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: This Agreement may be executed in any number of counterparts with the same effect as if both of the signatory parties had signed the same document. All counterparts shall be construed together and shall constitute one and the same instrument. Any facsimile or electronic copies of this Agreement or signatures on this Agreement shall, for all purposes, be deemed originals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrowers, the Required Lenders, the Administrative Agent and the other parties hereto agree that on the Restatement Date, the Credit Agreement and all exhibits and annexes thereto shall be amended and restated in the form of the Fourth Amended and Restated Credit Agreement attached hereto as Exhibit A (the “ Fourth Amended and Restated Credit Agreement ”) and any term or provision of the Credit Agreement which is different from that set forth in the Fourth Amended and Restated Credit Agreement shall be replaced and superseded in all respects by the terms and provisions of the Fourth Amended and Restated Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: person of the principal. 3 . Timmons argues that UBS'S Master Account Agreement should not have been included in the Record on Appeal because UBS failed to present it to the circuit court. We disagree. While the Master Account Agreement was not included with UBS'S pleadings, it was incorporated into the UBS contract by direct reference, and the UBS contract was included in UBS’S Motion to Compel Arbitration. In any event, the circuit court's order sets forth the pertinent language of the arbitration clause in the J.C. Bradford contract and includes a finding that Timmons signed a similar contract with UBS. Timmons did not appeal this finding, and as such, it is the law of the case. See Charleston Lumber Co., Inc. v. Miller Hous. Corp., 338 S.C. 171, 175, 525 S.E.2d 869, 871-72 (2000) (<HOLDING>). 4 . S.C.Code Ann. §§ 43-35-5 to -595 Options: A. holding that an unappealed order is a final judgment on the merits for res judicata purposes B. holding that an unappealed contempt order by a bankruptcy court is a final judgment on the merits for res judicata purposes C. holding that an exhaustion of appellate remedies is required to make a trial courts ruling the law of the case D. holding a trial judges unappealed procedural rulings become the law of the case E. holding that an unappealed ruling is the law of the case

assistant: The best answer is E. holding that an unappealed ruling is the law of the case
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: Notices and all other communications contemplated by the Plan shall be in writing and shall be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of the Participant, mailed notices shall be addressed to him or her at the home address that he or she most recently communicated to the Company in writing. In the case of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its Vice President of Human Resources.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: at 742-44, and is not at issue in this appeal. 7 . We acknowledge a phrase like "arising out of” may be given a narrower scope in an exclusion when a court finds the exclusion ambiguous and therefore determines the phrase means "proximately caused by.” See Norwalk Ready Mixed Concrete, Inc. v. Travelers Ins. Cos., 246 F.3d 1132, 1138 (8th Cir. 2001). As we explain, however, we find the plain meaning of the underwriting exclusion here unambiguous. 8 . Farm Bureau's reliance on a Texas case involving an insured party not engaged in the practice of underwriting for the proposition that the claim here does not arise out of underwriting activity is unavailing. See HCC Empl'r Servs., Inc. v. Westchester Cnty. Surplus Lines Ins. Co., No. CIV.A. H-05-1275, 2006 WL 1663343, at *5 (S.D.Tex.2006) (<HOLDING>). Indeed, that court hinted its analysis may Options: A. holding foreign insurance company was supercorporation engaged in underwriting and selling insurance policies through its subsidiaries B. recognizing that insurance policy may lapse if the statutory renewal notice requirements are met C. holding failure to gain approval of insurance board for endorsement did not void regulatory exclusion D. holding negligent failure to notify regulatory body of lapse of insurance policy did not arise out of underwriting of insurance E. recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing

assistant: The best answer is D. holding negligent failure to notify regulatory body of lapse of insurance policy did not arise out of underwriting of insurance
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: 135 N.M. 192, 86 P.3d 617, 619 (Ct.App.2004). A contract is ambiguous if it is “reasonably and fairly susceptible of different constructions.” Id. "[I]n determining whether a term or expression to which the parties have agreed is unclear, a court may hear evidence of the circumstances surrounding the making of the contract and of any relevant usage of trade, course of dealing, and course of performance.” C.R. Anthony Co. v. Loretto Mall Partners, 112 N.M. 504, 817 P.2d 238, 242-43 (1991) (footnote omitted). "Further, the language of the entire agreement should be construed together.” Allsup’s Convenience Stores, Inc. v. North River Ins. Co., 127 N.M. 1, 976 P.2d 1, 12 (1999). 12 . See, e.g., Atl. Richfield Co. v. Farm Credit Bank of Wichita, 226 F.3d 1138, 1152-53 (10th Cir.2000) (<HOLDING>). But see Rogers v. Westerman Farm Co., 29 P.3d Options: A. holding that at will contracts of employment are subject to tortious interference with contracts claims B. recognizing that analysis of whether certain expenses qualify as deducti ing royalty contracts C. holding that an award for medical expenses is proper when the expenses have been incurred but not paid D. holding that federal express costs telephone expenses and postage expenses did not qualify as taxable costs E. holding that the enactment of firrea breached certain government contracts

assistant: The best answer is B. recognizing that analysis of whether certain expenses qualify as deducti ing royalty contracts
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: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this Options: A. holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion B. holding district court has complete discretion whether to treat facts as conceded where local rule is violated C. holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment D. holding that the predecessor to local rule 561b3 provides the only acceptable means of presenting additional facts to the district court E. holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

assistant: The best answer is B. holding district court has complete discretion whether to treat facts as conceded where local rule is violated
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used but not defined in this Agreement are defined in (a) Appendix A to the Series 2016-1 Indenture Supplement, dated as of February 1, 2016 (the “ Indenture Supplement ”), between the Grantor, as Issuer, and The Bank of New York Mellon, as Indenture Trustee, or (b) Appendix A to (i) the Fifth Amended and Restated Sale and Servicing Agreement, dated as of August 1, 2001, as amended and restated as of December 1, 2010, among Ford Credit Floorplan Corporation, as Depositor, the Grantor, as Issuer, and Ford Motor Credit Company LLC, as Servicer, and (ii) the Fifth Amended and Restated Sale and Servicing Agreement, dated as of August 1, 2001, as amended and restated as of December 1, 2010, among Ford Credit Floorplan LLC, as Depositor, the Issuer and the Servicer. Each Appendix A also contains usage rules that apply to this Agreement. Each Appendix A is incorporated by reference into this Agreement. References to the “UCC” mean the Uniform Commercial Code as in effect in the State of New York.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUSTOR HEREBY IRREVOCABLY AND EXPRESSLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS DEED OF TRUST OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THE ACTIONS OF BENEFICIARY IN THE NEGOTIATION, ADMINISTRATION OR ENFORCEMENT HEREOF.

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: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Lender) to the Issuing Lender and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (d) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Lender, the Borrower also shall submit a letter of credit application on the Issuing Lender’s standard form in connection with any request for a Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Lender relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EXECUTIVE AND THE COMPANY BOTH EXPRESSLY AND IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY AND ALL ISSUES ARISING IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATED IN ANY WAY TO THIS SEPARATION AGREEMENT OR ANY PROVISIONS HEREOF. THIS SEPARATION AGREEMENT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH LEGAL ACTION ON A PARTY’S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, THE PARTIES AGREE THAT ANY ACTION AGAINST THE OTHER PARTY WHATSOEVER SHALL BE BROUGHT BY SUCH PARTY INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND THE PARTIES EXPRESSLY WAIVE ANY AND ALL RIGHT OF SUCH PARTY TO PARTICIPATE IN A CLASS ACTION.

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 case excerpt and choose the best holding from the options. Case excerpt: 223, 230 (D.C.Cir.1988) (en banc) (per curiam). 3 . The Tucker Act confers exclusive jurisdiction on the Claims Court over all claims against the government seeking monetary relief in excess of $10,000, if the claim is brought pursuant to an express or implied contract, or if a non-contractual claim is brought pursuant to a statutory or substantive constitutional right. See 28 U.S.C. § 1491(a)(1) (1988). Non-contractual claims must be based on statutory or constitutional rights that mandate the payment of money damages. The Federal Circuit has held that a person like Hubbard would be barred from bringing a claim under the Tucker Act because the First Amendment, by its terms, does not mandate the payment of money. United States v. Connolly, 716 F.2d 882, 887 (Fed.Cir.1983) (en banc) (<HOLDING>), cert. denied, 465 U.S. 1065, 104 S.Ct. 1414, Options: A. holding that the united states court of federal claims does not have jurisdiction over a new claim or a claim of different scope that was not previously presented and certified to the contracting officer for decision B. holding that this court does not have jurisdiction over tax claims for declaratory or equitable relief C. holding that claims court does not have jurisdiction over wrongful termination claim of probationary civil servant fired for exercising his first amendment freedoms D. holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal E. holding that the court of claims did have jurisdiction over plaintiffs statutory claim for back pay including arguments based on the first amendment

assistant: The best answer is C. holding that claims court does not have jurisdiction over wrongful termination claim of probationary civil servant fired for exercising his first amendment freedoms
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 interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Delaware without regard to principles of conflicts of laws. The Holder may only exercise his or her rights in respect of the Plan to the extent that it would be lawful to do so, and the Company would not, in connection with this Agreement, be in breach of the laws of any jurisdiction to which the Holder may be subject. The Holder shall be solely responsible to seek advice as to the laws of any jurisdiction to which he or she may be subject, and participation by the Holder in the Plan shall be on the basis of a warranty by the Holder that the Holder may lawfully so participate without the Company being in breach of the laws of any such jurisdiction. The Company and Holder irrevocably and unconditionally submit to the jurisdiction and venue of any state court situated within Montgomery County, Texas, and any federal court closest to or serving Montgomery County, Texas, for the purpose of any suit, action or other proceeding arising out of, or relating to or in connection with, this Agreement. THE PARTIES ALSO EXPRESSLY WAIVE ANY RIGHT THEY HAVE OR MAY HAVE TO A JURY TRIAL OF ANY SUCH SUIT, ACTION OR PROCEEDING. If any one or more provisions of this Section 18 shall for any reason be held invalid or unenforceable, it is the specific intent of the parties to this Agreement that such provisions shall be modified to the minimum extent necessary to make it or its application valid and enforceable.

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: to landslide, even though earth movement was the most immediate cause). We therefore conclude that this is a case of multiple causation. B. We must now determine whether the deterioration or the fungicide manufacturers’ failure to warn is the “proximate efficient cause” of the damage to Berry’s irrigation pipes. In Sabella, the California Supreme Court defined “proximate efficient cause” both as “the one that sets others in motion” and as “the predominating or moving efficient cause.” Sabella, 27 Cal.Rptr. at 695, 377 P.2d at 895; see Garvey, 257 Cal.Rptr. at 296, 770 P.2d at 708 (“Sabella defined ‘efficient proximate cause’ alternatively as the ‘one that sets others in motion’ and as ‘the predominating or moving efficient cause.’”) (citations omitted); Howell, 267 Cal.Rptr. at 716 (<HOLDING>); Brian Chuchua’s Jeep, 13 Cal.Rptr.2d at 445 Options: A. recognizing the existence of purely jurisdictional elements B. recognizing existence of two tests C. recognizing first two exceptions D. recognizing that the existence of an agency relationship is ordinarily a question of fact E. recognizing the existence of the special relationship

assistant: The best answer is B. recognizing existence of two tests
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 Agreement, as amended by this Amendment (including the Release), set forth the entire agreement and understanding between the Executive and the Corporation relating to the Executive’s employment with and the termination of his employment and release of any claims relating to his employment. Except as set forth in this Amendment, the Agreement remains unchanged and in full force and effect. In the event of any inconsistency or conflict between the terms and provisions of the Agreement and this Amendment, the terms and provisions of this Amendment shall govern and be binding. The terms and provisions contained in this Amendment shall bind and inure to the benefit of the parties hereto and their respective successors and their respective assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: because there is an intact disk that can be replaced on the corneal stro-ma. On the other hand, when an excimer laser is used, -tissue is vaporized and no longer exists and, as a result, that tissue cannot be replaced on the corneal stroma to achieve reversibility. 54. Where more than one claim construction is possible, the Court should not choose a construction that is broad enough to encompass prior art. ACS Hosp. Sys., Inc. v. Montefiore Hosp., 732 F.2d 1572, 1577 (Fed.Cir.1984). If the Court were to construe the third element of Claim 1 to cover the reshaping of the cornea with an excimer laser, then the patent would be invalidated by the wealth of prior art LASIK procedures. See also SciMed Life Sys., Inc. v. Advanced Cardiovascular Sys., Inc., 242 F.3d 1337, 1343 (Fed.Cir.2001)(<HOLDING>) 55. The Court also finds that the pat-entee’s Options: A. holding that the phrase prior conviction under this section should be read broadly to include any prior conviction under the kansas uniform controlled substances act ksa 654101 et seq or other analogous municipal or foreign provisions B. holding that a prior conviction is not a predicate offense under the sentencing guidelines if the statute that provides the basis for the prior conviction sweeps more broadly than the generic crime described in the guidelines C. holding that the fact that the written description stated a particular feature that offered advantages over the prior art supported the conclusion that the claims cannot be read so broadly as to encompass the distinguished prior art D. holding that in determining whether a prior conviction is a violent felony a court generally must look only to the fact of conviction and the statutory definition of the prior offense E. holding that for sentencing purposes the government does not need to allege a defendants prior conviction or prove the fact of a prior conviction where that fact is not an element of the present crime

assistant: The best answer is C. holding that the fact that the written description stated a particular feature that offered advantages over the prior art supported the conclusion that the claims cannot be read so broadly as to encompass the distinguished prior art
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 representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Agent and each Lender, regardless of any investigation made by the Agent or any Lender or on their behalf and notwithstanding that the Agent or any Lender may have had notice or knowledge of any Default at the time of any Credit Extension, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE NONEXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE SOUTHERN DISTRICT OF NEW YORK, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT, OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER OR THE L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWERS OR ANY OTHER LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Within ten (10) days of Landlord’s request, Tenant shall furnish Landlord its most recent statement of income and balance sheet for the immediately preceding fiscal year certified by an independent certified public accountant and prepared in accordance with generally accepted accounting principles consistently applied. Nothing contained in this Section shall be construed to require the Tenant to create or commission the creation of a financial statement, but rather Tenant is obligated only to produce to Landlord (upon request) a copy of the most current existing financial statement.

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 case excerpt and choose the best holding from the options. Case excerpt: is not undermined by the fact that, as the petitioner observes, Federal Rule of Civil Procedure 6(e) provides that, “[w]henever a party has the right or is required to do some act or take some proceedings within a prescribed period of time after the service of notice or other paper upon the party, and the notice or paper is served upon the party by mail, 3 days shall be added to the prescribed period.” Fed.R.Civ.P. 6(e). As I already have stated, the statute of limitations is tolled for the time period during which a properly filed post-conviction motions is “pending.” Whether the petitioner or his attorney received notice of the court’s decisions on the relevant motions by mail or otherwise is therefore irrelevant. Cf. Hatchell v. United States, 776 F.2d 244, 246 (9th Cir.1985) (<HOLDING>). Federal Rule of Civil Procedure 6(a) provides Options: A. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered B. holding that rule 6e is inapplicable where the time for filing begins to run on the date of mailing C. holding that limitation period begins to run at the time of the breach D. holding that the statute of limitations period begins to run when the allegedly discriminatory pension plan is applied to the plaintiffs and leaving determination of the actual date the statute begins to run on each claim to the district court E. holding that where the violation of the fdcpa was the filing of a lawsuit the statule of limitations begins to run on the date of filing

assistant: The best answer is B. holding that rule 6e is inapplicable where the time for filing begins to run on the date of mailing
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 may sign any number of copies of this Supplemental Indenture. Each signed copy shall be an original, but all of them together represent the same agreement. The exchange of copies of this Supplemental Indenture and of signature pages by facsimile or electronic (including in “.pdf” or “tif” format) transmissions shall constitute effective execution and delivery of this Supplemental Indenture as to the parties hereto and may be used in lieu of the original Supplemental Indenture for all purposes. Signatures of the parties hereto transmitted by facsimile or electronically (including in “.pdf” or “tif” format) shall be deemed to be their original signatures for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whom Nickle was visiting testified that he was present while Barzyk was playing the audio recording and that Barzyk rewound the tape several times so that the pig noises could be replayed. He also testified that it was clear to Nickle that the pig noises and taunts were directed at her, and that she was visibly upset by Barzyk’s actions. The evidence at trial also established that this incident was part of a course of conduct. Course of conduct is defined as “[a] pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct.” 18 Pa. C.S.A. § 2709(f). On September 28, 1995, Barzyk played the audio tape of pig noises repeatedly while mocking Nickle. See Commonwealth v. Urrutia, 439 Pa.Super. 227, 233-35, 653 A.2d 706, 709 (1995) (<HOLDING>). In addition, over a period of years Barzyk Options: A. holding that failure of trial court to instruct jury that state must prove beyond reasonable doubt killing was not committed in heat of passion required reversal of murder conviction even though there was general charge that state was required to prove each element of offenses beyond reasonable doubt B. holding that the state must prove juvenile delinquency beyond a reasonable doubt C. holding that evidence of appellant attacking a victim twice in one day was sufficient to prove course of conduct beyond a reasonable doubt under 18 pacsa 2709f D. holding that evidence as stipulated at a trial was sufficient to find beyond a reasonable doubt that appellant was guilty under standard of jackson supra E. holding state must prove voluntariness of confession beyond a reasonable doubt

assistant: The best answer is C. holding that evidence of appellant attacking a victim twice in one day was sufficient to prove course of conduct beyond a reasonable doubt under 18 pacsa 2709f
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 any Liquidation, the Company shall, within ten (10) days of the date the Board approves such action, or no later than twenty (20) days of any stockholders’ meeting called to approve such action, or within twenty (20) days of the commencement of any involuntary proceeding, whichever is earlier, give each holder of Shares of Series A Preferred Stock written notice of the proposed action. Such written notice shall describe the material terms and conditions of such proposed action, including a description of the stock, cash and property to be received by the holders of Shares upon consummation of the proposed action and the date of delivery thereof. If any material change in the facts set forth in the initial notice shall occur, the Company shall promptly give written notice to each holder of Shares of such material change.

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: are subject to a one-year statute of limitations. Section 6-2-39, Code of 1975. Although the statute does not begin to run until the fraud is discovered, § 6-2-3, “[fjraud is deemed to have been discovered when it ought to have been discovered. It is sufficient to begin the running of the statute of limitations that facts were known which would put a reasonable mind on notice that facts to support a claim of fraud might be discovered upon inquiry. Jefferson County Truck Growers Association v. Tanner, 341 So.2d 485, 488 (Ala. 1977) (emphasis added). Generally, the question of when a plaintiff discovered an alleged fraud is a question for the jury and is therefore not a proper matter for directed verdict. Cf. Papastefan v. B & L Construction Co., Inc. of Mobile, 356 So.2d 158 (Ala.1978) (<HOLDING>). However, even matters which are usually Options: A. holding that an unsworn letter is not proper summary judgment proof B. holding that plaintiffs right to argue a need for discovery prior to the entry of summary judgment was preserved since plaintiff moved to vacate summary judgment ten days later and included precisely the discovery needed and not generalized statements of necessary discovery C. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law D. holding that a plaintiff has a duty to plead the date of discovery of fraud where the alleged fraud apparently occurred at a remote time E. holding that the time of discovery of fraud is not a proper matter for summary judgment

assistant: The best answer is E. holding that the time of discovery of fraud is not a proper matter for summary judgment
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 Sections III.F.1.b. and IV., in the event the Company, in its sole discretion, determines that your employment is terminated by the Company other than for Cause, a pro-rata portion of the unvested Stock Units that are outstanding as of such termination of employment will remain outstanding (as described in Section III.J.) and will be distributed as soon as practicable following the next Stock Unit Scheduled Vesting Date as described in Section II.B.4.; provided that you have satisfied the conditions described in Section III.I.2. The portion of the unvested Stock Units that does not remain outstanding pursuant to this paragraph will be forfeited and cancelled. For the avoidance of doubt, this Section III.F.1.a. shall apply regardless of whether you are determined by the Retirement Treatment Committee to be eligible for retirement treatment on or following your termination of employment or you have satisfied the Age and Service Criteria for Pro-Rata Vesting on or before your termination of employment by the Company. For the further avoidance of doubt, if your termination of employment occurs on a Stock Unit Scheduled Vesting Date, distribution will occur as soon as practicable following such Stock Unit Scheduled Vesting Date as described in Section II.B.4.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive’s employment is terminated by reason of Executive’s death, Retirement or Disability during the Employment Period, this Agreement shall terminate without further obligations to Executive or Executive’s legal representatives under this Agreement, other than for payment of Accrued Obligations and the timely payment or provision of Other Benefits. Accrued Obligations shall be paid to Executive or Executive’s estate, as applicable, in a lump sum in cash within 30 days of the Date of Separation from Service. Other Benefits shall be paid at the time and in the manner provided in the documentation establishing or describing such Other Benefits. With respect to the provision of Other Benefits, the term Other Benefits as utilized in this Section 6(b) shall include without limitation, and Executive or Executive’s estate and/or beneficiaries shall be entitled to receive, death, retirement or disability benefits then applicable to Executive.

assistant: Death
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: opinions are not b Cir. 1997) (<HOLDING>). Accordingly, we affirm the district court’s Options: A. holding that a motion to dismiss based on a forumselection clause should be treated as a rule 12b3 motion to dismiss for improper venue B. recognizing that district courts should resolve issues related to jurisdiction or venue prior to ruling on a motion to dismiss for failure to state a claim C. recognizing that a district court may sua sponte dismiss a complaint for failure to serve after notice to the plaintiff D. recognizing that district court may dismiss action despite improper venue where complaint patently failed to state viable claim E. holding that a forumselection clause may be enforced under rule 12b3 as a motion to dismiss on the basis of improper venue

assistant: The best answer is D. recognizing that district court may dismiss action despite improper venue where complaint patently failed to state viable claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in the first instance predicated upon evidentiary development on the subject — with Respondents, again, ultimately bearing the burden of proof. See supra note 4. 1 . Tax statutes imposing a mandatory minimum but no maximum are not unheard of, albeit they often involve smaller mandatory mínimums. See, e.g., City of Portland v. Cook, 170 Or.App. 245, 12 P.3d 70 (2000) (involving a business license tax of 2.2 percent of adjusted net income, subject to a $100 minimum). 2 . The majority also relies in part on Cope's Estate, 191 Pa. 1, 43 A, 79 (1899), which held that exempting the first $5,000 of an estate from Pennsylvania’s inheritance tax worked a uniformity violation. See id. at 22, 43 A. at 81; see also Saulsbury v. Bethlehem Steel Co., 413 Pa. 316, 320, 196 A.2d 664, 666 (1964) (<HOLDING>). The tax statute challenged here is different Options: A. holding a workers compensation statute unconstitutional because it treats persons with asbestosis differently than persons with other occupational diseases and does so without any valid reason B. holding that an occupational privilege tax levied upon individuals working in the city and earning over 600 annually was nonuniform because persons earning less than that amount were exempted from liability C. holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted D. holding that the university was not a political subdivision of the state because it had no power to tax or cause taxes to be levied E. holding that it was not the taxpayers responsibility to pursue the different tax units to which the illegally levied county tax was proportioned as the taxpayer was entitled to recover the full amount of the tax from the county the collecting entity

assistant: The best answer is B. holding that an occupational privilege tax levied upon individuals working in the city and earning over 600 annually was nonuniform because persons earning less than that amount were exempted from liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See City of Moorhead v. Red River Valley Co-op. Power Ass’n, 830 N.W.2d 32, 39-40 (Minn.2013). An erroneous evidentiary ruling is prejudicial if it might reasonably have influenced the jury and changed the result’ of the trial. George v. Estate of Baker, 724 N.W.2d 1, 9 (Minn.2006). For the reasons I have already discussed, I conclude that the error was prejudicial.' Accordingly, I respectfully dissent. The court should have reversed and remanded the case to the court of appeals to decide the remaining issue on appeal: whether the motion for a new trial was timely. 1 . During the plea proceeding, both Liebsch and his attorney confirmed that they had "reviewed each and every paragraph” of the petition, and that the attorney had "read it out loud to you as w L 2869108 (D.Utah 2010) (<HOLDING>). 4 , Doe 136 did not appeal the district Options: A. holding that in a prosecution for possession of an unregistered firearm evidence of an armed robbery committed with the firearm was admissible B. holding that double jeopardy precludes dual convictions for felon in possession of a firearm and felon in possession of separate ammunition because section 790231 florida statutes prohibits possession of any firearm ammunition or electric weapon or device emphasis in original C. holding alford plea admissible in prosecution for felon in possession of firearm D. holding district court lacked discretion to permit defendant to stipulate to prior conviction in prosecution for being a felon in possession of a firearm E. holding alford plea admissible in burglary prosecution

assistant: The best answer is C. holding alford plea admissible in prosecution for felon in possession of firearm
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: (1st Cir.1993) (a monitoring device consisting of " 'alligator clips attached to a microphone cable at one end’ and an ‘interface connecting [a] microphone cable to a VCR and a video camera' on the other * * * is precisely the type of intercepting device Congress intended to regulate heavily when it enacted Title III”); Torres, 751 F.2d at 885 ("[T]he soundtrack of a videotape, no less than a free-standing tape recording, is within the scope of Title III.”); United States v. Haimowitz, 725 F.2d 1561, 1581-82 (11th Cir.1984) (assuming that the audio component of a video recorder is subject to Title III); Audenreid v. Circuit City Stores, Inc., 97 F.Supp.2d 660, 663 (E.D.Pa.2000) (since "the evidence produced by the parties clearly demonstrates that the video camera which had ir.1977) (<HOLDING>); United States v. Cheely, 814 F.Supp. 1430, Options: A. holding recordings properly authenticated where law enforcement agents who participated in the taped conversations testified that according to their memories the audio and video tapes contained accurate recordings of the conversations that occurred B. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment C. holding that the exclusionary rule should not be applied to searches which relied on fifth circuit law that was subsequently overturned D. holding that the appellants claim that the circuit court erred in failing to make specific findings of fact as to all claims in the appellants rule 32 petition was not preserved for review because the appellant did not first present the claim to the circuit court E. holding that the fact that appellee here taped the conversations which he permissibly overheard we find as the fifth circuit did in simpson v simpson 490 f2d 803 809 5th cir 1974 to be a distinction without a difference

assistant: The best answer is E. holding that the fact that appellee here taped the conversations which he permissibly overheard we find as the fifth circuit did in simpson v simpson 490 f2d 803 809 5th cir 1974 to be a distinction without a difference
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 distributions under the Plan are subject to withholding of all applicable taxes, and, except as otherwise provided by the Committee, the delivery of any Shares or other benefits under the Plan to a Participant are conditioned on satisfaction of the applicable withholding requirements. With respect to withholding required upon the exercise of Options or SARs, upon the lapse of restrictions on Restricted Stock and Restricted Stock Units, or upon the achievement of performance goals related to Performance Shares, or any other taxable event arising as a result of an Award granted hereunder, Participants may elect, subject to the approval of the Committee, to satisfy the withholding requirement, in whole or in part, by having Olin withhold Shares having a Fair Market Value on the date the tax is to be determined equal to the minimum statutory total tax that could be imposed on the transaction. All such elections shall be irrevocable, made in writing, and signed by the Participant, and shall be subject to any restrictions or limitations that the Committee, in its sole discretion, deems appropriate.

assistant: Withholdings
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 Guaranty shall be binding on, and shall inure to the benefit of, the Guarantor, each Guaranteed Party and their respective successors and permitted assigns; provided that the Guarantor may not assign or transfer its rights or obligations under this Guaranty without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, each Guaranteed Party may assign, sell participations in or otherwise transfer its rights under the Facility Documents in accordance with the terms thereof to any other person or entity, and the other person or entity shall then become vested with all the rights granted to the Guaranteed Parties in this Guaranty or otherwise.

assistant: Assignments