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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Agreement to the contrary, the obligation of the Company to pay or provide the Severance Benefits and the benefits under Sections 3(a) and 3(b) shall automatically and immediately terminate upon a breach by Executive of this Agreement, including without limitation a breach of Executive’s obligations under Section 5, other than an immaterial and inadvertent breach that is discontinued and/or remedied (to the extent subject to cure) by Executive promptly to the Company’s satisfaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: but this time requested only that appellant be examined by “one or more” court-appointed experts. The trial court held a third hearing and again found appellant mentally competent to proceed. At trial, appellant moved unsuccessfully for judgment of acquittal, arguing the State failed to prove premeditation. In closing argument, defense counsel conceded that appellant had committed the lesser offense of manslaughter. In rely on the first two suggestions of mental incompetence to preserve this issue for appellate review. Not only did Clow-ers fail to object at any of the three competency hearings, he ultimately invited the trial court’s error, requesting appointment of just one mental health expert before the final proceeding. See Mairena v. State, 6 So.3d 80, 86 (Fla. 5th DCA 2009) (<HOLDING>); Green v. State, 598 So.2d 313, 313-14 (Fla. Options: A. holding that because defense counsel failed to alert the trial court that he was requesting relief based on a violation of defendants constitutional rights due process argument was not preserved for appellate review B. holding that the admission of out of court statements by a government witness when responding to an inquiry by defense counsel creates invited error C. holding that defense counsel had invited prosecutors comments on parole law D. holding that appellate review is precluded when the error is invited E. holding failure to appoint two experts not preserved for review where defense counsel invited error by requesting only one

assistant: The best answer is E. holding failure to appoint two experts not preserved for review where defense counsel invited error by requesting only one
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 Administrator shall determine the methods by which payments by any Holder with respect to any Awards granted under the Plan shall be made, including, without limitation: (a) cash or check, (b) Shares (including, in the case of payment of the exercise price of an Award, Shares issuable pursuant to the exercise of the Award) or Shares held for such period of time as may be required by the Administrator in order to avoid adverse accounting consequences, in each case, having a Fair Market Value on the date of delivery equal to the aggregate payments required, (c) delivery of a written or electronic notice that the Holder has placed a market sell order with a broker with respect to Shares then issuable upon exercise or vesting of an Award, and that the broker has been directed to pay a sufficient portion of the net proceeds of the sale to the Company in satisfaction of the aggregate payments required; provided that payment of such proceeds is then made to the Company upon settlement of such sale, or (d) other form of legal consideration acceptable to the Administrator. The Administrator shall also determine the methods by which Shares shall be delivered or deemed to be delivered to Holders. Notwithstanding any other provision of the Plan to the contrary, no Holder who is a Director or an “executive officer” of the Company within the meaning of Section 13(k) of the Exchange Act shall be permitted to make payment with respect to any Awards granted under the Plan, or continue any extension of credit with respect to such payment, with a loan from the Company or a loan arranged by the Company in violation of Section 13(k) of the Exchange Act.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company’s employment of the Employee shall terminate upon his death and all payments and benefits shall cease upon such date provided, however, that under this Agreement the estate of such Employee shall be entitled to receive such compensation, expenses and/or benefits that have been earned, accrued or vested as of the date of such termination.

assistant: Death
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 any claims or disputes arising out of or related hereto or to the transactions contemplated hereby or to the inducement of any party to enter herein , whether for breach of contract, tortious conduct or otherwise and whether predicated on common law, statute or otherwise) shall be governed by and construed and interpreted in accordance with the Laws of the State of Delaware irrespective of the choice of laws principles of the State of Delaware including all matters of validity, construction, effect, enforceability, performance and remedies.

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: Each Supplement H-11 Participant became a Participant in the Plan on the Merger Date (if not already a Participant), and shall continue as a Participant in the Plan until all of the Participant’s vested account balances are distributed, subject to the terms of condition of the Plan and this Supplement H-11.

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: The execution, delivery and performance by the Company and each Subsidiary of the Transaction Documents, the issuance and sale of the Securities, and the consummation of the transactions contemplated by the Transaction Documents to which the applicable entity is a party (i) are not and will not be subject to the Required Approvals, conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) do not and will not conflict with, or constitute a default (or an event that with notice or lapse of time or both would constitute a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt or other instrument (evidencing a Company or Subsidiary debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) subject to the Required Approvals, do not and will not conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clauses (ii) and (iii), such as could not reasonably be expected to result in a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: staff and to the public were part of an overt, coordinated campaign and conspiracy among the defendants.” (ComplJ 94). Second, they contend Cox should be liable for Marlatt’s actions because her actions were at Cox’s direction or done with his approval (ComplY 96.) Third, they claim Cox is culpable for the negligent supervision of Marlatt “in thus allowing, participating in, authorizing, directing and/or approving her actions as described herein ... such conduct amounts to express or tacit authorization of said conduct.” (Compl.f 97.) Even if Plaintiffs were to succeed in showing the statements were defamatory, they cite no authority in support of finding Cox liable on the basis of the statements made by others. See Berry v. Stevinson Chevrolet, 804 F.Supp. 121, 133-4 (D.Colo. 1992) (<HOLDING>). The only communication Defendant Cox was Options: A. holding that reversal for a new trial on liability is appropriate only where the error complained of affects only the issues of liability B. holding that bivens liability does not extend to a corporate entity because the deterrence rationale applies only to individual actors C. holding that connecticut courts look to the identity or instrumentality test to determine whether one corporate entity can properly be held responsible for the obligations of another corporate entity D. holding mere status as a director does not create liability where the actions complained of were taken by individual managerial employees of a corporate entity E. recognizing the right of a creditor to sue a corporate director for breach of fiduciary duty

assistant: The best answer is D. holding mere status as a director does not create liability where the actions complained of were taken by individual managerial employees of a corporate entity
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: Swingline Loans shall bear interest at a per annum rate equal to the Base Rate as in effect from time to time plus the then-current Applicable Margin for Revolving Loans that are Base Rate Loans or at such other rate or rates as the Borrower and the applicable Swingline Lender may agree from time to time in writing. Interest on a Swingline Loan is solely for the account of the Swingline Lender that made such Swingline Loan (except to the extent a Revolving Lender acquires a participating interest in such Swingline Loan pursuant to the immediately following subsection (e)). All accrued and unpaid interest on Swingline Loans shall be payable on the dates and in the manner provided in Section 2.5. with respect to interest on Revolving Loans that are Base Rate Loans (except as the applicable Swingline Lender and the Borrower may otherwise agree in writing in connection with any particular Swingline Loan made by such Swingline Lender).

assistant: Interests
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 suspensions, which had expired and therefore could not be challenged on the basis of reputational injury, “[t]he dispute over the public reprimand ... remained] alive.” Id. at 56. The reprimand constituted an “official characterization” of the appellee as having engaged in “a pattern of abusive behavior” that was “prejudicial to the effective and expeditious administration of the business of the courts,” and therefore inflicted direct injury to his reputation. Id. at 57. Consequently, we held that if the appellant prevailed on the merits, “it would be within our power to declare unlawful the defendants’ issuance of stigmatizing reports and thereby to relieve [the appellant] of much of the resulting injury.” Id.; cf. Sullivan v. Comm. on Admissions, 395 F.2d 954, 956 (D.C.Cir.1967) (<HOLDING>). As these cases demonstrate, reputational Options: A. holding that the district court had discretion where plaintiff sought to amend a count that had been dismissed with prejudice B. holding that appraisal district had standing based on its interest in the validity of the statute that it is charged with implementing C. holding that the fourth circuit had jurisdiction to hear an appeal from a south carolina district courts order denying a motion to compel arbitration even though the district court also transferred the case to a georgia district court D. holding that district courts dismissal of state law claims was proper where the district court had properly dismissed all of the federal questions that gave it original jurisdiction E. holding that an attorney charged with misconduct had standing on the basis of reputational injury to appeal those portions of the district courts opinion that reflected unfavorably on the attorneys professional conduct even though the district court had otherwise dismissed the charges

assistant: The best answer is E. holding that an attorney charged with misconduct had standing on the basis of reputational injury to appeal those portions of the district courts opinion that reflected unfavorably on the attorneys professional conduct even though the district court had otherwise dismissed the charges
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 Loan Party and each Lender hereby authorizes each Agent to make appropriate announcements of the financial arrangement entered into among Loan Parties, Agents and Lenders, including announcements which are commonly known as tombstones, in such publications and to such selected parties as each Agent shall in its sole and absolute discretion deem appropriate.

assistant: Publicity
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: known right.” United States v. Olano, 507 U.S. 725, 733, 113 S.Ct. 1770, 123 L.Ed.2d 508 (1993) (quotation marks omitted). A "promise” is similarly defined as "a person’s assurance that the person will or will not do something.” Black’s Law Dictionary 1406 (10th ed.2014). By waiving his right to appeal, Erwin relinquished that right; in so doing, he promised not to exercise it. 6 . Erwin does not dispute that, if he breached the agreement by filing an appeal, such breach was material. Nor could he: the breach defeated the parties' bargained-for objective and deprived the Government of a substantial part of its benefit. See Pittsburgh Nat’l Bank v. Abdnor, 898 F.2d 334, 338 (3d Cir.1990); see also Total Containment, Inc. v. Environ Prods., Inc., 921 F.Supp. 1355, 1416- 17 (E.D.Pa.1995) (<HOLDING>), aff'd in part, vacated in part on other Options: A. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt B. holding that a district court may order restitution despite a settlement agreement C. holding that the appellants appeal of the jurys verdict was a material breach of the no appeals provision in the parties settlement agreement D. holding that a settlement agreement in which the parties failed to agree upon the terms of a release was unenforceable E. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement agreement

assistant: The best answer is E. holding that the plaintiffs lawsuit which was filed despite a general release in the parties settlement agreement constituted a material breach of the settlement 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 legal provision and list the applicable contract clause categories. Provision: All fees required to be paid on the Closing Date pursuant to the Fee Letter Amended & Restated Fee Letter, dated October 23, 2012, by and among SFCC, Morgan Stanley Senior Funding, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Bank of America, N.A. , Credit Suisse Securities (USA) LLC, Credit Suisse AG, Deutsche Bank Securities Inc. and Deutsche Bank Trust Company Americas , and all reasonable, documented and invoiced out-of-pocket expenses payable by Parent to the Lenders, the Arrangers Morgan Stanley Senior Funding, Inc., Merrill Lynch, Pierce, Fenner & Smith Incorporated, Credit Suisse Securities (USA) LLC, Deutsche Bank Securities Inc. and the Agents on or before the Closing Date (as previously agreed upon in writing by Parent) shall have been paid to the extent due and payable, to the extent invoiced at least three Business Days prior to the Closing Date.

assistant: Fees
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 SUPPLEMENTAL INDENTURE, THE INDENTURE, THE GUARANTEES AND THE NOTES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, BUT WITHOUT GIVING EFFECT TO APPLICABLE PRINCIPLES OF CONFLICTS OF LAW TO THE EXTENT THAT SUCH PRINCIPLES ARE NOT MANDATORILY APPLICABLE BY STATUTE AND THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION WOULD BE REQUIRED THEREBY. THE ISSUER AND EACH GUARANTOR HEREBY IRREVOCABLY SUBMITS TO THE JURISDICTION OF ANY NEW YORK STATE COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK OR ANY FEDERAL COURT SITTING IN THE BOROUGH OF MANHATTAN IN THE CITY OF NEW YORK IN RESPECT OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE INDENTURE, THE GUARANTEES AND THE NOTES, AND IRREVOCABLY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, JURISDICTION OF THE AFORESAID COURTS. THE ISSUER AND EACH GUARANTOR IRREVOCABLY WAIVES, TO THE FULLEST EXTENT THAT IT MAY EFFECTIVELY DO SO UNDER APPLICABLE LAW, TRIAL BY JURY AND ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT AND ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM. NOTHING HEREIN SHALL AFFECT THE RIGHT OF THE TRUSTEE OR ANY HOLDER OF THE NOTES TO SERVE PROCESS IN ANY OTHER MANNER PERMITTED BY LAW OR TO COMMENCE LEGAL PROCEEDINGS OR OTHERWISE PROCEED AGAINST THE ISSUER OR ANY GUARANTOR IN ANY OTHER JURISDICTION.

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 case excerpt and choose the best holding from the options. Case excerpt: dent analysis of Article 1, Section'll results in waiver of the issue on appeal), trans. denied (2014). 4 . For a detailed summary of previous "Indiana dog sniff cases" that we believe' remain consistent with Rodriguez, see State v. Gray, 997 N.E.2d 1147, 1151 (Ind.Ct.App.2013) (citing Bush v. State, 925 N.E.2d 787 (Ind.Ct.App.2010), clarified on reh’g, 929 N.E.2d 897, trans. denied (2014)). 5 . While we need not reach the issue, we conclude that even if the dóg sniff prolonged Hansbrough’s traffic stop, the evidence establishes that Officer Silbaugh had reasonable suspicion of criminal activity (based upon his observation of what he believed to be marijua na shake) in order to detain Hansbrough beyond the time necessary to complete the mission of the stop. See Gray, 997 N.E.2d at 1152 Options: A. holding that a dog sniff during a legitimate traffic stop does not constitute a search because there is no expectation of privacy in contraband and a dog sniff does not violate any privacy interest B. recognizing that once a justifiable stop is made the scope of the officers investigation may be broadened beyond the purpose for which the person was stopped only if additional particularized and objective suspicions come to light although additional suspicion is not required tpperform a dog sniff suspicion is required for any additional seizure that the dog sniff caused C. holding dog sniff of a vehicle parked on a public street did not violate the fourth amendment when canine sniff was conducted after the driver was validly stopped and arrested for driving on a suspended license D. holding that a dog sniff of a federal express package was a search E. holding that a dog sniff of the outside of a car subsequent to a valid traffic stop did not constitute a search

assistant: The best answer is B. recognizing that once a justifiable stop is made the scope of the officers investigation may be broadened beyond the purpose for which the person was stopped only if additional particularized and objective suspicions come to light although additional suspicion is not required tpperform a dog sniff suspicion is required for any additional seizure that the dog sniff caused
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: References in this Agreement to any Article or Section are, unless otherwise specified, to such Article or Section of this Agreement. Headings and captions used in this Agreement are included for convenience of reference only and shall not be given any substantive effect.

assistant: Headings
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: As the Parties acknowledge and agree that each has been given the opportunity independently to review this Agreement with legal counsel and agree to the particular language of the provisions, this Agreement shall not be interpreted by rules of construction providing for interpretation against the drafter.

assistant: Interpretations
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 discrimination or retaliation purposes between “termination” and other adverse actions such as “failure to promote” or “denial of transfer.” See Morgan, 536 U.S. at 114, 122 S.Ct. 2061. Nor does — or could— the majority ultimately hinge its decision on the absence of any formal “reinstatement process.” The denial of reinstatement can give rise to a claim if grounded in discriminatory or retaliatory bias, regardless of whether any formal process attends the denial. Indeed, one of the cases cited by the majority in setting out when reinstatement claims might be made, EEOC v. City of Norfolk Police Department, 45 F.3d 80 (4th Cir.1995) (cited ante, at 529-30), establishes that refusal of reinstatement through informal means can be actionable. See Norfolk Police, 45 F.3d at 84-85 (<HOLDING>). The majority ultimately rests its decision on Options: A. holding police department employees opposition to discrimination by police officers against black citizens did not constitute protected activity under title vii B. holding police officer is a public official C. holding that police departments failure to discipline an officer can create municipal liability particularly when plaintiffs injuries result from conduct similar to that alleged in prior complaints against the officer D. holding that where white police officers were customarily reinstated imme diately after criminal charges against them were dropped while an africanamerican officer was required to complete a formal administrative appeal process eeoc can pursue a discrimination claim against the police department for failing to reinstate the africanamerican officer through informal procedures E. holding that the pittsburgh police department did not illegally terminate an officers hla benefits and that the police department was entitled to a subrogation interest against the officers thirdparty settlement

assistant: The best answer is D. holding that where white police officers were customarily reinstated imme diately after criminal charges against them were dropped while an africanamerican officer was required to complete a formal administrative appeal process eeoc can pursue a discrimination claim against the police department for failing to reinstate the africanamerican officer through informal procedures
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 district court’s contrary decision with respect to the ASPA’s ADA claim rested largely on its conclusion that the ASPA’s members are not subject to the ADA and, thus, that it could not assert claims that rely on the ADA. ’ A plaintiff’s ability to state a claim under á particular statute is not a question of federal subject matter jurisdiction, however, but rather a question of the merits of that claim. See, e.g., Lexmark, 134 S.Ct. at 1387 n.4. 6 . Plaintiffs relatedly argue that the City is not actually procuring any goods or services but is instead essentially offering licenses, which they describe as a “purely regulatory function.” But a private contracting condition may be proprietary even though it could also be called a licensing scheme. See, e.g., Johnson, 623 F.3d at 1017 (<HOLDING>). Nor does it matter that the City would not be Options: A. holding union members state law claims for defamation against union preempted B. holding that the challenged contractual provisions in a project labor agreement were not preempted by the nlra even though the defendant college district restricted contractors on the project to employing only members of a particular union effectively offering a license to only one group C. holding that the nlra preempts a rico claim when the underlying conduct of the plaintiffs rico claim is wrongful only by virtue of the labor laws D. holding that union members suit based on contract that was independent of a collective bargaining agreement was not preempted and not removable E. holding that the age discrimination in employment act was not preempted by the nlra

assistant: The best answer is B. holding that the challenged contractual provisions in a project labor agreement were not preempted by the nlra even though the defendant college district restricted contractors on the project to employing only members of a particular union effectively offering a license to only one group
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: Company shall not transfer any portion of the LBIO Materials to any Third Party or use the LBIO Materials for any purpose other than the purposes of performing its obligations under, and in accordance with, this Agreement, the Quality Agreement, the applicable Statement of Work, and all Laws. Company shall hold, store and transport all supplies of the LBIO Materials in compliance with all Laws, this Agreement, the Quality Agreement, and the applicable Statement of Work. Company shall maintain complete and accurate records relating to the disposition of all LBIO Materials. Within thirty (30) days of the expiration or termination of any Statement of Work or this Agreement, or LBIO’s request, Company shall return to LBIO, or destroy, at LBIO’s option, all unused supplies of LBIO Materials.

assistant: Records
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 failure or delay on the part of Secured Party in exercising any right, power or privilege under this Agreement or any applicable law shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder or thereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver or modification of any right, power or privilege of Secured Party or of any obligation of Grantor shall be effective unless such waiver or modification is in writing, and signed by Secured Party and then only to the extent set forth therein. A waiver by Secured Party of any right, power, or privilege hereunder on any one occasion shall not be construed as a bar to, or waiver of, the exercise of any such right, power or privilege which Secured Party otherwise would have on any subsequent occasion.

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: Parent does not have any Subsidiaries other than the Borrower and the Borrower’s Subsidiaries. Schedule 3.12 sets forth the name of, and the ownership interest of the Borrower in, and identifies each Subsidiary of the Borrower that is a Material Subsidiary as of the Effective Date.

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: unexplained by the court, directly contradicts United States v. Finley, 477 F.3d 250 (5th Cir.2007), and United States v. Curtis, 635 F.3d 704 (5th Cir.2011), cert. denied, — U.S. -, 132 S.Ct. 191, 181 L.Ed.2d 99 (2011). Finley held that no warrant is required for a search of an arrestee’s cell phone, including text messages and call records, incident to lawful arrest. 477 F.3d at 259-60. Officers arrested Finley at the scene of a traffic stop, searched his person and seized a cell phone from his pocket. Id. at 254. The officers retrieved call records and text messages in the search of Finley’s cell phone. Id. In Curtis, we relied on Finley to hold that an officer could search a defendant’s cell phone, including text messages, incident to his lawful arrest. 635 F.3d at 711-13 (<HOLDING>). 3. Finally, we consider whether the district Options: A. holding seizure of arrestees cell phone lawful but finding the fourth amendment requires a warrant to perform a forensic search of the lawfully seized cell phone B. holding a warrantless search of cell phone contents did not exceed permissible scope of search incident to arrest C. recognizing that a search incident to a lawful arrest permits a law enforcement officer to conduct a warrantless search of a container located in the area of the arrestees immediate control D. holding that the permissible scope of a search incident to arrest includes the contents of a cell phone found on the arrestees person E. holding that finley authorizes a police officer to search the electronic contents of a cell phone recovered from the area within an arrestees immediate control

assistant: The best answer is E. holding that finley authorizes a police officer to search the electronic contents of a cell phone recovered from the area within an arrestees immediate control
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the company may terminate , suspend , warn or take other appropriate actions against users for posting objectionable content to the service , including , but not limited to , the removal of all user content uploaded to the service by a user .

assistant: Content removal, Unilateral termination
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: than a holder in due course. The debtor obtained the loan from his uncle that was used to make sufficient deposits to eliminate the negative balances at both banks. At that point, the banks’ security interests were satisfied and the banks were made whole. [Tjhese banks did not benefit from any funds that they had reason to suspect or know were illegal or tainted. Id. at 887. In Brown, the kite related transfers-the satisfaction of provisional credit upon final settlement of a deposited item — were shielded from preference attack under § 547(b) of the Bankruptcy Code “by the secured positions enjoyed by the depositary and collection banks.” Id.; see also Pioneer Liquidating Corp. v. San Diego Trust & Sav. Bank (In re Consol. Pioneer Mortgage Entities), 211 B.R. 704, 711 (S.D.Cal.1997) (<HOLDING>), aff'd in part, rev’d in part 166 F.3d 342, Options: A. holding that a bank customer did not have a reasonable expectation of privacy in records maintained by the bank B. holding that based on 4210 of the ucc there could be no recovery because the bank had a security interest in the deposited items to the extent that it allowed its customer to draw on provisional credit C. holding a bank officer who informed a third party that it would be safe to extend 8000 credit to bank customer although customer did not have an open account at the bank could be held liable for the material misrepresentation D. holding that bank had right to set off funds in a customers account against debt that the bank customer had incurred as a surety or guarantor E. holding that with respect to owners summaryjudgment claims against subsequent buyers under ucc 24011 owners reservation of title in himself was limited in effect to reservation of security interest and that failure of owner to perfect his security interest made it subordinate under ucc 9 301lc to rights of buyer not in ordinary course of business

assistant: The best answer is B. holding that based on 4210 of the ucc there could be no recovery because the bank had a security interest in the deposited items to the extent that it allowed its customer to draw on provisional credit
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment and any claims, controversy, dispute or cause of action (whether in contract or tort or otherwise) based upon, arising out of or relating to this Amendment and the transactions contemplated hereby shall be governed by, and construed in accordance with, the law of the State of NEW yORK WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS THEREOF (OTHER THAN SECTIONS 5-1401 AND 5-1402 OF THE GENERAL OBLIGATIONS LAW OF 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: Neither the execution and delivery of this Agreement nor compliance with the terms and provisions hereof on the part of such party shall breach any statutes or regulations of any governmental authority, domestic or foreign, or shall conflict with or result in a breach of such party’s organizational document(s) (if applicable) or of any of the terms, conditions or provisions of any judgment, order, injunction, decree, agreement or instrument to which such party is a party or by which it or its assets are or may be bound, or constitute a default thereunder or an event which with the giving of notice or passage of time or both would constitute a default thereunder, or require the consent of any person or entity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the promises and payment set forth in Section 2 above and the agreement of the Parties to mutually release claims, Mr. Summers does hereby unconditionally, irrevocably and absolutely release and discharge BDIC, its owners, directors, officers, employees, agents, lenders, including the Doheny Group LLC, attorneys, stockholders, insurers, divisions, affiliates, successors and assigns, and any related holding, parent, sister or subsidiary corporations from any and all loss, liability, claims, demands, causes of action or suits of any type, whether in law and/or in equity, related directly or indirectly, or in any way connected with any transactions, affairs or occurrences between them to date, including, but not limited to, Mr. Summers’ employment with BDIC, the termination of said employment and any rights Mr. Summers may have pursuant to the Employment Agreement, including any right to own or be issued any BDIC stock beyond what is set forth in Section 2 above. This Agreement specifically applies, without limitation, to any and all wage claims, claims for unpaid expenses, contract claims, including the Employment Agreement, claims for breach of the covenant of good faith and fair dealing, tort claims, claims for promissory estoppel, fraud, negligent or intentional misrepresentation, breach of fiduciary duty or unfair business practices, claims for wrongful termination, and claims arising under Title VII of the Civil Rights Act of 1991, the Americans with Disabilities Act, the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act, the Sarbanes-Oxley Act of 2002, the California Fair Employment and Housing Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the California Family Rights Act, the California Labor Code, the California Business and Professions Code, and any and all federal or state statutes or laws governing wages and/or discrimination, harassment or retaliation in employment.

assistant: Releases
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 notice permitted or required to be given under this Agreement must be given in writing and delivered in person or by registered, U.S. mail, return receipt requested, postage prepaid; or through Federal Express, UPS, DHL or any other reputable professional delivery service that maintains a confirmation of delivery system. Any delivery must be (i) in the case of notices to the Company, addressed to the Company’s General Counsel at the Company’s then-current corporate offices and (ii) in the case of notices to the Executive, addressed to the Executive’s last mailing address contained in the Executive’s personnel file. Any notice permitted or required to be given under this Agreement will be deemed to have been given and will be effective on the date it is delivered.

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: During the Term, Executive shall be engaged by the Company in the capacity of Executive Vice President, Human Resources of the Company and CNO or in such other senior executive capacity as the Chief Executive Officer of CNO shall specify. Executive shall report to the Chief Executive Officer of CNO or such other senior executive officer as the Chief Executive Officer of CNO may specify regarding the performance of her duties.

assistant: Duties
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: questions in the special verdict forms should only be considered if the jury found Peters guilty of robbery. After posing the questions, the special interrogatories concluded: In order to answer any of these questions “yes,” the government must prove beyond a reasonable doubt that the answer to the question should be “yes”. If the evidence does not convince you beyond a reasonable doubt that the answer should be “yes”, you must answer the question “no.” Peters did not object. The jury found Peters guilty of robbery and answered “yes” to the special interrogatories. Despite failing to object on either issue, Peters moved for a new trial, unsuccessfully, arguing that the sentencing allegations and special verdict questions unfairly prejudiced him. At sentencing, following our decis 95) (<HOLDING>); see Simmons v. Bowersox, 235 F.3d 1124, Options: A. holding representation by attorney who met all requirements for obtaining license but failed to take oath for admission not per se ineffective distinguishing circumstance from representation by someone impersonating lawyer B. holding that an ambiguous mention of an attorney is not a request for counsel C. holding that plaintiffs request that inquiry be made of the jury about its intent behind the verdict was not a request to poll the jury D. holding defendants request to call someone about possible representation to be ambiguous E. holding exclusion was not ambiguous

assistant: The best answer is D. holding defendants request to call someone about possible representation to be ambiguous
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 public policy exception may be recognized on "a clear showing, based on some identifiable policy that has been ‘officially declared' in a statute or municipal regulation, or in the Constitution”). We perceive no error in the court’s ruling. 4 . Although we do not decide whether any particular cause of action would lie on the facts of this case under the law of the District of Columbia, or if applicable, of Maryland, on remand the parties and the trial court should consider claims based on intentional or reek-less misrepresentation, derived from the common law of torts, see, e.g., Carr v. Brown, 395 A.2d 79, 84 (D.C.1978) (describing tortious interference with prospective advantage as "loosely allied to defamation”); but see Elliott v. Healthcare Corp., 629 A.2d 6, 9 (D.C.1993) (<HOLDING>); or arising under statute, D.C. CODE § 51 — Options: A. holding absolutely privileged a communication to an administrative agency designed to prompt action by that agency B. holding absolutely privileged the filing of a mechanics lien prior to the judicial proceeding to foreclose it C. holding demand letter written prior to and during litigation absolutely privileged D. holding that defamation claim fails because communication by employer to dc office of employment services is absolutely privileged E. holding that a defamation claim is a personal injury tort claim

assistant: The best answer is D. holding that defamation claim fails because communication by employer to dc office of employment services is absolutely privileged
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: a final order for purposes of the Gaming Act, 4 Pa.C.S. § 1506, by reference to the Judicial Code’s definitions, 42 Pa.C.S. § 102); Bray v. McKeesport Housing Auth., 114 A.3d 442, 446 n.5 (Pa. Cmwlth. 2015) (defining housing authority as a local agency for purposes of the Local Agency Law, 2 Pa.C.S. § 752, by turning to the definition of "Commonwealth government” in the Judicial Code, 42 Pa.C.S. § 102); Frazier v. Phila. Cnty. Office of Prothonotary, 58 A.3d 858, 859 (Pa. Cmwlth. 2012) (defining "unified judicial system” in Section 102 of the Right to Know Law, 65 P.S, § 67.102, by relying upon the definitions provided in the Rules of Judicial Administration, Pa.R.J. A. 102); Court of Common Pleas of Lackawanna Cnty. v. Pennsylvania Office of Open Records, 2 A.3d 810 (Pa. Cmwlth. 2010) (<HOLDING>). This is a reasonable and intuitive approach, Options: A. holding that federal law applies because judicial estoppel relates to protection of the integrity of the federal judicial process B. recognizing judicial immunity for acts committed within their judicial jurisdiction C. holding that the director of the office of domestic relations was a judicial agency pursuant to the rtkl because the director was administrative staff of the unified judicial system as defined in the judicial code 42 pacs 102 D. holding that despite the merits of the argument the appellant raised on appeal the issue was not preserved for judicial review because it was not raised before the administrative agency E. holding that the director of the office of domestic relations of a court of common pleas was administrative staff of the court and thus a judicial agency under the rtkl

assistant: The best answer is C. holding that the director of the office of domestic relations was a judicial agency pursuant to the rtkl because the director was administrative staff of the unified judicial system as defined in the judicial code 42 pacs 102