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: The Company has full power and authority and has taken all requisite action on the part of the Company, its officers, directors and stockholders necessary for (i) the authorization, execution and delivery of the Transaction Documents, (ii) the authorization of the performance of all obligations of the Company hereunder or thereunder, and (iii) the authorization, issuance (or reservation for issuance) and delivery of the Securities The Transaction Documents constitute the legal, valid and binding obligations of the Company, enforceable against the Company in accordance with their terms, subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium and similar laws of general applicability, relating to or affecting creditors’ rights generally.

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: protected by the First Amendment. For these reasons, I would conclude that Instruction No. 17 misstated the applicable law. I would remand for retrial of the IED issue without affording Leykis the protection of the ruling that Carpenter is a public figure. 1 . 485 U.S. 46, 108 S.Ct. 876, 99 LEd.2d 41 (1988). 2 . Whether Carpenter is a public figure is a question of law that we decide de novo. Mount Juneau Enters., In (citing Wolston, 443 U.S. at 167-68, 99 S.Ct. 2701). 13 . Gertz, 418 U.S. at 351-52, 94 S.Ct. 2997. Our previous cases concluding that a person had become a limited-purpose public figure all involved situations in which the person made public expressions of opinion or sought public approval. See Mount Juneau Enters., Inc. v. Juneau Empire, 891 P.2d 829, 835 (Alaska 1995) (<HOLDING>); Beard v. Baum, 796 P.2d 1344, 1353 (Alaska Options: A. holding that tramway project developer who voluntarily sought public approval of project was public figure B. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice C. holding that a soccer player was a public figure within the local sports community D. holding that former state transportation department employee who brought allegations of departmental corruption to public attention was public figure E. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public

assistant: The best answer is A. holding that tramway project developer who voluntarily sought public approval of project was public figure
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 Lead Arrangers shall have received (i) the audited Consolidated balance sheets of the Acquired Company and its Subsidiaries as of June 30, 2017, June 30, 2016 and June 30, 2015 and the related audited statements of income and cash flows for the fiscal year of the Acquired Company then ended, (ii) unaudited Consolidated balance sheet of the Acquired Company and its Subsidiaries as of the interim period most recently ended at least 45 days prior to the Amendment Closing Date and related unaudited interim statements of income, and (iii) pro forma Consolidated balance sheet of the Borrowers and their Subsidiaries for the four-quarter period ended as of the interim period most recently ended at least 45 days prior to the Amendment Closing Date (or 60 days for the period ending December 31, 2017) and related unaudited interim statements of income, in each case, giving pro forma effect to the Transactions.

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

user: As used in this letter agreement (this “Agreement”), the term “Evaluation Material” means all information regarding the Company, its affiliates and its and their respective businesses, technology, products, prospects and plans, a Transaction (including the fact that the Company or its affiliates may pursue a Transaction with you and the existence and terms of this Agreement) and other information furnished to you or your Representatives (as defined below) by the Company or any of its Representatives in connection with the Transaction, irrespective of form or medium of communication, whether prepared by the Company, its Representatives or otherwise and whether furnished on or after the date of this Agreement, together with all tangible and intangible embodiments and copies thereof and together with any and all analyses, compilations, summaries, forecasts, studies or other materials prepared by you or your Representatives that contain, are based on or otherwise incorporate, in whole or part, such information. 3. Unless otherwise required by applicable law or legal process or stock exchange rule or regulation, but only after compliance with paragraph 6 below under the heading “Compelled Disclosure,” neither the Company nor its Representatives will, without your prior written consent, disclose to any other person that investigations, discussions or negotiations have taken or may take place concerning a possible Transaction, or any of the terms, conditions or other facts with respect to any such possible Transaction, including, without limitation, the status thereof, the existence and terms of this Agreement and the fact that the Evaluation Material has been made available to you. 4. Unless otherwise required by applicable law or legal process or stock exchange rule or regulation, but only after compliance with paragraph 6 below under the heading “Compelled Disclosure,” neither you nor your Representatives will, without the Company’s prior written consent, disclose to any other person either the fact that the Company or its affiliates may pursue a Transaction with you or anyone else, that investigations, discussions or negotiations have taken or may take place concerning a possible Transaction, or any of the terms, conditions or other facts with respect to any such possible Transaction, including, without limitation, the status thereof, the existence and terms of this Agreement and the fact that the Evaluation Material has been made available to you.

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 legal provision and list the applicable contract clause categories. Provision: In the event of any actual or threatened default in, or breach of, any of the terms, conditions and provisions of this Agreement, the Party who is or is to be thereby aggrieved shall have the right to specific performance and injunctive or other equitable relief of its rights under this Agreement, in addition to any and all other rights and remedies at law or in equity, and all such rights and remedies shall be cumulative. The Parties agree that the remedies at law for any breach or threatened breach, including monetary damages, may be inadequate compensation for any loss, and that any defense in any action for specific performance that a remedy at law would be adequate is waived. Any requirements for the securing or posting of any bond with such remedy are waived by the Parties to this Agreement.

assistant: Specific Performance
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: evidence of Joseph Grendi’s activities that the plaintiffs have presented, there is clearly evidence from which a reasonable jury could conclude that Joseph Grendi exercised actual control over JWP’s procedures and activities. Joseph Grendi next argues that he may not be subject to control person liability based on the activities of McGinn and McQuade because the class plaintiffs have failed to allege that McGinn and McQuade committed primary violations of the securities laws. This argument is more persuasive. While the class plaintiffs need not name McGinn and McQuade as defendants in order to recover under § 20, they must at least allege that McGinn and McQuade committed primary violations. See In re Citisource, Inc. Securities Litigation, 694 F.Supp. 1069, 1072, 1077 (S.D.N.Y.1988) (<HOLDING>). The class plaintiffs’ complaint is, however, Options: A. holding that the presence of conclusory terms in a complaint does not insulate it from dismissal when the facts alleged cannot support the charges contained in the complaint B. holding that plaintiff need not name alleged primary violators as defendants but describing detailed allegations of their wrongdoing contained in complaint C. holding that a court need not accept as true conclusory allegations which are contradicted by documents referred to in the complaint D. recognizing that one of those conditions for a district judge to grant leave to amend the complaint may properly be that claims contained in the original complaint but not included in the amended complaint be considered dismissed with prejudice E. holding that a complaint that included only allegations of intentional wrongdoing also set forth grounds for liability based on unintentional wrongdoing

assistant: The best answer is B. holding that plaintiff need not name alleged primary violators as defendants but describing detailed allegations of their wrongdoing contained in complaint
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 them precludes the Commission from ascertaining and considering fair value in setting rates, and the Rules are otherwise consistent with the Commission’s constitutional mandate to ascertain fair value. The Cooperatives and the Council counter that the Rules are facially unconstitutional because they make no provision for finding fair value and R14-2-1611(A) is inconsistent with the constitutional requirement to determine and consider this factor in setting rates. ¶46 The Rules are unconstitutional on their face if they cannot be applied under any circumstances without violating Article 15, Sections 3 and 14. Reno, 507 U.S. at 301, 113 S.Ct. 1439. Otherwise, their eonstitu- tionality can only be attacked as applied in particular circumstances. Williams v. 29 P.2d 668, 670 (1942) (<HOLDING>). Moreover, the Rules empower the Commission to Options: A. holding that a provision of the constitution is to be construed in the sense in which it was understood by the framers and the people at the time of its adoption but that if new products or circumstances that did not exist at the time the constitutional provision was enacted fall within the meaning of the provision the constitutional provision applies to them B. holding right to testify was federal constitutional right C. holding that a statute is unconstitutional if it clearly contravenes a constitutional provision D. holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action E. holding that the constitutional right to effective assistance of counsel does not extend to parental termination proceedings without identifying any specific constitutional provision

assistant: The best answer is D. holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action
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: tripadvisor will have no liability with respect to the acts , omissions , errors , representations , warranties , breaches or negligence of any third-party suppliers or for any personal injuries , death , property damage , or other damages or expenses resulting from your interactions with third-party suppliers .

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: Schedule 6.21(a) sets forth, as of the date hereof and after giving effect to the reorganization previously disclosed to the Agent, all of the Subsidiaries of Borrower, the form and jurisdiction of organization of each of the Subsidiaries, and the owners of the direct and indirect ownership interests therein. Schedule 6.21(b) sets forth, as of the date hereof, all of the Unconsolidated Subsidiaries of Borrower and its Subsidiaries, the form and jurisdiction of organization of each of the Unconsolidated Subsidiaries, Borrower’s or its Subsidiary’s ownership interest therein and the other owners of the applicable Unconsolidated Subsidiary. No Person owns any legal, equitable or beneficial interest in any of the Persons set forth on Schedules 6.21(a) and 6.21(b) except as set forth on such Schedules.

assistant: Subsidiaries
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 Assignment may be executed in multiple counterparts which, taken together, shall constitute one fully executed and effective Assignment. Executed counterparts delivered by facsimile, email/PDF or other electronic means shall have the same force and effect as wet-signed original counterparts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For valuable consideration, the receipt and sufficiency of which hereby are acknowledged, each Seller hereby sells, assigns and transfers unto the Buyer all of the issued and outstanding Membership Interests held by such Seller on the terms and conditions set forth in the Purchase Agreement. The Buyer hereby agrees to be bound by the terms and conditions of the Operating Agreement as a “Member” thereunder (as defined in the Operating Agreement). Simultaneous with and effective upon the transfer of the Membership Interest and the Buyer’s admission as a Member, each of the Sellers hereby withdraws as a Member.

assistant: Assignments
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: as an investigative stop, we ... examine whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly.” United States v. Sharpe, 470 U.S. 675, 686, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985). Vinton contends that “[ajfter the frisk was complete, the officers continued to detain Vinton for approximately 45 minutes, including 30 minutes until Investigator Hodge arrived on the scene and an additional 15 minutes while the[y] obtained advice from supervisors .... ” Appellant’s Br. 38-39. However, Vinton waived this argument by failing to raise it before the district court. See Fed.R.Crim.P. 12(e) (any defense or objection not raised in a motion to suppress is waived); United States v. Redman, 331 F.3d 982, 986 (D.C.Cir.2003) (<HOLDING>). In any event, within the first few minutes of Options: A. holding that party waived argument by failing to brief it on appeal B. holding that appellant waived argument by failing to raise argument before workers compensation board and failing to list or brief issue in administrative appeal to superior court C. holding that the appellant waived this argument D. holding appellant waived argument by failing to assert it at suppression hearing E. holding that appellant by failing to object to commissioners authority before or at the administrative hearing waived any challenge

assistant: The best answer is D. holding appellant waived argument by failing to assert it at suppression hearing
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: policies underlying its law, the state has no interest in having its law apply.” Ibid, (citing D’Agostino, supra, 255 N.J.Super. at 315-17, 605 A.2d 252). It is uncontested that Quintana Roo’s interest in the application of its contributory negligence principles to plaintiffs negligence claim arises from its perceived need to regulate the conduct of its hotel managers and employees. The State has a similarly strong interest in controlling conduct among tourists who provide a significant portion of the country’s economic wealth. It also has an interest in maintaining the predictability of its tort laws, among others, as such laws have an impact on Mexico’s economy both generally and through its tourist industry. Cf. Hernandez v. Burger, 102 Cal.App.3d 795, 162 Cal.Rptr. 564, 568 (1980) (<HOLDING>). The interest of Quintana Roo is thus directly Options: A. recognizing tedder as a significant procedural safeguard B. holding that the classofone equal protection theory has no place in the public employment context C. recognizing protection of the tourist industry as significant in a damages context D. holding that lprs are entitled to the protection of the equal protection clause E. recognizing fiduciary exception in the erisa context

assistant: The best answer is C. recognizing protection of the tourist industry as significant in a damages context
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: time and circumstances of [her] acquisition of the right, title, or interest in the property, any additional facts supporting [her] claim, and the relief sought.” 21 U.S.C. § 853(n)(3). 16 . 18 U.S.C. § 1963(l), which concerns the forfeiture of assets as part of a criminal penalty, and Section 853(n) contain identical procedures for the hearing of third-party claims to assets subject to forfeiture. 17 . The government additionally argues that Griffin's prospective claim would also fail on the merits. (Gov. Opp. at 3.) However, in light of holding that Griffin lacks standing to file a third-party petition, the court need not also address the merits of Griffin’s prospective claim. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 109-10, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) Options: A. holding that courts lack jurisdiction to address merits of a claim where party raising the claim is found to lack standing to maintain suit B. holding that lack of justiciable interest resulted in lack of standing to pursue claim and that lack of standing deprived the trial court of jurisdiction to act C. holding after we found standing following a district courts dismissal for lack of subject matter jurisdiction that the merits will be for the district court to decide on remand D. holding that lack of appellate jurisdiction is fundamental error E. holding that this lack of any reasonable expectation of continued employment suffices to establish the lack of property in the constitutional sense and hence the lack of a viable due process claim

assistant: The best answer is A. holding that courts lack jurisdiction to address merits of a claim where party raising the claim is found to lack standing to maintain suit
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: Item 6.21 (“ Insurance ”) of the Disclosure Schedule sets forth a true, complete and correct description of all insurance maintained by any Loan Party or any Subsidiary of any Loan Party as of the Amendment Effective Date. As of such date, such insurance is in full force and effect and all premiums have been duly paid.

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 case excerpt and choose the best holding from the options. Case excerpt: is said to be in contract alone.” Neibarger v. Universal Coops., Inc., 439 Mich. 512, 486 N.W.2d 612, 615 (Mich.1992). This is because parties to a commercial transaction are capable of allocating the risks of economic damages in their agreement. Id. at 616. Contract law should thus not be allowed to “drown in a sea of tort.” Huron Tool and Eng’g Co. v. Precision Consulting Servs., Inc., 209 Mich.App. 365, 532 N.W.2d 541, 546 (1995); see also Miller v. United States Steel Corp., 902 F.2d 573, 574 (7th Cir.1990) (“[T]ort law is a superfluous and inapt tool for resolving purely commercial disputes.”). Because Irwin seeks recovery for economic loss only, its negligent-misrepresentation claim cannot survive. See Bailey Farms Inc. v. NOR-AM Chem. Co., 27 F.3d 188, 191-92 (6th Cir.1994) (<HOLDING>). Nor does Irwin make any arguments in support Options: A. holding that michigans economicloss doctrine bars recovery through the tort of negligent misrepresentation for economic loss caused by a product purchased for commercial purposes B. holding that subject to certain exceptions the economic loss rule bars recovery in tort for economic damages arising out of matters governed by contract C. holding negligent misrepresentation sufficient D. holding economic loss rule did not bar negligent misrepresentation claim where parties had no contract E. holding economic loss doctrine bars negligence claim based on service contract

assistant: The best answer is A. holding that michigans economicloss doctrine bars recovery through the tort of negligent misrepresentation for economic loss caused by a product purchased for commercial purposes
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: physical boundaries of his property when harm reaching outside those boundaries is foreseeable.” Id. In Almarante, the plaintiff was struck and injured by a motorcycle while crossing a highway that ran between two school dormitory buildings that she frequented as a student. Id. at 704. The defendant moved to dismiss on the basis that it had no legal duty to provide a reasonably safe passage across property that it did not own. Id. The Almarante court held that plaintiffs complaint stated a valid cause of action because the school created a foreseeable zone of danger for its students by building its dormitory on either side of a busy highway without taking steps to ensure their safe passage. Id. at 705; see also Bailey Drainage Dist. v. Stark, 526 So.2d 678, 682 (Fla.1988) (per curiam) (<HOLDING>); Gunlock v. Gill Hotels Co., 622 So.2d 163, Options: A. holding that even if the industry and federal regulations evidenced an inherent danger and the defendant knew or should have realized that the device was or was likely to be dangerous for the use for which it was supplied there was a complete absence of evidence that the defendant had reason to believe that the plaintiff or its employees would not realize the danger B. holding that even if overgrown brush causing a dangerous condition for passing motorists was located on privately owned property so that removal is not an option the defendant still has a duty to warn of the danger C. recognizing that duty to warn of dangerous conditions could be based on constructive knowledge of that condition as well as actual knowledge D. holding that engineering firm whose work was dictated by and complied with contractual specifications had no duty to warn of dangerous condition on premises E. holding that no abandonment of property as homestead was shown merely because after house located on property was destroyed in hurricane debtor had quit premises allowed property to become overgrown with weeds and posted a for sale sign

assistant: The best answer is B. holding that even if overgrown brush causing a dangerous condition for passing motorists was located on privately owned property so that removal is not an option the defendant still has a duty to warn of the danger
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: 16 F.3d 590 (4th Cir. 1994), the Fourth Circuit discussed at length the purpose and intent behind the Act as follows: “Congress enacted EMTALA in response to its concern that hospitals were ‘dumping’ patients (who were) unable to pay, by either refusing to provide emergency medical treatment or transferring patients before their emergency conditions were stabilized. Brooks v. Maryland General Hospital Inc., 996 F.2d 708, 710 (4th Cir. 1993). Through EMTALA, Congress sought ‘to provide an adequate first response to a medical crisis for all patients,’ Baber v. Hospital Corp. of America, 977 F.2d 872, 880 (4th Cir. 1992) (quoting 131 Cong. Rec. S13904 (daily ed. October 23, 1985) (statement of Senator Dole)); see also, Brooker v. Desert Hospital Corp., 947 F.2d 412, 415 (9th Cir. 1991) (<HOLDING>); Gatewood v. Washington Healthcare Corp., 933 Options: A. holding that hospital did not violate emtala by failing to follow a thrombolysis protocol because by its very terms the protocol was not expressly applicable to patients in the er B. holding that emtala applies to any and all patients C. holding that a company providing administrative purchasing and financial services to a hospital was not a hospital and thus could not be held directly liable under emtala D. holding that trial court abused its discretion in ordering chiropractor to disclose the identity of all patients that had any type of connection to the plaintiffs attorneys and to produce all billing records for services rendered to attorneys or patients E. holding that doctors do not have to accept patients

assistant: The best answer is B. holding that emtala applies to any and all patients
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is the restricted stock agreement referred to in Section 2.5 of the Plan. If there is any conflict between the Plan and this Agreement, the provisions of the Plan shall control. Any dispute or disagreement which shall arise under or in any way relate to the interpretation or construction of the Plan or this Agreement shall be resolved by the Committee and the decision of the Committee shall be final, binding and conclusive for all purposes. The Grantee and the Company irrevocably submit to the exclusive and sole jurisdiction and venue of the state courts of Allegheny County, Pennsylvania and the federal courts of the Western District of Pennsylvania with respect to any and all disputes arising out of or relating to the Plan, this Agreement, and/or the Restricted Stock, and agree that (a) sole and exclusive appropriate venue for any such action shall be such Pennsylvania courts, and no other, (b) all claims with respect to any such action shall be heard and determined exclusively in such Pennsylvania courts, and no other, (c) such Pennsylvania courts shall have sole and exclusive jurisdiction over the Grantee and the Company and over the subject matter of any dispute relating hereto and (d) the Grantee and the Company waive any and all objections and defenses to bringing any such action before such Pennsylvania courts, including but not limited to those relating to lack of personal jurisdiction, improper venue or forum non conveniens .

assistant: 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: conviction constitutes a violent felony. See United States v. Coleman, 158 F.3d 199, 202 (4th Cir.1998) (en banc). The instructions underlying Wardrick’s 1983 assault conviction support the proposition that the district court did not err in characterizing that conviction as a violent felony. In Maryland, a common-law assault “presents the unusual situation in which an offense may be committed in one of two ways — one of which requires the use, attempted use, or threatened use of physical force and one of which does not.” Coleman, 158 F.3d at 202. Because of this ambiguity, we have been “unable to conclude that a Maryland conviction for common-law assault is per se a violent felony within the meaning of § 924(e)(2)(B)(i).” Id. However, the jury instructions in Wardrick’ th Cir.1993) (<HOLDING>). Likewise, the district court accurately Options: A. holding that necessity defense to escape did not require defendant to turn herself in and that escape is not a continuing offense B. holding felony escape in north carolina to be crime of violence under acca because escape presents risk of injury to others C. holding that an escape from custody under minnesota law is a crime of violence D. holding attempt to rescue prisoner and assisting in escape to be crimes of violence because of inherent risk of force E. holding that in light of our recognition that escape presents a continuing threat of violence until the escapee is safely returned to custody we hold that for purposes of 2k21b5 every escape is sufficiently continuing such that possession of a gun subsequent to the initial departure from custody can qualify as being in connection with the escape

assistant: The best answer is D. holding attempt to rescue prisoner and assisting in escape to be crimes of violence because of inherent risk of force
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: For this reason, the court concludes that this factor is decisive. Even if the court found that the balance of harms tipped decidedly in favor of the plaintiff, he has failed to raise sufficiently meritorious issues as to the propriety of the Army’s actions. His argument boils down to the fact that he and his parents were, at best, confused at to what was going to happen to him if he was disenrolled. Mere confusion is not enough to rescind his contract. There is little evidence that this confusion was reasonable, and less still that the Army should have known of this confusion and attempted to clarify his options. Even a unilateral mistake at the time he signed the contract most likely would not have rendered it voidable. See Rodriguez v. Vuono, 757 F.Supp. 141, 149 (D.P.R.1991) (<HOLDING>). III. CONCLUSION The court concludes that on Options: A. holding that a mistake of law is not a basis to rescind a contract B. holding judicial reformation of contract is an appropriate remedy when the contract was the product of a mutual mistake C. holding enlistment contract not voidable due to unilateral mistake D. holding that fraudulent inducement renders a contract void or voidable E. holding that a contract made in violation of section 432070 is void rather than voidable

assistant: The best answer is C. holding enlistment contract not voidable due to unilateral mistake
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement contains the entire agreement and understanding between the parties, and supersede all prior agreements and understandings relating to the subject matter hereof, including without limitation the Prior Agreement. There are no understandings, conditions, representations or warranties of any kind between the parties except as expressly set forth herein.

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 legal provision and list the applicable contract clause categories. Provision: Except as disclosed in the Company’s SEC Reports, there are no actions, investigations, suits or proceedings pending or, to the knowledge of Company, threatened, at law, in equity or in arbitration, before any court, other governmental authority, arbitrator or other Person, (i) against or affecting the Company or any of its respective properties that, if adversely determined, could reasonably be expected to have a Material Adverse Effect, or (ii) with respect to this Agreement, the other Transaction Documents or any of the transactions contemplated hereby or thereby.

assistant: Litigations
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: Pieris shall have the right to participate in and to be represented by counsel of its choice, in an enforcement action that involves Enumeral IP and relates to a Product under Section 11.3(a)(ii). Enumeral agrees to keep Pieris informed concerning any such enforcement action, to consult with Pieris concerning litigation strategy, and to give good faith consideration to Pieris’s comments and requests concerning such action. In all such enforcement actions, the Parties shall cooperate with and assist each other in all reasonable respects.

assistant: Cooperation
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 plaintiff is in the present case, and correspondingly, who stands to benefit if calculation pursuant to § 1341 is permitted. To be sure, it is not the debtor. The government states in its brief in opposition to Plaintiffs motion, that “the plain language of the bankruptcy code bars the court from considering the trustee’s status as an innocent successor to the debtor’s claims.” This Court is not convinced. Admittedly, Courts, on public policy grounds, consistently find that persons who receive income as a result of bad acts, and who later repay the money are not entitled to calculation under § 1341. See McKinney v. United States, 574 F.2d 1240 (5th Cir.1978) (same); Wood v. United States, 863 F.2d 417 (5th Cir.1989); see also Revenue Ruling, Rev. Rui. 68-153, 1968 WL 15327 (1968) (<HOLDING>). As such, the Court concedes that if the Options: A. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate B. holding that a mortgageeinsureds loss cannot be determined unless the note is not repaid and the security for the mortgage proves inadequate C. holding the real estate sale proceeds D. holding that an overstatement of basis can constitute an omission from gross income within the meaning of irc 6501e1a E. holding proceeds from embezzlement activity later repaid the embezzler not permitted a refund calculated pursuant to irc 1341

assistant: The best answer is E. holding proceeds from embezzlement activity later repaid the embezzler not permitted a refund calculated pursuant to irc 1341
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: Unless this Agreement is terminated in accordance with Section 6.18 , the representations, warranties agreements and covenants contained herein shall survive the Closing and the delivery of the Securities, subject in each case to the applicable statute of limitations.

assistant: Survival
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 intend all provisions of this Agreement to be enforced to the fullest extent permitted by law. If, however, any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision were never a part hereof and the remaining provisions shall remain in full force and effect. Moreover, any provision so affected shall be limited only to the extent necessary to bring the Agreement within the applicable requirements of 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 case excerpt and choose the best holding from the options. Case excerpt: ankle turn control technique as Jones did. Jennings, 2005 WL 2043945, at *7. It is not necessary to discuss this finding. 42 . Other circuits have taken a similar approach to particularity in the context of Fourth Amendment reasonableness inquiries, especially in excessive force cases. See Walker v. City of Orem, 451 F.3d 1139, 1151 (10th Cir.2006) (noting in a Fourth Amendment unreasonable detention case that "allegations of constitutional violations that require courts to balance competing interests may make it more difficult to find the law ‘clearly established' when assessing claims of qualified immunity” (quoting Medina v. City & County of Denver, 960 F.2d 1493, 1498 (10th Cir.1992)) (internal quotation marks omitted)); Williams v. Kaufman County, 352 F.3d 994, 1012 (5th Cir.2003) (<HOLDING>); Priester v. City of Riviera Beach, 208 F.3d Options: A. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity B. holding that prolonged detention was unlawful but affirming qualified immunity because applicable supreme court law which allowed a seizure without probable cause when the proper balance was struck between law enforcement and personal security interests failed to put officer on notice C. holding that qualified immunity applies only if an officer had arguable probable cause to arrest D. holding that although jury found officer not to have had probable cause for arrest officer was entitled to immunity because law was not clearly established as to circumstances in which officer found himself E. holding qualified immunity unavailable because there was no government interest to balance

assistant: The best answer is B. holding that prolonged detention was unlawful but affirming qualified immunity because applicable supreme court law which allowed a seizure without probable cause when the proper balance was struck between law enforcement and personal security interests failed to put officer on 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: If the lien, security interest, validity, enforceability or priority of any Security Instrument, or if title or any of the rights of Borrower or Lender in or to the Property, shall be endangered or questioned, or shall be attacked directly or indirectly, or if any action or proceeding is instituted against Borrower or Lender with respect thereto, Borrower will promptly notify Lender thereof and will use commercially reasonable efforts to cure any defect which may be developed or claimed, and will take all necessary and proper steps for the defense of such action or proceeding, including, without limitation, the employment of counsel, the making of a demand for such defense under Borrower's title insurance policy, the prosecution or defense of litigation and, subject to Lender's prior written approval, the compromise, release or discharge of any and all adverse claims. Lender (whether or not named as a party to such actions or proceedings) is hereby authorized and empowered (but shall not be obligated) to take such additional steps as it may deem necessary or proper for the defense of any such action or proceeding for the protection of the lien, security interest, validity, enforceability or priority of the Security Instrument or of such title or rights, including the employment of counsel, the prosecution or defense of litigation, the compromise, release or discharge of such adverse claims, the purchase of any tax title and the removal of such prior liens and security interests. Borrower shall, on demand, pay or reimburse Lender for all documented expenses (including reasonable attorneys' fees and disbursements) actually incurred by it in connection with the foregoing matters. All such costs and expenses of Lender, until paid or reimbursed by Borrower, shall be part of the Obligations and shall be and shall be deemed to be secured by the Security Instruments. It is further agreed that Borrower hereby appoints Lender as its attorney-in-fact with respect to matters arising under this Section 2.1(e) , which appointment is irrevocable and shall be deemed to be coupled with an interest, with respect to the taking of such steps as may be necessary or proper in the sole discretion of Lender with respect to the matters referred to in this Section 2.1(e) .

assistant: Litigations
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 Amendment, together with the Lease, constitutes the entire agreement between Landlord and Tenant regarding the Lease and the subject matter contained herein and supersedes any and all prior and/or contemporaneous oral or written negotiations, agreements or understandings. This Amendment shall be binding upon and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. No subsequent change or addition to this Amendment shall be binding unless in writing and duly executed by both Landlord and Tenant. Except as specifically amended hereby, all of the terms and conditions of the Lease are and shall remain in full force and effect and are hereby ratified and confirmed. Capitalized terms used but not defined in this Amendment shall have the meanings ascribed to such terms in the Lease. This Amendment may be executed in one or more counterparts, each of which shall be an original, but all of which, taken together, shall constitute one and the same Amendment. This Amendment may be delivered to the other party hereto by facsimile or email transmission of a copy of this Amendment bearing the signature of the party so delivering this Amendment.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument. Counterpart signature pages to this Agreement transmitted by facsimile transmission, by electronic mail in “pdf” or “jpeg” format, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original signature.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as expressly provided otherwise in this Services Agreement, or with respect to specific services as indicated on the Schedules hereto, the term of this Services Agreement shall be for an initial period commencing at 12:01 a.m. on the date immediately following the date hereof and ending on January 31, 2019 (the “ Initial Term ”). Effective between the respective Provider and Recipient, the Initial Term may be extended for an additional period ending on the one-year anniversary of the date hereof, or such other period set forth on Schedule A or Schedule B (the “ Renewal Term ”) at the request of a Recipient by written notice from such Recipient to its Provider, with copies to Dover and Apergy; any such notice shall be made not less than two months prior to the end of the Initial Term. The obligation of any Recipient to make a payment for services previously rendered shall not be affected by the expiration of the Initial Term or Renewal Term and shall survive such expiration and continue until full payment is made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The validity, construction, interpretation and effect of the Grant Letter and these Grant Conditions shall be governed by, and determined in accordance with, the applicable laws of the State of Delaware, excluding any conflicts or choice of law rule or principle.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand , agree , and accept that spotify has no obligation to maintain , support , upgrade , or update the service , or to provide all or any specific content through the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Executive, nor anyone subject to his direction or control, will make any negative, derogatory or disparaging statements, publications or comments, regarding his employment with the Company or the business reputation or business practices of the Company and/or the Released Parties to any person or entity. This section will in no way prevent Executive from testifying truthfully pursuant to an enforceable subpoena.

assistant: Non-Disparagement