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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: protection, in terms of the lessor, if it did not carry with it the right to reasonably exhibit the premises durin[g] that period. Were this not the case, the landlord would suffer a month’s loss in rental since no one would rent the property without the right to first examine the premises. Id. The same principle applies in the present case. For the foregoing reasons, we hold the lease gives Alta Vista the right to access the premises temporarily at reasonable times to show the property to prospective buyers. Because we have reached this conclusion without considering extrinsic evidence and the only available extrinsic evidence further supports Alta Vista’s in terpretation, we can interpret the lease as a matter of law even though it is ambiguous. See Pillsbury Co., 752 N.W.2d at 435 (<HOLDING>); Restatement (Second) of Contracts § 212, at Options: A. holding that court may not use extrinsic evidence unless contract language is ambiguous B. holding that court must determine intent of parties by reference to language of release turning to extrinsic evidence only when it determines as a matter of law that terms are ambiguous C. holding that a court may consider extrinsic evidence to determine whether a contract is ambiguous D. holding that extrinsic evidence admissible to determine intent of parties E. holding interpretation is a matter of law for the court when it does not depend on extrinsic evidence

assistant: The best answer is E. holding interpretation is a matter of law for the court when it does not depend on extrinsic evidence
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: regulatory authority over interstate air transportation pursuant to the Federal Aviation Act of 1958, 72 Stat. 731, as amended, 49 U.S.C. app. § 1301 et seq. However, the Act did not expressly preempt state regulation, and further, it contained a “savings clause” providing that “[njothing ... in this chapter shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.” 49 U.S.C. app. § 1506 (recodified at 49 U.S.C. § 40120(c)); see American Airlines, Inc. v. Wolens, 513 U.S. 219, 222, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995). As a result, states were not prevented from enforcing their own laws, despite the economic effect on the airlines. See California v. CAB, 581 F.2d 954, 956 (D.C.Cir.1978) (<HOLDING>); Nader v. Allegheny Airlines, Inc., 426 U.S. Options: A. recognizing that congress had the power to regulate boxcars that traveled exclusively intrastate because of their inherent mobility and connection to interstate commerce it is no objection to such an exertion of commerce clause power that the dangers intended to be avoided arise in whole or in part out of matters connected with intrastate commerce B. holding that states were permitted to regulate intrastate airfares C. holding that intrastate transportation of imported oil from coastal storage facilities to bulk stations constituted intrastate commerce D. holding that states may regulate all professions concerned with health E. holding that congress may regulate purely local intrastate activities if they are part of an economic class of activities that have a substantial effect on interstate commerce

assistant: The best answer is B. holding that states were permitted to regulate intrastate airfares
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: Agreement ”), by and among AVDC, Inc., an Ohio corporation (the “ Construction Agent ” or “ Lessee ”); the various entities which are parties thereto from time to time as guarantors (individually, a “ Guarantor ” and collectively, the “ Guarantors ”); Wachovia Service Corporation, a Delaware corporation (the “ Lessor ”); the various banks and other lending institutions which are parties thereto from time to time as lease participants (individually, a “ Lease Participant ” and collectively, the “ Lease Participants ”); and Wells Fargo Bank, National Association, a national banking association, as the agent for the Lessor Parties and, respecting the Security Documents, as agent for the Secured Parties (in such capacity, the “ Agent ”) and (ii) the other Operative Agreements referred to in the Participation Agreement, as the same may be amended, modified, extended, supplemented, restated and/or replaced from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fact that a fiduciary’s duty ari uthorized by the plan ... to be done by the plan administrator,” 29 U.S.C. § 1342(d)(1)(A)®, including the power to “construe the Plan and to determine all questions of fact that may arise thereunder,” (Katz Aff. Ex. 10 at VII-2). Determining which documents were validly enacted according to their terms, and which were unreliable or disregarded by the Pan Am Plan administrator, are responsibilities encompassed within PBGC’s power to interpret the Plan and determine relevant questions of fact. Because the Plan gives PBGC the discretionary power to construe the Plan, its decisions in this regard cannot be overturned unless they were arbitrary and capricious. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 112-15, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989) (<HOLDING>); Varity, 516 U.S. at 514-15, 116 S.Ct. 1065 Options: A. holding that plan fiduciary is entitled to deferential review if empowered by the plan to construe its terms in order to determine benefit eligibility B. holding that plan language giving plan administrator power to determine which employees are eligible to participate in the plan and providing all parties dealing with the plan an interpretation of plan provisions on request indicates deferential standard of review of trustee eligibility decisions C. holding that plan language granting the plan administrator the sole discretion to construe the terms of a long term disability policy and to determine eligibility under the policy triggered arbitrary and capricious review D. holding that a denial of benefits will not be reviewed de novo where the language of an erisa plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan E. holding that arbitrary and capricious standard applies to section 1132a1b denial ofbenefits claims if the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan

assistant: The best answer is A. holding that plan fiduciary is entitled to deferential review if empowered by the plan to construe its terms in order to determine benefit eligibility
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 documents and agreements executed in connection herewith embody the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede all prior and contemporaneous oral or written agreements, representation, warranties, contracts, correspondence, conversations, memoranda and understandings between or among the parties or any of their agents, representatives or affiliates relative to such subject matter.

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: Where the Vessel is (or is to be) sold in exercise of any power contained in this Mortgage or otherwise conferred on the Mortgagee, the Owner undertakes to execute, forthwith upon request by the Mortgagee, such form of conveyance of the Vessel as the Mortgagee may require.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution and delivery by the Servicer of this Agreement and the other Transaction Documents to which it is a party and the performance of its obligations hereunder, except as would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: additionally , apple inc. , google , inc. , microsoft corporation or blackberry limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the services using applications developed for apple ios , android , microsoft windows , or blackberry-powered mobile devices , respectively .

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: and no provision in the document suggests that it is final or intended to be immediately implemented. As such, unlike the September agreement between Yae-kle and Andrews, the document here does not satisfy the exception made for final, written, fully executed agreements provided for in section 18-22-802(2.5). It therefore remains protected as confidential under section 307 of the Dispute Resolution Act. Absent that document, we are left with a slim record on which to perform a common law contract analysis. There is nothing to suggest the terms of any agreement; rather there are only Chotvacs's actions in removing the fence (in accordance with the inadmissible document) and Lish's prompt objection to those actions. Cf. Mestas v. Martini, 113 Colo. 108, 117, 155 P.2d 161, 164-65 (1944) (<HOLDING>). No other admissible evidence supports Options: A. holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law B. holding that to establish an exception to the statute of frauds it must first be shown that an agreement to convey was actually reached that an oral contract must be established by clear and convincing evidence and that the chapter 7 trustee failed to establish that there was any parol contract for conveyance of property from debtors parents to the debtor C. holding that in order for a contract to be enforced it is necessary that all the essential terms of the contract must first be established by competent evidence and shown to be definite certain clear and unambiguous D. holding that where the language of the contract is unambiguous and conveys a definite meaning the court may decide the meaning of the contract as a matter of law E. recognizing that an implied contract must result from a meeting of the minds of the parties in mutual assent to the terms and must be based upon a sufficient consideration free from fraud or undue influence not against public policy and sufficiently definite to be enforced

assistant: The best answer is C. holding that in order for a contract to be enforced it is necessary that all the essential terms of the contract must first be established by competent evidence and shown to be definite certain clear and unambiguous
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 AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF DELAWARE, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULES THAT WOULD CAUSE THE APPLICATION OF LAWS OF ANY JURISDICTION OTHER THAN THOSE OF THE STATE OF DELAWARE. NOTWITHSTANDING THE FOREGOING, EACH OF THE PARTIES AGREES THAT THE INTERNAL LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS MADE AND TO BE PERFORMED IN SUCH STATE SHALL APPLY TO ANY ACTION BROUGHT AGAINST THE FINANCING SOURCES.

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: This Agreement, together with the documents referred to herein, constitutes and expresses the whole agreement of the parties hereto with reference to any of the matters or things herein provided for or herein before discussed or mentioned with reference to the Executive’s employment with the Company, and it cancels and replaces any and all prior understandings, agreements and term sheets between the Executive and CFI and any of its subsidiaries or affiliates; provided, that , this Agreement shall not alter, amend or supersede (i) any Fund Incentives issued to Executive by CC in connection with his prior employment, (ii) any interest the Executive or any of his affiliates may have in any general partner of any fund or related entity managed by the Company, the terms of any of the OP Units issued pursuant to, or other rights the Executive may have under the Contribution Agreements, (iii) the Ancillary Documents (as defined in the Contribution Agreement), (iv) the Indemnification Agreement referenced in Section 3(g) of this Agreement to which the Executive or any of his affiliates is a party or beneficiary and (v) any equity grant made by CFI to the Executive prior to the Effective Date. All promises, representations, collateral agreements and understandings not expressly incorporated in this Agreement are hereby superseded by this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: contingent interests. Segal, 382 U.S. at 379, 86 S.Ct. at 515. The contingent nature of Bracewell’s interest is similar to a loss carryback that may result in a tax refund if the taxpayer has the proper tax characteristics at the end of the year, Segal, 382 U.S. at 381, 86 S.Ct. at 516; a casualty of war that may result in payment from the execution of a treaty and legislation after the discharge of bankruptcy, Williams, 140 U.S. at 541, 11 S.Ct. at 888; the provision of overtime services to the government that may lead to payment based on post-petition legislation, Milnor, 41 U.S. at 227; or pre-petition harm caused by legal malpractice that may result in damages pending judicial process, Alvarez, 224 F.3d at 1277-78. See also In re Dalton, 146 B.R. 460, 463 (Bankr.D.Ariz.1992) (<HOLDING>). Bracewell, like the debtors in Segal, Options: A. holding that creditors cannot allow postpetition funds to be automatically applied to a prepetition indebtedness absent some positive indication that debtors indeed intend to voluntarily assume their prepetition debts B. holding that a postpetition claim under section 1305 is a liability that arises postpetition and relates only to postpetition activity C. holding that claims harming the debtor corporation that arose from prepetition conduct become property of the estate under 11 usc 541a1 D. holding postpetition payments due to the debtor under a prepetition noncompete agreement were not property of the estate because the debtor had not done all acts necessary to accrue his right to the future payments E. holding that a lottery ticket purchased prepetition that won postpetition was included in the debtor estate

assistant: The best answer is E. holding that a lottery ticket purchased prepetition that won postpetition was included in the debtor estate
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 controversy or claim arising out of or relating to this Agreement, or the breach thereof, or any of the rights, benefits or obligations resulting from its terms, shall be settled by arbitration in San Francisco, California. Except for the right of the Company and Executive to seek injunctive relief in court, any controversy, claim or dispute of any type arising out of or relating to Executive’s employment or the provisions of this Agreement shall be resolved in accordance with this Section V of the Agreement, regarding resolution of disputes, which will be the sole and exclusive procedure for the resolution of any such disputes. This Agreement shall be enforced in accordance with the Federal Arbitration Act, the enforcement provisions of which are incorporated by this reference. Matters subject to these provisions include, without limitation, claims or disputes based on statute, contract, common law and tort and will include, for example, matters pertaining to termination, discrimination, harassment, compensation and benefits. Matters to be resolved under these procedures also include claims and disputes arising out of statutes such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the California Labor code, and the California Fair Employment and Housing Act. Nothing in this provision is intended to restrict Executive from submitting any matter to an administrative agency with jurisdiction over such matter.

assistant: Arbitration
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: punitive damages may go to the jury in a § 1983 case. See, e.g., Coleman, 114 F.3d at 788 (upholding award of compensatory damages but finding that the defendant’s “conduct in this case was not sufficiently egregious to justify the imposition of punitive damages”); Cornell v. Woods, 69 F.3d 1383, 1391 (8th Cir.1995) (affirming liability for intentional violation of plaintiffs clearly established First Amendment rights, but holding that defendants’ conduct, “though certainly not to be commended, did not rise to a level of egregiousness sufficient to justify the imposition of punitive damages”); Ivey v. Wilson, 832 F.2d 950, 958 (6th Cir.1987) (citing Smith v. Wade in reversing jury award of punitive damages in § 1983 case); Soderbeck v. Burnett County, 752 F.2d 285, 289 (7th Cir.1985) (<HOLDING>); Lavicky v. Burnett, 758 F.2d 468, 477 (10th Options: A. holding compensatory and punitive damages constitute legal remedies B. holding that when compensatory damages are nominal a much higher ratio of punitive damages to compensatory damages can be contemplated C. holding that punitive damages do not need to be proportional to compensatory damages D. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages E. holding that defendants politically motivated firing of plaintiff was enough to subject him to compensatory but not punitive damages

assistant: The best answer is E. holding that defendants politically motivated firing of plaintiff was enough to subject him to compensatory but not punitive damages
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 Issuer of this Agreement will not (a) contravene, result in any breach of, or constitute a default under or result in the creation of any lien in respect of any property of the Issuer under, any indenture, mortgage, deed of trust, loan, purchase or credit agreement, lease, corporate charter or bylaws, or any other material agreement or instrument to which the Issuer is bound or by which the Issuer or any of its respective properties may be bound or affected, (b) conflict with or result in a breach of any of the terms, conditions or provisions of any order, judgment, decree, or ruling of any court, arbitrator or governmental authority applicable to the Issuer or (c) violate any provision of any statute or other rule or regulation of any governmental authority applicable to the Issuer; except in the case of clauses (a), (b) and (c) as would not be reasonably likely to have a material adverse effect on the business, operations, properties, assets, or condition of the Issuer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms and conditions set forth herein, any Account Party may request the Issuing Lender to issue, at any time and from time to time during the Availability Period, Fronted Letters of Credit for its own account. Each Fronted Letter of Credit shall be in such form as is consistent with the requirements of the applicable regulatory authorities as reasonably determined by the Administrative Agent (in consultation with XL Group) or as otherwise agreed to by the Administrative Agent and XL Group. Fronted Letters of Credit issued hereunder shall constitute utilization of the Commitments. Such Fronted Letters of Credit shall be denominated, at the relevant Account Party’s request, in Dollars or any Alternative Currency.

assistant: General
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: under 18 U.S.C. § 1341 is included in the definition of “racketeering activity." 18 U.S.C. § 1961(1). 10 . RICO § 1962(d) provides in part "[i]t shall be unlawful for any person to conspire to violate any of the provisions of subsection (a), (b), or (c) of this section.” 11 . Although the Court’s finding that the Business Council is immune from a RICO suit precludes a discussion on the merits of Plaintiffs’ RICO claims, the Court notes that this claim fails as a matter of law. The Business Council, as a govemmental entity, is not capable of forming the criminal intent necessary to support the alleged predicate RICO offenses. See Lancaster Community Hosp. v. Anelope Valley Hosp. Dist., 940 F.2d 397, 404 (9th Cir.1991), cert. denied, 502 U.S. 1094, 112 S.Ct. 1168, 117 L.Ed.2d 414 (1992) (<HOLDING>); County of Oakland v. City of Detroit, 784 Options: A. holding that under rico plaintiff must prove an injury because of violation of statute B. holding that equitable relief under rico is available only to the government C. holding that rico claims against a public hospital were properly dismissed because government entities are incapable of forming the malicious intent required under rico D. holding that state courts have concurrent jurisdiction over rico claims and that plaintiffs federal rico claim was barred by res judicata since he failed to bring his rico claim along with his state fraud claims in prior state court action E. holding that plaintiffs cannot claim that a conspiracy to violate rico existed if they do not adequately plead a substantive violation of rico

assistant: The best answer is C. holding that rico claims against a public hospital were properly dismissed because government entities are incapable of forming the malicious intent required under rico
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 be responsible for the payment of any placement agent’s fees, financial advisory fees, or broker’s commissions (other than for Persons engaged by any Investor) relating to or arising out of the transactions contemplated hereby, including, without limitation, any fees or commissions payable to the Placement Agents.

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 Amendment, the Existing Credit Agreement, the Credit Agreement, the other Credit Documents, the Fee Letter, the Agent Fee Letter and that certain commitment letter, dated May 8, 2017, among the Borrower, the Seventh Amendment Lead Arrangers and the Seventh Amendment Lenders (the “ Commitment Letter ”), represent the agreement of the Borrower, the Administrative Agent and the Lenders with respect to the subject matter hereof, and there are no promises, undertakings, representations or warranties by the Administrative Agent, the Seventh Amendment Lead Arrangers or any Lender relative to subject matter hereof not expressly set forth or referred to herein or in the Existing Credit Agreement, the Credit Agreement, other Credit Documents, the Commitment Letter, the Fee Letter and the Agent Fee Letter. This Amendment shall constitute a “Credit Document” and a “Refinancing Amendment” for all purposes under the Credit Agreement.

assistant: Integration
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, during his employment with the Company, Executive is engaged in or associated with the planning or implementing of any project, program or venture involving the Company and/or its Affiliates and a third party or parties, all rights in such project, program or venture shall belong to the Company or its Affiliates. Except as approved in writing by the Board, Executive shall not be entitled to any interest in any such project, program or venture or to any commission, finder’s fee or other compensation in connection therewith, other than the compensation to be paid to Executive by the Company as provided in this Agreement. Except as expressly permitted by Section 6(c) , Executive shall have no interest, direct or indirect, in any customer or supplier that conducts business with the Company and/or its Affiliates, unless such interest has been disclosed in writing to and approved by the Board before such customer or supplier seeks to do business with the Company or its Affiliates, as applicable. All know-how, improvements and inventions, whether or not patentable, and trade secret information conceived or originated by Executive that arise during his employment with the Company or out of the performance of his duties and responsibilities under this Agreement or any related material or information shall be the property of the Company, and all rights therein are hereby assigned by Executive to the Company. All right, title and interest in all copyrightable material that Executive shall conceive or originate individually or jointly or commonly with others, and that arise during his employment with the Company or out of the performance of his duties and responsibilities under this Agreement, shall be the property of the Company, shall be considered “works made for hire,” as defined in the U.S. Copyright Act, and are hereby assigned by Executive to the Company, along with ownership of any and all copyrights in the copyrightable material. Executive shall execute any and all instruments and perform all other acts necessary in furtherance of this Section 5 , including without limitation, all actions necessary to file patent applications and to register copyrights on behalf of the Company. The obligations of Executive in this Section 5 shall survive the termination of Executive’s employment with the Company.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, (a) keep and maintain all property material to the conduct of the business of the Borrower and its Subsidiaries, taken as a whole, in good working order and condition, ordinary wear and tear and damage by casualty excepted, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are customarily maintained by companies engaged in the same or similar businesses operating in the same or similar locations, except, in each case, where the failure to do so could not reasonably be expected to result in a Material Adverse Effect.

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: The provisions of Section 13(d)(i) of the Plan are incorporated herein by reference and made a part hereof. The Participant shall satisfy such Participant’s withholding liability referred to in Section 13(d)(i) of the Plan by having the Company withhold from the number of shares of Common Stock otherwise issuable or deliverable pursuant to the settlement of the Award a number of shares with a Fair Market Value equal to such withholding liability, provided that the number of such shares may not have a Fair Market Value greater than the minimum required statutory withholding liability unless determined by the Committee not to result in adverse accounting consequences.

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: 1315-16 (Fed.Cir.2002)). “[S]ummary judgment is inappropriate if a trier of fact applying the clear and convincing standard could find for either party.” Oney v. Ratliff, 182 F.3d 893, 895 (Fed.Cir.1999) (citing Anderson, 477 U.S. at 255, 106 S.Ct. 2505). Further, reliance on “oral testimony to establish the existence of allegedly anticipatory devices has long been viewed with skepticism.” Sjolund v. Musland, 847 F.2d 1573, 1578-79 (Fed.Cir.1988); see also TypeRight Keyboard, 374 F.3d at 1157-58(reversing district court’s grant of summary judgment of invalidity because trial was necessary to determine whether the testimony proffered by the defendant to prove that a document was prior art was credible); Woodland Trust v. Flower-tree Nursery, Inc., 148 F.3d 1368, 1373 (Fed.Cir.1998) (<HOLDING>). Here, as discussed above, the '651 patent Options: A. holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art B. holding that even credited testimony by an interested party absent corroborating documents is not sufficient to support a finding that a patent was anticipated by prior knowledge or use of the claimed invention C. holding that an assignment or sale of rights in the invention and potential patent rights is not a sale of the invention within the meaning of section 102b D. holding in an ordinary patent infringement suit the claim both arises out of and relates to the defendants alleged manufacturing using or selling of the claimed invention E. holding that benefits in excess of the support obligation could not be credited against future support

assistant: The best answer is B. holding that even credited testimony by an interested party absent corroborating documents is not sufficient to support a finding that a patent was anticipated by prior knowledge or use of the claimed invention
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties acknowledge that the indemnification and other provisions of Section 8 of the Advisory Agreement apply with respect to ACM’s involvement in the transactions contemplated by the Merger Agreement and the transactions contemplated by this letter; provided that ACM shall not be entitled to indemnification pursuant to Section 8 of the Advisory Agreement for any liability of ARCC or ACM that is finally, judicially determined to have arisen solely out of the breach by ACM of its obligations under this letter or the Merger Agreement; provided further that, if ACM and ARCC are both alleged or judicially determined to have breached the Merger Agreement, ACM shall be entitled to indemnification in connection with any actions, suits, investigations or proceedings relating thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 931 F.2d 554, 557 (9th Cir.1991); Stanley v. United States, 140 F.3d 1023, 1027 (Fed.Cir.1998) (dicta); Bilzerian v. United States, 86 F.3d 1067, 1069 (11th Cir.1996) (per curiam) (dicta); Clark v. United States, 63 F.3d 83, 87 (1st Cir.1995) (dicta); O'Bryant v. United States, 49 F.3d 340, 345-47 & n. 8 (7th Cir.1995) (dicta). Because only tax liabilities may be assessed as a deficiency, Pacific Gas and Elec. Co. v. United States, 417 F.3d 1375, 1379, 1381-83 (Fed.Cir.2005); United States v. Frontone, 383 F.3d 656, 659-61 (7th Cir.2004), Beer necessarily held that an erroneous rebate refund revives tax liability. See also Brookhurst, 931 F.2d at 557-58 (recognizing that an erroneous rebate refund makes a previously paid tax liability “unpaid”); Frontone, 383 F.3d at 657, 659-61 (<HOLDING>); cf. IRC § 6211 (counting (presumably Options: A. holding that a tax refund claim must be dismissed if the principal tax deficiency has not been paid in full B. holding refund of discriminatory tax required because predeprivation remedy not clearly available for tax years at issue C. holding that after the then twoyear limitation period for the filing of a refund application had passed the state was entitled to assume that its tax revenues need not be refunded under any circumstance D. holding that because the amount of the debtors obligation to the government exceeded the amount of their income tax refund the refund did not become property of the estate and could not be exempted E. holding that an erroneous rebate refund revives tax liability because the ultimate source of the irss claim to the amount erroneously refunded is a tax owed

assistant: The best answer is E. holding that an erroneous rebate refund revives tax liability because the ultimate source of the irss claim to the amount erroneously refunded is a tax owed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: As a general rule, to have standing, one must generally have a personal stake in the subject matter of the lawsuit, i.e., one must be a real party in interest. Glaze v. Grooms, 324 S.C. 249, 478 S.E.2d 841 (1996). Additionally, a private person may not invoke the judicial power to determine the validity of executive or legislative action unless he has sustained, or is in immediate danger of sustaining, prejudice therefrom. Blandon v. Coleman, 285 S.C. 472, 330 S.E.2d 298 (1985). We have held standing may be conferred upon a party when an issue is of such public importance as to require its resolution for future guidance. Baird v. Charleston County, 333 S.C. 519, 511 S.E.2d 69 (1999) (citing Thompson v. South Carolina Comm’n on Alcohol & Drug Abuse, 267 S.C. 463, 229 S.E.2d 718 (1976) (<HOLDING>)). Appellants attempt to distinguish Baird by Options: A. holding that law enforcement agents internal reports of misconduct by fellow officers involved matters of public concern and contrasting such speech with employees complaints in tang B. recognizing that plaintiffs had standing to allege infringements of their first amendment rights where the record established that they had been threatened with enforcement of the statute and that such enforcement would cause them injury C. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern D. holding that the plaintiffs had standing because the questions involved were of such wide concern both to law enforcement personnel and to the public E. holding that alleged misconduct by public officials particularly by law enforcement officials is matter of public concern

assistant: The best answer is D. holding that the plaintiffs had standing because the questions involved were of such wide concern both to law enforcement personnel and to the 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 legal provision and list the applicable contract clause categories. Provision: The Employer may terminate and liquidate the Plan by irrevocable action taken within the 30 days preceding or the 12 months following a Change in Control, provided the Employer distributes all Plan Accounts (and must distribute the accounts under any Aggregated Plans which plan the Employer also must terminate and liquidate as to each Participant who has experienced the Change in Control) within 12 months following the date of Employer's irrevocable action to terminate and liquidate the Plan and Aggregated Plans. Where the Change in Control results from an asset purchase transaction, the "Employer" with discretion to terminate and liquidate the Plan is the Employer that is primarily liable after the transaction to pay the Deferred Compensation.

assistant: Change In 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 case excerpt and choose the best holding from the options. Case excerpt: Hurdle v. Holloway, 848 So.2d 183, 185 (Miss.2003). 9 . Newell v. S. Jitney Jungle Co., 830 So.2d 621, 625 (Miss.2002). 10 . Miss. Code Ann. § 71-3-7 (emphasis added). 1 ose out of questioning and detainment by the head of defendant employer’s security department as a result of the employer’s suspicion that the plaintiff-employee was stealing funds). 26 . Big "2” Engine Rebuilders v. Freeman, 379 So.2d 888, 890-91 (Miss.1980). 27 . Id. at 891. 28 . Id. 29 . Green v. Glen Oaks Nursing Ctr., 722 So.2d 147, 149 (Miss.Ct.App.1998)(citing Wilson v. Int'l Paper Co., 235 Miss. 153, 108 So.2d 554, 555 (1959); Roberts’ Dependents v. Holiday Parks, Inc., 260 So.2d 476, 479 (Miss.1972)). 30 . Big "2” Engine Rebuilders, 379 So.2d at 891. See also Ellis v. Rose Oil Co., 190 So.2d 450 (Miss.1966) (<HOLDING>); Brookhaven Steam Laundry v. Watts, 214 Miss. Options: A. holding that when an employee suffers an injury from an unexplained fall while the employee is on the job and performing the duties of his employment that injury is eligible for compensation under the workers compensation act B. holding once the plaintiff who had filed a fela claim concluded that he was injured and believed the injury was caused by his employment he had a duty to investigate the situation in order to confirm or deny his belief C. holding claimant unentitled to compensation under the mwca as he was shot by his mistresss husband while at work and such injury had nothing to do with his employment D. holding that claimant was entitled to workers compensation because he was injured in a parking lot which was leased by his employer E. holding that an employees injury while on college grounds to report for first day of work before he reached either the administration building where he was to complete payroll forms or the athletic field house where he was to do the work was an injury suffered in the course of the employment

assistant: The best answer is C. holding claimant unentitled to compensation under the mwca as he was shot by his mistresss husband while at work and such injury had nothing to do with his employment
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 course of dealing or any delay or failure to exercise any right hereunder on the part of the Holder shall operate as a waiver of such right or otherwise prejudice the Holder’s rights, powers or remedies. Without limiting any other provision of this Option or the Investment Agreement, if the Company willfully and knowingly fails to comply with any provision of this Option which results in any material damages to the Holder, the Company shall pay to the Holder such amounts as shall be sufficient to cover any costs and expenses, including, but not limited to, reasonable attorneys’ fees incurred by the Holder in collecting any amounts due pursuant hereto or in otherwise enforcing any of its rights, powers or remedies hereunder.

assistant: Expenses
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: claims are not subject to mandatory arbitr ing because it was decided under the Bankruptcy Act, before the adoption of the Bankruptcy Code in 1978. However the Defendants have not pointed to any changes between the Act and the Code that would lead to a different result. While the present Bankruptcy Code includes substantial amendments to sections 547 and 550 from their pre-1978 Bankruptcy Act counterparts, none of those changes alters in any way the underlying rationale of Allegaert that exempts statutory avoidance claims from arbitration. Defendants also argue that since Allegaert’s holding that securities claims are not arbitrable has subsequently been rejected by the Supreme Court, see Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987) (<HOLDING>), Allegaert’s holding that fraudulent Options: A. holding that claims under the securities act of 1933 were arbitrable under a predispute arbitration agreement B. holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable C. holding that claims under the securities act of 1934 and the rico statutes are arbitrable D. holding that claims under 10b of the securities exchange act of 1934 were arbitrable under a predispute arbitration agreement E. holding that claims under the securities act of 1933 are arbitrable

assistant: The best answer is B. holding that claims brought under section 10b of the securities exchange act and rico claims were arbitrable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder to the Company must be addressed to: MGM Growth Properties LLC, 6385 South Rainbow Boulevard, Las Vegas, Nevada 89118, Attention: Secretary, and any notice hereunder to the Participant must be addressed to the Participant at the Participant’s last address on the records of the Company, subject to the right of either party to designate at any time hereafter in writing some other address. Any notice shall be deemed to have been duly given on personal delivery or three (3) days after being sent in a properly sealed envelope, addressed as set forth above, and deposited (with first class postage prepaid) in the United States mail.

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: In the event of Executive’s death occurring on or after the Termination Date, Brixmor shall provide the amounts in Section 2 that have not previously been paid to Executive to the beneficiary designated by Executive in writing (which designation, where applicable, shall be effected in accordance with the terms and conditions of the applicable plan documents and procedures) or, if no such beneficiary shall be named or be living at the time of his death, to his estate.

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 Multiparty Guaranty is a continuing and irrevocable guaranty of all Secured Obligations now or hereafter existing and shall remain in full force and effect until the Facility Termination Date (whereupon the Guarantors’ obligations under this Multiparty Guaranty shall terminate, other than contingent indemnification obligations and subject to the following sentences). Notwithstanding the foregoing, this Multiparty Guaranty shall continue in full force and effect or be revived, as the case may be, if any payment by or on behalf of the Borrower or a Guarantor is made, or any of the Secured Parties exercises its right of setoff, in respect of the Secured Obligations and such payment or the proceeds of such setoff or any part thereof is subsequently invalidated, declared to be fraudulent or preferential, set aside or required (including pursuant to any settlement entered into by any of the Secured Parties in their discretion) to be repaid to a trustee, receiver or any other party, in connection with any proceeding under any Debtor Relief Laws or otherwise, all as if such payment had not been made or such setoff had not occurred and whether or not the Secured Parties are in possession of or have released this Multiparty Guaranty and regardless of any prior revocation, rescission, termination or reduction. The obligations of each Guarantor under this paragraph subsection shall survive termination of this Multiparty Guaranty.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 1(b)(i) sets forth as of the Closing Date a complete and accurate list of all Patents, Trademarks and Copyrights registered with the United States Patent and Trademark Office or United States Copyright Office, as applicable, and all applications therefor, held by each of the Obligors.

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 legal provision and list the applicable contract clause categories. Provision: Each party agrees that the provisions of Article VII (Confidentiality) of the RMTA shall apply to any information received by it from the other Party or its Affiliates or Representatives in connection with this Agreement.

assistant: Confidentiality