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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a heated, possibly violent argument, the only apartment from which there were any recent signs of activity. Because the argument stopped suddenly after Moore left the third-floor apartment, it was reasonable for the officers to suspect„that he was a participant in that argument. Upon seeing the officers, Moore clenched his hand in a manner indicating that he was attempting to hide something from the officers. Moore therefore was reasonably linked not only with indicia of drug activity, but of a violent confrontation. The hour was late and the neighborhood dangerous. Together, these circumstances supported the officers’ decision to search Moore’s hand for weapons within the lawful scope of the Terry stop. See Illinois v. Wardlow, 528 U.S. 119, 120 S.Ct. 673, 676, 145 L.Ed.2d 570 (2000) (<HOLDING>); United States v. Cruz, 156 F.3d 22, 26 (1st Options: A. holding that an officers observation of exchange of small object and money in a known drug trafficking area constituted reasonable suspicion B. holding that there was reasonable suspicion to stop an occupant of a parked car based on his presence late at night in an area known for drug activity his leaning over the car console with a faint light and his attempt to hide something upon seeing a police officer C. holding that flight from police can help establish reasonable suspicion for an investigatory stop D. holding that there was reasonable suspicion to stop the defendant based on his presence in an area known for heavy narcotics trafficking and his flight upon seeing police officers E. holding defendants unprovoked flight from area of heavy narcotic trafficking after noticing uniformed officers provided reasonable suspicion to detain and stating headlong flight wherever it occurs is the consummate act of evasion it is not necessarily indicative of wrongdoing but it is certainly suggestive of such

assistant: The best answer is D. holding that there was reasonable suspicion to stop the defendant based on his presence in an area known for heavy narcotics trafficking and his flight upon seeing police officers
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: Neither the execution nor the delivery by US Lighting of this Agreement or any Transaction Document to which US Lighting is a party, nor the consummation or performance by US Lighting of the transactions contemplated hereby or thereby will, directly or indirectly, (a) contravene, conflict with, or result in a violation of any provision of the US Lighting Organizational Documents; (b) contravene, conflict with or result in a violation of any Law, Order, charge or other restriction or decree applicable to US Lighting, or by which US Lighting or any of its respective assets and properties are bound or affected; (c) contravene, conflict with, result in any breach of, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, impair the rights of US Lighting under, or alter the obligations of any Person under, or create in any Person the right to terminate, amend, accelerate or cancel, or require any notice, report or other filing (whether with a Governmental Authority or any other Person) pursuant to, or result in the creation of a Lien on any of the assets or properties of US Lighting under, any note, bond, mortgage, indenture, Contract, License, permit, franchise or other instrument or obligation to which US Lighting is a party or by which US Lighting or any of its respective assets and properties are bound or affected; or (d) contravene, conflict with, or result in a violation of, the terms or requirements of, or give any Governmental Authority the right to revoke, withdraw, suspend, cancel, terminate or modify, any licenses, permits, authorizations, approvals, franchises or other rights held by US Lighting or that otherwise relate to the business of, or any of the properties or assets owned or used by, US Lighting, except, in the case of clauses (b), (c),or (d), for any such contraventions, conflicts, violations, or other occurrences as would not have a Material Adverse Effect on US Lighting.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each Originator shall maintain and shall cause each of its employees and officers to maintain the confidentiality of any fee letters and any confidential or proprietary information with respect to the Agents (and their affiliates) and the Agents’ (and their affiliates’) business obtained by it in connection with the structuring, negotiating and execution of the transactions contemplated herein, except (i) to the extent any such information becomes public information other than through a disclosure in violation hereof, (ii) to the extent such information becomes available to Transferee on a non-confidential basis from a source other than from any Originator and (iii) that such Originator and its officers and employees may disclose such information to such Originator’s (and its Affiliates’) directors, external accountants and attorneys and in accordance with any applicable law, rule, regulation, direction, request or order of any judicial, administrative or regulatory authority or proceedings (whether or not having the force or effect of law) ( provided that notice of any such law, rule, regulation, direction, request, order or proceedings shall be promptly furnished to the Transferee unless such notice is legally prohibited).

assistant: Confidentiality
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: No waiver shall be deemed to have been made by any Party of any of its rights hereunder unless the same shall be in writing and signed by the waiving Party. Such waiver, if any, shall be a waiver only in respect to the specific instance involved and shall in no way impair the rights of the waiving Party or the obligations of the other Party in any other respect and at any other time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 2003 accident. And when I questioned her she said, yes, at one point in time she was claiming that she was permanently injured because of that accident. I think that’s something that’s not insignificant and we should keep in mind when we look at the evidence of this particular case. In denying Squires’ motion for a new trial, the circuit court explained that the other pleading merely duplicated Kurtz’s testimony and was more prejudicial than probative. The circuit court further explained its concern that admitting the pleading would have violated the collateral source rule and risked tainting the jury because the jurors would have wanted to know if Kurtz was compensated from the other lawsuit. See Moore v. Kluthe & Lane Ins. Agency, Inc., 89 S.D. 419, 434, 234 N.W.2d 260, 269 (1975) (<HOLDING>). [¶ 23.] Squires’ main complaint is that he Options: A. holding that punitive damages are recoverable under the priceanderson act to the extent that damages assessed under the act would not be paid from federal monies B. recognizing that compensation from a collateral source indepen dent of the wrongdoer will not reduce the damages recoverable from the wrongdoer C. holding that payments from a tortfeasors insurer are not from a collateral source because they stem directly from the tortfeasor D. holding that unemployment compensation benefits received by plaintiff are collateral source and that defendant could not reduce personal injury damages because of such benefits E. holding that a clause providing that the insurer has a right to recover damages from a responsible third party referred to a tortfeasor because the use of damages in bodily injury cases means pecuniary compensation resulting from an unlawful or negligent act by a wrongdoer

assistant: The best answer is B. recognizing that compensation from a collateral source indepen dent of the wrongdoer will not reduce the damages recoverable from the wrongdoer
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the legislature. See Goldman, 151 N.H. at 773-74. II. Confidentiality Citing Goodrow v. Perrin, 119 N.H. 483, 485 (1979), and Whalen v. Roe, 429 U.S. 589 (1977), the respondent asserts that he “has a vested [constitutional] right to maintain the confidences he shared with his treatment team, which cannot be taken away by legislative fiat.” Although any such assertion is belied by his limited waivers of confidentiality discussed below with respect to his asserted contractual rights, we address this argument for guidance in other circumstances where such limited waivers may not exist. We have never recognized a constitutional right to the privacy of medical information on behalf of incarcerated persons and we decline to do so now. But cf. In re Caulk, 125 N.H. 226, 230 (1984) (<HOLDING>); Opinion of the Justices, 123 N.H. 554, 559 Options: A. holding that constitutional right of privacy does not apply to medical records B. recognizing stu dents right to be free of stateoccasioned damage to the students bodily integrity C. recognizing that the right to be free of stateoccasioned damage to a persons bodily integrity is protected by the fourteenth amendment guarantee of due process D. recognizing state constitutional right of individual privacy that may be asserted to prevent unwanted infringements of bodily integrity E. recognizing a constitutional right of privacy in mental health records

assistant: The best answer is D. recognizing state constitutional right of individual privacy that may be asserted to prevent unwanted infringements of bodily integrity
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: You represent that you are not bound by any employment contract, restrictive covenant or other restriction preventing you from carrying out your responsibilities for the Company, or which is in any way inconsistent with the terms of this letter. You further represent that you will not disclose to the Company or induce the Company to use any confidential or proprietary information or material belonging to any previous employer or others.

assistant: No Conflicts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause each Material Subsidiary to, maintain insurance with responsible companies in such amounts and against such risks as is usually carried by owners of similar businesses and properties in the same general areas in which the Company and its Material Subsidiaries operate; provided that self-insurance of risks and in amounts customary in the industry of the Company and its Material Subsidiaries shall be permitted.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By its signature, each Person executing this Agreement on behalf of a party hereto represents and warrants to the other parties hereto that it is duly authorized to execute this Agreement. The Senior Collateral Agent represents and warrants that this Agreement is binding upon the Senior Credit Agreement Secured Parties. The Junior Collateral Agent represents and warrants that this Agreement is binding upon the Junior Credit Agreement Secured Parties. Each Additional Senior Agent and Additional Junior Agent represents and warrants that this Agreement is binding upon the Additional Senior Secured Parties or Additional Junior Secured Parties for which it is acting as an agent.

assistant: Authorizations
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: terms of their agreements in writing”). As originally enacted in 1950, § 1823(e)(1) paralleled the facts of the D’Oench case itself: it applied only to the FDIC in its corporate capacity when it purchased bank assets from its receivership division. Verno (9th Cir.1992) (extending the D’Oench doctrine to a private bank, as the FSLIC’s successor-in-interest in a note); Timberland Design, Inc. v. First Serv. Bank for Sav., 932 F.2d 46, 49 (1st Cir.1991) (per curiam) (citing cases for the proposition that “courts have consistently applied the [D’Oench] doctrine to those situations where the FDIC was acting in its capacity as receiver”); Kilpatrick v. Riddle, 907 F.2d 1523, 1528 (5th Cir.1990) (extending the D’Oench do .2d 630 (1995); Sweeney v. RTC, 16 F.3d 1, 4 (1st Cir.) (per curiam) (<HOLDING>), cert. denied, — U.S. -, 115 S.Ct. 291, 130 Options: A. holding that no complete innocence exception to the doench doctrine exists B. holding that the doench doctrine extends to claims involving a wholly owned subsidiary of the failed financial institution in receivership C. holding that the doench doctrine extends broadly to cover any secret agreement adversely affecting the value of a financial interest that has come within the rtcs control as receiver of a failed financial institution including the financial interest of a whollyowned subsidiary D. holding that doench applies to secret side agreements made by subsidiaries and subsubsidiaries of the failed institution in receivership E. holding that a parent and its wholly owned subsidiary are legally incapable of conspiring with one another

assistant: The best answer is B. holding that the doench doctrine extends to claims involving a wholly owned subsidiary of the failed financial institution in receivership
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 satisfaction or waiver of the conditions set forth in this Section 3, the completion of the purchase and sale of the Shares shall occur in two stages, each a “ Closing ”. The initial Closing (the “ Initial Closing ”) shall occur on January 24, 2017. The Purchasers participating in the Initial Closing will purchase a minimum of $1 million of Shares in the aggregate. The final Closing (the “ Final Closing ”) shall occur no later than February 23, 2017, or as soon thereafter as may be practicable.

assistant: Closings
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 Maiden and Maiden Insurance is duly organized, validly existing and in good standing under the laws of its jurisdiction of formation, and has all requisite corporate power and authority to carry on the operations of its business as it is now being conducted. As of the Closing Date, each of Maiden and Maiden Insurance will have obtained all authorizations and approvals required under Applicable Law to perform their respective obligations under the Transaction Agreements.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without limitation of Purchaser’s rights under the special warranty of title in the Assignment, a Title Defect shall be and is hereby conclusively waived by Purchaser, Purchaser shall not be entitled to any adjustment for such Title Defect, and Seller shall not be obligated to cure such Title Defect, if: (i) Purchaser fails to provide a valid Notice of Title Defect to Seller of such Title Defect in accordance with Section 5.5(a) on or before the Defect Notice Deadline or the Second Defect Notice Deadline, as applicable; (ii) the Title Defect Value with respect to such Title Defect is less than the Title Defect Threshold; or (iii) the Allocated Value of the Asset affected by such Title Defect is less than the Title Defect Threshold.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Promptly upon reasonable request by the Administrative Agent (i) correct any material defect or error that may be discovered in the execution, acknowledgment, filing or recordation of any Collateral Document or other document or instrument relating to any Collateral, and (ii) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, deeds, certificates, assurances and other instruments as the Administrative Agent may reasonably request from time to time in order to carry out more effectively the purposes of the Collateral Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in April 2004, after which it denied appellant’s requests for an arrest of judgment or new trial, but granted appellant’s motion for a new penalty hearing. The court concluded that mitigation counsel had rendered ineffective assistance during his closing argument. The Commonwealth appealed the trial court’s order granting a new penalty phase hearing and appellant likewise filed an appeal in which he challenged the trial court’s denial of relief on all other claims set forth in his post-sentence motions. For the reasons that follow, we affirm the trial court’s orders granting a new penalty hearing and denying all other claims. In all instances in which the death penalty is imposed, this Court begins its review with an inquiry into the sufficiency of .the evidence 88 A.2d 564, 568 (2005) (<HOLDING>). This case is before us on direct appeal Options: A. holding guilt phase issues shall be resolved by this court even if death sentence has been vacated by trial court on collateral review B. holding that res judicata and collateral estoppel apply to issues resolved by arbitration where there has been a final determination on the merits notwithstanding a lack of confirmation of the award citations omitted C. holding that appellate court may only review issues actually presented to and considered by the trial court D. holding that in some circumstances a sentence on one count may be increased after the sentence on a similar or related count has been vacated on appeal E. holding that in a new sentencing proceeding after the original sentence has been vacated by the appellate court the trial court is not precluded from applying a drugtrafficking multiplier that it did not use in formulating the original sentence

assistant: The best answer is A. holding guilt phase issues shall be resolved by this court even if death sentence has been vacated by trial court on collateral review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE EITHER OF SUCH WAIVERS, (B) IT UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF SUCH WAIVERS, (C) IT MAKES SUCH WAIVERS VOLUNTARILY AND (D) IT HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 8(m) .

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: which offered a coherent theory of innocence based on the very limited exculpatory evidence in the record. A defense counsel need not be the equal of Clarence Darrow to pass constitutional muster, see Wise v. Smith, 735 F.2d 735, 738 (2d Cir. 1984), and in this case petitioner was plainly afforded constitutionally adequate representation at his trial. CONCLUSION For the reasons stated, I recommend that the writ be denied and the petition dismissed with prejudice. Pursuant to Rule 72 of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from this date to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of the Court 42, 43 (2d Cir.1967), cert. denied, 390 U.S. 1044, 88 S.Ct. 1643, 20 L.Ed.2d 305 (1968) (<HOLDING>). 1 . By the time of trial, Mr. White and Ms. Options: A. holding that the district court must resolve all claims for relief raised in a habeas petition regardless of whether habeas relief is granted or denied B. holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted C. holding that the insufficiency of factual data necessary for the resolution of a question presented is a reason for declining to grant declaratory relief D. holding that insufficiency of indictment is not a basis for habeas relief E. holding that remand for new trial is remedy for factual insufficiency of evidence

assistant: The best answer is D. holding that insufficiency of indictment is not a basis for habeas relief
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: None of the representations and warranties in this Agreement or in any schedule, instrument or other document delivered pursuant to this Agreement shall survive the Closing Date or the termination of this Agreement. This Section 15.2 shall not limit any covenant or agreement contained in this Agreement that by its terms is to be performed in whole or in part after the Closing Date or the termination of this Agreement.

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: No representation or warranty made by any Borrower in this Agreement or in any financial statement, report, certificate or any other document furnished in connection herewith contains any untrue statement of a material fact or omits to state any material fact necessary to make the statements herein or therein not misleading. There is no fact known to any Borrower or which reasonably should be known to such Borrower which such Borrower has not disclosed to Agent in writing with respect to the transactions contemplated by this Agreement which could reasonably be expected to have a Material Adverse Effect .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Committee will make appropriate adjustments in the terms and conditions of your Performance Shares in recognition of unusual or nonrecurring events affecting the Company or its financial statements (such as a Common Stock dividend, Common Stock split, recapitalization, payment of an extraordinary dividend, merger, consolidation, combination, spin-off, distribution of assets to stockholders other than ordinary cash dividends, exchange of shares, or other similar corporate change), or in recognition of changes to applicable laws, regulations, or accounting principles, to prevent unintended dilution or enlargement of the potential benefits of your Performance Shares. The Committee’s determinations in this regard will be conclusive.

assistant: Adjustments
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 Guarantor hereby guarantees that payments hereunder will be paid to the Secured Parties without set-off or counterclaim in U.S. dollars at the address set forth or referred to in the Signature Pages to the Purchase Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Credit Party executing this Agreement acknowledges that it is not authorized to file any financing statement or amendment or termination statement with respect to any financing statement without the prior written consent of Agent and agrees that it will not do so without the prior written consent of Agent, subject to Borrower’s rights under Section 9-509(d)(2) of the UCC.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties acknowledge and agree that: the form and timing of the Retirement Agreement Payments and the other payments and benefits to be provided pursuant to this Retirement Agreement are intended to be exempt from or to comply with the requirements of Section 409A, including the requirement for a six-month suspension on payments to “specified employees” as defined in Section 409A that are not otherwise permitted to be paid within the six-month suspension period. Notwithstanding the foregoing, it is also agreed that you have had the opportunity to seek the advice of independent tax counsel with respect to the potential application of Section 409A to the Retirement Agreement Payments and the other payments and benefits described in this Retirement Agreement, and are not relying upon the advice of the Company or any person affiliated with the Company with respect thereto. In no event shall the Company or any person affiliated with the Company have any liability to you with respect to any adverse tax consequences, under Section 409A or otherwise, related to the payment of the Retirement Agreement Payments and the other payments and benefits described in this Retirement Agreement.

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: prior litigation. See Response to Motion, dkt. no. 22, P-2 However, the Defendant contends that the issues decided by the state court are not identical to the issues concerning the nondischargeability claim because the April 4 Order did not establish the existence of an express trust. In support, the Defendant asserts, without any supporting authority, that a fiduciary relationship under § 523(a)(4) is limited to express and technical trusts. The Defendant is mistaken. The Seventh Circuit has made clear that a fiduciary duty for purposes of § 523(a)(4) also applies in circumstances which, “while not involving trusts in a formal sense, seemed to call for the imposition of the same high standard.” In re Marchiando, at 1115; see also In re McDade, 282 B.R. 650, 658 (Bankr.N.D.Ill.2002) (<HOLDING>); In re Odeh, 431 B.R. 807, 816 Options: A. holding that certain fiduciary duty claims did not arise out of the underlying contractual provisions B. holding that a statutorilyimposed fiduciary obligation created an express trust fiduciary relationship for purposes of 523a4 C. holding that express warranty claims that could only arise out of fda approval are preempted D. recognizing that fiduciary relationships may arise for nondischargeability purposes outside of express trusts E. holding that jury verdict in prior state court fraud action including finding that debtor willfully breached fiduciary duty had preclusive effect on courts determination of nondischargeability based on defalcation while acting in a fiduciary capacity under 523a4

assistant: The best answer is D. recognizing that fiduciary relationships may arise for nondischargeability purposes outside of express trusts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that tinder may access , preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access , preservation or disclosure is reasonably necessary , such as to : ( i ) comply with legal process ; ( ii ) enforce this agreement ; ( iii ) respond to claims that any content violates the rights of third parties ; ( iv ) respond to your requests for customer service ; or ( v ) protect the rights , property or personal safety of the company or any other person .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrowers or the Administrative Agent, sell participations to any Person (other than a natural Person, a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural person, a Defaulting Lender or a Borrower or any of a Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swingline Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrowers, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participations.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Choice policy” refers to an insurance policy issued by Medica to Randall. 2 . Although Patch and Syring were covered by separate PHP policies, the policy language at issue in this case was identical in each PHP policy. 3 . Allen v. United States, 668 F.Supp. 1242, 1247 (W.D.Wis.1987) (interpreting a federal statute that only allowed subrogation when there was tort liability); Arizona Property & Cas. Ins. Guar. Fund v. Herder, 156 Ariz. 203, 208-09, 751 P.2d 519, 524 (1988) (interpreting "persons or organizations who may be legally responsible” for bodily injuries in limit-of-liability clause involving "amounts otherwise payable for damages” to include only parties who were responsible for the infliction of the injuries); Employers Health, 161 Wis.2d at 945-47, 469 N.W.2d at 175-76 (<HOLDING>); Hamed v. County of Milwaukee, 108 Wis.2d 257, Options: A. holding that a clause providing that the insurer has a right to recover damages from a responsible third party referred to a tortfeasor because the use of damages in bodily injury cases means pecuniary compensation resulting from an unlawful or negligent act by a wrongdoer B. recognizing that compensation from a collateral source indepen dent of the wrongdoer will not reduce the damages recoverable from the wrongdoer C. holding that pecuniary damages are not property damages under insureds policy D. holding no right to recover for economic loss resulting from defendants injury to a third party with whom plaintiff has contractual business relationship E. holding that the right to recover a particular measure of damages in a workers compensation case is fixed as of the date of injury

assistant: The best answer is A. holding that a clause providing that the insurer has a right to recover damages from a responsible third party referred to a tortfeasor because the use of damages in bodily injury cases means pecuniary compensation resulting from an unlawful or negligent act by a wrongdoer
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: injunction and the money damages are nondischargeable in bankruptcy. In July, 1998, this court granted Dent Wizard retroactive relief from stay to validate the March 30th judgment and enforce its injunction against Brown. Dent Wizard now seeks judgment, as a matter of law, that the Missouri judgment is nondischargeable. II. DISCUSSION A. Dischargeability of the Injunction Dent Wizard seeks a determination that the injunction which it obtained in the Missouri judgment does not constitute a claim under Bankruptcy Code Section 101(5), and thus cannot be discharged in bankruptcy. The Code defines “claim” broadly, in relevant part, as a “right to an equitable remedy for breach of performance if s inding that the injunction did constitute a claim); In re Brown, 1997 WL 786994 (E.D.Pa.1997) (<HOLDING>). I find Ward convincing in its argument, Options: A. holding that equitable relief under rico is available only to the government B. holding damages do not constitute other equitable relief C. holding that jurys finding was binding on court considering claim for equitable relief D. holding that the creditors right to equitable relief constituted a dischargeable claim E. holding that a jury trial was not required when the money demand although specific was incidental and ancillary to the equitable relief requested and would ripen only if equitable relief were granted

assistant: The best answer is D. holding that the creditors right to equitable relief constituted a dischargeable 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 legal provision and list the applicable contract clause categories. Provision: All communications hereunder shall be in writing and, if sent to the Initial Purchasers, shall be mailed or delivered to Citigroup Global Markets Inc., 388 Greenwich Street, New York, New York 10013, Attention: General Counsel, Facsimile: (646) 291-1469; and if sent to the Partnership, shall be mailed or delivered to the Partnership at 1000 Louisiana Street, Suite 4300, Houston, Texas 77002, Attention: Chief Financial Officer; with a copy to Vinson & Elkins L.L.P., 1001 Fannin Street, Suite 2500, Houston, Texas 77002, Attention: Christopher S. Collins.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: as part of delivering the xbox services , we make information pertaining to your gamertag , gameplay , your content that you make public , and activity on and usage of any xbox service available for the operation and delivery of ( a ) other xbox services and ( b ) third-party games that use xbox services .

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: 7. Each Respondent shall be entitled to disclose or make available any Information it receives from the ETI or any other Respondent to such of its employees, officers, consultants, sub-contractors, proposed sub-contractors, proposed funders, proposed owners or lessors of sites for the Project, owners or licensors of Third Party IP and professional advisers where such disclosure is necessary for the Purpose provided that all such persons to whom any Information is disclosed are bound by written obligations that are no less restrictive than those in this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: 1.2 your legal agreement with youtube is made up of ( a ) the terms and conditions set out in this document , ( b ) youtube 's privacy policy ( https://www.youtube.co.uk/t/privacy ) and ( c ) youtube 's community guidelines ( https://www.youtube.co.uk/t/community_guidelines ) ( collectively called the `` terms '' ) .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties agree to reasonably cooperate with each other in connection with any actions required to be taken as part of their respective obligations under this Agreement, and shall (a) furnish to each other such further information; (b) execute and deliver to each other such other documents; and (c) do such other acts and things (including working collaboratively to correct any clerical, typographical, or other similar errors in this Agreement), all as the other Party may reasonably request for the purpose of carrying out the intent of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: habit, usage or practice in [his] conduct,” but never identifies precisely what particular custom or policy of Denver Health Mr. Khazanov was acting pursuant to.... As cases like Twombly and Iqbal make clear, such conclusory pleadings are insufficient to state a claim. Accordingly, Denver Health is entitled to dismissal of the Monell claim against it. 2011 WL 3820730, at *8 (alterations in original)(footnote omitted) (citation omitted). Last, in Young v. City of Albuquerque, the Court dismis lead that the policy exists, reasoning that the usual rule of pleading — that courts are to accept all allegations as true at the motion-to-dismiss stage — applies in the context of pleading a Monell policy, practice, or custom. See Bartholomew v. Fischl, 782 F.2d 1148, 1152-53 (3d Cir.1986)(<HOLDING>); Estate of Bailey by Oare v. York Cnty., 768 Options: A. holding that a policy for purposes of municipal liability may be established by an officials single decision B. holding that where a public official takes discretionary action that the official knows will directly benefit a financial interest that the official has concealed in violation of a state criminal law that official has deprived the public of his honest services under 1346 C. holding that a plaintiff who pleaded a single instance of illegality had nonetheless sufficiently pleaded the existence of an official policy or official conduct sufficient to support municipal liability D. holding that discrimination against a municipal employee could trigger municipal liability under 1983 through official policy or custom E. holding that the question of whether a municipal official is a policymaking official is a matter of state law to be decided by the court

assistant: The best answer is C. holding that a plaintiff who pleaded a single instance of illegality had nonetheless sufficiently pleaded the existence of an official policy or official conduct sufficient to support municipal 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 legal provision and list the applicable contract clause categories. Provision: None of the Loan Parties or their Restricted Subsidiaries is in default in the payment or performance or observance of any material Contractual Obligation, which default, either alone or in conjunction with all other such defaults, has had or is likely to have a Materially Adverse Effect.

assistant: No Defaults
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: the TIAA contract refers to an “accumulation,” the quoted term appears to be nothing more than a figure of speech — a shorthand expression of the running tally maintained by TIAA of credits and debits pertaining to the computation of the Debtor’s annuity/death benefit. Put simply, the Debtor’s contract with TIAA neither explicitly nor implicitly restricts the latter’s use of premium payments. Consequently, and in stark contrast to the CREF account, TIAA was under no contractual obligation to invest the payments in such a manner as to protect or benefit the Debtor’s economic well-being. Since there is no identifiable “res” with respect to which the Debtor held an equitable ownership interest, the Court concludes that a trust was not established with TIAA. See Morter, 110 B.R. at 395 (<HOLDING>); see also, e.g., Hughes v. Sun Life Assur. Co. Options: A. holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur B. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract C. holding that a federal regulation did not create privity of contract between the plaintiff and the government D. holding that the tiaa contract did not create a trust and noting that the contract provided for a guaranteed fixed income to the annuitant irrespective of the portfolios later returns E. holding that the legal effect of a contract must be determined from words of entire contract and court may not violate the clear meaning to create ambiguity

assistant: The best answer is D. holding that the tiaa contract did not create a trust and noting that the contract provided for a guaranteed fixed income to the annuitant irrespective of the portfolios later returns
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: 6(a), thus extending the deadline to November 15, 2004. Because plaintiff filed its objection on November 15, 2004, the objection is timely. Accordingly, defendant’s motion to strike the objection is DENIED. 2. Contrary to plaintiffs argument, Magistrate Judge Brazil did not err by requiring plaintiff to show, with respect to its claims against defendant, that “there is a real evidentiary basis for believing that the defendant has engaged in wrongful conduct that has caused real harm to the interests of the plaintiff.” (See Report at 7:25 — 8:2.) Indeed, the case upon which plaintiff primarily relies, as well as the case on which the Magistrate Judge primarily relies, both require such a showing. See Sony Music Entertainment Inc. v. Does 1-40, 326 F.Supp.2d 556, 564-65 (S.D.N.Y.2004) (<HOLDING>); Columbia Ins. Co. v. Seescandy.com, 185 Options: A. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 B. holding the plaintiff satisfies the burden of a prima facie case by a preponderance of the evidence C. holding that plaintiff could not establish prima facie case of discrimination where plaintiff failed to meet minimum qualifications for job D. holding to establish a claim of retaliation under title viis participation clause plaintiff must make a prima facie case by showing that defendants discharged him because he filed a claim with the eeoc E. holding plaintiff must make concrete showing of a prima facie claim of actionable harm denying motion to quash subpoena to undercover identity of doe defendants where inter alia plaintiff offered sufficient evidence to show it could establish prima facie claim

assistant: The best answer is E. holding plaintiff must make concrete showing of a prima facie claim of actionable harm denying motion to quash subpoena to undercover identity of doe defendants where inter alia plaintiff offered sufficient evidence to show it could establish prima facie 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 legal provision and list the applicable contract clause categories. Provision: In the event any provision of this Agreement conflicts with the law under which this Agreement may be construed or if any such provision be held invalid by a court, such provision shall be deleted from the Agreement and the Agreement shall be construed to give effect to the remaining provisions hereof. The invalidity or unenforceability of any provisions of this Agreement will not affect the validity or enforceability of any other provisions.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: parents of children under the age of 13 understand and agree that tpci and/or niantic may provide information submitted to tpci and/or niantic , or collected via the services , to third parties who use such information for the sole purpose of administering or providing services ( e.g. , third-party security monitoring services and web-hosting companies ) .

assistant: None