taking a fiveyear amortization period applied to building with estimated remaining economic life of 20 years
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: 65 . Time, Inc. v. Hill, 385 U.S. 374, 385 n. 9, 87 S.Ct. 534, 17 LEd.2d 456 (1967) ("[Alll libel cases concern public exposure by false matter, but the primary harm being compensated is damage to reputation."). 66 . Restatement (SEcomp) or Torts § 46(1) (1965) (stating that one who engages in extreme and outrageous conduct is liable for emotional distress and any resulting bodily harm). 67 . Frisby v. Schultz, 487 U.S. 474, 484, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988). 68 . Id. at 484, 108 S.Ct. 2495. 69 . Id. at 485, 108 S.Ct. 2495. See also Carey v. Brown, 447 U.S. 455, 470-71, 100 S.Ct. 2286, 65 L.Ed.2d 263 (1980); FCC v. Pacifica Found., 438 U.S. 726, 748, 98 S.Ct. 3026, 57 LEd.2d 1073 (1978); Rowan v. Post Office Dep't, 397 U.S. 728, 737, 90 S.Ct. 1484, 25 L.Ed.2d 736 Cir.1978) (<HOLDING>); Walker v. Dillard, 523 F.2d 3, 4-6 (4th Options: A. holding congress may impose civil and criminal sanctions with respect to the same act or omission B. holding that the appellant has not claimed nor could he successfully do so that it is beyond the power of the congress to impose criminal sanctions on the placement of interstate telephone calls to harass abuse or annoy C. recognizing power of bankruptcy court to impose sanctions on parties and counsel who willfully abuse the judicial process but not finding sanctions appropriate against debtor and his attorney for their repeated bankruptcy filings D. recognizing the federal courts ability to impose inherent power sanctions to the lawyers firm or employer E. recognizing the federal courts ability to impose inherent power sanctions on parties

assistant: The best answer is B. holding that the appellant has not claimed nor could he successfully do so that it is beyond the power of the congress to impose criminal sanctions on the placement of interstate telephone calls to harass abuse or annoy
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 provision of the Plan or any Award Agreement is or becomes or is deemed to be invalid, illegal or unenforceable in any jurisdiction, or as to any person or Award, or would disqualify the Plan or any Award under any law deemed applicable by the Board, such provision shall be construed or deemed amended to conform to applicable laws, or if it cannot be so construed or deemed amended without, in the determination of the Board, materially altering the intent of the Plan or the Award Agreement, such provision shall be stricken as to such jurisdiction, person or Award, and the remainder of the Plan and any such Award Agreement shall remain in full force and effect.

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: In consideration of Executive's performance of the duties set forth in Section 2, the Employer shall provide Executive the compensation specified in this Agreement. The Employer shall pay Executive a salary of $192,000 per year (" Base Salary "). The Base Salary shall be payable semi-monthly, or with such other frequency as officers of the Employer are generally paid. During the term of this Agreement, the Base Salary shall be reviewed at least annually by the Board or by a committee designated by the Board, and the Employer may increase, but not decrease (except for a decrease that is generally applicable to all employees) Executive's Base Salary. Any increase in Base Salary shall become "Base Salary" for purposes of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: had driven as far as he could, but his car would no longer run. Id. The police, accompanied by Rawls, followed a trail of water from what appeared to be a leaking radiator until they ted Appellant also argues that the evidence is legally insufficient to show that he operated a vehicle while intoxicated. A person commits the offense of driving while intoxicated if the person is intoxicated while driving or operating a motor vehicle in a public place. Tex. Penal Code Ann. § 49.04(a). To support a finding that the defendant was intoxicated while operating a motor vehicle, there must be a temporal link between the defendant’s intoxication and his driving. Kuciemba v. State, 310 S.W.3d 460, 462 (Tex.Crim.App.2010). Such a finding can be supported by direct or circumstantial evidence. Id. (<HOLDING>). “Being intoxicated at the scene of a traffic Options: A. holding that conviction can be supported solely by circumstantial evidence B. holding that motive is circumstantial evidence of intent C. recognizing that circumstantial evidence alone can be sufficient to demonstrate a defendants guilt D. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction E. holding that intent and knowledge can be proved by circumstantial evidence

assistant: The best answer is A. holding that conviction can be supported solely by circumstantial evidence
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: Employee will be paid a Base Salary of two hundred seventy-five thousand dollars ($275,000.00) per year subject to normal payroll withholdings, except that Employee will receive fifty (50%) of his Base Salary until the CEO and Board of Directors have determined the Company's liquidity and capitalization position can reasonably support payment of the full amount of the Base Salary. The Company will establish an accrual on its balance sheet for the unpaid portion of the Base Salary. Employee's Base Salary will increase 5% on each anniversary of the Effective Date during the Employment Period.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall pay all Registration Expenses incurred in connection with each registration requested pursuant to this Section 3.5. Renren shall bear such its proportionate share (based upon the total number of shares sold in such registration other than for the account of the Company) of all Selling Expenses incurred in connection with such registration of securities.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable , then all of the preceding language in this arbitration section will be null and void .

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: Except as otherwise provided in this Agreement, including the provisions of Section 9.02(a) , whether or not the Closing takes place, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be paid by the Party incurring such costs and expenses, including any fees, expenses or other payments incurred or owed by a Party to any brokers, financial or legal advisors or comparable other persons retained or employed by such Party in connection with the transactions contemplated by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on appeal, that both the TTCA’s motor-vehicle and its property waivers waived immunity from suit for his claim based on the negligent failure to secure Mark properly in the second patrol car. 1. TTCA’s Motor-Vehicle Waiver For the motor-vehicle waiver to apply, Mark’s death had to “arise[ ] from the operation or use of’ the second police car. Tex. Civ. PRAC. & Rem.Code Ann. § 101.021(1)(A). For the waiver to apply, a nexus must exist between the operation or d 860, 863 (Tex.App.-Austin 2001, pet. denied) ("If the [school bus driver's] act involved only supervision or control [of children passengers], immunity has not been waived, even if the act took place on or near the motor vehicle.”); Amador v. San Antonio State Hosp., 993 S.W.2d 253, 256 (Tex.App.San Antonio 1999, pet. denied) (<HOLDING>). 5 .See Tex. Dep’t of Pub. Safety v. Petta, 44 Options: A. holding that ttca does not waive immunity from suit for claim whose substance is that patients death was caused by hospital staffs failure to restrain patient after having learned that he was suicidal B. holding that claim based on failure to restrain inmate by handcuffing or shackling was allegation of nonuse of property for which ttca did not waive immunity C. holding that a ttca claim based on an officers allegedly negligent use of his service weapon was a claim for intentional tort not negligence D. holding that failure to lock door through which patient escaped and later drowned was nonuse of property for which ttca did not waive immunity E. holding that ttca did not waive immunity for claim based on failure properly to evaluate and to restrain patient who was assaulted by fellow patients after exiting unlocked door

assistant: The best answer is E. holding that ttca did not waive immunity for claim based on failure properly to evaluate and to restrain patient who was assaulted by fellow patients after exiting unlocked door
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: Inc. had a property interest protectable by substantive due process and, therefore, that their Section 1983 claim must fail. IV. The courts should dismiss a Section 1983 complaint once they determine that the complaining party lacks a protect-able liberty or property interest. See, e.g., Dix v. County of Shasta, 963 F.2d 1296, 1301 (9th Cir.1992); Dube v. State Univ. of New York, 900 F.2d 587, 589 (2d Cir.1990). Accordingly, because we have determined that Parks Properties and Columbia Warehouses, Inc. have failed to establish that they had a protectable property interest in constructing the warehouses without automatic sprinklers, we need not reach the issues of Ms. Langsdon’s qualified immunity or damages. American Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. at 61, 119 S.Ct. at 990 (<HOLDING>); Triomphe Inv’rs v. City of Northwood, 49 F.3d Options: A. holding that this lack of any reasonable expectation of continued employment suffices to establish the lack of property in the constitutional sense and hence the lack of a viable due process claim B. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act C. holding that a court need go no further after concluding that a plaintiffs due process claim falters for lack of a property interest D. holding that plaintiffs may have a property interest in real property E. holding that applicants for welfare benefits had a property interest or legitimate claim of entitlement and were entitled to due process to protect that interest

assistant: The best answer is C. holding that a court need go no further after concluding that a plaintiffs due process claim falters for lack of a property interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will reimburse Consultant for reasonable expenses incidental to consulting services provided pursuant to this Agreement, subject to the requirements set forth in this Section 3.2. Requests for reimbursement must be itemized and supported by appropriate documentation (i.e. itemized receipts). Such reimbursable expenses shall include air travel consistent with the Company’s policies and lodging at any of the hotels on the Company’s then-current approved hotel list, which was incurred in connection with providing the consulting services.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: over such proceedings, limited only by the automatic stay, and, if a discharge is granted, by the discharge injunction. In this connection, although the debtor would no doubt be an important witness, it is far from clear that he is a necessary party, since the action, as presently framed, seeks no relief against him, and his only connection to the controversy is that he once owned the property and is the (putative) maker of the deed of trust that was not paid off. But assuming that the debtor is a necessary party, this court has authority to modify the automatic stay to allow him to be made a party, with enforcement of any judgment, to the extent if affects the debtor, to be subject to any plan that may be confirmed. See Robbins v. Robbins (In re Robbins), 964 F.2d 342 (4th Cir.1992) (<HOLDING>). Although the debtor has raised the specter of Options: A. holding that relief from stay may be granted to permit litigation to go forward in a nonbankruptcy forum where 1 only issues of state law involved 2 judicial economy will be promoted 3 the litigation will not interfere with the bankruptcy case and 4 the estate can be protected by requiring that any judgment obtained be enforced only through the bankruptcy court B. holding that the district court lacked jurisdiction to entertain the purported state law claim for violation of the automatic stay and that any such claim could be brought only in bankruptcy court only C. holding that an argument not raised before the bankruptcy court will not be considered for the first time on appeal D. holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added E. holding that the state court may adjudicate the applicability of a bankruptcy injunction to state court litigation

assistant: The best answer is A. holding that relief from stay may be granted to permit litigation to go forward in a nonbankruptcy forum where 1 only issues of state law involved 2 judicial economy will be promoted 3 the litigation will not interfere with the bankruptcy case and 4 the estate can be protected by requiring that any judgment obtained be enforced only through the bankruptcy 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 Borrower has furnished to the Administrative Agent copies of the audited consolidated balance sheet of the Parent Guarantor and its consolidated Subsidiaries for the fiscal year ended December 31, 2011 2015 and the unaudited consolidated balance sheet of the Parent Guarantor and its consolidated Subsidiaries for the quarter ended September 30, 2012 December 31, 2015 , together with (in each case) the related consolidated statements of operations, shareholders’ equity and cash flow for the fiscal quarter ended on such date. Such balance sheet and statements (including in each case related schedules and notes) are complete and correct in all material respects and present fairly in all material respects, in accordance with GAAP consistently applied throughout the applicable periods, the consolidated financial position of the Parent Guarantor and its consolidated Subsidiaries as at the date thereof and the results of operations and the cash flow for such period (subject, in the case of the unaudited statements, to changes resulting from normal year end audit adjustments and the inclusion in the final audited statements of footnotes that were not contained in the unaudited statements). Neither the Parent Guarantor nor any of its Subsidiaries has on the Agreement Date any material contingent liabilities, liabilities, liabilities for taxes, unusual or long-term commitments or unrealized or forward anticipated losses from any unfavorable commitments, except as referred to or reflected or provided for in the foregoing financial statements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without duplication of any obligation of the Borrower under Section 10.2 or Section 10.3, in addition to amounts payable as provided herein, the Borrower hereby agrees to protect, indemnify, pay and save harmless the Issuing Banks from and against any and all claims, demands, liabilities, damages, losses, costs, charges and expenses (including reasonable fees, expenses and disbursements of counsel) which the Issuing Banks may incur or be subject to as a consequence, direct or indirect, of (i) the Issuance of any Letter of Credit by an Issuing Bank, other than as a result of (A) the gross negligence or willful misconduct of such Issuing Bank as determined by a court of competent jurisdiction in a final non-appealable order or (B) the failure by such Issuing Bank to exercise reasonable care when determining whether a proper demand for payment is made under any Letter of Credit Issued by it, or (ii) the failure of an Issuing Bank to honor a drawing under any such Letter of Credit as a result of any Governmental Act. For the avoidance of doubt, this Section 2.4(g) will not apply with respect to Taxes other than any Taxes that represent losses, claims, or damages arising from any non-Tax claim.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: arrest, or “seizure,” has been removed. Dunaway v. New York, 442 U.S. 200, 204, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1979). Therefore, the first step in our inquiry is to determine whether or not Appellant was “seized” within the meaning of the Fourth Amendment. Id. at 206-07, 99 S.Ct. 2248. A law enforcement officer can seize a person by either the use of physical force or a show of authority to which the person submits. California v. Hodari D., 499 U.S. 621, 625, 111 S.Ct. 1547, 113 L.Ed.2d 690 (1991); Johnson v. State, 912 S.W.2d 227, 232 (Tex. Crim. App. 1995). A show of authority occurs when, considering the totality of the circumstances, a reasonable person would have believed he was not free to leave. Michigan v. Chesternut, 486 U.S. 567, 573, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988) (<HOLDING>); United States v. Mendenhall, 446 U.S. 544, Options: A. holding that in determining whether a seizure has occurred a court must consider if in view of all of the circumstances surrounding the encounter a reasonable person would have believed that he or she was not free to leave B. recognizing that a person has been seized within the meaning of the fourth amendment only if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave C. holding that an encounter is a seizure if in view of all of the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave D. holding that a person is seized when a reasonable person would have believed that he was not free to leave E. holding that an individuals liberty is restrained only if in view of all the circumstances surrounding the incident a reasonable person would have believed that he was not free to leave

assistant: The best answer is D. holding that a person is seized when a reasonable person would have believed that he was not free to leave
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: F.Supp. 842 (E.D.Pa.1974): To be sure, there are reasons for requiring the defendant to carry the burden of coming forward and alleging a substantial change. In many cases, the alleged substantial change is perceived only by the defendant who should, therefore, . 219, 491 N.E.2d 33, 36 (1986) (stating that “there is no duty upon plaintiffs in making a prima facie product liability case to eliminate all possible causes of the incident other than the one they alleged” (citation omitted)); Kuhnke v. Textron, Inc., 140 Ariz. 587, 684 P.2d 159, 162 (1984) (ruling that “once a defendant comes forward with some evidence of substantial change, the burden is on the plaintiff to show no substantial change” (citing Southmre)); Hiller v. Kawasaki Motors Corp. U.S.A, 671 P.2d 369, 372 (Alaska 1983) (<HOLDING>); cf. Dutsch v. Sea Ray Boats, Inc., 845 P.2d Options: A. holding there is no authority that provides that the mere sale of a consumer electronics product in california can create a duty to disclose any defect that may occur during the useful life of the product B. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury C. holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control D. holding that the plaintiff must first establish that the product left the sellers hands in a defective condition after which the seller may introduce evidence that its product was substantially altered after leaving its possession which evidence may rebut or overcome the plaintiffs showing that his injuries were a result of the products defect E. holding that a cause of action does not arise in negligence when a product malfunctions or is defective and the malfunction or defect results in damage only to the product itself and produces only economic loss

assistant: The best answer is D. holding that the plaintiff must first establish that the product left the sellers hands in a defective condition after which the seller may introduce evidence that its product was substantially altered after leaving its possession which evidence may rebut or overcome the plaintiffs showing that his injuries were a result of the products defect
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Participant shall not make intentionally disparaging remarks about AB, or issue any communication, written or otherwise, that reflects adversely on or encourages any adverse action against AB, except if testifying truthfully under oath pursuant to any subpoena, order, directive, request or other legal process, or as may be otherwise required by law.

assistant: Non-Disparagement
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 not be applicable to him during the entire period w e facts is consistent with the text of the regulation, with precedent, and with the policy underlying the administration of the salary basis test of “avoiding] the imposition of massive and unanticipated overtime liability.” Auer, 519 U.S. at 461, 117 S.Ct. 905. AFFIRMED. 1 . Initially, plaintiffs claimed the City had imposed a total of four improper suspensions without pay. Two of the four, however, were permissible week-long Monday-to-Friday suspensions, and are, therefore, not relevant to whether the City had a practice of improper deductions. See 29 C.F.R. § 541.118(a) (1998) ("[A]n employee need not be paid for any workweek in which he performs no work.”); Childers v. City of Eugene, 120 F.3d 944, 946 n. 2 (9th Cir.1997) (<HOLDING>). 2 . Plaintiffs contend that their position is Options: A. holding weeklong suspensions do not violate the flsa B. holding that the flsa does not preempt a state law contractual claim that seeks to recover wages for time that is compensable under the contract but not under the flsa C. holding that the flsa preempted plaintiffs fraud claim D. holding under flsa E. holding that the flsa does not preempt state law contract provisions that are more generous than the flsa demands

assistant: The best answer is A. holding weeklong suspensions do not violate the flsa
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: by posting or uploading any user content to viber , you specifically grant us the a non-exclusive , transferable , sub-licensable , royalty-free , worldwide license to use any intellectual property rights for the content that you share publicly on or in connection with our service .

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: Borrower shall keep and maintain all Intellectual Property relating to the use or operation of each Individual Property and all Intellectual Property shall be held by and (if applicable) registered in the name of Borrower. Borrower shall not Transfer or let lapse any Intellectual Property without Lender’s prior consent.

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 legal provision and list the applicable contract clause categories. Provision: Any notice, communication, request, reply or advice (collectively, "Notice" ) provided for or permitted by this Agreement to be made or accepted by either party must be in writing. Notice may, unless otherwise provided herein, be given or served by: (i) delivering the same to such party, or an agent of such party, in person or by commercial courier or personal messenger; (ii) electronic delivery via E-mail (which may include a .pdf, .tif, .gif, .jpeg or similar attachment to the electronic mail message); or (iii) depositing the same into custody of a nationally recognized overnight delivery service such as Federal Express or UPS. Notice given in any of the foregoing manners shall be effective only if and when delivered to (or refusal to accept delivery by) the party to be notified (provided that for electronic delivery, the e-mail is otherwise acknowledged as being received or the sender receives a delivery and/or read confirmation). For the purposes of notice, the addresses of Seller, Buyer, Escrow Holder and Title Company shall, until changed as hereinafter provided, be as set forth in Article 1 . The parties hereto shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by at least one (1) business day prior written notice to the other party.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer .

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: Ann. § 99-39-3 et seq. (Supp.1992). Section 99-39-3 provides that a “[djireet appeal shall be the principal means of reviewing all criminal convictions and sentences, and the purpose of this chapter is to provide prisoners with a procedure, limited in nature, to review those objections, defenses, claims, questions, issues or errors which in practical reality could not be or should not have been raised at trial or on direct appeal.” If any effect is to be given to such legislative intent, the right of a prisoner to challenge his conviction based on subsequent changes in the law must be limited. However, our PCR Act has its own provisions regarding intervening decisions. See Miss.Code Ann. §§ 99-39-5(2) and 99-39-27(9) (Supp.1993). Accordingl .Ct. 1712, 1722, 90 L.Ed.2d 69 (1986) (<HOLDING>). Nixon failed to object to the jury Options: A. holding that where defendant failed to object to facts in psi relating to prior conviction the failure to object constituted an admission B. holding that a defendant may object to the exclusion of members of the defendants own race C. recognizing that we are obligated to reverse where the improper exclusion of evidence places the underlying fairness of the entire trial in doubt or where the exclusion affects the substantial rights of the defendant D. holding that exclusion of potentially qualified members below the grade of e7 was improper E. holding second sentence of a nearly identical exclusion did not limit the scope of the exclusion

assistant: The best answer is B. holding that a defendant may object to the exclusion of members of the defendants own race
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 information submitted by Borrower to Agent including, but not limited to, all financial statements, rent rolls, reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are accurate, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Property or any portion thereof or the business operations and/or the financial condition of Borrower or Guarantor. Borrower and Guarantor have disclosed to Agent all material facts and have not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be 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 legal provision and list the applicable contract clause categories. Provision: Each capitalized term which is defined in the Credit Agreement, but which is not defined in this Fifth Amendment, shall have the meaning ascribed such term in the Credit Agreement. Unless otherwise indicated, all section and schedule references in this Fifth Amendment refer to sections or schedules of the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the plaintiff without affecting the cause of action.”). The November 6, 2014 order does not resolve any of the opt-in plaintiffs’ claims on the merits and acknowledges that those individuals remain free to file their own FLSA actions. In addition, the dismissal of Halle’s collective action allegations is not a final, appealable decision under § 1291. Although that decision arose in the context of a motion to dismiss rather than a mo tion to decertify, it results in a complaint that no longer alleges a collective action. Our decision in Camesi therefore controls: such an order is interlocutory and does not provide a basis for an immediate appeal under § 1291. Camesi, 729 F.3d at 245; see also, e.g., In re: Complaint of Ingram Barge Co., 517 F.3d 246, 247 (5th Cir. 2008) (per curiam) (<HOLDING>). Because the decertification is separate from, Options: A. holding that the court did not have appellate jurisdiction under 1291 or 1292a3 because the district courts order striking class action allegations did not settle parties rights B. holding that district courts do not have appellate jurisdiction over state courts C. holding that when dismissal of an appeal will have the practical effect of denying later review of a district courts order appellate jurisdiction under 1291 may be appropriate D. holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 E. holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

assistant: The best answer is A. holding that the court did not have appellate jurisdiction under 1291 or 1292a3 because the district courts order striking class action allegations did not settle parties rights
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: 139 L.Ed.2d 300 (1997).’ “Samra v. State, 771 So.2d 1108, 1112 (Ala.Crim.App.1999). “No doubt that with additional time and money Brunson and McKinnon could have done soniething more or different. The same could be said after any trial where a capital defendant was found guilty and sentenced to death, but ‘perfection is not the standard of effective assistance.’ Waters v. Thomas, 46 F.3d 1506, 1514 (11th Cir.1995). Mr. Brunson and Mr. McKinnon faced a daunting task defending Dunaway and both testified they spent far more hours preparing for Dunaway’s case than they were given compensation. The cap on personal compensation did not lessen Brunson’s and McKinnon’s vigor or zeal in their preparation arid presentation at Dunaway’s trial. See Bui v. State, 717 So.2d 6, 15 (Ala.Crim,App.1997) (<HOLDING>). “Based on this Court’s review of the record Options: A. holding we reject the notion that alabamas statutory scheme for compensating attorneys in capital cases in and of itself denies a defendant effective representation B. holding that alabamas capital sentencing scheme which utilizes a factfinding jury remains constitutional under hurst C. holding that under section 27702 each defendant under sentence of death is entitled as a statutory right to effective legal representation by the capital collateral representative in all collateral relief proceedings D. holding teague applies to capital cases E. holding that even capital prisoners have no constitutional right to counsel in habeas cases

assistant: The best answer is A. holding we reject the notion that alabamas statutory scheme for compensating attorneys in capital cases in and of itself denies a defendant effective representation
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)Unless previously terminated, (i) the Term Commitments shall automatically terminate on the Second Refinancing Facility Agreement Effective Date and (ii) the Revolving Commitments shall automatically terminate on the Revolving Maturity Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Company shall pay to the Executive a base salary (the “ Base Salary ”) at the rate of $250,000 per calendar year, less applicable deductions. The Base Salary shall be reviewed for increase by the Board no less frequently than annually and may be increased in the discretion of the Board, and any such adjusted Base Salary shall constitute the “Base Salary” for purposes of this Agreement. The Base Salary shall be paid in substantially equal installments in accordance with the Company’s regular payroll procedures.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall be entitled to 22 paid vacation days for each calendar year (reduced pro rata for any partial year), of which at least 10 days (reduced pro rata for any partial year) must be taken consecutively. Vacation may be accrued in accordance with the Bank’s policy. The date or dates of vacation shall be determined by the Executive and the President of the Bank, and will be subject to the business requirements of the Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has made available to Parent prior to the date of this Agreement true, correct and complete copies of the Company’s director and officer insurance policies. The insurance policies held by the Company provide adequate coverage for all normal risks incident to the business of the Company and its Subsidiaries and their respective properties and assets, except for any such failures to maintain such policies that would not, individually or in the aggregate, reasonably be likely to have a Company Material Adverse Effect. Each such policy is in full force and effect and all premiums due with respect to all such policies have been paid, with such exceptions that would not, individually or in the aggregate, reasonably be likely to have a Company Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, this Agreement or the Transactions (whether brought by any party or any of its Affiliates or against any party or any of its Affiliates, but excluding matters determined by the Accounting Firm pursuant to Section 2.11 or Section 2.14 ) shall be brought in the Delaware Chancery Court or, if such court shall not have jurisdiction, any federal court located in the State of Delaware or other Delaware state court, and each of the parties hereby irrevocably consents to the jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by law, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Process in any such suit, action or proceeding may be served on any party anywhere in the world, whether within or without the jurisdiction of any such court. Without limiting the foregoing, each party agrees that service of process on such party as provided in Section 14.01 shall be deemed effective service of process on such party.

assistant: Jurisdictions