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: Plaintiffs argument, however, ignores the only relevant inquiry under Section 207(a): Whether or not Defendant properly calculated Plaintiffs’ overtime pay. Plaintiffs do not dispute that Defendant actually and in fact paid them at a lower hourly rate than the posted rate. Furthermore, “Plaintiffs do not dispute that they were paid time and a half of the [lower 12 hour shift rate] for each hour work [sic] in excess of 8 hours in a single day.” The parties therefore do not dispute the calculation Defendant employed, but which rate qualifies as the “regular rate” under 29 C.F.R. § 778.110(a). Defendant contends that the “regular rate” has been judicially defined as the hourly rate “actually paid” to an employee. See York v. City of Wichita Falls, Tex., 48 F.3d 919, 921 (5th Cir.1995) (<HOLDING>); United States v. Rosenwasser, 323 U.S. 360, Options: A. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract B. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate C. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine D. holding that an employees regular rate of pay is the hourly rate actually paid the employee for the normal nonovertime workweek for which he is employed quoting walling v youngermanreynolds hardwood co 325 us 419 425 65 sct 1242 89 led 1705 1945 E. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate

assistant: The best answer is D. holding that an employees regular rate of pay is the hourly rate actually paid the employee for the normal nonovertime workweek for which he is employed quoting walling v youngermanreynolds hardwood co 325 us 419 425 65 sct 1242 89 led 1705 1945
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, this determination shall not affect any remaining part of such provision or any other provision of this Agreement and the provision in question shall be modified so as to be rendered enforceable in a manner consistent with the intent of the Parties insofar as possible under applicable law.

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

user: If Sensitive Information is in a physical or electronic form, the Disclosing Party shall label or stamp the materials with the words OFFICIAL-SENSITIVE, or some similar warning, in line with HMG’s protective marking scheme. If Sensitive Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Sensitive Information.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on the ultimate value of viral YouTube clips, as the main characters discover that while society is willing to watch absurd video clips on the internet, our society simultaneous assigns little monetary value to such works. The South Park “take” on the WWITB video is truly transformative, in that it takes the original work and uses parts of the video to not only poke fun at the original, but also to comment on a bizarre social trend, solidifying the work as a classic parody. See Campbell, 510 U.S. at 580, 114 S.Ct. 1164 (noting that a “parody” comments “on the original or eritieiz[es] it to some degree.”) Such use of a copyrighted work, which uses the work and transforms it for another purpose, lends this court to conclude that the defendants’ use is fair. Id. at 579, 114 S.Ct. 1164 (<HOLDING>); see generally Keller and Cunard, Copyright Options: A. recognizing that the work to be completed in accordance with the time limits of section 6 is the work for which lien enforcement is sought B. holding that the more transformative the new work the more likely the use of the old work is a fair one C. holding that 101 mets is more than enough for the performance of light work D. holding that where the plaintiffs allegations concerning a hostile work environment consist of facts that occurred more than one year before the filing of the complaint such a claim is timebarred E. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work

assistant: The best answer is B. holding that the more transformative the new work the more likely the use of the old work is a fair 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 case excerpt and choose the best holding from the options. Case excerpt: of PILT. We conclude a genuine issue of material fact exists with respect to an explicit warranty of future performance. The existence of such a warranty, however, would not automatically make Marvin’s claim timely. Assuming that a future warranty is present, Marvin’s breach of warranty claim accrued when Marvin learned or should have learned of the breach, see Minn.Stat. § 336.2-725(2), and expires four years thence, see id. § 336.2-725(1). “[T]he statute of limitations begins to run ‘when the plaintiff discovers or should have discovered the defendant’s refusal or inability to maintain the goods as warranted’ ” WatPro, 491 N.W.2d at 6 (quoting Smith v. Union Supply Co., 675 P.2d 333, 335 (Colo.Ct.App.1983)); accord Anderson v. Crestliner, Inc., 564 N.W.2d 218, 223 (Minn.Ct.App.1997) (<HOLDING>). There is evidence in the record that Marvin Options: A. holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession B. holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation C. holding that a person who obtains drugs from a seller is not an accomplice of the seller D. holding that broker who represents seller cannot represent buyer in purchase of property from seller without sellers knowledge and consent E. holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision

assistant: The best answer is B. holding that breach occurred when seller told buyer that seller would do no more to rectify alleged warranty violation
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: blizzard entertainment is liable in accordance with statutory law ( i ) in case of intentional breach , ( ii ) in case of gross negligence , ( iii ) for damages arising as result of any injury to life , limb or health or ( iv ) under any applicable product liability act .

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: in this rationale. While liability (apart from coverage) for negligent entrustment is not conditioned upon the entrustor’s ownership or use of the vehicle, negligent use by the one to whom it is entrusted is essential to recovery. It is the concurrence of these dual elements — negligent entrustment by the owner or custodian of the instrumentality plus its negligent use by the entrus-tee — that is missing in the rationale of those cases upholding coverage. Taken literally, this line of reasoning — that negligent entrustment of the vehicle, and not its use, is the basis of insured’s alleged liability — the injured party could recover absent any showing that the incompetent to whom the vehicle is entrusted caused the injury by his negligent use of the vehicle. As w 06, 89 P.3d 573 (2004) (<HOLDING>); GRE Insurance Group v. Reed, 1999 WL 548498, Options: A. holding that assignment of insureds rights to coverage for property damage under automobile insurance policy to automobile repairer was invalid because of antiassignment provision B. holding automobile exclusion in general liability policy did not apply because plaintiffs claim of negligent supervision and training was a separate and distinct theory of recovery from the use of an automobile C. holding joinder of two defendants was proper where plaintiffs filed a products liability claim against general motors and a negligent roadway design claim against a local government for injuries caused by an automobile accident D. holding that household exclusion clauses in policies of automobile liability insurance are contrary to public policy E. holding claim for injuries arising out of use of truck and not from negligent supervision excluded from coverage by auto exclusion in commercial general liability policy no claim that language in policy was ambiguous or unclear

assistant: The best answer is B. holding automobile exclusion in general liability policy did not apply because plaintiffs claim of negligent supervision and training was a separate and distinct theory of recovery from the use of an automobile
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 reliance on the representations, warranties, covenants and agreements contained in this Second Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 3 hereof, the Credit Agreement shall be amended effective as of the Second Amendment Effective Date in the manner provided in this Section 2 .

assistant: Amendments
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: for example , if you are billed on a monthly basis and cancel during a given month , you will be charged for the entirety of that month and maintain access to the premium service through the end of that month .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the vesting of the Award, the Participant: (i) will be deemed to acknowledge and make such representations and warranties as may be requested by the Company for compliance with applicable laws, and any issuances of Ordinary Shares by the Company shall be made in reliance upon the express representations and warranties of the Participant; and (ii) will not sell, transfer or otherwise dispose of the Ordinary Shares in violation of the Plan or this Agreement or dispose of the Ordinary Shares unless and until the Participant has complied with all requirements of this Agreement applicable to the disposition of the Ordinary Shares.

assistant: Representations
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: that casual driv rump any employee leave policies or “refusal to ride” practices that on occasion allow drivers to be skipped over for various secular reasons. First, skipping over Weber constitutes more than a de minimis expense because this unduly burdens his co-workers, with respect to compensation and “time-off’ concerns. As the district court found, skipping over Weber to avoid pairing with a female driver may adversely affect other drivers. For example, the run Weber passes up might lead his substitute to accept a shorter run than she might otherwise, which provides less compensation and is therefore less valuable. Weber’s substitute might also receive less rest and time off between runs than he or she might otherwise. See Cook v. Chrysler Corp., 981 F.2d 336, 338 (8th Cir.1992) (<HOLDING>). The mere possibility of an adverse impact on Options: A. holding that defendant failed to meet second part of duren test when he did not even allege the proportion of jurors who were actually excused for economic hardship B. holding that rule 60b6 may be used to grant relief in case of extreme and undue hardship C. holding that hardship need not be quantifiable in economic terms D. holding that citys policy need not be unconstitutional per se but need only cause a constitutional violation E. holding because legislature knew how to include terms within statutory definition and did not do so statutory definition did not include terms in light of the terms contemporaneous inclusion of the same terms in a separate provision

assistant: The best answer is C. holding that hardship need not be quantifiable in economic terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Grantee acknowledges that a waiver by the Company of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by the Grantee or any other participant.

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 case excerpt and choose the best holding from the options. Case excerpt: and that “[p]risons are a place for punishment.” Even though his initial proposal was never in fact acted on by the legislature, we consider his comments as part of the background. Analysis of the Ex Post Facto Clause claim involves a two-part inquiry. The first asks whether the denial of the right to vote is a civil, regulatory measure within the meaning of the caselaw, or whether it is punitive. “[W]here unpleasant consequences are brought to bear upon an individual for prior conduct,” the central question “is whether the legislative aim was to punish that individual for past activity, or whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation.” De Veau v. Braisted, 363 U.S. 144, 160, 80 S.Ct. 1146, 4 L.Ed.2d 1109 (1960) (<HOLDING>). Only a punitive measure can violate the Ex Options: A. holding that retroactive application of mvra does not violate the ex post facto clause because restitution is not a criminal punishment B. holding that the ex post facto clause has no application to deportation C. holding that parole guidelines are subject to the ex post facto clause D. holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause E. holding that the supreme courts ex post facto precedents do not clearly establish that amended section 29336 violates the ex post facto clause

assistant: The best answer is D. holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under ex post facto clause
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: PSPC has kept all books and records since inception and such financial statements have been prepared in accordance with Generally Accepted Accounting Principles (“ GAAP ”) consistently applied throughout the periods involved. The balance sheets are true and accurate and present fairly as of their respective dates the financial condition of PSPC. As of the date of such balance sheets, except as and to the extent reflected or reserved against therein, including but not limited to any previous tax liability PSPC had no liabilities or obligations (absolute or contingent) which should be reflected in the balance sheets or the notes thereto prepared in accordance with GAAP, and all assets reflected therein are properly reported and present fairly the value of the assets of PSPC, in accordance with GAAP. The statements of operations, stockholders’ equity and cash flows reflect fairly the information required to be set forth therein by GAAP.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and ministerial acts in its application of the qualified public official immunity doctrine. See, e.g., Parker v. State, 337 Md. 271, 284, 653 A.2d 436, 442 (1995) (noting that “the Court has distinguished between the qualified and narrower immunity for discretionary acts generally accorded to public officials, and absolute judicial immunity, which ... applies [to judges] regardless of the nature of the tort” (emphasis added)); Mandel, 320 Md. at 110, 576 A.2d at 769 (recognizing that “ ‘the Maryland cases seem to indicate that discretionary action [of officials] will be protected only in the absence of malice’ ” (emphasis added) (quoting Eliason v. Funk, 233 Md. 351, 356, 196 A.2d 887, 890 (1964))); Robinson v. Bd. of Cnty. Comm’rs, 262 Md. 342, 346-47, 278 A.2d 71, 74 (1971) (<HOLDING>). In the context of public official immunity, Options: A. holding that the statute incorporated all the rights and obligations of the contract emphasis added B. holding that individuals acting in a legislative capacity at a regional level are entitled to absolute immunity C. holding that states and state officials acting in their official capacity are not persons under 1983 D. holding that in maryland governmental immunity is extended to all nonmalicious acts of public officials when acting in a discretionary capacity emphasis added quoting duncan 260 md at 104 271 a2d at 550 E. holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine

assistant: The best answer is D. holding that in maryland governmental immunity is extended to all nonmalicious acts of public officials when acting in a discretionary capacity emphasis added quoting duncan 260 md at 104 271 a2d at 550
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, at the request of any Account Party the Lenders agree at any time and from time to time during the Availability Period to issue Non-Syndicated Letters of Credit for the account of such Account Party in an aggregate amount that will not result in the Aggregate LC Exposure exceeding the Commitments (it being understood that Non-Syndicated Letters of Credit may be issued, or be outstanding, for the account of more than one of the Account Parties at any time). Such Non-Syndicated Letters of Credit shall be denominated, at the relevant Account Party’s request, in Dollars or any Alternative Currency. Each Non-Syndicated Letter of Credit shall be in such form as is consistent with the requirements of the applicable regulatory authorities in the jurisdiction of issue as reasonably determined by the Administrative Agent or as otherwise agreed to by the Administrative Agent and XL Group. Each Non-Syndicated Letter of Credit shall be issued by the respective Issuing Lender thereof, acting through the Administrative Agent as provided in Section 2.02(d), in the amount of such Issuing Lender’s Applicable Percentage of the aggregate amount of Non-Syndicated Letters of Credit being requested by such Account Party at such time, and (notwithstanding anything herein or in any other Letter of Credit Document to the contrary) such Non-Syndicated Letter of Credit shall be the sole responsibility of such Issuing Lender (and of no other Person, including any other Lender or the Administrative Agent). Notwithstanding anything to the contrary in this Agreement, no Non-Syndicated Letter of Credit may be requested hereunder for any jurisdiction unless XL Group provides evidence reasonably satisfactory to the Administrative Agent that Syndicated Letters of Credit do not comply with the insurance laws of such jurisdiction.

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: facts absent from the record. Further, it was Westbrook who bore the burden of proof on this issue and who was responsible for making a record to support his position on this issue. As noted above, even though Westbrook testified as to his limited reading skills,' the Commission’s order was based on Westbrook’s failure to seek assistance even though he knew he disagreed with the determination. The record reflects that Westbrook waited more than five weeks after a Deputy with the Division denied Westbrook’s claim before he went to the unemployment office to check his status, which was nine days past the deadline for filing his appeal. The totality of this evidence supports the Commission’s order. The Commission’s order is consistent with a number of decisions. See Todaro, 660 S.W.2d 763 (<HOLDING>); Byers, 402 S.W.3d 605 (holding that claimant Options: A. holding that the defendant did not establish good faith as a matter of law B. holding that claimant did not establish good cause by showing he was unable to comprehend the determination C. holding that claimant must show good cause for failure to submit evidence to alj and appeals council D. holding that claimant did not establish good cause because she erroneously thought the determination was not final E. holding lack of prejudice to the defendant is not good cause

assistant: The best answer is B. holding that claimant did not establish good cause by showing he was unable to comprehend the determination
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 relief from judgment for an abuse of discretion. See Carmona v. Wal-Mart Stores, E., LP, 81 So.3d 461, 464 (Fla. 2d DCA 2011); Leach v. Salehpour, 19 So.3d 342, 344 (Fla. 2d DCA 2009). However, because the trial court’s decision to apply rule 1.540(b)(3) was purely a question of law, we apply a de novo review to that decision. See U.S. Bank Nat’l Ass’n v. Paiz, 68 So.3d 940, 943 (Fla. 3d DCA 2011); Mourning v. Ballast Nedam Constr., Inc., 964 So.2d 889, 892 (Fla. 4th DCA 2007). I. Rule 1.540(b)(3) is not applicable in this case. Rule 1.540(b)(3) specifically addresses fraud or misconduct of an adverse party. This includes situations where a party or their counsel participates in misconduct by a witness. Cf. Estate of Willis v. Gaffney, 677 So.2d 949, 950-51 (Fla. 2d DCA 1996) (<HOLDING>). Had Maddalena alleged that Casteel encouraged Options: A. recognizing that motion for relief from judgment may be properly filed pursuant to rule 1540b3 where party induced witness to commit perjury B. holding that a conviction violated due process because the prosecutor knowingly allowed a government witness to commit perjury C. holding that the court was precluded from considering whether the district court had abused its discretion in ruling on defendants summary judgment motion before allowing plaintiff to conduct requested discovery where the plaintiff had not filed an affidavit pursuant to rule 56f and stating that when a party does not avail himself of relief under rule 56f it is generally not an abuse of discretion for the district court to rule on the motion for summary judgment citation omitted D. holding that a party may obtain relief from a district courts permanent injunction pursuant to rule 60b5 E. holding summary judgment may only be entered for one who has filed a motion asking that relief and only after notice and hearing on that motion

assistant: The best answer is A. recognizing that motion for relief from judgment may be properly filed pursuant to rule 1540b3 where party induced witness to commit perjury
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 Exhibits and Annexes hereto, and the Disclosure Letters, contains the entire understanding of the parties hereto with respect to the subject matter contained herein and supersedes all prior agreements and understandings, oral and written, with respect thereto, other than the Confidentiality Agreement. This Section 10.4 shall not be deemed to be an admission or acknowledgment by any of the parties hereto that any prior agreements or understandings, oral or written, with respect to the subject matter hereof exist, other than the Confidentiality 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 legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement, including, without limitation, all portions of any paragraphs of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that are not themselves invalid, illegal or unenforceable, shall not in any way be affected or impaired thereby and (b) to the fullest extent possible, the provisions of this Agreement, including, without limitation, all portions of any paragraph of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that are not themselves invalid, illegal or unenforceable, shall be construed so as to give effect to the intent manifested by the provision held invalid, illegal or unenforceable.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have found for the [mov-ant].” ’ ” Kim v. Hurston, 182 F.3d 113, 117 (2d Cir.1999) (quoting Vermont Plastics, Inc. v. Brine, Inc., 79 F.3d 272, 277 (2d Cir.1996) (quoting In re Joint Eastern & Southern Dist. Asbestos Litig., 52 F.3d 1124, 1131 (2d Cir.1995))); see also Stratton v. Department for the Aging, 132 F.3d 869, 878 (2d Cir.1997). 2. Fraud Under New York law, a plaintiff alleging fraud must prove, by clear and convincing evidence: (1) a material misrepresentation or omission of fact, (2) made with knowledge of its falsity, (3) with an intent to defraud, (4) reasonable reliance on the part of the plaintiff, and (5) injury to plaintiff. Schlaifer Nance & Co. v. Estate of Andy Warhol, 119 F.3d 91, 98 (2d Cir.1997); see generally Stewart v. Jackson & Nash, 976 F.2d 86 (2d Cir.1992) (<HOLDING>). On this motion, two elements are of principal Options: A. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage B. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave C. holding that attorney stated a claim for fraud when she was induced by alleged misrepresentations of fact to leave employment with prior law firm to join defendant law firm D. holding that punitive damages award against vicariously liable law firm was not excessive in part because the award is proportionate to the law firms financial position E. holding direct misrepresentations were not required for mail fraud conviction

assistant: The best answer is C. holding that attorney stated a claim for fraud when she was induced by alleged misrepresentations of fact to leave employment with prior law firm to join defendant law firm
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: Headings at the beginning of each article and section are solely for the convenience of the parties and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular will include the plural and the masculine will include the feminine and vice versa. This Agreement will not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared the same. All exhibits and schedules referred to in this Agreement are attached and incorporated by this reference, and any capitalized term used in any exhibit or schedule which is not defined in such exhibit or schedule will have the meaning attributable to such term in the body of this Agreement. In the event the date on which Purchaser or Seller is required to take any action under the terms of this Agreement is not a Business Day, the action will be taken on the next succeeding Business Day. In the event that any date that constitutes a deadline under this Agreement falls on a non-Business Day, the deadline shall be deemed to be extended to the next Business Day.

assistant: Construction
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 notices, requests, demands and other communications provided for by this agreement shall be sufficient if in writing and if hand delivered, sent by overnight courier, or sent by registered or certified mail to Walters at the last address he has filed in writing with Unilife or, in the case of Unilife, to Unilife's CEO at Unilife's principal executive offices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties hereto agree that irreparable damage would occur in the event any provision of this Agreement was not performed in accordance with the terms hereof and that any Buyer (without being joined by any other Buyer) shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity. Any Buyer shall be entitled to its reasonable attorneys’ fees in any action brought to enforce this Agreement in which it is the prevailing party.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the time it takes to begin watching netflix content will vary based on a number of factors , including your location , available bandwidth at the time , the content you have selected and the configuration of your netflix ready device .

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: Inc., v. Pena, 515 U.S. 200, 227, 115 S.Ct. 2097, 132 L.Ed.2d 158 (1995) (declining to make an exception for so-called “benign” racial classifications; “all racial classifications, imposed by whatever federal, state, or local governmental actor, must be analyzed by a reviewing court under strict scrutiny”). Morrison contends that we must also apply strict scrutiny review to defendants’ race-based prison policy. However, it has long been recognized that, within the prison environment, courts grapple with yet another set of special considerations— those dictated by the needs and problems inherent in a penitentiary. The Equal Protection Clause indisputably protects prisoners from arbitrary racial discrimination, see Turner v. Safley, 482 U.S. 78, 84, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (<HOLDING>), but our review of prison policies and actions Options: A. holding required changes in prison policy not burdensome in light of the overall cost of operating the prison B. holding prison official must have acted with reckless disregard for the inmates safety C. holding prison nurse was not entitled to official immunity related to allegations that she failed to follow the prison policy related to inmate prescriptions because the prison policy regarding the maintenance and administration of inmates prescriptions does not depend on discretionary judgment calls D. holding that prison conditions are those aspects of prison life affecting the entire prison population E. holding that prison walls do not form a barrier separating prison inmates from the protections of the constitution

assistant: The best answer is E. holding that prison walls do not form a barrier separating prison inmates from the protections of the constitution
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: F.3d 135, 143 (4th Cir.2010) (“Because we hold that an indictment need not set forth vicarious coconspirator liability, it was not error for the district court to instruct the jury on this theory.”). As members of the conspiracy, all of the defendants, including Phun, were legally responsible for the possession of firearms, which was a reasonably foreseeable act by their cocon-spirators in furtherance of that conspiracy. Pinkerton, 328 U.S. at 646-48, 66 S.Ct. 1180. 10 . The defendants do not contest, and we find, that Snyder’s testimony met Rule 701’s second requirement, as it was undoubtedly helpful to the jury's ability to understand the conversations. 11 . Even if we were to follow the Ninth Circuit's approach in United States v. Figueroa-Lopez, 125 F.3d 1241, 1246 (9th Cir.1997) (<HOLDING>), there is no indication that Snyder gave any Options: A. holding that an experts testimony that a victims symptoms were consistent with administration of a date rape drug were admissible B. holding that prior drug convictions that were four ten and eleven years old were not so remote from the charged drug offenses as to render them inadmissible C. holding that the principal is liable for an agents acts committed within the scope of the agents employment D. holding that an expert opinion on a question of law is inadmissible E. holding inadmissible an agents testimony that certain activities were consistent with those of an experienced drug trafficker

assistant: The best answer is E. holding inadmissible an agents testimony that certain activities were consistent with those of an experienced drug trafficker
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: noneconomic damage awards. A defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant’s percentage of responsibility unless the percentage of responsibility attributed to the defendant is greater than 50% or the defendant engaged in particular conduct listed in the penal code. See Tex. Civ. Prac. & Rem.Code Ann. § 33.013(a), (b) (West 2008). Here, the jury found LMS 30% responsible and found Hospital 60% responsible. Based on our above holding that legally insufficient evidence exists to support the jury’s joint enterprise finding and the fact that the jury assessed only 30% responsibility against LMS, LMS cannot be jointly and severally liable with Hospital for the entire judgment. See id.; Able, 35 S.W.3d at 616 (<HOLDING>); Shoemaker, 513 S.W.2d at 14 (same). Options: A. recognizing as viable actions in tort negligent hiring and negligent retention B. recognizing that each party in a joint enterprise is responsible for the negligent act of the other C. holding that the jones act did not operate to make negligent crew members liable to their employers for damages paid to other seamen under the jones act because crew members cannot sue each other for negligence D. holding that a clause providing that the insurer has a right to recover damages from a responsible third party referred to a tortfeasor because the use of damages in bodily injury cases means pecuniary compensation resulting from an unlawful or negligent act by a wrongdoer E. holding that for a plaintiff to recover on claim of negligent hiring the negligent hiring of the employee must have been the proximate cause of the injury at issue

assistant: The best answer is B. recognizing that each party in a joint enterprise is responsible for the negligent act of the other
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 arbitration proceeding in which the amount in controversy is $5,000,000.00 or less will be decided by a single arbitrator selected according to the Rules, and who shall not render an award of greater than $5,000,000.00. Any dispute in which the amount in controversy exceeds $5,000,000.00 shall be decided by majority vote of a panel of three arbitrators; provided however, that all three arbitrators must actively participate in all hearings and deliberations. The arbitrator will be a neutral attorney licensed in the State of New York or a neutral retired judge of the state or federal judiciary of New York, in either case with a minimum of ten years experience in the substantive law applicable to the subject matter of the dispute to be arbitrated. The arbitrator will determine whether or not an issue is arbitratable and will give effect to the statutes of limitation in determining any claim. In any arbitration proceeding the arbitrator will decide (by documents only or with a hearing at the arbitrator's discretion) any pre-hearing motions which are similar to motions to dismiss for failure to state a claim or motions for summary adjudication. The arbitrator shall resolve all disputes in accordance with the substantive law of New York and may grant any remedy or relief that a court of such state could order or grant within the scope hereof and such ancillary relief as is necessary to make effective any award. The arbitrator shall also have the power to award recovery of all costs and fees, to impose sanctions and to take such other action as the arbitrator deems necessary to the same extent a judge could pursuant to the Federal Rules of Civil Procedure, the New York Civil Practice Law and Rules or other applicable law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The institution and maintenance of an action for judicial relief or pursuit of a provisional or ancillary remedy shall not constitute a waiver of the right of any party, including the plaintiff, to submit the controversy or claim to arbitration if any other party contests such action for judicial relief.

assistant: Powers
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: we will not change the change the goods advertised or offered for sale , the prices or specifications of any such goods and any promotional offers in connection with any already completed purchases and/or in process transactions on http://www.underarmour.com.tr .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of, and be binding upon, the respective successors of the Parties. For the avoidance of doubt, subject to ARTICLE 16, the continued existence of this Agreement shall not be affected in case of change of control of either Party.

assistant: Binding Effects
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: Employee acknowledges that, by reason of being employed by Employer at the relevant times, to the extent permitted by law, all Work Product consisting of copyrightable subject matter is “work made for hire” as defined in the Copyright Act of 1976 (17 U.S.C. §101) and such copyrights are therefore owned by Employer. To the extent that the foregoing does not apply, Employee hereby irrevocably assigns to Employer, and its successors and assigns, for no additional consideration, Employee’s entire right, title and interest in and to all Work Product and Intellectual Property Rights therein including, without limitation, the right to sue, counterclaim and recover for all past, present and future infringement, misappropriation or dilution thereof, and all rights corresponding thereto throughout the world. Nothing contained in this Agreement shall be construed to reduce or limit Employer’s right, title or interest in any Work Product or Intellectual Property Rights so as to be less in any respect than Employer would have had in the absence of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: defendant responded to an officer’s request to look in his bag with “[Yjou’ve got the badge, I guess you can” (alteration in original)), it has also found that assuming the pat-down position can be evidence of consent. United States v. Chambers, 646 Fed.Appx. 445, 448 (2016); see also Drayton, 536 U.S. at 199, 122 S.Ct. 2105 (silently lifting hands was considered consent to a pat-down); United States v. Wilson, 895 F.2d 168, 172 (4th Cir. 1990) (per curiam) (raising one’s arms at a request to pat down demonstrated nonverbal consent), cited in United States v. Anderson, 983 F.2d 1069, 1993 WL 2302, at *7 (6th Cir. 1993) (unpublished table decision). We have also found that consent can be given without speaking a word. See United States v. Ortiz, 455 Fed.Appx. 669, 671-72 (6th Cir. 2012) (<HOLDING>). Because “the question of voluntariness Options: A. holding that ojffer and acceptance exist when the parties mutually express assent B. holding that an accused must unambiguously invoke the right to remain silent C. holding that stepping back gesturing and opening the door wider unambiguously conveyed assent to officers request to enter D. holding that a suspect must unambiguously request counsel E. holding mutual assent in contract law is elementary and it must be expressed by the parties

assistant: The best answer is C. holding that stepping back gesturing and opening the door wider unambiguously conveyed assent to officers request to enter
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the documents referred to herein constitute the entire agreement among the parties with respect to the subject matter hereof and no party shall be liable or bound to any other party in any manner by any representations, warranties or covenants except as specifically set forth herein or therein. Any term of this Agreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and Can-Fite.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: additionally , if your contracting entity is airbnb china , you will nevertheless contract with airbnb ireland for all bookings confirmed prior to december 7 , 2016 at 10:00 am utc .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of the Notice or these Terms and Conditions to the contrary, if you die before the Fourth Vesting Date and before you have otherwise terminated your continuous employment or engagement with the Company Group, then all remaining Forfeiture Restrictions then applicable to the RSUs shall immediately lapse on, and payment in respect of vested RSUs shall be made as soon as practicable (but no later than 60 days) following the date of your death.

assistant: Death