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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you discover any unauthorized use of your basic subscriber information or suspect that anyone may be able to access your private content without authorization , you should immediately change your password and notify our customer support team .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: attaches an importance to prompt delivery, or simply because he desires to reduce shipping costs selectively. If selective cost savings were sufficient grounds to use a private courier to carry letters, the Private Express Statutes would be effectively nullified. 44 Fed.Reg. 40,076 (July 9, 1979) (emphasis added). Despite the soundness of this reasoning, the USPS proceeded in this case to ignore it, indeed to contravene it directly, by justifying an unqualified suspension solely on the selective cost and service benefits to businesses engaged in international commerce. This approach is unreasonable, arbitrary and capricious. Cf. Clark-Cowlitz Joint Operating Agency v. FERC, 826 F.2d 1074, 1091-92 (D.C.Cir.1987), cert. denied, 485 U.S. 913, 108 S.Ct. 1088, 99 L.Ed.2d 247 (1988) (<HOLDING>). The Postal Service replies that it did Options: A. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public B. recognizing the public interest exception C. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice D. recognizing the importance of public welfare and conservation of water in administering its public waters E. holding that agency administering a public interest standard did not engage in reasoned decisionmaking when it focused only on the economic impacts accruing to one segment of the power consuming public

assistant: The best answer is E. holding that agency administering a public interest standard did not engage in reasoned decisionmaking when it focused only on the economic impacts accruing to one segment of the power consuming public
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: law of the case doctrine was not referenced or argued by Hendrix. See Richison v. Ernest Grp., Inc., 634 F.3d 1123, 1128 (10th Cir. 2011) (“[I]f the theory simply wasn’t raised before the district court, we usually hold it forfeited.”). The sentencing transcript is consistent with the brief Hendrix submitted in response to the district court’s order to show cause; there is no mention of the law of the case doctrine or any exception thereto. Thus, we have no doubt Hendrix’s law of the case argument is forfeited. The government argues this court should decline to consider Hendrix’s argument and deny his appeal because he failed to argue for the application of plain error review of the forfeited claim in his opening brief and, thus, has waived the issue presented on appeal. Id. at 1128-29 (<HOLDING>); id. at 1131 (holding, in a civil matter, that Options: A. holding forfeited theories will be reversed on appeal only if the appellant can satisfy the plain error standard B. holding plain error analysis is the proper standard for review of forfeited error in the rule 11 context C. holding that plain error analysis is the proper standard for review of forfeited error in the rule 11 context D. holding prevonn that plain error analysis is the proper standard for review of forfeited error in the rule 11 context E. holding that we will not consider an argument of plain error where the defendant has neither mentioned the plainerror standard nor made any attempt to show how he can satisfy that standard

assistant: The best answer is A. holding forfeited theories will be reversed on appeal only if the appellant can satisfy the plain error standard
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 shall have the power to withhold, or require a Participant to remit to the Company, an amount sufficient to satisfy federal, state, and local withholding tax requirements on any award under the Plan, and the Company may defer issuance of Stock until such requirements are satisfied. In the alternative, the Committee may withhold shares of Stock that would otherwise be delivered to the Participant, having an aggregate fair market value, determined as of the date the obligation to withhold or pay taxes arises in connection with a distribution, in the amount necessary to satisfy the minimum applicable withholding obligation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Is Left? {¶ 46} Under Ohio law, a legal-malpractice case subsumes within it any of the issues that can arise from the attorney-client relationship. These may include alleged billing errors by the lawyer. Byrd v. Peden (1999), 10th Dist. No. 99AP-111, 2000 WL 192571. All claims in tort, fraud, or contract against a lawyer are, essentially, considered to be malpractice. Gullatte v. Rion (2d Dist.2000), 145 Ohio App.3d 620, 626, 763 N.E.2d 1215. “Malpractice by any other name still constitutes malpractice.” Muir v. Hadler Real Estate Mgmt. Co. (10th Dist.1982), 4 Ohio App.3d 89, 90, 4 OBR 170, 446 N.E.2d 820; Dingus v. Kirwan, 6th Dist. No. E-05-082, 2006-Ohio-4295, 2006 WL 2384070, at ¶ 10; see, also, Kester v. Brakel, 10th Dist. No. 06AP-253, 2007-Ohio-495, 2007 WL 353098, at ¶ 20-24 (<HOLDING>); Andrianos v. Community Traction Co. (1951), Options: A. holding that separate theories of recovery all constituted a medicalmalpractice claim B. recognizing authority stating that a plaintiff in a cercla action is allowed to plead alternative theories even if it cannot ultimately seek duplicate recovery C. holding that the avoidance powers provide for recovery only if the recovery is for the benefit of the estate D. recognizing that that dcfmlas theories of recovery parallel the fmlas E. holding that the failure to plead a particular legal theory when the plaintiff pled two related legal theories was not a bar to recovery

assistant: The best answer is A. holding that separate theories of recovery all constituted a medicalmalpractice claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to a person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby. Each term, covenant or condition of this Agreement shall be enforced to the fullest extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Circuit Court of Appeals which concern precisely this issue. See Lebrón-Torres v. Whitehall Laboratories, 251 F.3d 236 (1st Cir.2001) and Gelabert-Ladenheim v. American Airlines, Inc., 252 F.3d 54 (1st Cir.2001). After considering Defendant’s request, at the conclusion of the August 22, 2001 Settlement Conference, the Court ordered Defendant to file its motion and legal memorandum by September 6, 2001. Plaintiffs’ response was due on September 21, 2001. Having received the parties’ submissions, the Court will now decide, in light of Lebrón and Gelabert, whether Plaintiff is substantially limited in the major life activity of “working” for the purposes of the ADA. Defendant has proceeded pursuant to Sutton v. United Air Lines, 527 U.S. 471, 483, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999) (<HOLDING>) to discuss the undisputed facts of the case at Options: A. holding that epilepsy qualifies as a disability under the ada B. holding evidence of a 13 permanent partial disability insufficient to establish disability for purposes of ada C. holding that under pre1989 law there must be an individualized determination of whether an individual has an actual disability and reversing a summary judgment that held that a person did not have protected status to claim discrimination based on a back injury D. holding that whether a person has a disability under the ada is an individualized inquiry E. holding that an employers inquiry into the reason for an employees work absences was a permissible jobrelated inquiry under the ada

assistant: The best answer is D. holding that whether a person has a disability under the ada is an individualized inquiry
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: Cir.2004)). While it is clearly established that “a party seeking to raise a claim on appeal must plainly and prominently so indicate,” Access Now, 385 F.3d at 1330, and, similarly, that failing to raise an argument in response to a motion for summary judgment results in its abandonment, Fischer v. Fed. Bureau of Prisons, 349 Fed.Appx. 372, 375 n. 2 (11th Cir.2009) (citing Transamerica Leasing, Inc. v. Inst. of London Underwriters, 267 F.3d 1303, 1308 n. 1 (11th Cir.2001)), the defendants have presented the court with no authority that dictates a similar result with regard to briefs filed in a g that the First Amendment did not guarantee a student's right to deliver a sexually explicit speech at an assembly); New Jersey v. T.L.O., 469 U.S. 325, 342, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985) (<HOLDING>). The court notes that these cases involve Options: A. holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence B. holding that a search of a students purse that was not based on probable cause did not violate the fourth amendment C. holding that under fourth amendment standards for determining probable cause for arrest and probable cause for search and seizure are same D. holding that a search incident to a lawful arrest does not violate the fourth amendment E. holding that warrantless arrest based on probable cause did not violate the fourth amendment

assistant: The best answer is B. holding that a search of a students purse that was not based on probable cause did not violate the fourth amendment
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 shall not permit any of its subsidiaries, directly or indirectly, to encumber or allow any Liens on, any of its copyright rights, copyright applications, copyright registrations and like protections in each work of authorship and derivative work, whether published or unpublished, any patents, patent applications and like protections, including improvements, divisions, continuations, renewals, reissues, extensions, and continuations-in-part of the same, trademarks, service marks and, to the extent permitted under applicable law, any applications therefor, whether registered or not, and the goodwill of the business of the Company and its subsidiaries connected with and symbolized thereby, know-how, operating manuals, trade secret rights, rights to unpatented inventions, and any claims for damage by way of any past, present, or future infringement of any of the foregoing, other than Permitted Liens.

assistant: Intellectual Property
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: 359-C:8,1(c), :10,1(b), :12, :14. It is apparent from reading the statute in its totality that the reference in section 13 to “action[s] to enforce liability for a violation of... this chapter” is meant to refer to those remedies explicitly authorized by the statute and is not intended to create any additional rights of action. Although we generally presume that the legislature does not use superfluous or redundant words, see Appeal of Derry Educ. Assoc., 138 N.H. 69, 71 (1993), interpreting RSA chapter 359-C to create additional remedies would circumvent the statute’s plain meaning, in light of the express language in section 14-a. Cross further argues that she is entitled to costs and attorney’s fees associated with her suppression motion. See State v. Flynn, 123 N.H. 457, 465 (1983) (<HOLDING>). At oral argument, Cross’ counsel conceded Options: A. holding suppression of evidence obtained in objectively reasonable reliance on a subsequently invalidated search warrant is not required B. holding that the fourth amendment remedy sought is suppression C. holding that because suppression of illegally obtained evidence is a form of injunctive relief suppression of defendants bank records obtained in violation of rsa chapter 359c is an appropriate remedy D. holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation E. holding that suppression of the evidence or dismissal of an indictment are not required to remedy a violation of 6103

assistant: The best answer is C. holding that because suppression of illegally obtained evidence is a form of injunctive relief suppression of defendants bank records obtained in violation of rsa chapter 359c is an appropriate remedy
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: issue, “[w]hat is the physical location and size of the 'Quarry Property’ in the May 2000 Agreement?” Sourant similarly named "[w]hat is the meaning of 'Quarry Property' in the May 2000 Agreement" as a material and contested issue. 5 . Sourant argues Murphy Farrell is not entitled to declaratory relief because, among other reasons, the right-of-first-refusal provision violates the rule against perpetuities and, alternatively, Sourant did not breach the provision. But because the trial court ruled Sourant breached the provision, it necessarily found the provision valid and enforceable. The propriety of that ruling is not raised on appeal and is therefore final and serves as law of the case. See Bogard v. Cannon & Wendt Elec. Co., 221 Ariz. 325, 332, ¶ 24, 212 P.3d 17, 24 (App.2009) (<HOLDING>); Bilke v. State, 221 Ariz. 60, 63, ¶ 11, 209 Options: A. holding that rulings not challenged on appeal are implicitly affirmed B. holding that judgment may be affirmed on any ground supported by the record C. holding that a sentencing decision will be affirmed if challenged factor is permissible and other factors are not challenged D. holding that summary judgment must be affirmed where multiple grounds are asserted and the appellant does not attack all grounds on appeal E. holding that judgment may be affirmed on any ground supported by record

assistant: The best answer is A. holding that rulings not challenged on appeal are implicitly affirmed
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: Since December 31, 2016, there has been no material adverse change in the business, assets, liabilities, financial condition, results of operations or business prospects of the Borrower and its Subsidiaries taken as a whole. Each of the Loan Parties is Solvent.

assistant: Solvency
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 TO THIS AGREEMENT, FOR ITSELF AND ITS AFFILIATES, HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THE ACTIONS OF THE PARTIES HERETO OR THEIR RESPECTIVE AFFILIATES PURSUANT TO THIS AGREEMENT OR IN THE NEGOTIATION, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT OF THIS AGREEMENT.

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: the Government. We are not convinced the Payment in Lieu of Taxes Act is a money-mandating statute. It authorizes payments to local governments according to a formula, but neither the statute nor applicable regulations suggest or imply remedies for local governments that receive less than their full allotments under the formula if Congress does not appropriate sufficient funds. Language in the case law speaking of “fair inferences” of a right to recover and readings of statutes that are “reasonably amenable” to money damages, suggest that the standards may lean slightly in a claimant’s favor. However, we cannot read this statute to mandate compensation or to imply that money damages would be due' in these circumstances. Cf. Britell v. United States, 372 F.3d 1370, 1378 (Fed.Cir.2004) (<HOLDING>); Mitchell v. United States, 229 Ct.Cl. 1, 664 Options: A. holding that mandatory language such as will pay or shall pay creates the necessary moneymandate for tucker act purposes B. holding that the term shall is mandatory for purposes of statutory construction when the statute is unambiguous C. holding that shall language in rule 702h conveys a mandatory act D. holding that a states use of the word shall is mandatory language E. recognizing that shall will and must are all mandatory terms

assistant: The best answer is A. holding that mandatory language such as will pay or shall pay creates the necessary moneymandate for tucker act 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 legal provision and list the applicable contract clause categories. Provision: (a) Except as set forth (including estimates of the dollar amounts involved) on Schedule 5.4 hereto and (b) except for claims which are covered by Insurance Policies, coverage for which has not been denied in writing, or which relate to Primary Policies, Reinsurance Agreements or Industry Loss Warranties issued by the Borrower or its Subsidiaries or to which it is a party entered into by the Borrower or its Subsidiaries in the ordinary course of business (referred to herein as “ Ordinary Course Litigation ”), no claim, litigation (including derivative actions), arbitration, governmental investigation or proceeding or inquiry is pending or, to the knowledge of the Borrower or any of its Subsidiaries, threatened against the Borrower or any such Subsidiary (i) which would, if adversely determined, have a Material Adverse Effect or (ii) which relates to any of the transactions contemplated hereby, and there is no basis known to the Borrower for any of the foregoing. Other than any liability incident to such claims, litigation or proceedings and as set forth on Schedule 5.4 , the Borrower has no material contingent liabilities not provided for or referred to in the financial statements delivered pursuant to Section 5.3 .

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 Agreement is intended to be solely for the benefit of the Parties hereto and is not intended to confer any benefits upon, or create any rights in favor of, any other Person. All rights and obligations hereunder and under any agreements and documents executed and delivered in connection herewith shall not be assignable without the prior written consent of the other Party.

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: 4. The receiving Party hereby covenants that, during the validity period of this Agreement and for a period of five (5) years after its end or its termination, the Proprietary Information received from the disclosing Party shall: (c) not be used in whole or in part for any purpose other than the purpose of this Agreement as specified in the preamble and for the Project above without the prior written consent of the disclosing Party,

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of a written disposition subject to a subsequent challenge by motion in the trial court. We therefore approve the outcome of the Fourth District’s decision in N.C., and disapprove the certified conflict decisions: A.L., S.D.W., C.A., T.A.R. and L.M., to the extent that they are inconsistent with this opinion. It is so ordered. PARIENTE, C.J., with WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur. PARIENTE, C.J., concurs with an opinion, in which ANSTEAD and QUINCE, JJ., concur. 1 . In 2000, Florida's Legislature amended section 985.231 (l)(a)(l), Florida Statutes, and substituted the term "conditional release” for the term "aftercare.” See ch.2000-135, § 31, Laws of Fla. 2 . The Fourth District certified conflict with: A.L. v. State, 790 So.2d 1149, 1150 (Fla. 2d DCA 2001) (<HOLDING>); S.D.W. v. State, 746 So.2d 1232, 1234 (Fla. Options: A. holding that written judgment controlled over oral pronouncement B. holding that in cases of direct conflict between a courts oral pronouncement of sentence and the written judgment the oral pronouncement controls C. holding written judgment must conform to oral pronouncement D. holding that the trial courts oral pronouncement must conform to the written judgment E. holding that a written provision requiring that al write a letter of apology to the victim be stricken from the written judgment because it was not included in the oral pronouncement

assistant: The best answer is E. holding that a written provision requiring that al write a letter of apology to the victim be stricken from the written judgment because it was not included in the oral pronouncement
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: August 10, 2017, the date on which the provisions of this amended and restated Plan become effective, except as otherwise provided herein. The original Effective Date of the Plan was December 23, 1982.

assistant: Effective Dates
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 Plan, along with a Participant’s Election Form, Beneficiary Designation Form and any agreement in writing between the Bank and any Participant, constitute the entire agreement between the Bank and the Participant as to the subject matter hereof. No rights are granted to the Participant under this Plan other than those specifically 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: No Borrower shall directly or indirectly, by operation of law or otherwise, (a) form or acquire any Subsidiary, (b) merge with, amalgamate with, consolidate with, acquire all or substantially all of the assets or capital stock of, or otherwise combine with or acquire, any Person; provided, that, the acquisition of any assets by a Borrower in connection with any Liquidation Sale pursuant to the Liquidation Sales Agreements shall not be violation of this covenant, or (c) liquidate, wind up, or dissolve itself (or suffer any liquidation or dissolution).

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 case excerpt and choose the best holding from the options. Case excerpt: appellate counsel.” The post-conviction state court further concluded that Wildman’s “rights were fully protected” and he “was not denied any rights under the state or federal constitution that would entitle him to post-conviction relief.” Wildman asserts that the fact that his trial counsel retained an expert to assist in his second “felon-in-possession” trial, but did not retain any experts to testify during his first trial on the other charges, required the state court to make further inquiry. However, Wildman had the burden of establishing before the state court that trial counsel should have reasonably retained a ballistics or arson expert in the first trial, and that he was prejudiced by his trial counsel’s failure to do so. See Laboa v. Calderon, 224 F.3d 972, 981 (9th Cir.2000) (<HOLDING>). Trial counsel acted reasonably by retaining Options: A. recognizing that the burden of proof is an essential element of the claim itself and that one who asserts a claim has the burden of proof that normally comes with it B. holding that the burden of proof is on the claimant C. holding petitioner has the burden of proof under the strickland test D. holding petitioner demonstrates actual and substantial prejudice by proving a claim under strickland E. holding that when counsel denied the petitioner the right to appeal neither the strickland prejudice prong nor the harmlesserror test is appropriate

assistant: The best answer is C. holding petitioner has the burden of proof under the strickland test
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the military magistrate to search the appellee's buccal cells, contained significantly more information than what the military judge adopted in his reconsideration ruling. Compare AE CXIX at 9 with AE CXX at 6-7. Because this is an Article 62, UCMJ, appeal, we may not consider facts from SA H’s affidavit as we are bound by the military judge’s findings. Cossio, 64 M.J. at 256. Additionally, we note that the military judge did not sever the information that he believed to be problematic from SA H’s affidavit and then examine "the remainder [of the information] to determine if probable cause still exist[ed]” to execute the search of the appellee’s buccal cells. United States v. Gallo, 55 M.J. 418, 421 (C.A.A.F.2001); see United States v. Cowgill, 68 M.J. 388, 393 (C.A.A.F.2010) (<HOLDING>). 24 . Because Edwards is a prophylactic Options: A. holding trial courts finding omission of information was not intentional or with reckless disregard for truth was not clearly erroneous B. holding that affidavit is inadequate if it fails to disclose facts which would enable the magistrate to ascertain from the affidavit that the event upon which the probable cause was founded was not so remote as to render it ineffective C. holding that an affidavit did not provide probable cause sufficient to validate a warrant where the affidavit stated an incorrect date uncontradicted by any other specific fact in the affidavit D. holding that even if information in an affidavit was provided in reckless disregard of the truth appropriate course of action is to sever that information from the affidavit and determine whether sufficient information remained in order for the magistrate to find probable cause E. holding that information from confidential informant was reliable and credible where affidavit referred to previous instances in which informant provided correct information to police affiants own investigation and controlled buy of contraband confirmed information and second informant supplied same information to police

assistant: The best answer is D. holding that even if information in an affidavit was provided in reckless disregard of the truth appropriate course of action is to sever that information from the affidavit and determine whether sufficient information remained in order for the magistrate to find probable cause
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: masquerade technologies , inc. ( `` masquerade , '' `` we '' or `` us '' ) offer services such as the masquerade app ( the `` app '' ) that enable people to use filters and masks ( `` masks '' ) for a range of activities , like photo and video editing , and sharing .

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: All taxes, duties and other amounts assessed by any Authority (excluding tax based on net income and franchise taxes) on API, PEO, Manufacturing Services or Product are the responsibility of Client, and Client shall reimburse Halo for all such taxes, duties and amounts paid by Halo to any Authority (or such sums will be added to invoices directed at Client, where applicable).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer acknowledges that (A) Seller or its Affiliates own all the proprietary rights to Seller Marks and (B) Buyer gains no ownership rights to Seller Marks licensed under this Agreement and gains only the limited right to use Seller Marks subject to the terms of this Agreement. Seller and its Affiliates reserve the unrestricted right to use, and to grant others the right to use, Seller Marks. Buyer will display the trademark and service mark notices for Seller Marks that Seller requests. Buyer’s use of Seller Marks and any goodwill generated from their use inures only to the benefit of Seller or its Affiliates. Buyer will not directly or indirectly contest or challenge the validity of Seller Marks or the rights of Seller and its Affiliates in Seller Marks. Buyer will not register or attempt to register any Mark that is confusingly similar to the Seller Marks or which dilutes any of the Seller Marks, including any domain name or URL containing or otherwise identifying any Seller Mark. Any content displayed on any website containing any Seller Mark must be pre-approved by Seller.

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: Subject to Section 2.9(g) and any Intercreditor Agreement, on the date of receipt by any Loan Party (or any Affiliate on behalf of such Loan Party), or Administrative Agent as sole loss payee, or promptly thereafter of any Net Insurance/Condemnation Proceeds, the Borrower shall prepay the Loans in an aggregate amount equal to such Net Insurance/Condemnation Proceeds; provided that, the Borrower shall have the option to invest such Net Insurance/Condemnation Proceeds within one hundred eighty (180) days of receipt thereof in fixed assets of the general type used or usable in the business of the Borrower and its Subsidiaries.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account , whether or not you have authorized such activities or actions .

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: During the Employment Term, ARC shall pay Executive a base salary at the annual rate of $470,000 per year or such higher rate as may be determined from time to time by ARC in accordance with ARC’s compensation policies and practices (“ Base Salary ”). Such Base Salary shall be paid in accordance with ARC’s standard payroll practice for senior executives.

assistant: Base Salary
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: exception to the spousal testimonial privilege akin to that we recognized in United States v. Bahe, 128 F.3d 1440 (10th Cir.1997). In Bahe, we recognized an exception to the marital communications privilege for voluntary spousal testimony relating to child abuse within the household. Federal courts recognize two marital privileges: the first is the testimonial privilege which permits one spouse to decline to testify against the other during marriage; the second is the marital confidential communications privilege, which either spouse may assert to prevent the other from testifying to confidential communications made during marriage. See Trammel, 445 U.S. at 44-46, 100 S.Ct. 906; Bahe, 128 F.3d at 1442; see also Jaffee v. Redmond, 518 U.S. 1, 11, 116 S.Ct. 1923, 135 L.Ed.2d 337 (1996) (<HOLDING>). In order to accept the government’s Options: A. holding income tax liability incurred during marriage is one of accepted costs of producing marital income and should be treated as marital debt for purposes of determining equitable distribution of marital estate B. recognizing a childabuse exception to marital communications privilege C. holding that separate property may become marital property if spouse donates it to marital unit with intent at time of donation that property become marital D. recognizing a privacy interest in the intimacies of the marital relationship E. recognizing justification of marital testimonial privilege as modified by trammel because it furthers the important public interest in marital harmony

assistant: The best answer is E. recognizing justification of marital testimonial privilege as modified by trammel because it furthers the important public interest in marital harmony
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: During the portion of any Post-Significant Acquisition Period that occurs before the Termination Date, the Company may in its discretion change the Executive’s position, authority and duties, and may change the location where Executive’s services shall be performed.

assistant: Positions
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 delivery of the shares of Common Stock is delayed after the applicable vesting date pursuant to Section 2.4 above, on the vesting date, the Recipient shall recognize taxable income in respect of the Common Stock deliverable and the Company shall report such taxable income to the appropriate taxing authorities in respect thereof as it determines to be necessary and appropriate. The Recipient, if an employee, shall pay to the Company promptly upon request and in any event at the time the Recipient recognizes taxable income an amount equal to the taxes, if any, the Company determines it is required or permitted to withhold under the applicable tax laws. Such payment may be made in the form of cash. The Recipient also may satisfy, in whole or in part, the foregoing withholding liability, and the Company may withhold amounts as allowed by the Plan, by having the Company withhold from the number of shares of Common Stock otherwise issuable pursuant to the vesting of the Restricted Stock Units with a fair market value equal to such withholding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: TO THE EXTENT NOT PREEMPTED BY THE LAWS OF THE UNITED STATES OR ANY OTHER LAW MANDATORILY APPLYING TO A PARTICIPANT’S EMPLOYMENT, THE LAWS OF THE STATE OF ILLINOIS SHALL BE THE CONTROLLING LAW IN ALL MATTERS RELATING TO THE PROGRAM.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: The extreme overinclu-siveness and underinclusiveness of the statute makes the relationship between the classification and the legislative purpose of keeping sex offenders from having access to children arbitrary; therefore, the statute does not withstand review under the rational basis test we have developed under the Iowa Constitution. See Racing Ass’n of Cent. Iowa, 675 N.W.2d at 10 (finding the legislative purpose behind a taxation provision cannot withstand rational basis review because of the extreme degrees of overinclusion and underinclusion); Bierkamp, 293 N.W.2d at 584 (finding the Iowa guest statute does not rationally further the legitimate state purpose of preventing collusive recoveries from insurance companies); Fed. Land Bank v. Arnold, 426 N.W.2d 153, 157 (Iowa 1988) (<HOLDING>); Chicago & N.W. Ry. v. Fachman, 255 Iowa 989, Options: A. holding discrimination in redemption periods violated the equal protection clause where class membership did not correlate with purported class distinctions drawn by legislature B. holding that the pslra does not mandate nor does it suggest that a court approved lead plaintiff must republish a notice of the purported class after an amended complaint is filed in cases where amended complaints encompassed the same claims and securities but different class periods courts have generally found that the efficiency of republication outweighs the marginal fairness gains of notifying class members of an extended class period C. holding that a district of columbia consumer protection statute that authorized representative actions and did not reference class action requirements or mandate class certification was a separate and distinct procedural vehicle from a class action and thus did not constitute a class action under cafa D. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members E. holding that the fourteenth amendment and therefore also the fifth amendment gives rise to a cause of action on behalf of a class of one where the plaintiff did not allege membership in a class or group

assistant: The best answer is A. holding discrimination in redemption periods violated the equal protection clause where class membership did not correlate with purported class distinctions drawn by legislature
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: Seller has furnished to Acquiror a list of all material insurance policies relating to the AVS Assets, the business and operations of the AVS Business and its officers and employees, in each case that are maintained on an occurrence basis. As of the date of this Agreement, there is no claim by Seller pending under any of such policies as to which coverage has been denied by the underwriters of such policies. Seller has complied in all material respects with the terms and conditions of such policies. Such policies of insurance (or other policies providing similar insurance coverage) have been in effect since January 1, 2013 and remain in full force and effect. To the Knowledge of Seller, there is no threatened termination of, or material alteration of coverage under, any of such policies. Except as set forth on Section 2.18 of the Seller Disclosure Letter, at the Closing, Seller will continue to have coverage under such policies with respect to events occurring prior to the Closing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by the Laws of the State of New York (excluding any rules of conflicts of laws that would apply the substantive laws of any other jurisdiction). Any disputes arising from this Agreement, which cannot be resolved through good faith discussions, shall be referred to and finally settled by public court in the State of New York.

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: The Closing shall take place at the offices of Escrow Company on the Closing Date, or through customary closing escrow arrangements reasonably acceptable to Seller and Purchaser by the delivery of documents and funds to Escrow Company on or prior to the Closing Date. Subject to the terms and conditions set forth herein, Purchaser shall have the right to accelerate the Closing Date by providing written notice to Seller of such date, which date must be at least five (5) Business Days from the date such notice is delivered in accordance with the provisions of Section 13.1 ; provided, however, that Purchaser shall have the one-time right to revoke such acceleration notice and amend the proposed Closing Date by selecting another Business Day to be the Closing Date by delivering written notice to Seller at least two (2) days prior to the previously selected Closing Date (provided that such revised Closing Date is not later than June 28, 2016). Each of Purchaser and Seller acknowledges that its respective undertakings to close this transaction promptly on the Closing Date is a material inducement to the other to execute this Agreement, that time is of the essence and that neither party shall have any obligation or right to extend, postpone or reschedule the Closing, except as expressly set forth herein. Subject to the terms and conditions set forth herein, Purchaser shall have the right to extend the Closing Date for a period of up to thirty (30) days beyond the original Closing Date. To the extent Purchaser elects to extend the Closing Date pursuant to the preceding sentence, then as a condition precedent to the effectiveness of such extension, Purchaser shall (i) not later than three (3) Business Days prior to the original Closing Date (time being of the essence) deliver written notice of such extension to Seller and Escrow Company and (ii) not later than two (2) Business Days before the original Closing Date deposit with Escrow Company the additional sum of Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) by wire transfer of immediately available U.S. Federal funds which shall become part of the Deposit for all purposes under this Agreement and which shall be applied to the Purchase Price at Closing in accordance with the terms of this Agreement (the “ Closing Extension Deposit ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its subsidiaries carry, or are covered by, insurance covering their respective properties, operations, personnel and businesses in such amounts and covering such risks as is customary for companies engaged in similar businesses in similar industries; and neither the Company nor any of its subsidiaries has (i) received notice from any insurer or agent of such insurer that capital improvements or other expenditures are required or necessary to be made in order to continue such insurance or (ii) any 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 at reasonable cost from similar insurers as may be necessary to continue its business.

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: They did not appeal the district court’s denial of fees' below but have requested fees on appeal, claiming that Smith’s appeal was frivolous. “An application for an award of fees on appeal should be filed as a separate motion within 30 days of the entry of final judgment in this court.” Spooner v. EEN, Inc., 644 F.3d 62, 71 n. 6 (1st Cir.2011); see also 1st Cir. R. 39.1. Should the defendants-appellees wish to pursue their fee application further, they will need to follow the proper procedure. The judgment of the district court is affirmed. 1 . At least two district courts, in addition to the one below and the one in Pickens, have also weighed in on the issue. Compare Schuback v. Law Offices of Phillip S. Van Embden, P.C., No. 1:12-CV-320, 2013 WL 432641, at *2-6 (M.D.Pa. Feb. 1, 2013) (<HOLDING>), with Adkins v. Weltman, Weinberg & Reis Co., Options: A. holding commercial franchises are not covered by new jersey consumer fraud act because they are businesses and not consumer goods B. holding that a garnishment proceeding is an action against the consumer C. recognizing that pennsylvania had no interest in denying its residents the greater damages available under new jersey consumer fraud statutes for claims against a new jersey seller D. holding that common pleas erred in setting aside the writ of execution on the basis that the union erroneously filed a writ of execution instead of filing a writ of mandamus E. holding that a writ of execution under new jersey law is not an action against the consumer

assistant: The best answer is E. holding that a writ of execution under new jersey law is not an action against the consumer