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: (i) All payments by the Borrower to or for the account of any Lender or the Agent hereunder shall be made free and clear of and without deduction or withholding for any and all Taxes except as required by applicable law. Subject to Section 3.5(v) of this Agreement, if the Borrower shall be required by law to deduct or withhold any Taxes from or in respect of any sum payable hereunder to any Lender or the Agent, (a) the sum payable shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 3.5 ) such Lender or the Agent (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (b) the Borrower shall make such deductions, (c) the Borrower shall pay the full amount deducted to the relevant authority in accordance with applicable law and (d) the Borrower shall furnish to the Agent the original copy of a receipt evidencing payment thereof or other evidence of such payment reasonably satisfactory to the Agent within thirty (30) days after such payment is made.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: appealed to this Court only upon the filing of a new Notice of Appeal with the Court not later than 120 days after the date on which notice of the Board’s new final decision is mailed to the appellant. See Marsh v. West, 11 Vet.App. 468, 472 (1998). VACATED AND REMANDED. 2 . On remand, this interpretive question involves consideration of the requirement that "interpretive doubt” be resolved in favor of the claimant. See Brown v. Gardner, 513 U.S. 115, 118, 115 S.Ct. 552, 130 L.Ed.2d 462 (1994). 3 . The Court notes that, although veteran status is an element of every claim, failure to give section 5103(a) notice as to status where that fact is not in dispute will always be nonprejudicial to the claimant. See 38 U.S.C. § 7261(b)(2); cf. Mayfield v. Nicholson, 19 Vet.App. 103, 129 (2005) (<HOLDING>). 4 . We note that in Soria v. Brown, the U.S. Options: A. holding that a second deficiency notice issued for a taxable year was valid where it determined a deficiency in a different type of tax than did the earlier deficiency notice B. holding that any board reasonsorbases deficiency in discussing how section 5103a 3159b1 notice has been satisfied would of necessity be nonprejudicial to claimant where claimant re ceived compliant notice C. holding that appellant must identify with considerable specificity how 38 usc 5103a notice was defective D. holding that the delivery of an eeoc decision to the former attorney of a claimant did not constitute notice to the claimant E. holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law

assistant: The best answer is B. holding that any board reasonsorbases deficiency in discussing how section 5103a 3159b1 notice has been satisfied would of necessity be nonprejudicial to claimant where claimant re ceived compliant notice
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: It is intended that this Agreement shall comply with the provisions of section 409A of the Code and the Department of the Treasury (the “Department“) Regulations relating thereto, or an exemption to section 409A of the Code. Any payments that qualify for the “short-term deferral“ exception or another exception under section 409A of the Code shall be paid under the applicable exception. For purposes of the limitations on nonqualified deferred compensation under section 409A of the Code, each payment of compensation under this Agreement shall be treated as a separate payment of compensation for purposes of applying the section 409A of the Code deferral election rules and the exclusion under section 409A of the Code for certain short-term deferral amounts. All payments to be made upon a termination of employment under this Agreement may only be made upon a “separation from service“ under section 409A of the Code. In no event may the Executive, directly or indirectly, designate the calendar year of any payment under this Agreement. Within the time period permitted by the applicable Department Regulations (or such later time as may be permitted under section 409A or any Internal Revenue Service or Department rules or other guidance issued thereunder), the Bank may, in consultation with the Executive, modify the Agreement in order to cause the provisions of the Agreement to comply with the requirements of section 409A of the Code, so as to avoid the imposition of taxes and penalties on the Executive pursuant to section 409A of the Code.

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: The Compensation Committee shall be generally responsible for the operation and administration of the Plan. To the extent that powers are not delegated to others pursuant to provisions of this Plan, the Compensation Committee shall have such powers as may be necessary to carry out the provisions of the Plan and to perform its duties hereunder, including, without limiting the generality of the foregoing, the power: (a) To appoint, retain and terminate such persons as it deems necessary or advisable to assist in the administration of the Plan or to render advice with respect to the responsibilities of the Compensation Committee under the Plan, including accountants, administrators and attorneys.

assistant: Powers
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: who have taken authorized maternity leave. See, e.g., Int’l Union, United Auto., Aerospace & Agric. Implement Workers of Am. v. Johnson Controls, Inc., 499 U.S. 187, 206, 111 S.Ct. 1196, 1207, 113 L.Ed.2d 158, 178 (1991); Smith v. F.W. Morse & Co., 76 F.3d 413, 424 (1st Cir. 1996). When interpreting' discrimination claims under Iowa Code chapter 216, we turn to federal law, including Title VII of the United States Civil Rights Act and the Americans with Disabilities Act. See Bd. of Supervisors v. Iowa Civil Rights Comm’n, 584 N.W.2d 252, 256 (Iowa 1998) (“In deciding gender discrimination disputes, we adhere to the Title VII analytical framework. ...”); Fuller v. Iowa Dep’t of Human Servs., 576 N.W.2d 324, 329 (Iowa 1998) (“In considering a disability d 00 F.3d 466, 470 (6th Cir.2005) (<HOLDING>); see also Nelson v. Wittem Group, Inc., 140 Options: A. holding that where employee gave notice to employer of injury and employer told employee that nothing could be done for him through workmans compensation employer had breached statute and was liable for medical treatment which was reasonable and necessary to restore employee to maximum usefulness B. holding federal statute covers situation where employer refused to rehire employee because she might become pregnant again C. holding that an employer must remedy situation of sexual harassment D. holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits E. holding that where employer acknowledges respondeat superior liability for the conduct of its employee direct negligence claims become duplicative

assistant: The best answer is B. holding federal statute covers situation where employer refused to rehire employee because she might become pregnant again
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: this court to govern appeals in dependency-neglect cases. We have further explained that the purpose of Rule 6-9 is to expedite the appellate process in dependency-neglect cases by curtailing extensions and establishing time lines. Ratliff v. Ark. Dep’t of Health & Human Servs., 371 Ark. 534, 268 S.W.3d 322 (2007) (per curiam). hRule 2(a)(2) provides that an appeal may be taken from “[a]n order which in effect determines the action and prevents a judgment from which an appeal might be taken, or discontinues the action.” Although the right to appeal the denial of a motion to intervene is not specifically set forth in this rule, this court has recognized that such an order is appealable pursuant to Rule 2(a)(2). See Duffield v. Benton County Stone Co., 369 Ark. 314, 254 S.W.3d 726 (2007) (<HOLDING>); Billabong Prods., Inc. v. Orange City Bank, Options: A. holding that similar agreement allowed the defendant to appeal the denial of his motion to suppress B. holding that an appeal from a denial of a motion to intervene as a matter of right is allowed under rule 2a2 C. holding that appeal from denial of rule 60b motion raised for review only the district courts order of denial and not the underlying judgment itself D. holding that pursuant to rule 2a2 a party may appeal an order denying a motion for permissive intervention E. holding that a motion to intervene is not dispositive of a claim or defense of a party

assistant: The best answer is B. holding that an appeal from a denial of a motion to intervene as a matter of right is allowed under rule 2a2
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: full hearing as to the underlying felony conviction itself). Because the prior conviction was established in a proceeding cloaked with due process, the rights to adequate notice and a fair adjudication have already been satisfied. See Apprendi, 530 U.S. at 488, 147 L. Ed. 2d at 453-54, 120 S. Ct. at 2362; see also Jones v. United States, 526 U.S. 227, 249, 143 L. Ed. 2d 311, 329-30, 119 S. Ct. 1215, 1227 (1999). Moreover, where the previous conviction is acknowledged, it represents an objective fact that is not subject to dispute, and concerns about the need for additional due process protections in a subsequent proceeding are mitigated. See Apprendi, 530 U.S. at 488, 147 L. Ed. 2d at 453-54, 120 S. Ct. at 2361-62; People v. Watson, 322 Ill. App. 3d 164, 167-68, 749 N.E.2d 1078 (2001) (<HOLDING>). In this case, however, the triggering Options: A. holding that undisputed matters of public record are proper subjects for judicial notice B. holding that courts may take judicial notice of sec filings that are matters of public record C. recognizing that a court may rely on matters of which a court may take judicial notice D. recognizing that a court may take judicial notice of court filings and other matters of public record E. holding that the existence of prior convictions are typically matters of public record of which the trial court can take judicial notice without violating the defendants right to due process

assistant: The best answer is E. holding that the existence of prior convictions are typically matters of public record of which the trial court can take judicial notice without violating the defendants right to due process
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: this section in a factual situation similar to this. Klett, 965 F.2d at 591. On the face of this statute, there is nothing to suggest that Congress intended to waive sovereign immunity. The statute does not address the issue and does not provide explicit, unequivocal language allowing the government to be sued. See King, 395 U.S. at 4, 89 S.Ct. at 1502. According to Supreme Court precedent, such a waiver must not be implied. Id. The Supreme Court has never ruled on whether this statute constitutes a waiver of sovereign immunity. The cases interpreting this statute have consistently held that it should be narrowly construed as a limitation on lower federal court power to issue summary contempt orders. See, e.g., Cammer v. United States, 350 U.S. 399, 76 S.Ct. 456, 100 L.Ed. 474 (1956) (<HOLDING>); In re Michael, 326 U.S. 224, 66 S.Ct. 78, 90 Options: A. holding that a lawyer is not the kind of officer who can be tried summarily for contempt under this statute B. recognizing that this courts construction of a statute becomes as much apart of the statute as the words of the statute itself and that change is a matter that addresses itself to the general assembly not this court C. holding that in certain circumstances fraud can be prosecuted under the statute D. holding that a public employee who can be discharged only for cause is entitled to at least some informal due process before he can be terminated E. holding that the federal officer removal statute is not narrow or limited

assistant: The best answer is A. holding that a lawyer is not the kind of officer who can be tried summarily for contempt under this statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: LICENSOR has the right, but not the obligation, to enforce its rights against any third party infringement and to defend LICENSEE’s right to use the Technology. If LICENSOR prosecutes any alleged infringement of the Technology, or defends LICENSEE’s right to use the Technology, LICENSOR shall control such litigation and shall bear the expense of such actions. LICENSEE shall make all reasonable efforts to assist LICENSOR therewith, including joining such action as a party plaintiff or providing such evidence and expert assistance as LICENSEE may have within its control, with all costs for such cooperation to be borne by LICENSOR. LICENSOR shall retain the award of any damages in this case. If LICENSOR chooses to not enforce against an alleged infringement, LICENSEE may itself enforce LICENSOR’s rights (and its own rights as a Licensee) in the Technology, with all costs to be borne by LICENSEE. LICENSEE shall retain the award of any damages in this case.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: allegations supporting a charge of endangerment of a child under N.D.C.C. § 19-03.1-22.2. C [¶ 8] In July 2012, the State charged Lamon with one count of endangerment of a child. The State’s affidavit of probable cause alleged that Lamon gave birth to John Doe and, immediately following his birth, he tested positive for methamphetamine. [¶ 9] Lamon moved to dismiss the complaint. She argued the State failed to allege she committed an act of endangerment against her child. The State argued that the child was “exposed” to methamphetamine postpartum, and the mother was criminally liable. The trial court dismissed the complaint, concluding “there [were] no allegations that [Lamon] knowingly or intentionally caused, or permitted her child to be exposed to, to ingest or inhale, or to h 1999) (<HOLDING>). [¶ 22] Contrary to the majority of states, Options: A. holding that fetus was not a human being for purposes of attempted firstdegree intentional homicide and firstdegree reckless injury statutes B. holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute C. holding that allegations of intentional acts causing injury resulted in the complaint falling outside the coverage of an insurance policy insuring only against accidental injury D. holding reckless injury and attempted firstdegree intentional homicide statutes were not applicable to a mother who consumed excessive amounts of alcohol causing injury to her child postpartum E. holding a mother was not criminally liable for knowingly causing injury to a child under circumstances likely to produce death or serious physical injury after the mothers prebirth ingestion of heroin caused her child to suffer heroin withdrawal symptoms postpartum

assistant: The best answer is D. holding reckless injury and attempted firstdegree intentional homicide statutes were not applicable to a mother who consumed excessive amounts of alcohol causing injury to her child postpartum
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 Consulting Agreement contains all understandings and agreements between you and the Company regarding the subject of this Consulting Agreement and supersedes and replaces any prior correspondence or documents evidencing negotiations between the parties, whether written or oral, and any and all understandings, agreements or representations by or among the parties, whether written or oral, that related to the subject matter of this Consulting Agreement. Any change or addition to this Consulting Agreement must be in writing and signed by you and the Company. Notwithstanding the foregoing, (i) the terms of the Separation Agreement, (ii) the terms of the Employment Agreement referenced in the Separation Agreement and (iii) the terms of the Release, shall remain in effect and shall not be amended or modified by the terms of this Agreement.

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: S.Ct. 586. The sentence imposed must be “sufficient, but not greater than necessary,” to satisfy the purposes of sentencing. 18 U.S.C. § 3553(a). A within Guidelines sentence is presumed reasonable on appeal, and the defendant bears the burden to “rebut the presumption by demonstrating that the sentence is unreasonable when measured against the § 3553(a) factors.” United States v. Montes-Pineda, 445 F.3d 375, 379 (4th Cir.2006) (internal quotation marks omitted). Because the district court properly calculated Holder’s Guidelines range based on his relevant conduct and criminal history and explained the sentence in light of the § 3553(a) factors in great detail, we conclude that Holder’s sentence is proee-durally reasonable. See United States v. Carter, 564 F.3d 325, 330 (4th Cir.2009) (<HOLDING>). Further, the sentence, which is within the Options: A. recognizing that the district court must place on the record an individualized assessment based on the particular facts of the case before it and that the individualized assessment must provide a rationale tailored to the particular ease at hand and be adequate to permit meaningful appellate review B. holding that district court must conduct individualized assessment based on particular facts of each case C. holding that suspicion must be individualized D. holding that the individualized assessment must provide a rationale tailored to the particular case at hand and be adequate to permit meaningful appellate review E. recognizing that the district court must place on the record an individualized assessment based on the particular facts of the case before it and that the individualized assessment must provide a rationale tailored to the particular case at hand and be adequate to permit meaningful appellate review

assistant: The best answer is B. holding that district court must conduct individualized assessment based on particular facts of each 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 6.5 the licensor is responsible for addressing any claims of the licensee or any third party relating to the service or the licensee 's possession and/or use of the service , including , but not limited to : ( a ) product liability claims , ( b ) any claim that the service fails to conform to any applicable legal or regulatory requirement and ( c ) claims arising under consumer protection or similar legislation .

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: If any term or provision of this Lease shall, to any extent, be declared illegal, invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired thereby unless the term is material to this Lease, in which case the Parties agree in good faith to renegotiate the term. All other terms and provisions of this Lease shall remain in full force and effect to the fullest extent permitted by law.

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: The capitalization of the Company is as set forth on Schedule 2.1(g) , which Schedule 2.1(g) shall also include the number of shares of Common Stock owned beneficially, and of record, by (i) officers and director of the Company and (ii) each person who owns beneficially more than 5% of each class of the Company’s outstanding equity securities as of September 30, 2016. The Company has not issued any capital stock since its most recently filed periodic report under the Exchange Act, other than pursuant to the conversion and/or exercise of convertible securities and warrants outstanding as of the date of the most recently filed periodic report under the Exchange Act. Other than with regard to issuances to be made with respect to the outstanding warrants and convertible securities set forth on Schedule 2.1(g) (“ Exempt Issuances ”), no Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Except as a result of the purchase and sale of the Securities and securities issued to employees, officers or directors, or former employees, officers or directors and other service providers or former service providers of the Company, there are no outstanding options, warrants, rights to subscribe to, calls or commitments of any character whatsoever relating to, or securities, rights or obligations convertible into or exercisable or exchangeable for, or giving any Person any right to subscribe for or acquire any shares of Common Stock, or contracts, commitments, understandings or arrangements by which the Company or any Subsidiary is or may become bound to issue additional shares of Common Stock or securities convertible or exercisable into Common Stock. The issuance and sale of the Securities will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Holder) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of any stockholder, the Board of Directors or others is required for the issuance and sale of the Securities. Other than as set forth on Schedule 2.1(g), t here are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: sovereign immunity. C. The Public Vessels Act, Suits in Admiralty Act, and Federal Tort Claims Act Each of these three Acts provides an explicit waiver of sovereign immunity. The PVA waives sovereign immunity for suits for “damages caused by a public vessel of the United States.” 46 U.S.C. § 31102(a)(1). But the PVA contains a reciprocity requirement: A national of a foreign country may sue under the PVA only if the government of that foreign country would permit a United States national to bring the same suit in its courts. Id. § 31111. The SAA waives sovereign immunity, subject to some exceptions, in admiralty cases when a civil action could otherwise be brought if the United States were not a party. Id. § 30903(a); see Earles v. United States, 935 F.2d 1028, 1032 (9th Cir.1991) (<HOLDING>). Finally, the FTCA waives sovereign immunity Options: A. holding that an agent acting outside his delegated authority is not protected by the discretionary function exception B. recognizing a discretionary function exception to that waiver C. holding that the discretionary function exception may apply in the absence of a conscious decision D. holding federal tort claims act discretionary function exception does not apply if prison personnel violate a mandatory regulation E. recognizing exception

assistant: The best answer is B. recognizing a discretionary function exception to that waiver
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: `` zynga affiliates '' refers to the zynga corporate family plus zynga 's and the zynga corporate family 's third-party content providers , distributors , licensees or licensors .

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: may be properly regulated and governed is under a duty to shape his conduct in such manner that those rightfully led to act on the faith of his performance shall not suffer loss or injury through his negligence. Dr. Pepper, 148 So.2d at 201. So, while it is true that JNL had a duty to conduct its affairs reasonably and with due care, in this case that duty did not require JNL to protect plaintiff and her husband from harm from any force(s) that JNL did not set into motion. Dr. Pepper Bottling Co. v. Bruner, then, has no coverage over the facts here. Plaintiff also cites several cases in which physicians have been found negligent for acts they performed even though no physician-patient relationship existed, the principal case of which is Meena v. Wilburn, 603 So.2d 866 (Miss.1992) (<HOLDING>). Meena, however, is not applicable here. In Options: A. holding that the basis of liability is negligence and not injury B. holding that such a duty exists C. holding that the record here fails to establish the first two elements which the court identified as the duty of care and a breach of that duty and as a result a directed verdict on the issue of liability was warranted D. holding that the law imposes on every person who enters upon an active course of conduct the positive duty to exercise ordinary care to protect others from harm and calls a violation of that duty negligence that a complete binding contract between the parties is not a prerequisite to a duty to use due care in ones actions and that architects may be held liable for a breach of the duty of care and breach of contract that results in foreseeable injury economic or otherwise E. holding that a doctor may be held liable for negligence if the traditional elements duty breach of duty causation and injury are evidenced where such liability is not negated by the absence of a doctorpatient relationship

assistant: The best answer is E. holding that a doctor may be held liable for negligence if the traditional elements duty breach of duty causation and injury are evidenced where such liability is not negated by the absence of a doctorpatient relationship
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: Subject to the terms and conditions and within the limitations of the Plan, Stock Options shall be evidenced by such form of agreement or grant as is approved by the Committee, and the Committee may (i) modify, extend or renew outstanding Stock Options granted under the Plan (provided that the rights of a Participant are not reduced without such Participant’s consent and provided further that such action does not subject the Stock Options to Section 409A of the Code without the consent of the Participant), and (ii) accept the surrender of outstanding Stock Options (to the extent not theretofore exercised) and authorize the granting of new Stock Options in substitution therefor (to the extent not theretofore exercised). Notwithstanding the foregoing, an outstanding Option may not be modified to reduce the exercise price thereof, a new Option may not, at a lower exercise price, be substituted for a surrendered Option and an outstanding Option for which the exercise price is higher than the Fair Market Value of such Award may not be cancelled for cash or another Award (in each case, other than adjustments or substitutions in accordance with Section 4.2), unless such action is approved by the shareholders of the Company.

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: internal quotation marks and brackets omitted); Pereira v. Astrue, 279 F.R.D. 201, 206 (E.D.N.Y.2010) (“[T]he ALJ may not reject the treating physician’s conclusions based solely on inconsistency or lack of clear findings without first attempting to fill the gaps in the administrative record.”); Rivera v. Commissioner of Social Sec., 728 F.Supp.2d 297, 322 (S.D.N.Y.2010) (“Where the ALJ has failed to develop the record adequately, remand to the Commissioner for further development is appropriate.”) Accordingly, the Court finds that remand of this case to the ALJ is appropriate due to the ALJ’s failure to develop the record in compliance with the Appeal Council’s June 14, 2011 Remand Order. See Savino v. Astrue, Case No. 07-CV-4233 (DLI), 2009 WL 2045397, at *10 (E.D.N.Y. July 8, 2009) (<HOLDING>); see also Tauber v. Barnhart, 438 F.Supp.2d Options: A. holding that a party waives remand on the basis of a procedural defect by filing a motion to remand more than thirty days after the case is removed B. holding that a remand order entered by a magistrate judge was beyond his statutory authority and concluding that review was proper because the court of appeals was not reviewing the merits of the remand order itself C. holding that remand was required on the basis that the alj ignored the remand order and disregarded the appeals councils explicit directives to use a ve to help determine whether the plaintiff could perform his past relevant work D. holding that the fourth circuit has jurisdiction to review a district courts sua sponte remand order even when that remand order is styled as a remand for lack of subject matter jurisdiction if the order was in fact based on the procedural insufficiency of the notice of removal E. holding that the trial court on remand erred when it adopted a new theory of damages contrary to the order of the court of appeals

assistant: The best answer is C. holding that remand was required on the basis that the alj ignored the remand order and disregarded the appeals councils explicit directives to use a ve to help determine whether the plaintiff could perform his past relevant work
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: (h), a further term of supervised release, extends beyond the expiration of the term of supervised release for any period reasonably necessary for the adjudication of matters arising before its expiration if, before its expiration, a warrant or summons has been issued on the basis of an allegation of such a violation. 18 U.S.C. § 3583(i) (emphasis added); see United States v. Hondras, 296 F.3d 601, 602 (7th Cir.2002) (stating that valid warrant or summons required for the district court to retain jurisdiction); United States v. Morales-Alejo, 193 F.3d 1102, 1104 (9th Cir.1999) (stating that prior to the expiration of supervised release, a warrant or summons must be issued for the district court to retain jurisdiction); United States v. Hazel, 106 F.Supp.2d 14, 14-15 (D.D.C.2000) (<HOLDING>). The emphasized portion of § 3583(i) quoted Options: A. holding that summons issued nearly seven months after the show cause order was entered was not issued immediately as required by statute B. holding that failure to serve debtors with filed complaint and issued summons rendered default judgment void C. holding that an order or judgment issued by a disqualified judge is void but not because the court lacked jurisdiction D. holding that court lacked jurisdiction because no warrant or summons was issued during term of supervision E. holding that a motion to modify a divorce decree was filed for purposes of rule 5105 when summons was issued

assistant: The best answer is D. holding that court lacked jurisdiction because no warrant or summons was issued during term of supervision
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: individualized suspicion that each child was in possession of tobacco products or a lighter,” affirmance is merited because such individualized suspicion to search Child and his backpack was nevertheless present. In support of its argument, the State acknowledges that Child’s mere presence at the smoker’s corner prior to stepping onto the school campus does not provide the requisite individualized suspicion. See generally State v. Jason L., 2000-NMSC-018, ¶ 21, 129 N.M. 119, 2 P.3d 856 (noting that New Mexico has not dispensed with the need for individualized suspicion and affirming the lower court’s determination that the actions of the defendant’s companion could not be used to justify the defendant’s detention); State v. Eli L., 1997-NMCA-109, ¶¶ 3, 11, 124 N.M. 205, 947 P.2d 162 (<HOLDING>). However, the State argues that individualized Options: A. recognizing policy and ruling that person who failed to file counterclaim when childs paternity was being determined in earlier litigation should not be allowed to bring later suit to establish that he was childs natural father as this would not be in the childs best interests B. holding that the childs proximity to the initial reported disturbance the childs dress in gangattire and the childs gangwhistle and the fact that another juvenile in the area had been found carrying a concealed weapon did not provide the necessary individualized suspicion to justify the search of the child in the school parking lot C. holding that the improper admission of hearsay testimony concerning a childs report of sexual abuse warranted reversal where the childs otherwise uncorroborated testimony was the sole basis for conviction and the hearsay augmented the childs testimony with additional detail in certain areas D. holding that trial court improperly awarded custody of child to the childs stepmother and grandparents where no pleading in the case was directed at such relief and the childs mother had no notice that the issue would be considered E. holding in a paternity action that the selection and change of the childs surname from the name chosen by the mother must be based on the trial courts determination that renaming is in the childs best interests and the record must affirmatively show such a name change is required for the welfare of the minor child

assistant: The best answer is B. holding that the childs proximity to the initial reported disturbance the childs dress in gangattire and the childs gangwhistle and the fact that another juvenile in the area had been found carrying a concealed weapon did not provide the necessary individualized suspicion to justify the search of the child in the school parking lot
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5. Recipient may disclose the Confidential Information in the event and to the extent Recipient reasonably believes any Confidential Information is required to be disclosed by Recipient under the terms of: (i) a valid and effective subpoena; (ii) a statute or regulation binding upon Recipient; (iii) an order issued by a court of competent jurisdiction; or (iv) by a demand or information request from an executive, regulatory or administrative agency or other governmental authority. Recipient shall endeavor to promptly notify the Disclosing Party of the existence, terms and circumstances surrounding such potential disclosure unless recipient reasonably believes that applicable law prohibits Recipient from informing the Disclosing Party of the potential disclosure.

assistant: No
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: Cosgrove’s breach of her promise to execute documents needed to correct errors and effectuate the provisions of the sales agreement, particularly the provision in which the parties agreed the Cades would reserve the mineral interests. “[A] breach of contract claim accrues when the contract is breached,” Stine, 80 S.W.3d at 592, and “‘[bjreach’ of a contract occurs when a party fails to perform an act that it has contractually promised to perform.” Greene v. Farmers Ins. Exch., 446 S.W.3d 761, 765 (Tex.2014). Here, Ms. Cosgrove did not — indeed, she could not — fail to perform her promise to correct the erroneous deed until after the Cades requested that she do so, just months before the Cades filed this suit. See Ingersoll-Rand Co. v. Valero Energy Corp., 997 S.W.2d 203, 211 (Tex.1999) (<HOLDING>); see also Nat’l Union Fire Ins. Co. of Options: A. holding that party did not breach its agreement to indemnify contractor until contractor made a demand for indemnity and party refused to perform and it was only at this time that the statute of limitations began to run B. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence C. holding that the government could not charge contractor excess cost of relet contract where government caused a delay in contract performance in which contractor was to use his own equipment original contractors costs increased and government refused to allow original contractor to perform at cost but allowed new contractor to use government equipment and paid new contractor a different rate D. holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code 523a2 because owner did not show that contractor had intent not to perform when the agreement was made E. holding that where oral loan was silent as to the time of repayment the statute of limitations began to run at the time the contract was made

assistant: The best answer is A. holding that party did not breach its agreement to indemnify contractor until contractor made a demand for indemnity and party refused to perform and it was only at this time that the statute of limitations began to run
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 or an Affiliate, as applicable, shall withhold all required taxes from an Actual Award, including any federal, state, local or other taxes, or otherwise require as a condition to grant and/or payment of any award that the Participant satisfy any applicable withholding obligations in a manner designed to comport with applicable law, Company practice and the terms of this Plan and, if applicable, the Stock Plan.

assistant: Tax 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 case excerpt and choose the best holding from the options. Case excerpt: “but an incident to the debt.” Eaton, No. 11-1382, slip op. at 4 (quoting Perry v. Oliver, 317 Mass. 538, 541, 59 N.E.2d 192 (1945)); see General Ice Cream Corp. v. Stern, 291 Mass. 86, 89, 195 N.E. 890 (1935) (“The debt is the principal thing and the mortgage is incident only.”); Maglione v. BancBoston Mortg. Corp., 29 Mass.App.Ct. 88, 90, 557 N.E.2d 756 (1990) (“Although a mortgage vests [legal] title [in the mortgagee], that title is defeasible and is an off-shoot of the underlying debt.”). A mortgage, by virtue of being a security interest only, “is of no value as property” when detached from the debt that it is intended to secure. Eaton, No. 11-1382, slip op. at 4 (quoting Sanger v. Bancroft, 78 Mass. 365, 367 (1859)); see Kinney v. Stevens, 207 Mass. 368, 370, 93 N.E. 586 (1911) (<HOLDING>). Contrary to the suggestion of the bankruptcy Options: A. holding that foreclosure of prior mortgage extinguished second mortgage B. holding that the note and the mortgage must coexist to give the mortgage validity C. holding that a mortgage or modification of a mortgage is not a good or a service under the dtpa D. holding court could consider a mortgage agreement not attached to the complaint in ruling on motion to dismiss because the complaint refers to the mortgage numerous times the mortgage is attached to this motion and is central to plaintiffs claims E. holding that because a mortgage provides the security for the repayment of the note the person having standing to foreclose a note secured by a mortgage may be either the holder of the note or a nonholder in possession of the note who has the rights of a holder

assistant: The best answer is B. holding that the note and the mortgage must coexist to give the mortgage validity
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 Option shall become immediately vested and exercisable upon completion of a Change in Control and remain exercisable through the Time of Termination regardless of whether Optionee remains in the employment or service of the Company. Notwithstanding any of the foregoing, in connection with a Change in Control, the Committee, in its sole discretion, at any time after the grant of the Option, may take whatever action it deems appropriate pursuant to Section 15.3 of the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: cert. denied, 513 U.S. 1051, 115 S.Ct. 654, 130 L.Ed.2d 558 (1994); see United States v. Bianco, 998 F.2d 1112, 1116-17 (2d Cir.1993), cert. denied, 511 U.S. 1069, 114 S.Ct. 1644, 128 L.Ed.2d 364 (1994); see also United States v. Tagbering, 985 F.2d 946, 950 (8th Cir.1993) (construing warrant and supporting affidavit “fairly” and in “ ‘commonsense’ ” manner) (citation omitted). Courts also recognize that the “conditions governing an anticipatory warrant [should be] ‘explicit, clear, and narrowly drawn’ ” to preserve the magistrate judge’s role in determining probable cause. Ricciardelli, 998 F.2d at 12 (quoting Garcia, 882 F.2d at 703-04); see Gendron, 18 F.3d at 965. The conditions in this case were stated in the affidavit supporting the warrant. See Hugoboom, 112 F.3d at 1087 (<HOLDING>). I therefore look at the context in which the Options: A. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant B. holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit C. holding that if sufficient untainted evidence was presented in the warrant affidavit to establish probable cause the warrant was nevertheless valid D. holding valid conditions for execution of the warrant which are constitutionally satisfactory stated in the affidavit that solicits the warrant and accepted by the issuing magistrate E. holding that it is a violation of the fourth amendment for police to bring members of the media or other third parties into a home during the execution of a warrant when the presence of third parties in the home was not in aid of the execution of the warrant

assistant: The best answer is D. holding valid conditions for execution of the warrant which are constitutionally satisfactory stated in the affidavit that solicits the warrant and accepted by the issuing magistrate
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: disrupt the normal flow of dialogue , cause a screen to `` scroll '' faster than other users of the yahoo services are able to type , or otherwise act in a manner that negatively affects other users ' ability to engage in real time exchanges ;

assistant: None