flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defendants had at that time under the franchise agreement. Upon discovering defendants’ underreporting scheme, however, plaintiff served defendants with a notice of termination at which time defendants’ rights under the franchise agreement were extinguished. It is undisputed that plaintiff had terminated the franchise agreement long before defendants had submitted the purported transfer to plaintiff for its approval. At that point in time when defendants attempted to transfer the franchise, in May of 1998, the Court finds that defendants had “no right to continue operating the franchise or to transfer it for value.” Dunkin’ Donuts of America, Inc. v. Middletown Donut Corp., 100 N.J. 166, 495 A.2d 66, 72 (1985); see also KFC Corp. v. Goldey, 714 F.Supp. 264, 266 (W.D.Ky. 1989) (<HOLDING>). Moreover, the Court finds that defendants’ Options: A. holding age discrimination claim barred B. holding that challenge to state proceeding was barred by younger even if it was not barred by rookerfeldman C. recognizing that although civil conspiracy is a separate actionable tort a conspiracy claim is barred where the underlying tort is barred by the applicable statute of limitations D. holding disability discrimination claim barred E. holding that franchisee is barred from selling a terminated franchise agreement

assistant: The best answer is E. holding that franchisee is barred from selling a terminated franchise agreement
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: yield of money is approximately two percent); O’Shea v. Riverway Towing Co., 677 F.2d 1194, 1199 (7th Cir.1982) (Posner, J.) ("In periods when no inflation is anticipated, the risk-free interest rate is between one and three percent.”); id. at 1200 (indicating that one-half percent is "lower than most economists believe [the real rate of interest on safe investments] to be for any substantial period of time”); Feldman v. Allegheny Airlines, Inc., 382 F.Supp. 1271, 1293-94 (D.Conn.1974) (explaining that: an inflation-adjusted discount rate should be used; the rate should be about two percent during stable periods of low inflation; and it should be approximately one and one-half percent when inflation is high and/or unpredictable); see also Pfeifer, 462 U.S. at 548-49, 103 S.Ct. at 2556 (<HOLDING>); Culver v. Slater Boat Co., 722 F.2d 114, 122 Options: A. holding that a trial court using a real growth rate of between one and three percent will not be reversed if it explains its choice B. holding that a four percent error rate constitutes substantial compliance with a statute C. holding that a 50 percent error rate would constitute a substantial risk of erroneous deprivation D. holding that where the proper rate of interest was eight percent but the court ordered six percent movant had waived right to higher rate by not raising the issue earlier in its petition for review E. holding that district court did not abuse its discretion in awarding prejudgment interest at the colorado statutory rate of 8 percent

assistant: The best answer is A. holding that a trial court using a real growth rate of between one and three percent will not be reversed if it explains its choice
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: to the maximum extent permitted by applicable law , you and under armour agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class , consolidated or representative action .

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 BORROWER AND THE CREDITOR PARTIES MUTUALLY AND IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of March 31, 2017 (“Retirement Date”), Executive’s employment with the Company, service as Executive Vice President - General Counsel, Corporate Development and Human Resources of the Company and in any and all other positions with the Company that Executive holds shall terminate (including, but not limited to, as Corporate Secretary of the Company and as an officer or director of any subsidiary of the Company, and being a member on all committees including the AutoNation Business Ethics and Risk Committees). On the next regularly scheduled payroll date following the Retirement Date, the Company will pay to Executive: (a) all wages earned through the Retirement Date and (b) any accrued and unused vacation as of the Retirement Date paid in accordance with the applicable Paid Time-Off Policy. Except as set forth herein, Executive acknowledges that the Company owes no other bonuses, commissions, wages, vacation pay, sick pay, or benefits to Executive as of the Retirement Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a breach or threatened breach by Employee of this Article 5, Employee agrees that the Company, in addition to and not in limitation of any other rights, remedies, or damages available to the Company at law or in equity, shall be entitled to a preliminary and a permanent injunction in order to prevent or restrain any such breach by Employee or by Employee’s partners, agents, representatives, servants, employers, employees, and/or any and all persons directly or indirectly acting for or with Employee. Employee agrees to be responsible for all of the Company’s costs associated with the filing and prosecuting the injunctive relief claim in accordance with this paragraph 7.2.

assistant: Remedies
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: Use the proceeds of the Credit Extensions for general corporate purposes not in contravention of any Law or of any Loan Document, including (a) in the case of the Initial Credit Extension, (i) to refinance in part amounts outstanding under the Existing Credit Agreement and (ii) to pay fees, costs and expenses in connection with the Transactions and (b) in the case of Credit Extensions on or after the Closing Date, (i) for providing working capital to the Borrowers and its Subsidiaries, (ii) for financing capital expenditures and Permitted Acquisitions and (iii) for other lawful corporate purposes; provided that (A) no part of the proceeds of the Loans made to the Borrowers hereunder will be used to purchase or carry any such Margin Stock or to extend credit to others for the purpose of purchasing or carrying any such Margin Stock or for any purpose that violates the provisions of Regulation T, U or X of the FRB and no part of the proceeds of any Loan or Letter of Credit will be used, directly or indirectly, to fund or finance any transaction that is prohibited by Sanctions or in any manner which would result in the Parent Borrower or any of its Subsidiaries being in breach of Sanctions or becoming a Restricted Party, or in any other manner that would result in a violation of Sanctions by any Person, and (B) that no part of the proceeds of any Loan or Letter of Credit will be used, directly or indirectly, for any purpose which would breach any Anti-Corruption and Anti-Money Laundering Law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will do or cause to be done all things necessary to (a) preserve, renew and keep in full force and effect its legal existence and (b) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except as could not reasonably be expected to have a Material Adverse Effect. Borrower shall (a) solely operate in its current lines of business, which is limited to the ownership, management and operation of the Mortgage Borrowers and their related Properties, (b) maintain the scope and nature of its business objectives, purposes or operations and (c) undertake or participate in activities solely related to the continuance of its present business, in each case in compliance with the Single Purpose Entity Requirements. Borrower shall cause Mortgage Borrower to comply with Section 5.03 of the Mortgage Loan Agreement.

assistant: Existence
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: service contracts : the cancellation right expires earlier if the service has been fully performed by us , the performance of the service began with your prior express consent , and you acknowledged that you lose your right of cancellation once the contract has been fully performed .

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: Interest hereunder shall be due and payable on the last Business Day of each month during the term hereof (each a “ Payment Date ”), commencing on October 31, 2018. Bank shall, at its option, charge such interest, all Bank Expenses, and all Periodic Payments against any of Borrower’s deposit accounts. Any interest not paid when due shall be compounded by becoming a part of the Obligations, and such interest shall thereafter accrue interest at the rate then applicable hereunder. All payments shall be free and clear of any taxes, withholdings, duties, impositions or other charges, to the end that Bank will receive the entire amount of any Obligations payable hereunder, regardless of source of payment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that the initial Closing shall not have occurred with respect to the Buyers on or before thirty (30) business days from the date hereof due to the Company's or the Buyer's failure to satisfy the conditions set forth in Sections 5 and 6 above (and the non-breaching party's failure to waive such unsatisfied condition(s)), the non-breaching party shall have the option to terminate this Agreement with respect to such breaching party by providing five (5) days' written notice to such breaching party of the non-breaching party's intent to terminate this Agreement (and if the non-breaching party is the Buyer, to also withdraw its subscription) at the close of business on such date without liability of any party to any other party.

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 case excerpt and choose the best holding from the options. Case excerpt: agreed that there are no genuine issues of material fact precluding the Court from deciding whether Per-ea’s truck was an active accessory to the accident and that the Court should decide this factor. See id. at 30:16-22. LAW REGARDING UNINSURED MOTORIST COVERAGE The Supreme Court of New Mexico has adopted a three-part test to determine if a motorist’s injuries, resulting from an intentional tort, arise out of the ownership, maintenance, or use of an uninsured vehicle, thus .qualifying for coverage under an uninsured motorist policy. See Britt v. Phoenix Indem. Ins. Co., 120 N.M. at 818-819, 907 P.2d at 999-1000 (adopting a three-part test articulated by the supreme courts of Colorado and Minnesota); State Farm Mut. Auto. Ins. Co. v. Blystra, 86 F.3d 1007, 1011 (10th Cir.1996) (<HOLDING>) (citation omitted). Britt teaches that “a Options: A. recognizing that britt embraced a threepart test for deciding uninsured motorist coverage issues B. recognizing the economic realities test C. recognizing that a motorist can withdraw consent D. recognizing the test for business nexus is distinct from transactional nexus and its test for dissociation E. recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results

assistant: The best answer is A. recognizing that britt embraced a threepart test for deciding uninsured motorist coverage issues
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Effective Date, all written reports, certificates or other written information (other than estimates and information of a general economic nature) concerning the Borrower and its Subsidiaries and any transactions contemplated hereby prepared by or on behalf of the foregoing or their representatives and made available to any Lender or the Administrative Agent in connection with the transactions contemplated hereby on or before the date hereof (the “ Information ”), when taken as a whole, as of the date such Information was furnished to the Lenders and as of the Effective Date, did not contain any untrue statement of a material fact as of such date or omit to state a material fact necessary to make the statements therein, taken as a whole, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Borrower represents only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time when prepared, it being recognized by the Lenders that such projections and other information regarding future events are not to be viewed as fact and that actual results or developments during the period or periods covered may differ from the delivered projections and other prospective information and such differences may be material and that such projected financial information is not a guarantee of financial performance.

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: This Agreement may be executed in two or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission or electronic mail in .pdf or similar format shall constitute effective execution and delivery of this Agreement as to the parties. For purposes of this Agreement any reference to “written” or “in writing” shall be deemed to include correspondence by signed letter or facsimile or by e-mail.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Michael Wayne Hunter (“Hunter”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a). As the parties are familiar with the facts, we recite them only as necessary to explain our decision. We affirm. We assume, without deciding, that the state trial court erre S.Ct. 2906, 97 L.Ed.2d 336 (1987) (<HOLDING>); Kansas v. Cheever, — U.S. -, 134 S.Ct. 596, Options: A. holding that the fifth amendments protection against selfincrimination is applicable to the states through the fourteenth amendment B. holding that a defendant who asserts a diminished capacity defense through the testimony of an examining psychiatrist waives his or her fifth amendment privilege against selfincrimination as to any statements made to the psychiatrist C. holding that juveniles request to call parent is assertion of fifth amendment privilege against selfincrimination D. holding that defendants exercise of right to testify in own behalf waives his fifth amendment privilege against selfincrimination E. holding that sixth amendment was violated by admissions made to state psychiatrist because the court ordered the sessions to determine competency

assistant: The best answer is B. holding that a defendant who asserts a diminished capacity defense through the testimony of an examining psychiatrist waives his or her fifth amendment privilege against selfincrimination as to any statements made to the psychiatrist
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any one or more of the provisions contained in this Mortgage shall for any reason be held to be inapplicable, invalid, illegal, or unenforceable in any respect, such inapplicability, invalidity, illegality or unenforceability shall not affect any other provision of this Mortgage, but this Mortgage shall be construed as if such inapplicable, invalid, illegal or unenforceable provision had never been contained herein.

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 written notices provided for in these Performance Based Restricted Stock Award Terms or the Plan shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by fax or overnight courier, or by postage paid first class mail. Notices sent by mail shall be deemed received three business days after mailing but in no event later than the date of actual receipt. Notices shall be directed, if to the Participant, at the Participant’s address indicated by the Company’s records, or if to the Company, at the Company’s principal executive office.

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: not the courts, to consider. Our supreme court has repeatedly held that the determination of public policy lies almost exclusively with the legislature, and the courts will not interfere with that determination in the absence of palpable errors. State Farm Mut. Auto. Ins. Co. v. Henderson, 356 Ark. 335, 150 S.W.3d 276 (2004) (citations omitted). Therefore, Guerrero’s arguments are more appropriately addressed to the legislature, not the appellate court. See id. We also note that, even were we to agree with Guerrero, and if we had the ability to expand the intentional-tort exception, Guerrero is barred from pursuing a tort claim against OK Foods because he has already accepted workers’ compensation benefits. See Gourley v. Crossett Pub. Sch., 333 Ark. 178, 968 S.W.2d 56 (1998) (<HOLDING>). We therefore affirm. Affirmed. Glover and Options: A. recognizing that an appellants tort claim was barred by the doctrine of election of remedies where the appellant had previously pursued and recovered workers compensation benefits for the same injury B. recognizing a tort action when employee was dismissed for filing a workers compensation claim C. recognizing retaliatory discharge tort implied by the workers compensation act D. recognizing that a workers compensation insurer is responsible for covering any injury caused by the treatment of an industrial injury E. holding that the trial courts authority to initiate workers compensation benefits before the final adjudication was not divested by the legislature and was consistent with the stated purpose of the workers compensation act

assistant: The best answer is A. recognizing that an appellants tort claim was barred by the doctrine of election of remedies where the appellant had previously pursued and recovered workers compensation benefits for the same injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: drug offenses of possession with intent to sell. § 775.084(1)(a)(3), Fla. Stat. (2003); Burgess v. State, 854 So.2d 754 (Fla. 2d DCA 2003); McCray v. State, 769 So.2d 1123 (Fla. 2d DCA 2000). We therefore strike the habitual felony offender designation on the sentence for count four (possession of cannabis with intent to sell). Second, we agree with Jones’s argument that the judgment contains a scrivener’s error showing that he was convicted sly imposed certain costs and fines at sentencing. The $150 assessed for prosecution costs and the $130 assessed for investigative costs under section 938.27, Florida Statutes (2003), must be stricken because there was no request for the costs or documentation in the record to support them. See James v. State, 898 So.2d 1161 (Fla. 2d DCA 2005) (<HOLDING>). The $50 fine imposed under section 775.083, Options: A. holding that a sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion by the trial court B. holding that costs including attorneys fees imposed by a mexican court did not constitute a penalty C. holding that absent evidence to the contrary court proceedings are presumed to be procedurally proper D. holding that the trial court erroneously imposed costs of prosecution and investigation absent proper requests and supporting documentation E. holding that moving costs are a proper element of damages

assistant: The best answer is D. holding that the trial court erroneously imposed costs of prosecution and investigation absent proper requests and supporting documentation
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 and all notices or other communications or deliveries to be provided by the Holder hereunder shall be in writing and delivered personally or sent by a nationally recognized overnight courier service, addressed to the Company at 1901 N Moore St, Suite 700, Arlington, VA 22209, attention: Chief Executive Officer, or such other address or facsimile number as the Company may specify for such purposes by notice to the Holder delivered in accordance with this Section. Any and all notices or other communications or deliveries to be provided by the Company hereunder shall be in writing and delivered personally, by facsimile, sent by a nationally recognized overnight courier service addressed to the Holder at the facsimile, telephone number or address of such Holder appearing on the books of the Company, or if no such facsimile telephone number or address appears, at the principal place of business of the Holder. Any notice or other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile telephone number specified in this Section prior to 5:30 p.m. (New York City time), (ii) the date after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile telephone number specified in this Section later than 5:30 p.m. (New York City time) on any date and earlier than 11:59 p.m. (New York City time) on such date, (iii) the second Business Day following the date of mailing, if sent by nationally recognized overnight courier service, or (iv) upon actual receipt by the party to whom such notice is required to be given.

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: this indemnification only applies to credit card reservations made using booking.com 's secure server and the unauthorised use of your credit card resulted through our default or negligence and through no fault of your own while using the secure server .

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: Any notice under the Award Documentation shall be in writing addressed (i) if to the Company, to the attention of the Company’s General Counsel at 8735 Henderson Road, Renaissance Two, Tampa, Florida 33634, or if the Company should move its principal office, to such principal office and (ii) if to Participant, to Participant’s last permanent address as shown on the Company’s records, or to such other address as may be designated in a notice satisfying the requirements of this Section 15. Any notices shall be delivered personally or sent by registered or certified mail, postage prepaid, by facsimile (with proof of transmission), by courier (with proof of delivery) or by such other methods that are acceptable to the Company. Notice shall be deemed to have been duly given when delivered personally or when deposited in the United States mail or sent pursuant to such other method acceptable to the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT AND THE OTHER LOAN DOCUMENTS AND ANY CLAIMS, CONTROVERSY, DISPUTE OR CAUSE OF ACTION (WHETHER IN CONTRACT OR TORT OR OTHERWISE) BASED UPON, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY AND THEREBY SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 153, 156 (Tex.App.—Houston [1st Dist.], writ denied); Terra Int'l Inc., 829 S.W.2d at 273; Lay v. Aetna Ins. Co., 599 S.W.2d 684, 686-87 (Tex.Civ.App.—Austin 1980, writ ref'd n.r.e.). 28 . 852 S.W.2d 252 (Tex.App.—Dallas 1993, writ denied). 29 . Id. at 256. 30 . Id. at 254. 31 . To the extent that the Dallas Court’s analysis of "property damage” does relate to the misrepresentation claims, we disagree with it. Also, while we do not address the issue, we note that the Ninth Circuit has held that an insured's policy provides no coverage even if tort claims are alleged, as long as the claims, as here, are based on a contract. Chamberlain v. Allstate Ins. Co., 931 F.2d 1361, 1365 (9th Cir.1991). 32 . See State Farm Fire & Casualty Co. v. Brewer, 914 F.Supp. 140, 142-43 (S.D.Miss.1996) (<HOLDING>); Allstate Ins. Co. v. Morgan, 806 F.Supp. Options: A. holding that a similar exclusion denies coverage for property damage to the particular part of the real property that is the subject of the insureds work at the time of the damage if the damage arises out of those operations B. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage C. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did D. holding that property damage occurred when homeowners noticed damage not when house was improperly constructed E. holding that a partys responsibility for damage from any cause included damage cause by the indemnitee

assistant: The best answer is C. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did
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 Plan, each award hereunder and the related Agreement, and all determinations made and actions taken pursuant thereto, to the extent not otherwise governed by the Code or the laws of the United States, shall be governed by the laws of the State of Maryland and construed in accordance therewith without giving effect to principles of conflicts of laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: RRL and the Bank, at RRL’s expense, further agree to deliver to one another, such other releases or instruments of termination as the other party may reasonably request, in order to fully effectuate the purposes of this Termination.

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 Holder hereby represents and warrants to TPB that it owns exclusively, beneficially and of record and has good, valid and marketable title to the Options free and clear of any security interest, lien, claim, pledge, proxy, option, right of first refusal, agreement, voting restriction, limitation on disposition, charge, adverse claim of ownership or use or other encumbrance of any kind and has the full right, power and authority to take the actions contemplated by this Agreement with respect to such Options, and the Holder does not own, directly or indirectly, any options to purchase common units of Intrepid other than such Options.

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 legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LEGAL REQUIREMENTS, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO ANY LOAN DOCUMENT, THE TRANSACTIONS OR THE OTHER TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 10.10 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower will (a) keep, and cause each of its Restricted Subsidiaries to keep, true and accurate records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all Taxes (including income Taxes), depreciation, depletion, obsolescence and amortization of its properties and the properties of its Restricted Subsidiaries, contingencies, and other reserves.

assistant: Records
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: Take such action and execute, acknowledge and deliver, and cause each of its Subsidiaries to take such action and execute, acknowledge and deliver, at its sole cost and expense, such agreements, instruments or other documents as any Agent may reasonably require from time to time in order (i) to carry out more effectively the purposes of this Agreement and the other Loan Documents, (ii) to subject to valid and perfected first priority Liens any of the Collateral or any other property of any Loan Party and its Subsidiaries, (iii) to establish and maintain the validity and effectiveness of any of the Loan Documents and the validity, perfection and priority of the Liens intended to be created thereby, and (iv) to better assure, convey, grant, assign, transfer and confirm unto each Secured Party the rights now or hereafter intended to be granted to it under this Agreement or any other Loan Document. In furtherance of the foregoing, to the maximum extent permitted by applicable law, each Loan Party (i) authorizes each Agent to execute any such agreements, instruments or other documents in such Loan Party's name and to file such agreements, instruments or other documents in any appropriate filing office, (ii) authorizes each Agent to file any financing statement required hereunder or under any other Loan Document, and any continuation statement or amendment with respect thereto, in any appropriate filing office without the signature of such Loan Party, and (iii) ratifies the filing of any financing statement, and any continuation statement or amendment with respect thereto, filed without the signature of such Loan Party prior to the date hereof.

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: Any renewal, extension, increase, modification, alteration or rearrangement of all or any part of the Guaranteed Obligations, the Note, the Pledge Agreement, the Loan Agreement, the Assumption Agreement, the other Loan Documents or any other document, instrument, contract or understanding between Borrower and Lender or any other parties pertaining to the Guaranteed Obligations or any failure of Lender to notify Guarantors of any such action.

assistant: Modifications
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: 136 F.3d at 1432. Relevant considerations to determine if an environment is objectively hostile include: “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Faragher v. City of Boca Raton, 524 U.S. at 787-88, 118 S.Ct. 2275 (quoting Harris v. Forklift Systems, Inc., 510 U.S. at 21, 114 S.Ct. 367)(internal citations and quotations omitted). Again, Gerald alleges essentially four incidents in support of his hostile work environment claim: he contends that Locksley threatened him, that Locksley attacked him, that Locksley treated black coaches worse than white coaches, and that the Krebs discouraged Gerald from 1994)(<HOLDING>), cert. denied, 516 U.S. 826, 116 S.Ct. 92, 133 Options: A. holding that racial discrimination is not a personal injury tort B. holding that the use of racial slurs and menacing remarks constitute severe conduct C. recognizing that the distinction between national origin and racial discrimination is an extremely difficult one to trace and holding that plaintiffs allegations of racial discrimination were sufficient to survive a motion to dismiss D. holding that conduct occurring after the formation of an employment contract could not be racial discrimination under 1981 E. holding that only two overtly racial comments and one arguably racial remark over the course of the plaintiffs eight years of employment did not constitute pervasive conduct

assistant: The best answer is E. holding that only two overtly racial comments and one arguably racial remark over the course of the plaintiffs eight years of employment did not constitute pervasive conduct
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 may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means. Grantee hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or a third party designated by the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Release or the application thereof is held invalid, the invalidity shall not affect the other provisions or applications of this Release which can be given effect without the invalid provisions or applications and to this end the provisions of this Release are declared to be severable.

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: During the Employment Term, Executive hereby consents to any and all reasonable and customary uses and displays, by Company and its agents, representatives and licensees, of Executive’s name, voice, likeness, image, appearance and biographical information in, on or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs and advertising, other advertising and publicity, sales and marketing brochures, books, magazines, other publications, CDs, DVDs, tapes and all other printed and electronic forms and media throughout the world, at any time during the period of Executive’s employment by Company, for all legitimate commercial and business purposes of Company (“ Permitted Uses ”), without royalty, payment or other compensation to Executive.

assistant: Publicity
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: `` we , '' `` our , '' and `` us '' includes microsoft , skype ( see section 10 ) and microsoft 's affiliates and , if you use skype pay by mobile , your mobile phone carrier .

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: during the sentencing hearing. United States v. Polar, 369 F.3d 1248, 1255 (11th Cir.2004). Furthermore, the Guidelines provide that, in determining any sentene-ing-related factual dispute, “the court may consider relevant information without regard to its admissibility under the rules of evidence applicable at trial, provided that the information has sufficient indicia of reliability to support its probable accuracy.” U.S.S.G. § 6A1.3(a); see also United States v. Baker, 432 F.3d 1189, 1254 n. 68 (11th Cir.2005) (concluding that, post-Booker, a sentencing court may still rely on “reliable hearsay”). We will not disturb the district judge’s credibility finding unless a witness’s testimony is unbelievable on its face. See United States v. Calderon, 127 F.3d 1314, 1325 (11th Cir.1997) (<HOLDING>) (internal quotation marks omitted). Moreover, Options: A. holding as a matter of law that the plaintiff could not recover for libel to his person for the reason that the articles referred to no person who could possibly be identified as him B. holding that it is not C. holding that trial court erred in prohibiting discovery or testimony from a witness it deemed an expert when appellant merely sought to discover facts that were observed by the witness D. holding that a witnesss testimony is incredible as a matter of law if the witness testifies as to facts that the witness could not have possibly observed or events that could not have occurred under the laws of nature E. holding that testimony is incredible as a matter of law when it is unbelievable on its face and relates to facts that the witness physically could not have possibly observed or events that could not have occurred under the laws of nature

assistant: The best answer is E. holding that testimony is incredible as a matter of law when it is unbelievable on its face and relates to facts that the witness physically could not have possibly observed or events that could not have occurred under the laws of nature
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 346 U.S. 324 73 S.Ct. 1178 97 L.Ed. 1634 Julius ROSENBERG and Ethel Rosenbergv.UNITED STATES of America. No, ____. Special Term 1953. Supreme Court of the United States June 19, 1953 djQ PER CURIAM. The motion for reconsideration of the question of the Court's power to vacate Mr. Justice DOUGLAS' stay order and hear oral argument is denied. djQ Mr. Justice BLACK, dissenting. Mr. Justice FRANKFURTER desires that it be noted that he too would deny the motion to reconsider the power of this Court to review Mr. Justice DOUGLAS' order to stay the execution, but not because he thinks the matter is free from doubt. See his dissenting opinion in Ex parte Republic of Peru, 318 U.S. 578, 590, 63 S.Ct. 793, 800, 87 L.Ed. 1014, in connection with Lambert v. Barrett, 157 U.S. 697, 15 S.Ct. 722, 39 L.Ed. 865, and Carper v. Fitzgerald, 121 U.S. 87, 7 S.Ct. 825, 30 L.Ed. 882. Lemke v. United States [74SCt1,346US325,98LEd3] 74 S.Ct. 1 346 U.S. 325 98 L.Ed. 3 LEMKE v. UNITED STATES. No. 109. Oct. 12, 1953. PER CURIAM. 1 This case is here on a petition for certiorari to the Court of Appeals for the Ninth Circuit, which dismissed an appeal as premature. Rule 37(a)(2) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., provides that 'An appeal by a defendant may be taken within 10 days after entry of the judgment or order appealed from * * *.' On March 10, 1952, petitioner was sentenced to six months in jail after a jury verdict finding him guilty of violating § 65—5 81 of the Alaska Compiled Laws Ann. 1949. On March 11, 1952, petitioner filed his notice of appeal. The judgment, however, was not entered until March 14, 1952. Since no notice of appeal was filed after that time, the appeal was dismissed as premature, Judge Pope dissenting. 2 The notice of appeal filed on March 11 was, however, still on file on March 14 and gave full notice after that date, as well as before, of the sentence and judgment which petitioner challenged. We think the irregularity is governed by Rule 52(a) which reads 'Any error, defect, irregularity or variance which does not affect substantial rights shall be disregarded.' 3 Accordingly we grant the petition for certiorari, reverse the judgment below, and remand the case for further proceedings consistent with this opinion. 4 The CHIEF JUSTICE took no part in the consideration or decision of this case.

assistant: 1
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would foster suspicion and distrust and risk erosion of the public’s confidence in the integrity of our jury system. Allowing the spouse of the prosecutor to serve as the bailiff in charge of the jury could lead some with cynical minds to believe that the jury could have been improperly influenced in some manner. We wish to emphasize that there is absolutely nothing in the record to remotely suggest that the bailiff actually attempted to influence the jury in any manner. However, whether any tampering or attempted tampering took place is irrelevant. It is the appearance of the opportunity for such influence that is determinative.” State v. Wilson, 314 N.C. 653, 656, 336 S.E.2d 76, 77 (1985)(some emphasis added). See also State v. Mettrick, 305 N.C. 383, 385, 289 S.E.2d 354, 356 (1982)(<HOLDING>). Similarly to the sentiment expressed in these Options: A. holding that with respect to discovery abuses prejudice from unreasonable delay is presumed and failure to comply with court orders mandating discovery is sufficient prejudice B. holding that prejudice is only presumed if there is proof of an actual conflict of interest C. holding loss of documents and death of witness did not impair defense where both events occurred when there was no presumption of prejudice D. holding that an assertion of prejudice is not a showing of prejudice E. holding that prejudice is conclusively presumed where a witness was acting as a custodian of a jury because of the cynical minds that would leap to a conclusion that tampering or prejudice had occurred

assistant: The best answer is E. holding that prejudice is conclusively presumed where a witness was acting as a custodian of a jury because of the cynical minds that would leap to a conclusion that tampering or prejudice had occurred