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: have dismissed the appeal.” Id. at 95, 635 A.2d 86. We held “that the circuit court erred when it entertained the appeal from the Board because the Organizations did not have standing to appeal and Sipes could not intervene after the running of the thirty day period for taking an appeal.” Id. at 85, 685 A.2d 86. Further, we distinguished, specifically, other cases in which a party was permitted to intervene where either the current party on the side upon which the party sought to intervene had standing, see Department of State Planning v. Mayor of Hagerstown, 288 Md. 9, 12-18, 415 A.2d 296 (1980), or where the intervenor, herself, had standing and could have brought the petition or suit on his or her own. See Benning v. Allstate Ins. Co., 90 Md.App. 592, 598-99, 602 A.2d 233 (1992) (<HOLDING>). This case, however, presented even greater Options: A. holding that a wouldbe intervenor was not entitled to intervene on the basis of rule 5212a1 where she failed to show that any missouri statute conferred upon her an unconditional right to intervene B. holding that a minor who initiated an action through her next friend within the applicable oneyear limitations period seeking damages for injuries sustained in an automobile accident was permitted to amend her action to add another defendant even after that oneyear period expired because her right to maintain an action would continue for one year after she reached the age of majority C. holding that a partys status as an intervenor at trial was insufficient alone to confer standing to appeal absent the defendants participation because the intervenor failed independently to satisfy the requirements of article iii D. holding that the improper denial of motion to intervene did not require a new trial where proposed intervenor was permitted to participate in the argument on the appeal from the order granting summary judgment and its contentions were duly considered E. holding that a motion to intervene was permitted even though the intervenor filed her motion eighteen days before trial where the intervenor herself could have brought an independent action to seek the same relief as she was within the twoyear statute of limitations commencing on the date of her automobile accident

assistant: The best answer is E. holding that a motion to intervene was permitted even though the intervenor filed her motion eighteen days before trial where the intervenor herself could have brought an independent action to seek the same relief as she was within the twoyear statute of limitations commencing on the date of her automobile accident
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 the USAF letters did not qualify as requests FPRs under FAR 15.307(b). Id. at 263. The court finds that, like the USAF letters in Dubinsky, the July 8, 2011 letter failed sufficiently to convey that OPM “intend[ed] to make award without obtaining further revisions.” See FAR 15.307(b). The court does not find the request in the July 8, 2011 letter for a “formal proposal revision,” AR 342 (July 8, 2011 letter), to be evidence to the contrary. Nor does the court consider the request in the July 8, 2011 letter for responses to be submitted “no later than 3:00 PM on July 21, 2011,” id. (emphasis omitted), to be determinative of the matter. FAR 15.307(b) requires that requests for FPRs include, among other things, a “common cut-off date.” FAR 15.307(b); accord Cleveland, 43 F.3d at 658 (<HOLDING>). Given that none of the other offerors in the Options: A. holding that plaintiff need not have submitted requests for admissions by the august 15 discovery motion cutoff date or by the discovery cutoff date of september 15 because requests for admissions are distinct from other general discovery devices and are not subject to discovery cutoff dates B. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted C. recognizing that language giving notice to all offerors of a common cutoff date for receipt of offers has the intent and effect of a request for bafos internal quotation maiks omitted D. holding that beneficiary of general support trust has a legal right to compel distribution of funds internal quotation marks omitted E. holding that a request for admission is a tool of discovery subject to discovery cutoff dates

assistant: The best answer is C. recognizing that language giving notice to all offerors of a common cutoff date for receipt of offers has the intent and effect of a request for bafos internal quotation maiks omitted
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: Immediately after the consummation of the transactions to occur on the Restatement Effective Date as of such Restatement Effective Date, (a) the fair value of the assets of the Borrowers and the Subsidiaries, taken as a whole, will exceed their debts and liabilities, subordinated, contingent or otherwise, (b) the present fair saleable value of the assets of the Borrowers and the Subsidiaries, taken as a whole, will be greater than the amount that will be required to pay the probable liability on their debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured, (c) the Borrowers and the Subsidiaries, taken as a whole, will be able to pay their debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured and (d) the Borrowers and the Subsidiaries, taken as a whole, will not have unreasonably small capital with which to conduct the business in which they are engaged, as such business is conducted at the time of and is proposed to be conducted following the Restatement Effective Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: conferred upon it as necessarily incident to the exercise” of the adjudicatory power expressly granted. Id. Courts in other jurisdictions considering this issue have held that the board has the inherent or implied power to set aside settlement agreements that it has approved when the agreement is procured by either the employee’s or the employer’s fraud. See Beese v. First Nat’l Stores, 52 N.J. 196, 244 A.2d 689, 691 (1968) (noting that the Worker’s Compensation Bureau possesses the inherent power, apart from a recently enacted statute providing the Board with express power to reopen awards “for good cause shown” within one year of its judgment, to reopen judgments for fraud, mistake, inadvertence or other equitable grounds); Estelle v. Board of Educ., 14 N.J. 256, 102 A.2d 44 (1954) (<HOLDING>); Hyman v. Essex County Carpet Cleaning Co., Options: A. holding dqrrespective of the absence of express statutory authority and a one year limitation imposed upon such a reopening in certain circumstances it is abundantly clear that the division has the inherent power comparable to that possessed by the courts to reopen judgments for fraud mistake inadvertence or other equitable ground citation omitted emphasis omitted B. holding that federal courts have inherent power to investigate whether a judgment was obtained by fraud C. recognizing inherent power of courts of appeals D. holding that the workmens compensation division has that power inherent in all tribunals to reopen judgments in instances of fraud E. recognizing use of ancillary jurisdiction in subsequent proceedings for the exercise of the courts inherent power to enforce its judgments

assistant: The best answer is D. holding that the workmens compensation division has that power inherent in all tribunals to reopen judgments in instances of fraud
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: merits of its misappropriation or breach of duty of loyalty claims. The determination that JSG is likely to succeed on its breach of contract claim is sufficient to support a preliminary injunction. 5 . After considering the relevant factors, the court concludes that a bond in the amount of $25,000 is proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained. This bond is lower than might otherwise be required because the duration of the preliminary injunction is limited in several respects. If France can show, however, that the bond should be increased, she may move separately for appropriate relief. See, e.g., Gryphon Master Fund, L.P. v. Path 1 Network Techs., Inc., 2007 WL 1723703, at *8 (N.D.Tex. June 14, 2007) (Fitzwater, J.) (<HOLDING>); Olan Mills, Inc. v. Eckerd Drug of Tex., Options: A. holding that by jumping bail and failing to appear the defendant violated the plea agreement and the governments obligation to move for a downward departure based on substantial assistance ended B. holding that defendant could move separately to have bond increased C. holding that the state failed to rebut the defendants testimony that he was forced to leave his approved residence and could not reach the probation officer to inform him of his move D. holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed E. holding that it was improper when prosecutor posed questions to defense counsel that could have been read as posed only to the defendant and whose answers could only have been provided by the defendant

assistant: The best answer is B. holding that defendant could move separately to have bond increased
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 or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or application; and to this end the provisions of this Agreement are declared to be severable.

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 legal provision and list the applicable contract clause categories. Provision: In case any provision of this Guaranty shall be invalid, illegal or unenforceable in any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

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: Court Order No. 357 (June 30, 1979). 24 . The original provision discussing service by publication was promulgated as Rule 4(e)(3) in 1963. Alaska Supreme Court Order No. 49 (January 1, 1963). It was moved to its current location, Rule 4(e)(2), in 1979. Alaska Supreme Court Order No. 357 (June 30, 1979). Service by publication requires, in addition to newspaper publication, that the summons and complaint be sent to the last known address of the absent party by registered or certified mail unless a showing is made that the last known address of the absent party is unknown and cannot be ascertained after inquiry. Alaska R. Civ. P. 4(e)(2). 25 . At the time of the enactment of the long-arm statute Rule 4(h) provided for service of process by registered or certified mail with ret hio 1990) (<HOLDING>); McFadden v. Battifora, 2004 WL 103353, at *4 Options: A. holding that the ohio tolling statute could not be constitutionally applied to a person who had moved out of ohio to take a job in pennsylvania since intersiate commerce is affected when persons move between states in the course of or in search for employment B. holding that a missouri tolling statute was unconstitutional under the commerce clause in the situation where a resident defendant moved out of state C. holding that californias tolling statute could not constitutionally be applied to a nonresident entering into a sales transaction with a resident since the nonresident was engaged in interstate commerce D. holding that because dr medeiros a former california resident moved to texas to take a new job in 1998 thereby engaging in interstate commerce the tolling statute could not be applied under bendix E. holding that an ohio tolling statute violated the commerce clause because it gave nonresident corporations the choice between being subject to general jurisdiction in the state by appointing an instate agent for service of process or being subject to a tolling of the statute of limitations on claims against them

assistant: The best answer is A. holding that the ohio tolling statute could not be constitutionally applied to a person who had moved out of ohio to take a job in pennsylvania since intersiate commerce is affected when persons move between states in the course of or in search for 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: The Parent and the Borrower will, and will cause each of the other Restricted Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, except where the failure to do so, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect. The Parent and the Borrower will maintain in effect and enforce policies and procedures designed to ensure compliance by the Parent, the Borrower, their respective Subsidiaries and their directors, officers, employees and agents with applicable Anti-Corruption Laws and Sanctions. No Borrowing will be made or Letter of Credit issued, and no proceeds of any Borrowing will be used, (a) for the purpose of funding payments to any officer or employee of a Governmental Authority, Person controlled by a Governmental Authority, political party, official of a political party, candidate for political office or other Person acting in an official capacity, in each case in violation of applicable Anti-Corruption Laws , (b) for the purpose of financing the activities of, or any transaction with, any Sanctioned Person or in any Sanctioned Country, or (c) in any manner that would result in the violation of Sanctions by any party hereto.

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: Prior to any disbursement under the Loan, Borrower shall have delivered to Lender, true and exact copies of the current financial statements of the Borrower, the Bank and all other Subsidiaries, for December 31, 2015 and audit report and opinion of the Borrower’s independent accounting firm, with respect thereto (it being understood that Lender is relying upon such audit report and opinion in entering into this Loan Agreement), the unaudited financial statements of Borrower as of June 30, 2016 and the 2015 F.R. Y-6 Annual Report and F.R. Y-9 Parent Company only (and Consolidated, if applicable) financial statement(s) filed by Borrower with the Federal Reserve.

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: no uncertain terms, Congress, for whatever reason, has chosen, through the anti-retaliation provision of Title VII, to protect “employees,” i.e., “individuals] employed by an employer,” and “applicants for employment,” but not to protect former employees. Because Robinson’s complaint alleges post-employment retaliation, the district court properly dismissed his complaint under Federal Rule of Civil Procedure 12(b)(6). Accordingly, we affirm. AFFIRMED. 1 . The Supreme Court vacated this court’s judgment in Polsby and remanded the case to this court "for further consideration in light of the position asserted by the Acting Solicitor General in his brief for the United States filed March 5, 1993 Cir.1988); EEOC v. Cosmair, Inc., L'Oreal Hair Care Div., 821 F.2d 1085, 1088 (5th Cir.1987) (<HOLDING>); O'Brien v. Sky Chefs, Inc., 670 F.2d 864, 869 Options: A. holding employee under fair labor standard acts antiretaliation provision includes former employees B. holding that the adeas parallel provision prohibits retaliation against a federal employee who complains of age discrimination C. holding that former employees subjective belief that he suffered an adverse employment action as a result of discrimination without more is not enough to survive former employers summary judgment motion D. holding employees under adeas parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship E. recognizing that an injury arises out of the employment relationship if it can be traced to the nature of employment or the workplace environment

assistant: The best answer is D. holding employees under adeas parallel retaliation provision includes former employees as long as the alleged discrimination is related to or arises out of the employment relationship
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the package felt like “three kilograms of brick narcotics that were bound together very tightly with tape.” See United States v. Rouco, 765 F.2d 983, 992 (11th Cir.1985) (explaining that prejudicial testimony is less likely to mandate a mistrial when there is other significant evidence of guilt that reduces the likelihood that the otherwise improper testimony had a substantial impact on the verdict of the jury). AFFIRMED. 1 . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 1624, 16 L.Ed.2d 694 (1966). 2 . Because we conclude that no improper remark or substantial prejudice occurred, we reject Pineiro’s argument that the government’s line of questioning improperly shifted the burden to him to prove his lack of knowledge. See United States v. Simon, 964 F.2d 1082, 1086 (11th Cir.1992) (<HOLDING>). And even still, the district court properly Options: A. recognizing that a prosecutors comment may be so prejudicial as to shift the burden of proof and may require reversal if the misconduct is so pronounced and persistent that it permeates the entire atmosphere of the trial B. holding that the prosecutors comment regarding the defendants failure to call a potential witness did not shift the burden of proof because it did not implicate the defendants fifth amendment right not to testify C. holding that a prosecutor may comment on the absence of evidence so long as there is sufficient evidence to support the prosecutors version of events D. holding that prosecutors comment if there was evidence available to defense lawyers dont you think they would put it on did not require reversal because district courts instruction that burden was on the government should have sufficiently erased any doubts as to which party had the burden of proof E. holding that erroneous admission of improper and prejudicial evidence did not require reversal because the jury would have returned a verdict of guilty against the defendant even without the prejudicial testimony

assistant: The best answer is A. recognizing that a prosecutors comment may be so prejudicial as to shift the burden of proof and may require reversal if the misconduct is so pronounced and persistent that it permeates the entire atmosphere of the trial
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: Hughes v. Stottlemyre, 454 F.3d 791, 799-800 (8th Cir.2006), and Hudson, 227 F.3d at 1051); see also Hughes v. Stottlemyre, No. 04-4053, 2006 WL 3498325, at *1 (W.D.Mo. Dec. 4, 2006) (concluding on remand that McDonnell Douglas paradigm applies). Although the prima facie case requirement under McDonnell Douglas is “not onerous” and should not be “conflated with the ultimate issue of discrimination,” Rodgers v. U.S. Bank, 417 F.3d 845, 852 (8th Cir.2005), the majority treats it for purposes of summary judgment as sufficient to prove conclusively that the employer acted with retaliatory motive — regardless of the employer’s proffered legitimate non-retaliatory reasons for the promotion decisions. Ante, at 656-58; but cf. Sprenger v. Fed. Home Loan Bank, 253 F.3d 1106, 1111 (8th Cir.2001) (<HOLDING>). After finding a prima facie case, the Options: A. holding that a plaintiff may rely on the same evidence to prove both pretext and discrimination B. holding to establish a prima facie case of racial discrimination a plaintiff must show he 1 C. holding that a plaintiff had not established a prima facie case of race discrimination because she failed to show valid comparators and presented no other circumstantial evidence of discrimination D. holding that in a discrimination case plaintiff must prove that firing was a result of intentional discrimination E. holding that an employees attempt to prove actual discrimination requires more substantial evidence than a prima facie case because evidence of pretext and discrimination is viewed in light of the employers justification

assistant: The best answer is E. holding that an employees attempt to prove actual discrimination requires more substantial evidence than a prima facie case because evidence of pretext and discrimination is viewed in light of the employers justification
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 Intellectual Property Security Agreement may be executed in any number of counterparts, all of which constitute one and the same instrument, and any party hereto may execute this Intellectual Property Security Agreement by signing and delivering one or more counterparts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: enforced § 12-913 and § 12-915 of the traffic code, which King contends permitted him to park his scooter on the sidewalk. Even if King’s interpretation of these provisions were correct, violations of state or municipal law do not, standing alone, necessarily state constitutional claims under 42 U.S.C. § 1983. See McMullen v. Maple Shade Twp., 643 F.3d 96, 99-100 (3d Cir. 2011). “To state a claim under. § 1983 for deprivation of procedural due process rights, a plaintiff must allege that (1) he was deprived of an individual interest that is encompassed within the Fourteenth Amendment’s protection of ‘life, liberty, or property,’ and (2) the procedures available to him did not p 0 (6th Cir. 1988). See also Kovler v. Bureau of Admin. Adjudication, 6 A.3d 1060, 1062-64 (Pa. Commw. 2010) (<HOLDING>). Appellees’ allegedly incorrect reading or Options: A. holding that philadelphias procedures for adjudicating parking violations satisfy the due process requirements of both the united states and the pennsylvania constitutions B. holding chicagos system for adjudicating parking violations satisfied due process C. holding columbuss procedures for adjudicating parking violations did not contravene due process D. holding california postdeprivation recovery procedures satisfy due process despite lack of notice to claimant of recovery procedures E. holding that prosecution of defendant in the united states for hostage taking based on acts committed outside the united states did not violate due process

assistant: The best answer is A. holding that philadelphias procedures for adjudicating parking violations satisfy the due process requirements of both the united states and the pennsylvania constitutions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands and other communications to be given pursuant to this Agreement shall be in writing and shall be deemed to have been duly given if delivered by hand or mailed by registered or certified mail, return receipt requested, postage prepaid, to the addresses set forth at the beginning of this Agreement or such other address as a party shall have designated by notice in writing to the other party, provided that notice of any change in address must actually have been received to be effective hereunder.

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: As of the Cutoff Date, the 2018-3 Lease Agreement is not a Liquidated Lease, a Defaulted Lease or a Delinquent Lease and, except as permitted in this paragraph, to the best of the Seller’s and Servicer’s knowledge, no default, breach, violation or event permitting acceleration under its terms has occurred; and to the best of the Seller’s and Servicer’s knowledge, no continuing condition that with notice or the lapse of time would constitute a default, breach, violation or event permitting acceleration under its terms has arisen; and GM Financial has not waived, and shall not waive, any of the foregoing.

assistant: No Defaults
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 construed as a whole according to its fair meaning and not strictly for or against any party. The parties acknowledge that each of them has reviewed this Agreement and has had the opportunity to have it reviewed by their respective attorneys and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: of § 924(c) and simply remanded the cases for resentencing for the “firearm” offense. Id. at 809-10, 814. We conclude that, under these circumstances, the panel erred in holding that the defect in the § 924(c) count in the indictments was not subject to plain error review pursuant to Fed.R.Crim.P. 52(b). See id. at 806-07. We have previously held that a defendant’s claim that he has been convicted of a crime other than one charged in the indictment is subject to plain error review if asserted for the first time on appeal. See, e.g., United States v. Writers & Research, Inc., 113 F.3d 8, 12-13 (2d Cir.1997). Similarly, we have applied plain error review when an error might have resulted in an improper sentence. See United States v. Martinez-Rios, 143 F.3d 662, 675-76 (2d Cir.1998) (<HOLDING>). We see no reason for applying another rule to Options: A. holding that arithmetical error that resulted in an increase to a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights even though the resulting sentence was within the range for the correct offense level B. holding that an arithmetical error that increased a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights C. recognizing under plain error review that the burden to show that substantial rights have been prejudiced is on the party that failed to raise the issue below and for an error to have affected substantial rights the error must have affected the outcome of the district court proceedings D. holding that the sentencing courts conclusion that there was simply no way to avoid the base offense level did not indicate mandatory application of the guidelines E. holding that the defendants sentence was based on the career offender guidelines despite the fact that the district court calculated an offense level pursuant to the crack guidelines

assistant: The best answer is B. holding that an arithmetical error that increased a defendants base offense level pursuant to the sentencing guidelines affected his substantial rights
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 report, financial statement, certificate or other information furnished (whether in writing or orally) by or on behalf of the Borrower to SMBC in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that , with respect to projected financial information, the Borrower represents only that such information was prepared in good faith by the management of the Borrower on the basis of assumptions believed by such management to be reasonable as of the time made.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the execution by the Administrative Agent or the Lenders of this Fifth Amendment, nor any other act or omission by the Administrative Agent or the Lenders or their officers in connection herewith, shall be deemed a waiver by the Administrative Agent or the Lenders of any Defaults or Events of Default which may exist, which may have occurred prior to the date of the effectiveness of this Fifth Amendment or which may occur in the future under the Credit Agreement and/or the other Loan Documents. Similarly, nothing contained in this Fifth Amendment shall directly or indirectly in any way whatsoever either: (a) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Loan Documents with respect to any Default or Event of Default, (b) except as expressly provided herein, amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall have paid, on or prior to the Tranche Two Funding Date, (i) all documented out-of-pocket costs and expenses (including payment or reimbursement of all Costs, diligence costs and consulting costs (including actual, reasonable and documented fees and charges of any accountants, auditors, appraisers, consultants and other professionals)) incurred by the Agent and the Lenders as of such date and (ii) all documented and out-of-pocket costs and expenses incurred by the Agent and the Lenders in connection with the funding of the Tranche Two Loans which are required to be paid by the Borrower.

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 legal provision and list the applicable contract clause categories. Provision: Company and each of its Subsidiaries (i) has complied with and (ii) is not under investigation with respect to, and, to the Company’s knowledge, have not been threatened to be charged with or given any notice of any material violation of any applicable statutes, rules, regulations, orders and restrictions of any domestic or foreign government, or any instrumentality or agency thereof, having jurisdiction over the conduct of its business or the ownership of its properties, except where any such failure to comply or violation would not reasonably be expected to have a Material Adverse Effect on Company or any of its Subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, in Birmingham, Alabama, in accordance with the Commercial Arbitration rules of the American Arbitration Association, except that the arbitrator(s) shall be required to be familiar with the laws of the State of Delaware as they relate to this Agreement. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred in any such arbitration proceeding in addition to any and all other remedies available at law or in equity.

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 legal provision and list the applicable contract clause categories. Provision: Each Grantor assumes all responsibility and liability arising from the use of the Intellectual Property and Grantors, jointly and severally, hereby indemnify and hold the Secured Party harmless from and against any claim, suit, loss, damage or expense (including reasonable attorneys’ fees) arising out of any Grantor’s operations of its business from the use of the Intellectual Property. In any suit, proceeding or action brought by the Secured Party under any Patent License, Trademark License, or Copyright License for any sum owing thereunder, or to enforce any provisions of such License, Grantors will, jointly and severally, indemnify and keep the Secured Party harmless from and against all expense, loss or damage suffered by reason of any defense, set off, counterclaim, recoupment or reduction or liability whatsoever of the obligee thereunder, arising out of a breach of any Grantor of any obligation thereunder or arising out of any other agreement, indebtedness or liability at any time owing to or in favor of such obligee or its successors from any Grantor, and all such obligations of Grantors shall be and remain enforceable against and only against Grantors and shall not be enforceable against the Secured Party.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement will terminate on the earlier to occur of (a) the date upon which the last remaining Receivable is paid in full, settled, sold or written off and any amounts received are applied and (b) the Issuer is terminated under Section 8.1 of the Trust Agreement.

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: Purchaser is a limited liability company duly organized, validly existing and in good standing under the laws of Delaware, and has the limited liability company organizational power and authority to own, lease and operate its properties and to carry on its business as being conducted on the date hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Investor is an entity duly incorporated or formed, validly existing and in good standing under the laws of the jurisdiction of its incorporation or formation with full right, corporate, partnership, limited liability company or similar power and authority to enter into and to consummate the transactions contemplated by the Transaction Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For LTI Grants that are intended to constitute Qualified Performance-Based Compensation, the Performance Goals, as well as the manner in which the LTI Award Payout is calculated is subject to adjustment as provided in Section 5(d) of the Plan and the Notice. For LTI Grants not intended to constitute Qualified Performance-Based Compensation, the Committee may make such adjustments to one or more of the Performance Goals, as well as the manner in which the LTI Award Payout is calculated, as the Committee in its sole discretion deems appropriate. The Participant shall be notified of such adjustment and such adjustment shall be binding upon the Company and the Participant.

assistant: Adjustments
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: acquired the lots and received- tax sale certificates for each. See NDCC 57-24-19 & 57-24-23. In 1992, the county served and published notice that the expiration period would expire on October 1, 1992. The lots were not redeemed, and the auditor deeded the lots to Cass County on November 17, 1992. Later that same day, the county deeded the lots to Van Raden. On February 19,1993, Van Raden sued the former owners to quiet title on the lots. The trial court dismissed the action, concluding the county’s failure to publish the notice of the expiration of the redemption period three times was a jurisdictional defect that voided the county’s tax deeds. Van Raden appealed, and we reversed and remanded. See Van Raden Homes, Inc. v. Dakota View Estates (Van Raden I), 520 N.W.2d 866 (N.D.1994) (<HOLDING>). After trial on remand, the trial court Options: A. holding contractor not responsible for use tax where tax exempt entity purchased the materials used B. holding that the application for a tax deed upon expiration of the redemption period did not violate the automatic stay C. holding only one publication of notice of expiration of redemption period was required when county purchased lots at tax sale D. holding that substantive changes made by administrative agencies in regulations are required to comply with certain notice and comment requirements which include publication of a notice of proposed rulemaking in the federal register an opportunity for interested persons to comment on that notice and after consideration of these comments publication of the final rule with a general statement of its basis and purpose citing 5 usc 553b c E. holding that the trial court erred in denying a tax purchasers application for a tax deed where the original owner of the property did not tender the required sum until three days after the period of redemption had expired

assistant: The best answer is C. holding only one publication of notice of expiration of redemption period was required when county purchased lots at tax sale
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: appeal. We review de novo a grant of summary judgment. Rohrbaugh v. Celotex Corp., 53 F.3d 1181, 1182 (10th Cir.1995). Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R.Civ.P. 56(c). These appeals require us to determine the constitutionality of certain mail regulations at the County Jail and State Prison. To determine whether the challenged regulations are valid, we apply the standard set forth in Turner v. Safley, 482 U.S. 78, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987). Thornburgh v. Abbott, 490 U.S. 401, 413, 109 S.Ct. 1874, 104 L.Ed.2d 459 (1989) (<HOLDING>). Under Turner, “when a prison regulation Options: A. holding that an inmate has a first amendment right to file grievances against prison officials B. holding that prison conditions are those aspects of prison life affecting the entire prison population C. holding turner analysis applies to prison regulations affecting the sending of a publication to an inmate ie incoming publications D. recognizing similar analysis applies to discrimination and retaliation claims E. holding that an inmate has no right to any particular prison job but prison officials cannot discriminate against him on the basis of his race in work assignments

assistant: The best answer is C. holding turner analysis applies to prison regulations affecting the sending of a publication to an inmate ie incoming publications
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: had the error not occurred.”); Bryant v. Shinseki, 23 Vet.App. 488, 498 (2010) (per curiam) (“[T]he assessment of prejudice generally is case specific, demonstrated by the appellant and based on the record.”); see also Hensley v. West, 212 F.3d 1255, 1263 (Fed.Cir.2000) (“[A]ppellate tribunals are not appropriate fora for initial fact finding.”). Accordingly, because the Board erred by failing to provide Mrs. Reliford with the opportunity to waive substitution and prejudiced her by failing to adjudicate her accrued-benefits claim against the proper factual background, the Board decision on appeal will be set aside and remanded for adjudication of Mrs. Reliford’s claim based on the file as it existed at the time of her husband’s death. See Tucker v. West, 11 Vet.App. 369, 374 (1998) (<HOLDING>); see also Bernard v. Brown, 4 Vet.App. 384, Options: A. holding that remand is the appropriate remedy where the board has incorrectly applied the law failed to provide an adequate statement of reasons or bases for its determinations or where the record is otherwise inadequate B. holding that remand is the appropriate remedy where inter alia the board has incorrectly applied the law C. holding that the district court was authorized to remand the proceedings to the board where the board failed to make required findings D. holding that remand is appropriate where the board has incorrectly applied the law failed to provide an adequate statement of reasons or bases for its determinations or where the record is otherwise inadequate E. holding that where issues were not considered by the bia remand is appropriate

assistant: The best answer is B. holding that remand is the appropriate remedy where inter alia the board has incorrectly applied the law
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: before it may open a branch in Arkansas. Id. § 23-48-1001(a). These statutes, which contain express state certification requirements, demonstrate the General Assembly is capable of articulating a certification requirement when it desires one. Yet the SFA contains none. Arkansas courts presume the General Assembly has in mind previous statutes relating to the same subject matter when it enacts a new statute. See Cousins v. Dennis, 298 Ark. 310, 767 S.W.2d 296, 298 (1989). And when the General Assembly has demonstrated the ability to include qualifying statutory language in a statute, but chooses not to do so in a particular statute, Arkansas courts infer the omission was deliberate and evidences a different legislative intent. See Bush v. State, 338 Ark. 772, 2 S.W.3d 761, 764 (1999) (<HOLDING>); Chatelain v. Kelley, 322 Ark. 517, 910 S.W.2d Options: A. holding as a matter of law pretrial electronic monitoring and home confinement merits sentencing credit under its statute B. holding electronic home monitoring is not time spent in custody because there is a difference in restrictions between electronic home monitoring and jail C. holding the legislatures approval of granting a defendant credit against his sentence in a statute governing postsentence 17electronic monitoring by the department of correction but omission of that approval in a separate statute relating to pretrial electronic monitoring is evidence that the legislature did not intend for credit to be given for electronic monitoring while a defendant is awaiting trial D. holding that electronic home monitoring constitutes confinement under the sra E. holding time spent on electronic monitoring while on bail release does not constitute custody within meaning of sentencing credit statute

assistant: The best answer is C. holding the legislatures approval of granting a defendant credit against his sentence in a statute governing postsentence 17electronic monitoring by the department of correction but omission of that approval in a separate statute relating to pretrial electronic monitoring is evidence that the legislature did not intend for credit to be given for electronic monitoring while a defendant is awaiting trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto shall sign such further documents and do and perform and cause to be done such further acts and things as any other party hereto may reasonably request to the extent necessary to carry out the intent and accomplish the purposes of this Agreement.

assistant: Further Assurances