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: International, Inc., 991 F.2d 426, 428-29 (8th Cir.1993), the Eighth Circuit held that a state cause of action is preempted by the Copyright Act when “(1) the work at issue is within the subject matter of copyright as defined in §§ 102 and 103 of the Copyright Act, and (2) the state law created right is equivalent to any of the exclusive rights within the general scope of copyright as specified in § 106.” (citing Harper & Row, Publishers, Inc. v. Nation Enters., 723 F.2d 195, 200 (2d Cir. 1983)). Thus, for copyright preemption to apply not only must the subject matter at issue be within the subject matter of copyright, but the right sought under state law must be equivalent to the exclusive rights under the scope of copyright. See e.g., National Car Rental, 991 F.2d at 428-29 (<HOLDING>). The court will, therefore, first consider Options: A. holding that a plaintiff may recover damages under both the lanham act and the copyright act provided the copyright damages serve a purpose other than compensation B. recognizing that copyright offices interpretation of copyright act should ordinarily receive deference C. holding that the copyright act distinguishes between employees and independent contractors for copyright possession D. holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement E. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply

assistant: The best answer is E. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply
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 December 2015, the parties requested a stay pending the outcome of a related lawsuit against Lyft in California. In May 2016, the parties finally moved to lift the stay and filed supplemental briefs. Both parties have submitted various declarations and exhibits outside the pleadings. During the motion hearing, the parties agreed that the Court should convert Lyft’s motion into a motion for partial summary judgment as to arbitrability, and that no further evidentiary hearing or submission was necessary. See Fed. R. Civ. P. 12(d). II. Legal Standard The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the enforcement of written arbitration agreements implicating interstate commerce. See Circuit City Stores, Inc. v. Adams, 532 U.S. 105, 119, 121 S.Ct. 1302, 149 L.Ed.2d 234 (2001) (<HOLDING>). “Congress enacted the FAA in response to Options: A. holding that mandatory arbitration agreements in the employment context fall under the faa B. holding that the faa extends to employment cases for employees other than those engaged in transportation of goods C. holding the due process clause of the fourteenth amendment extends the right to jury trial to defendants in serious criminal cases in state courts D. holding that the district court lacked the authority to compel arbitration because the faa is inapplicable to employees who are engaged in interstate commerce E. holding that in the employment context only transportation workers employment contracts are exempted from the faas coverage

assistant: The best answer is B. holding that the faa extends to employment cases for employees other than those engaged in transportation of goods
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: Participant acknowledges that a waiver by the Company of any breach of any provision of this Award Agreement shall not operate or be construed as a waiver of any other provision of this Award Agreement, or of any subsequent breach by Participant or any other person.

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: This Agreement and the other Loan Documents to which Borrower or Guarantors is a party are valid and legally binding obligations of such Person enforceable in accordance with the respective terms and provisions hereof and thereof, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and general principles of equity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly set forth in the Title Report (hereinafter defined) and Environmental Report (hereinafter defined), Mortgagor and the Mortgaged Property are in compliance with all laws, regulations, ordinances and codes that are applicable to the use and operation of the Mortgaged Property, including, without limitation, all Environmental Laws. All present and planned uses and tenants of the Mortgaged Property are in full compliance with applicable zoning, environmental and building laws, ordinances, regulations and codes. Mortgagor and all tenants of the Mortgaged Property have obtained all certificates of occupancy and building and other permits that are required for all intended uses of, and for any construction, renovations and repairs with respect to, the Mortgaged Property.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person or a holding company, investment vehicle or trust for, or owned or operated for the primary benefit of, a natural Person or the Borrower or any of the 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 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 Borrower, the Administrative Agent, the Issuing Lender and the Lenders 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 11.3(c) with respect to any payments made by such Lender to its Participant(s).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Refinancing Amendment is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Refinancing Amendment shall not be affected or impaired thereby. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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: be, and hereby is, denied without prejudice; and it is further ORDERED that plaintiff shall have thirty days from the date of this Opinion and Order in which to seek leave to amend its complaint according to USCIT Rule 15(a). In the absence of a timely motion for leave to amend the complaint, the court will issue a further order giving notice of the pending dismissal of this action according to USCIT Rule 41(b)(3). 1 . A false statement made upon entry has been held to be material under section 592 of the Tariff Act of 1930, 19 U.S.C. § 1592 (2006), even though the false statement had the potential to affect a determination to be made by an agency other than U.S. Customs and Border Protection. United States v. Daewoo Int’l (America) Corp., 12 CIT 889, 895, 696 F.Supp. 1534, 1540 (1988) (<HOLDING>). 2 . The exhibits attached to plaintiffs Options: A. holding the itc may reasonably interpret the subject to investigation provision to mean that imports covered by a suspension agreement in which an investigation is temporarily terminated are not subject to investigation while under that agreement emphasis added B. holding that overvaluation of steel imports that did not result in duty underpayment nevertheless was material in disguising actual entered value on which depended the administration of the trigger price mechanism implemented to identify potential situations in which the us department of commerce would selfinitiate an antidumping duty investigation C. holding that police officers have a duty to conduct an investigation into the basis of the witness report D. holding that the record here fails to establish the first two elements which the court identified as the duty of care and a breach of that duty and as a result a directed verdict on the issue of liability was warranted E. holding that the essential elements of any cause of action are the existence of a legal right in plaintiff with a corresponding duty in defendant coupled with a violation of that duty which results in injury or damages to the plaintiff

assistant: The best answer is B. holding that overvaluation of steel imports that did not result in duty underpayment nevertheless was material in disguising actual entered value on which depended the administration of the trigger price mechanism implemented to identify potential situations in which the us department of commerce would selfinitiate an antidumping duty investigation
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 has been duly and validly authorized, executed and delivered on behalf of CSC and constitutes the legal, valid and binding obligations of CSC enforceable against CSC in accordance with its respective terms, except as such enforceability may be limited by law, including but not limited to general principles of equity or applicable bankruptcy, insolvency, reorganization, moratorium, liquidation and other similar laws relating to, or affecting generally, the enforcement of applicable creditors’ rights and remedies.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: release. See 18 U.S.C. § 3583(h). Cerre contends that a thirty-six-month sentence is too harsh for the Class C violation for which the district court revoked his supervised release, being publicly drunk and disorderly. But in imposing sentence, the court had to consider the totality of the circumstances. See Vigil, 696 F.3d at 1002. And in light of all of the circumstances at issue here, the court did not abuse its discretion in determining that a thirty-six-month prison sentence was appropriate. See id. at 1001-02 (upholding prison sentence above the advisory guideline range, with no further term of supervised release, based on the defendant’s “blatant, repeated violations of the conditions” of supervised release); United States v. Cordova, 461 F.3d 1184, 1189 (10th Cir.2006) (<HOLDING>). III. CONCLUSION For the foregoing reasons, we Options: A. holding a sentence within the advisory guidelines range is presumptively reasonable B. holding the district courts revocation of defendants term of supervised release did not end the courts jurisdiction over defendants release C. holding that reasonableness review applies to a sentence imposed upon a revocation of supervised release D. holding sentence above advisory range for supervised release revocation was reasonable in light of the defendants history of recidivism and substance abuse E. holding that further supervised release may be ordered as a sentence for violation of supervised release

assistant: The best answer is D. holding sentence above advisory range for supervised release revocation was reasonable in light of the defendants history of recidivism and substance abuse
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY 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, UNDER OR IN CONNECTION WITH THIS GUARANTY OR THE OTHER LOAN DOCUMENTS. EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS GUARANTY AND THE OTHER LOAN DOCUMENTS, AS APPLICABLE, BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 19.

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: actual or constructive knowledge of the deceptive nature of its conduct, and (3) the extent to which the purposes of the limitations period have been satisfied. Santa Maria, 202 F.3d at 1176 (citing Naton v. Bank of Cal., 649 F.2d 691, 696 (9th Cir.1981)). Equitable estoppel, then, may come into play “if the defendant takes active steps to prevent the plaintiff from suing in time” — a situation that the Seventh Circuit terms “fraudulent concealment.” Id. at 1176-77 (citing Cada v. Baxter Healthcare Corp., 920 F.2d 446, 450-51 (7th Cir.1990)). “Fraudulent concealment necessarily requires active conduct by a defendant, above and beyond the wrongdoing upon which the plaintiffs claim is filed, to prevent the plaintiff from suing in time.” Id at 1177; accord Boyd, 752 F.2d at 414 (<HOLDING>). B. Johnson’s Failure to Seek Counseling Options: A. holding an evidentiary hearing on the applicability of equitable estoppel B. recognizing difference between tolling and equitable estoppel C. holding that estoppel was a question of fact D. recognizing cause of action for equitable estoppel under erisa E. holding that equitable estoppel did not apply because boyd was not affirmatively misled by a postal service official

assistant: The best answer is E. holding that equitable estoppel did not apply because boyd was not affirmatively misled by a postal service official
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 consolidated balance sheet of the Borrower and its Consolidated Subsidiaries as of December 31, 2017 and the related consolidated statement of earnings and cash flows for the fiscal year then ended, heretofore delivered to the Lenders, were prepared in accordance with United States generally accepted accounting principles in effect on the date such statements were prepared and present fairly, in all material respects, the consolidated financial position of the Borrower and its Consolidated Subsidiaries at such date and the consolidated results of their operations and cash flows for the period then ended.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fees under 42 U.S.C. § 1988 is to the party, not to his lawyer, but it is common to make the award directly to the lawyer where, as in this case, the lawyer’s contractual entitlement is uncontested ” (emphasis in original)). Moreover, several courts have expressed the view that denying civil rights attorneys a direct payment of fee awards is consistent with Section 1988’s purpose of attracting competent attorneys to represent civil rights plaintiffs, since competent counsel can protect their interest in a fee award by simply providing a clear allocation in a retainer agreement. See, e.g., Gilbrook, 177 F.3d at 874; Flannery v. Prentice, 85 Cal.Rptr.2d 95, 100 (Cal.Ct.App.1999)(citing federal decisions). Cf. generally Hamilton v. Ford Motor Co., 636 F.2d 745, 748 (D.C.Cir.1980)(<HOLDING>); United States ex rel. John Doe I v. Options: A. holding provision in attorneys fee contract requiring client that terminated contract to immediately pay attorney fee equal to present value of attorneys interest in case was inconsistent with public policy and unconscionable B. holding that aln attorney who is employed under a contingent fee contract and discharged pri or to the occurrence of the contingency is limited to quantum meruit recovery for the reasonable value of the services rendered to the client and may not recover the full amount of the agreed contingent fee C. holding that attorneys representing plaintiffs in federal antidiscrimination cases should be permitted to obtain the amount established by their contingent fee agreement or the courtawarded fees whichever is greater citing sargeant v sharp 579 f2d 645 649 1st cir1978 D. holding that the court shall consider only the qualification of those parties that will be themselves liable for fees if courtawarded fees are denied E. holding that public policy considerations require that the burden be placed on the attorney to provide for allocation of courtawarded attorneys fees in the contingent fee agreement

assistant: The best answer is E. holding that public policy considerations require that the burden be placed on the attorney to provide for allocation of courtawarded attorneys fees in the contingent fee agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the purpose of unnecessary delay, the defendant may be required to proceed to trial without counsel. 772 P.2d at 92. The colloquy between the trial court and the defendant should demonstrate on the ree-ord that defendant has knowingly and intelligently waived the right to an attorney, either expressly or through conduct that amounts to an implied waiver of the right to counsel. Id. at 93. 117 In all of these cases, we have consistently held that a trial court must balance the defendant's Sixth Amendment right to counsel of choice against the demands of fairness, efficiency, and the integrity of the judicial system. A trial court has wide latitude in determining how to strike this balance. United States v. Gongalez-Lopez, 548 U.S. 140, 152, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006) (<HOLDING>). 118 Although the trial court cannot force a Options: A. holding that the trial court must balance the right to counsel of choice against the needs of fairness and the demands of its calendar B. recognizing that a criminal defendants right to counsel is the right to the effective assistance of counsel C. holding that in order for a waiver of counsel to be valid the trial court must ensure that the defendants waiver of his right to counsel is done knowingly and intelligently so that the record establishes that the defendants choice is made with eyes open D. holding that one of the primary purposes of the fmla is to balance the demands of the workplace with the needs of families E. holding the trial court violated bradleys right to counsel of choice because none of the conditions identified in wheat as overriding the right to counsel of choice were present

assistant: The best answer is A. holding that the trial court must balance the right to counsel of choice against the needs of fairness and the demands of its calendar
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: BORROWER AND THE BANK HEREBY CONSENT TO THE JURISDICTION OF ANY OF THE LOCAL, STATE, AND FEDERAL COURTS LOCATED WITHIN TULSA COUNTY, OKLAHOMA AND WAIVES ANY OBJECTION WHICH THE BORROWER MAY HAVE BASED ON IMPROPER VENUE OR FORUM NON CONVENIENS TO THE CONDUCT OF ANY PROCEEDING IN ANY SUCH COURT.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Failure to comply with the provisions of Rule 72.3(a)(3), or with the similar provisions of Rule 72.3(a)(2) (concerning objections to a Magistrate Judge’s Report and Recommendation), may result in the District Judge’s refusal to consider the objection. SO ORDERED. November 16, 2007. 1 . The remaining cases relied upon by Peek ‘N Peak are equally distinguishable, insofar as they pertain to inherent risks such as terrain variations (see Painter v. Peek'n Peak Recreation, Inc., 2 A.D.3d 1289, 1290, 769 N.Y.S.2d 678 (4th Dept.2003); Hyland v. State, 300 A.D.2d 794, 794, 752 N.Y.S.2d 113 (3d Dept. 2002); Bono v. Hunter Mountain Ski Bowl, Inc., 269 A.D.2d 482, 482, 703 N.Y.S.2d 246 (2d Dept.2000); Sontag v. Holiday Valley, Inc., 38 A.D.3d 1350, 1351, 832 N.Y.S.2d 705 (4th Dept.2007) (<HOLDING>)); or to collisions with other skiers while Options: A. holding that regardless of the risk of discriminatory enforcement a court may not hold that this risk invalidates the statute in a preenforcement facial attack B. holding that in determining whether an accident arose out of employment the issue is whether the employees employment brought him in contact with the risk that in fact caused his injuries C. holding that an injury is not within the scope of employment after the employee has left work unless the injury was caused by the employers negligence D. holding that a federal cause of action accrues when the plaintiff is aware or should be aware of the existence of and source of the injury not when the potential claimant knows or should know that the injury constitutes a legal wrong E. holding that the plaintiff an experienced skier was sufficiently aware of the inherent risks of downhill skiing including the risk of injury caused by moguls or bumps in the terrain regardless of whether they could be seen

assistant: The best answer is E. holding that the plaintiff an experienced skier was sufficiently aware of the inherent risks of downhill skiing including the risk of injury caused by moguls or bumps in the terrain regardless of whether they could be seen
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 is a corporation duly organized, validly existing, and in good standing under the laws of the State of New York and has full corporate power and authority to enter into and perform its obligations under this Agreement, and to own its properties and to carry on its business in all jurisdictions as presently conducted and as proposed to be conducted. The Company and its subsidiaries have all government and other licenses and permits and authorizations to do business in all jurisdictions where their activities require such license, permits and authorizations, except where failure to obtain any such license, permit or authorization will not have a Material Adverse Effect, as defined herein. The Company’s subsidiaries and their jurisdiction of organization are as set forth on Schedule 3.1 .

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: (1) The Borrowers shall make each payment hereunder not later than 11:00 A.M. (New York City time) on the day when due to the Agent at the Agent’s Account in same day funds and all payments to be made by the Borrowers or any of them hereunder shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. The Agent will promptly thereafter cause to be distributed like funds relating to the payment of principal or interest or facility fees ratably (other than amounts payable pursuant to Section 2.04, 2.11, 2.14 or 8.04(e)) to the Lenders for the account of their respective Applicable Lending Offices, and like funds relating to the payment of any other amount payable to any Lender to such Lender for the account of its Applicable Lending Office, in each case to be applied in accordance with the terms of this Agreement. Upon any Assuming Lender becoming a Lender hereunder as a result of a Revolving Credit Commitment Increase pursuant to Section 2.18, and upon the Agent’s receipt of such Lender’s Incremental Assumption Agreement and recording of the information contained therein in the Register, from and after the applicable Increase Date, the Agent shall make all payments hereunder and under any Notes issued in connection therewith in respect of the interest assumed thereby to the Assuming Lender. Upon its acceptance of an Assignment and Assumption and recording of the information contained therein in the Register pursuant to Section 8.07(c), from and after the effective date specified in such Assignment and Assumption, the Agent shall make all payments hereunder and under any Notes in respect of the interest assigned thereby to the Lender assignee thereunder, and the parties to such Assignment and Assumption shall make all appropriate adjustments in such payments for periods prior to such effective date directly between themselves.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: ( g ) to the extent permitted by law , any claim or dispute relating to your use of pay by mobile must be filed within one year in small claims court ( paragraph 20.3 ( c ) ) or in arbitration ( paragraph 20.3 ( d ) ) .

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: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE NOTE, IN ALL RESPECTS, INCLUDING ALL MATTERS OF CONSTRUCTION, VALIDITY AND PERFORMANCE, THIS SECURITY AGREEMENT AND THE OBLIGATIONS ARISING HEREUNDER SHALL BE GOVERNED BY, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS APPLICABLE TO CONTRACTS MADE AND PERFORMED IN THAT STATE, AND ANY APPLICABLE LAWS OF THE UNITED STATES OF AMERICA. GRANTOR HEREBY CONSENTS AND AGREES THAT THE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, CITY OF CHICAGO, ILLINOIS, SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY CLAIMS OR DISPUTES BETWEEN GRANTOR, AGENT AND LENDERS PERTAINING TO THIS SECURITY AGREEMENT OR THE NOTE OR TO ANY MATTER ARISING OUT OF OR RELATING TO THIS SECURITY AGREEMENT OR THE NOTE, PROVIDED, THAT AGENT, LENDERS AND GRANTOR ACKNOWLEDGE THAT ANY APPEALS FROM THOSE COURTS MAY HAVE TO BE HEARD BY A COURT LOCATED OUTSIDE COOK COUNTY, AND, PROVIDED , FURTHER , NOTHING IN THIS SECURITY AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE AGENT FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION TO REALIZE ON THE COLLATERAL OR ANY OTHER SECURITY FOR THE OBLIGATIONS, OR TO ENFORCE A JUDGMENT OR OTHER COURT ORDER IN FAVOR OF AGENT. GRANTOR EXPRESSLY SUBMITS AND CONSENTS IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR SUIT COMMENCED IN ANY SUCH COURT, AND GRANTOR HEREBY WAIVES ANY OBJECTION WHICH IT MAY HAVE BASED UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS . GRANTOR HEREBY WAIVES PERSONAL SERVICE OF THE SUMMONS, COMPLAINT AND OTHER PROCESS ISSUED IN ANY SUCH ACTION OR SUIT AND AGREES THAT SERVICE OF SUCH SUMMONS, COMPLAINTS AND OTHER PROCESS MAY BE MADE BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO GRANTOR AT THE ADDRESS SET FORTH ON THE SIGNATURE PAGE HERETO AND THAT SERVICE SO MADE SHALL BE DEEMED COMPLETED UPON THE EARLIER OF ACTUAL RECEIPT THEREOF OR FIVE (5) DAYS AFTER DEPOSIT IN THE U.S. MAILS, PROPER POSTAGE PREPAID.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the case of a Third Party Claim or demand, other than Patent Claims which are subject to the procedures set forth in Section 13.3, (“ Third Party Claim ”) made by any Person who is not a Party of this Agreement (or an Affiliate thereof) as to which a Party (the “ Indemnitor ”) may be obligated to provide indemnification pursuant to this Agreement, such Party seeking indemnification hereunder (“ Indemnitee ”) will notify the Indemnitor in writing of the Third Party Claim (and specifying in reasonable detail the factual basis for the Third Party Claim and including, to the extent known, the amount of the Third Party Claim) reasonably promptly after becoming aware of such Third Party Claim; provided, however, that failure to give such notification will not affect the indemnification provided hereunder except to the extent the Indemnitor shall have been actually materially prejudiced as a result of such failure.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Investor agrees to indemnify and hold harmless the Company, its officers, members, employees, nominees, and agents against any damages, claim or liability and the costs of any action or proceeding brought as the result of any untrue representation, warranty or agreement made herein.

assistant: Indemnifications
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: funds for payment of the common expenses ... shall be collected by assessments against the units.” Boyer adds that: Unless provided otherwise in the condominium documents, a vote of unit owners generally is not required to levy a special assessment for condominium repair work, where the work is not a material alteration of the condominium property. ... Boyer, supra, § 190.44[2]; see also Cottrell v. Thornton, 449 So.2d 1291 (Fla. 2d DCA 1984). A board may assess the members even for an alteration if the alteration is also a necessary repair to the common elements. “Simply because necessary work for maintenance may also constitute alterations or improvements does not nullify a condominium board’s authority and duty to maintain the condominium common elements.” Ralph, 455 So.2d at 455 (<HOLDING>). “A condominium association may be liable for Options: A. holding that a town board could prevent an elected member from speaking at a town meeting where the board member could not identify any topic of discussion he was prevented from exploring during the meeting of the board to discuss the same issues where he was given ample time to speak B. recognizing absolute immunity for board members and the director of the mississippi state board of nursing C. recognizing absolute immunity for attorneys and board members of the texas medical board D. holding that an association board could assess the members without a member vote to pay for a vertical seawall to protect the common elements from storm damage because if work was necessary board authority was sufficient E. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings

assistant: The best answer is D. holding that an association board could assess the members without a member vote to pay for a vertical seawall to protect the common elements from storm damage because if work was necessary board authority was sufficient
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 showing that the employer’s proffered explanation is unworthy of credence.” Id. at 256, 101 S.Ct. 1089(citing McDonnell Douglas, 411 U.S. at 804-05, 93 S.Ct. 1817). The Court finds that none of the actions plaintiff complains about constitute adverse actions sufficient to establish a case of retaliation or, alternatively, that plaintiff has failed to rebut the defendant’s legitimate explanation for its actions. First, the plaintiff claims the defendant retaliated against him by reassigning him from the stock room to the building services department. However, plaintiff did not testify that this assignment was a less desirable assignment; rather, when asked whether the assignment was less desirable, he stated, “Wel s & Joiners of America, AFL-CIO, 999 F.Supp. 97, 106 (D.D.C.1998) (<HOLDING>). Next, plaintiff claims he was denied the Options: A. holding that a prima facie case of retaliation requires a causal link between the employees protected activity and the employers adverse employment action B. holding that the plaintiff failed to raise an issue of fact regarding her retaliation claim because she failed to offer any evidence of a causal relationship between her involvement in protected activity and the adverse employment action C. holding that plaintiff established a prima facie claim of retaliation because the defendants failure to transfer her out of her abusive working environment could be viewed as an adverse personnel action and there was a causal link between the filing of plaintiffs complaint and the defendants failure to transfer her D. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two E. holding that the plaintiffs second complaint did not relate back to her first complaint because her second complaint was not an amendment to her first complaint but rather a separate filing

assistant: The best answer is C. holding that plaintiff established a prima facie claim of retaliation because the defendants failure to transfer her out of her abusive working environment could be viewed as an adverse personnel action and there was a causal link between the filing of plaintiffs complaint and the defendants failure to transfer her
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g. , www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: generally accepted principle that a criminal defendant should have access to the material on which the court will base its sentencing decision and an opportunity to respond to information that is prejudicial to the defendant’s cause. This principle is embodied in Federal Rule of Criminal Procedure 32 with respect to original sentencing proceedings, see United States v. Lovelace, 565 F.3d 1080, 1091-93 (8th Cir.2009); United States v. Hayes, 171 F.3d 389, 392 (6th Cir.1999), and although Rule 32 does not by its terms apply to a § 3582(c) proceeding, the basic right to be apprised of information on which the court will rest its decision should be incorporated into the procedures employed by a district court under § 3582(c). See United States v. Mueller, 168 F.3d 186, 189 (5th Cir.1999) (<HOLDING>); United States v. Curran, 926 F.2d 59, 62-63 Options: A. holding the order is only reviewable if actually considered by the district court B. holding state prisoners proceeding under 2241 must be granted a coa before their claims can be considered on the merits C. holding that only relevant factors must be considered D. holding that the determination by the probate court in the summary proceeding provided for by section 211516 revised code that assets should be included in an estate makes the question of title res judicata as between all parties to the proceeding but the judgment of the probate court may be attacked in a subsequent action by other interested persons who were not parties to the proceeding in probate court E. holding that a defendant must be apprised of the contents of a psr addendum considered by the district court in a 3582c proceeding

assistant: The best answer is E. holding that a defendant must be apprised of the contents of a psr addendum considered by the district court in a 3582c proceeding
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, at the time of enforcement of this Section 9 , a court holds that the restrictions stated herein are unreasonable under circumstances then existing, the maximum duration, scope or geographical area reasonable under such circumstances shall be substituted for the stated period, scope or area, and the court shall be allowed to revise the restrictions contained herein to cover the maximum duration, scope and area permitted by law. Because each Participant’s services are unique, the parties hereto agree that monetary damages would be an inadequate remedy for any breach of this Section 9 . Therefore, in the event of a breach or threatened breach of this Section 9 , the Company may, in addition to other rights and remedies existing in its favor, apply to any court of competent jurisdiction for specific performance and/or injunctive or other relief in order to enforce, or prevent any violations of, the provisions hereof (without posting a bond or other security).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 544(b), however, puts the trustee in the creditor’s shoes, and allows him to assert claims that only they could assert outside bankruptcy. The claims inherited from the creditors are not arbitrable for the reasons explained in Allegaert Id. at 206-07 (citations omitted). Allegaert, Hays and Hagerstown all involved fraudulent transfer claims. Specifically addressing the arbitrability of preferential transfer claims brought under section 547 of the Bankruptcy Code, the court in OHC Liquidation, 2005 WL 670310, at *4, ruled that it was “entirely appropriate” to equate preferential transfers with fraudulent transfers as core proceedings belonging to the trustee and not derivative of the debtor. See also Pardo v. Pacificare of Tex., Inc. (In re APF Co.), 264 B.R. 344, 363 (Bankr.D.Del.2001) (<HOLDING>). The Hays court’s reasoning that “there is no Options: A. holding that a settlement agreement is an arbitrable subject when the underlying dispute is arbitrable B. holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable C. holding that preferential transfer claims brought under section 547 are not arbitrable D. holding that unfair competition claims are arbitrable E. holding that claims under the securities act of 1933 are arbitrable

assistant: The best answer is C. holding that preferential transfer claims brought under section 547 are not arbitrable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity, duration, or subject, it shall be construed by limiting and reducing it to the extent necessary to be valid and enforceable under the applicable law as it shall then appear while giving effect, to the greatest degree possible, to the original intent of such provision.

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: netflix provides a subscription service that allows our members to access movies and tv shows ( `` netflix content '' ) streamed over the internet to certain internet-connected tvs , computers and other devices ( `` netflix ready devices '' ) .

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: This Letter Agreement contains the entire understanding and agreement of the parties, and supersedes any and all other prior and/or contemporaneous understandings and agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, all of which are merged herein. You acknowledge and agree that this Letter Agreement supersedes your entitlement to any payments or benefits under the Acushnet Executive Severance Plan.

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: Promptly upon request by the Agent, or any Lender through the Agent, (a) correct any material defect or error that may be discovered in any Loan Document or in the execution, acknowledgment, filing or recordation thereof, and (b) do, execute, acknowledge, deliver, record, re-record, file, re-file, register and re-register any and all such further acts, certificates, assurances and other instruments as the Agent, or any Lender through the Agent, may reasonably require from time to time in order to (i) carry out more effectively the purposes of the Loan Documents, (ii) to the fullest extent permitted by applicable law, subject the Company’s or any Subsidiaries’ properties, assets, rights or interests to the Liens now or hereafter intended to be covered by this Agreement or the other Security Documents, (iii) perfect and maintain the validity, effectiveness and priority of this Agreement and any of the other Security Documents and any of the Liens intended to be created thereunder and (iv) assure, convey, grant, assign, transfer, preserve, protect and confirm more effectively unto the Secured Parties the rights granted or now or hereafter intended to be granted to the Secured Parties under any Loan Document or under any other instrument executed in connection with any Loan Document to which the Company or Subsidiary is or is to be a party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and each of the Subsidiaries are insured by insurers of recognized financial responsibility against such losses and risks and in such amounts as management of the Company believes to be prudent and customary in the businesses in which the Company and the Subsidiaries are engaged. The Company has no reason to believe that it will not be able to renew its existing insurance coverage as and when such coverage expires or to obtain similar coverage from similar insurers as may be necessary to continue its business at a cost that would not have a Material Adverse Effect.

assistant: Insurances