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: on the proper valuation date of property when the debtor attempts to strip off a wholly unsecured lien. Dean, 319 B.R. at 477. This Court is more persuaded by the cases that use the petition date as the appropriate date to value both the collateral and, necessarily, the first lienholder’s claim, for the purpose of determining whether any value over the first claim exists in the collateral to support the second lien. The Court’s independent review of relevant caselaw reveals that the majority of courts considering this issue have also settled on the petition date as the proper date for valuation in this and other contexts. See, e.g., Marsh v. U.S. Dep’t of Housing and Urban Dev. (In re Marsh), 929 F.Supp.2d 852, 855 (N.D.Ill.2013); In re Gilpin, 479 B.R. 905, 908 (Bankr.M.D.Fla.2011) (<HOLDING>); In re Levitt & Sons, LLC, 384 B.R. 630, 644 Options: A. holding the correct date to use when determining the controlling statute is date upon which the claim arose B. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act C. holding the petition date is the appropriate date to value the collateral when the debtors intend to remain in the home D. holding that the date of sale for an installment contract was the date of contract formation not the date of the last payment due E. holding petition date is proper date to value assets for a hypothetical liquidation under 11 usc 547b

assistant: The best answer is C. holding the petition date is the appropriate date to value the collateral when the debtors intend to remain in the home
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: Section 10(b) context”); Falkowski v. Imation Corp., 309 F.3d 1123, 1129 (9th Cir. 2002), abrogated on other grounds 'by Proctor v. Vishay Intertech. Inc., 584 F.3d 1208 (9th Cir. 2009) (“Just as the Supreme Court observed that Section 10(b) should be construed not technically and restrictively, but flexibly to effectuate its remedial purposes, SLUSA should also be viewed as part of the remedial package of federal securities laws and should be construed accordingly.”) (internal quotation marks and citation omitted). C. Plaintiffs’ Claims 1. Misrepresentation or om 10th Cir. 2003) (affirming SEC decision that violation of best execution duty violated federal securities laws); Newton v. Merrill, Lynch, Pierce, Fenner & Smith, Inc., 135 F.3d 266, 269-72, 274-75 (3d Cir. 1998) (en banc) (<HOLDING>). The Securities and Exchange Commission has Options: A. holding breach of best execution duty is a material misrepresentation in connection with the purchase or sale of the securities B. holding proximate cause required for claim of breach of special duty C. recognizing a 10b claim for breach of duty of best execution D. holding that a 10b claim premised on an omission cannot lie absent a duty to speak E. recognizing a duty of best execution under federal securities law

assistant: The best answer is C. recognizing a 10b claim for breach of duty of best execution
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: refused to allow the cross-examination. It is conceivable that he found that Michigan’s statute requiring advance notice of such evidence was violated. See Mich. Comp. Laws § 750.520j(2) (requiring 10 days notice of intent to offer evidence of other sexual conduct of victim in criminal sexual conduct case). However, the Supreme Court has held that Michigan’s notice-and-hearing requirement is not unconstitutional per se, and it “serves legitimate state interests in protecting against surprise, harassment, and undue delay. Failure to comply with this requirement may in some cases justify even the severe sanction of preclusion.” Michigan v. Lucas, 500 U.S. 145, 153, 111 S.Ct. 1743, 114 L.Ed.2d 205 (1991); see also Taylor v. Illinois, 484 U.S. 400, 108 S.Ct. 646, 98 L.Ed.2d 798 (1988) (<HOLDING>). The statute may be unconstitutional as Options: A. holding that the sixth amendment does not prohibit the preclusion of otherwise admissible evidence as a sanction for the violation of a reciprocaldiscovery rule B. holding the sixth amendment applicable to the states through the fourteenth amendment C. recognizing that courts have discretion to exclude evidence as a sanction for violation of a discovery order D. holding that rule 606b does not violate the sixth amendment E. holding that the court lacks jurisdiction over sixth amendment claims because the sixth amendment is not moneymandating

assistant: The best answer is A. holding that the sixth amendment does not prohibit the preclusion of otherwise admissible evidence as a sanction for the violation of a reciprocaldiscovery rule
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN RESOLVING ANY DISPUTE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE BETWEEN THE PARTIES HERETO ARISING OUT OF, CONNECTED WITH, RELATED TO, OR INCIDENTAL TO THE RELATIONSHIP BETWEEN ANY OF THEM IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. INSTEAD, ANY SUCH DISPUTE RESOLVED IN COURT WILL BE RESOLVED IN A BENCH TRIAL WITHOUT A JURY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth or incorporated by reference in the Company’s SEC Reports, none of the officers, directors, employees or Affiliates of the Company is presently a party to any transaction that would be required to be reported on Form 10-K with the Company or any of its subsidiaries (other than for ordinary course services as employees, officers or directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, or otherwise requiring payments to or from any such officer, director or employee or, to the Company’s knowledge, any corporation, partnership, trust or other entity in which any such officer, director, employee or Affiliate has a substantial interest or is an officer, director, trustee or partner.

assistant: Transactions With Affiliates
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: Without prejudice to the rights and remedies otherwise available to the parties, the Company shall be entitled to equitable relief by way of injunction if Purchaser or any other h older of the Shares breaches or threatens to breach any of the provisions of this Section 5.1 .

assistant: Remedies
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 respective agreements, representations, warranties, indemnities and other statements of the Company or its officers and of each Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by the Agents or the Company or any of the officers, directors, employees, agents or controlling persons referred to in Section 7 hereof, and will survive delivery of and payment for the 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 legal provision and list the applicable contract clause categories. Provision: Comply in all respects with the requirements of all Laws and all orders, writs, injunctions, decrees and judgments applicable to it or to its business or property (including, without limitation, Environmental Laws, ERISA, all terms and conditions of all Broadcast Licenses and applicable Communications Laws, applicable Sanctions, anti-corruption laws, Anti-Money Laundering Laws, including the Act), except if the failure to comply therewith could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

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: During the Term of Employment, the Executive shall report directly to the to the President and Chief Executive Officer and (i) shall serve as an executive officer of the Company with the title Senior Vice President, Sales and General Manager, API , (ii) shall perform such duties and responsibilities as may be reasonably determined by the President and Chief Executive Officer and the Board of Directors of the Company consistent with the Executive’s title and position, duties and responsibilities as an executive officer of the Company as of the Effective Date; provided that such duties and responsibilities shall be within the general area of the Executive’s experience and skills, (iii) upon the request of the Board of Directors of the Company, shall serve as an officer and/or director of the Company and any of its subsidiaries or affiliates ( provided that the Company shall indemnify the Executive for liabilities incurred as such in accordance with its current practices to the fullest extent permitted by applicable law); and (iv) shall render all services incident to the foregoing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In their summary judgment motion, Defendants argued Plaintiff failed to show a vegan diet is central or indispensable to the practice of Buddhism. (Defendants’ .Brief in Support at 4-6.) The Magistrate Judge concluded “[wjhile a reasonable juror could perhaps conclude that such is the case, the evidence of record more than supports the conclusion that Plaintiffs religious beliefs are sincerely (and intensely) held.” (R & R at 894.) Defendants object, arguing whether a belief is sincerely held is a distinct issue from whether the belief is central to the practice of a religious faith. Defendants reassert that Plaintiff has not established that his request for a vegan diet is central to the practice of his religious faith. See Sequoyah v. TVA, 620 F.2d 1159, 1164 (6th Cir.1980) (<HOLDING>) (citing Wisconsin v. Yoder, 406 U.S. 205, Options: A. holding that defendant failed to raise a constitutional issue at trial and thus failed to preserve the issue for appellate review B. holding that plaintiff failed to establish a prima facie case in a religious discrimination suit because among other reasons employer hired someone else with identical religious practices C. holding the plaintiffs failed to establish the centrality or indispensability to their religious observances of the location at issue D. holding that the plaintiffs location on the supply barge at the time of the accident did not alter his status E. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise

assistant: The best answer is C. holding the plaintiffs failed to establish the centrality or indispensability to their religious observances of the location at issue
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: 21.1 if you reside in the united states , these terms will be interpreted in accordance with the laws of the state of california and the united states of america , without regard to conflict-of-law provisions .

assistant: Choice of 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: the risk is applicable where “ ‘the plaintiff... subjectively know[s] of the existence of the risk and appreeiate[s] its unreasonable character.’ ” Jarrett v. Woodward Bros., 751 A.2d 972, 986 (D.C.2000) (internal citations omitted). By assuming the risk, the plaintiff relieves the defendant of any duty owed to the plaintiff. Id. Plaintiff asserts that the affirmative defenses of contributory negligence and assumption of the risk are not available to defendants because defendants committed intentional torts. See State Farm Mut. Auto. Ins. Co. v. Hill, 139 Md.App. 308, 775 A.2d 476, 481-82 (2001) (explaining that the de fenses of assumption of the risk and contributory negligence are not applicable for intentional torts); Janelsins v. Button, 102 Md. App. 30, 648 A.2d 1039, 1044 (1994) (<HOLDING>). Defendants, however, are not alleged to have Options: A. recognizing that the assumption of the risk operates merely as a corollary of the absence of a duty B. holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two C. holding that assumption of the risk is not an available defense for civil battery D. holding that battery is an inherently included offense of aggravated battery E. recognizing primary assumption of risk as a viable doctrine

assistant: The best answer is C. holding that assumption of the risk is not an available defense for civil battery
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 payments to be made by the Company shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. All payments by the Company hereunder shall be made to the Administrative Agent, for the account of the respective Lenders to which such payment is owed, at the applicable Administrative Agent’s Office in Dollars and in Same Day Funds not later than 2:00 p.m. on the date specified herein. The Administrative Agent will promptly distribute to each Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Lender’s Lending Office. All payments received by the Administrative Agent after 2:00 p.m. shall, at the option of the Administrative Agent, be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Company shall come due on a day other than a Business Day, payment shall be made on the next following Business Day, and such extension of time shall be reflected in computing interest or fees, as the case may be.

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: Haynor v. General Motors Corp., No. 81539, Dec. 17, 1985. In light of the defendant’s acknowledgment through its representatives LaLonde and Crabill that a “compensable injury” is defined by the workers’ compensation laws (“ ‘compensable injury’ is not defined anywhere in the agreement, but rather, it is defined by the administrative agencies of the state,” LaLonde’s Dep., A.R. 251-52; “[t]he answer to this question [of whether Mr. Haynor’s status was correctly reflected in his employment record”] lies with the Workers Compensation Activity and Labor Relations,” Letter to Russell C. Babcock from Preston M. Crabill, Jan. 25, 2007, Ex. 4 to PL’s Cross Mot. for Summary Jmt. [dkt. # 18]), it is virtually incomprehensible why the defendant would rely on an an 547, 553 (6th Cir.2008) (<HOLDING>). As noted earlier, the Pension Committee and Options: A. holding that under erisa a plan administrators decision to deny an employee longterm disability benefits is arbitrary and capricious if the administrator ignores favorable evidence and selectively reviews the evidence it does consider B. holding that the plan administrators failure to address the social security administrations finding of the claimants disability rendered the decision arbitrary and capricious C. holding that a social security disability determination is a legal proceeding D. holding that a failure of an erisa plan administrator to address the social security administrations determination that claimant is totally disabled is yet another factor that can render the denial of further longterm disability benefits arbitrary and capricious E. holding that an erisa plan administrator is not bound by an ssa disability determination when reviewing a claim for benefits

assistant: The best answer is D. holding that a failure of an erisa plan administrator to address the social security administrations determination that claimant is totally disabled is yet another factor that can render the denial of further longterm disability benefits arbitrary and capricious
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 8. If either party becomes legally obligated, or receives a subpoena or other legal demand, to disclose any of the other party's Conﬁdential Information, the party subject to the obligation shall notify the other party in writing immediately, shall cooperate with the other party in seeking a prospective order or other appropriate remedy, and shall use its reasonable best eﬀorts to protect the conﬁdential and proprietary status of any disclosed Conﬁdential 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: 538 (quoting United States v. Kratt, 579 F.3d 558, 562 (6th Cir.2009)). In other words, when Congress caps a defendant’s maximum sentence for the underlying offense at something radically less than the maximum sentence for money laundering, we may infer that Congress did not intend the “important limitation” on the penalty for the underlying offense to be “eviscerated” by the penalty for a money laundering conviction. Santos, 553 U.S. at 527, 128 S.Ct. 2020. By contrast, where a defendant’s underlying mail and wire-fraud convictions carried a statutory maximum sentence of thirty years, Congress’s choice of penalty would not be “eviscerated” by the ten-year statutory maximum sentence for money laundering. See Bush, 626 F.3d at 538; see also Phillips, 704 F.3d at 766 n. 11 (9th Cir.2012) (<HOLDING>). Third, we generally consider the money used Options: A. holding that santoss concern regarding the evisceration of congresss choice of a low statutory maximum penalty for an underlying offense did not apply where the underlying offenses carried maximum sentences of twenty years and the money laundering offense carried a lower maximum sentence of ten years B. holding statutory maximum for prior conviction is the potential maximum sentence defined by the applicable state criminal statute not the maximum sentence which could have been imposed against the particular defendant according to the states sentencing guidelines C. holding that sentences of five years in prison followed by ten years probation were illegal sentences that exceeded the statutory maximum of five years for a thirddegree felony D. holding that statutory maximum is twenty years when drug quantity is not charged as element of offense and found by jury beyond a reasonable doubt E. holding that for purposes of apprendi the statutory maximum is the maximum sentence that may be imposed based solely on the jurys findings

assistant: The best answer is A. holding that santoss concern regarding the evisceration of congresss choice of a low statutory maximum penalty for an underlying offense did not apply where the underlying offenses carried maximum sentences of twenty years and the money laundering offense carried a lower maximum sentence of ten years
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 consent, approval, license or authorization of any Person, or recording, registration or filing with any Person is required by any Requirement of Law or any agreement in connection with any Loan Party’s execution, delivery and performance of this Agreement or any other Loan Documents, other than (a) the filings and other actions required to be taken by the terms of the Loan Documents to perfect the Liens created by the Loan Documents, and (b) the filings to be made by Parent with the SEC to applicable securities laws.

assistant: Consents
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: would have to examine all of the changed circumstances and guess at the agency’s action. The Legi-Tech decision cannot be construed so as to condone this type of intru sive and certainly imprecise guesswork. In the case at bar, as in Legi-Tech, the Commission took corrective steps to cure the statutory defect. Legi-Tech, 75 F.3d at 708; A.L. Pharma, Inc. v. Shalala, 62 F.3d 1484, 1489 (D.C.Cir.1995) (distinguishing cases in which the agency refused to take corrective action). The FEC, on December 5, 2005, rendered a new decision and affirmed its prior decision to authorize the General Counsel to pursue litigation. This action properly ratified the prior decision for two reasons. First, the FEC’s action constituted a subsequent review of the evidence. See Doolin, 139 F.3d at 213 n. 11 (<HOLDING>). Second, because the FEC’s December 5, 2005 Options: A. holding that a court is not empowered to substitute its judgement for that of the agency B. recognizing that we may not substitute our judgment for that of the alj C. holding that repeated appropriations of the proceeds of certain fees constituted a ratification of agency policy D. holding that court is not empowered to substitute its judgment for that of the agency E. recognizing a subsequent agency action as a valid ratification and indicating that the court will not substitute our judgment for that of the agency

assistant: The best answer is E. recognizing a subsequent agency action as a valid ratification and indicating that the court will not substitute our judgment for that of the agency
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: threat and because Ms. Stiger ordered her to attend a “Respect in the Workplace” training session, Pl.’s Objs., ECF No. 99 at re sufficient to surmount summary judgment, Ms. Toomer’s own deposition testimony contradicts her assertions elsewhere that she withdrew her complaint concerning her co-worker’s harassment because Ms. Stiger threatened her. See Dec. 2, 2013 Toomer Dep., ECF No. 68-1 at 80:1-82:4 (Ms. Toomer explaining that “what made [her] withdraw the complaint” was a conversation with another supervisor regarding her co-worker’s youth and immaturity and the need for Ms. Toomer to give that co-worker a second chance). Such contradictory testimony belies the conclusion' that there is a triable issue of fact here. See Pina v. Children’s Place, 740 F.3d 785, 799 (1st Cir. 2014) (<HOLDING>); Washington, Marlboro & Annapolis Motor Lines Options: A. holding that summary judgment was appropriate where plaintiffs admissions in her deposition undermined her claims B. holding that a plaintiffs selfserving deposition testimony was not enough for her fdcpa claim to survive summary judgment but that a consumer survey may have been sufficient C. holding that the plaintiffs evidence of pretext which included but was not limited to her supervisors statement that she had enough of the plaintiff going to her supervisor about her was not sufficient to preclude summary judgment D. holding that in connection with crossmotions for summary judgment the substance of the plaintiffs motion and her silence in response to the defendants characterization of her claims as being based on violations of specified statutory provisions established abandonment of claims based on other statutory provisions set forth in her complaint E. holding that admission of one defendants deposition was proper where she was present at the deposition even though she was represented at the time by the same counsel as her codefendants

assistant: The best answer is A. holding that summary judgment was appropriate where plaintiffs admissions in her deposition undermined her claims
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 and each Subsidiary has duly complied, and its Properties and business operations are in compliance, in all material respects with all Applicable Law, except where noncompliance could not reasonably be expected to have a Material Adverse Effect. There have been no citations, notices or orders of material noncompliance issued to the Borrower or any Subsidiary under any Applicable Law which could reasonably be expected to have a Material Adverse Effect. No Inventory has been produced in violation of the FLSA.

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: The Company has, or has rights to use, all patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, inventions, copyrights, licenses and other intellectual property rights and similar rights as described in the SEC Reports as necessary or required for use in connection with its business and which the failure to so have could have a Material Adverse Effect (collectively, the “ Intellectual Property Rights ”). None of, and the Company has not received a notice (written or otherwise) that any of, the Intellectual Property Rights has expired, terminated or been abandoned, or is expected to expire or terminate or be abandoned. The Company has not received, since the date of the latest audited financial statements included within the SEC Reports, a written notice of a claim or otherwise has any knowledge that the Intellectual Property Rights violate or infringe upon the rights of any Person, except as could not have or reasonably be expected to not have a Material Adverse Effect. To the knowledge of the Company, all such Intellectual Property Rights are enforceable and there is no existing infringement by another Person of any of the Intellectual Property Rights. The Company has taken reasonable security measures to protect the secrecy, confidentiality and value of all of its intellectual property, except where failure to do so could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. All Intellectual Property Rights of the Company are set forth in the SEC Reports.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Use the proceeds of (a) an Incremental Term Facility solely to refinance all obligations owing under the Senior Notes and the Senior Note Documents, and (b) all other Credit Extensions for working capital, capital expenditures and other lawful general corporate purposes not in contravention of any Law or of any Loan Document.

assistant: Use Of Proceeds
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: use” — -not fair use — of the work. Nothing in Universal’s methodology considered the purpose and character of the use, the commercial or noncommercial nature of the use, or whether the use would have a significant impact on the market for the copyrighted work. See § 107. There is therefore no disputed issue of fact: Universal did not consider fair use before issuing a takedown notice. Moreover, Universal knew it had not considered fair use, because § 107 explicitly supplies the factors that “shall” be considered in determining whether a use is fair. Id. I see no reason in law or logic to excuse copyright holders from the general principle that knowledge of the law is presumed. See United States v. Int’l Minerals & Chem. Corp., 402 U.S. 558, 562-63, 91 S.Ct. 1697, 29 L.Ed.2d 178 (1971) (<HOLDING>). As explained above, that is sufficient in my Options: A. holding as a general proposition that ignorance of the law is not a defense to a statutes violation the term knowingly in the election code refers only to a persons knowledge of the act of making or accepting a contribution and not to whether the contribution violated the election code B. recognizing the rule and the exception but holding facts did not support claim to exception C. holding that determining legislative intent is a question of law D. holding that the use of the word knowingly did not evince a legislative intent to earve out an exception to the general rule that ignorance of the law is no excuse E. holding the word individuals is not the equivalent of the dictionary acts use of the word persons

assistant: The best answer is D. holding that the use of the word knowingly did not evince a legislative intent to earve out an exception to the general rule that ignorance of the law is no excuse
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 all the exhibits referenced herein and annexed hereto contain the entire agreement of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any of the matters connected with this Transaction shall be effective for any purpose. Neither this Agreement nor any provision hereof may be waived, modified, amended, discharged or terminated except by an instrument signed by the party against whom the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the consumer’s privacy interests, for it will ‘involve’ the plaintiff directly.”). Here, Pintos did not voluntarily seek credit. Rather, the debt arose by statute when the lien sale price of her vehicle failed to cover the towing and impound charges. See Cal Civ.Code § 3068.2. Pintos never sought to have her vehicle towed, and she incurred the resulting debt involuntarily. Consequently, no one granted her “credit” as define that PCA had a permissible purpose to obtain Pintos’s credit report because it, too, was engaged in debt collection. This reading of Hasbun was not unreasonable at the time. Hasbun was decided prior to the 2003 FACTA amendments, however, and it must be reevaluated in light of the 12956 amended FCRA. See United States v. McNeil, 362 F.3d 570, 574 (9th Cir.2004) (<HOLDING>). By defining “credit” for purposes of the Options: A. holding that when congress amends statutes our decisions that rely on the older versions of the statutes must be reevaluated in light of the amended statute B. holding that the statutes abrogated the common law C. holding such statutes are not analogous statutes of limitation for erisa purposes D. holding that the statutes could be harmonized E. holding that specific statutes create exceptions to general statutes therefore if a provision of a specific statute is inconsistent with one in a general statute on the same subject the specific statute controls

assistant: The best answer is A. holding that when congress amends statutes our decisions that rely on the older versions of the statutes must be reevaluated in light of the amended statute
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of New York applicable to contracts executed in and to be performed entirely within such state, without giving effect to the conflict of law principles thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to the Company, to: Bioptix, Inc., 1775 38 th Street, Boulder, CO 80301, Attn: Chief Financial Officer, facsimile: (303) 545-5551 , with a copy by fax only to (which shall not constitute notice): Company Counsel, and (ii) if to the Purchasers, to: the addresses and fax numbers indicated on the signature pages hereto, with an additional copy by fax only to (which shall not constitute notice): Grushko & Mittman, P.C., 515 Rockaway Avenue, Valley Stream, New York 11581, Attn: Edward M. Grushko, Esq., facsimile: (212) 697-3575.

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: This letter, together with any exhibits attached hereto, constitutes the entire understanding and agreement of the parties hereto regarding your service as Executive Chairman with the Company and supersedes all prior negotiations, discussions, correspondence, communications, understandings and agreements between the parties relating to the services as Executive Chairman of the Company, including the Prior Agreement, which shall terminate and be of no further force or effect as of the date on which you sign this letter of agreement, except that Sections 4(b), 4(e), 6(f), 6(g), 7, 8, 10, 11, and paragraphs (a) through (j) and (l) through (v) of Section 12 of the Prior Agreement shall survive such termination and continue in full force and effect in accordance with their terms.

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: This Agreement constitutes the entire agreement between the parties and supersedes the Prior Employment Agreement and the Change in Control Agreement and all other prior agreements and understandings between the parties with respect to the subject matter hereof; provided , that this Agreement shall not affect or reduce any benefit to which Executive shall be otherwise entitled under the Company’s 2010 Stock Incentive Plan, as amended, or any other plan, agreement or policy of or with the Company. No modification of or amendment to this Agreement, nor any waiver of any rights under this agreement, will be effective unless in writing signed by the party to be charged. Any subsequent change or changes in my duties, salary or compensation will to affect the validity or scope of this Agreement.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: all issues are for the arbitrator to decide , except that issues relating to arbitrability , the scope or enforceability of this agreement to arbitrate , or the interpretation of section 1 of this agreement to arbitrate ( `` prohibition of class and representative actions and non-individualized relief '' ) , shall be for a court of competent jurisdiction to decide .

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: Principal and accrued interest thereon shall be immediately due and payable upon demand of the Lender. Interest shall accrue on the outstanding principal amount at a rate equal to 10% per annum. Interest shall be calculated on the basis of the actual number of days elapsed and a year of 365/366 days, as applicable. Any accrued but unpaid interest shall be added to the principal balance on the last day of each year that the principal is outstanding and unpaid.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: met where kayakers fell overboard and a rescue mission was attempted, because the “efficacy of search-and-rescue operations has a direct effect on the health and lives of seamen”). The second prong, which we have interpreted broadly, likewise is easily met. In Gruver, 489 F.3d at 984-86, for instance, a seaman was assaulted by a former maritime employer while the seaman slept in his ship, docked at a pier. The origin of the dispute lay in allegedly unpaid wages by the former employer. Id. We held that the lens through which to examine the relevant activity was the underlying wage dispute; because that dispute concerned maritime wages, the second prong was met. Id.; see also Mission Bay Jet Sports, LLC v. Colombo (In re Mission Bay Jet Sports, LLC), 570 F.3d 1124, 1129 (9th Cir.2009) (<HOLDING>). The activity here, whether characterized as a Options: A. holding that the locality requirement for admiralty jurisdiction was met only to the extent that the claims arose from exposures that occurred on navigable waters B. holding that a jetski injury met the second prong because the activity in question operating a vessel in navigable waters has a maritime connection C. holding that federal maritime law and not state law applies to all actions for wrongful death in navigable state waters D. holding that wetlands adjacent to navigable waters are included in the term territorial waters E. holding that platform workers death caused by an explosion on a platform bore no significant relation to maritime law even though the death occurred while the worker was located on a vessel in navigable waters

assistant: The best answer is B. holding that a jetski injury met the second prong because the activity in question operating a vessel in navigable waters has a maritime connection
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: Except for any notice required to be given under this Employment Agreement, no failure by either the Company or Executive at any time to give notice of any breach by the other of, or to require compliance with, any condition or provision of this Employment Agreement shall be deemed a waiver of any provisions or conditions of this Employment Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: our Engle decision. In addition, regardless of what transpired before trial, the United States presented evidence during trial tending to establish that Treacy used KG.’s social security number in 2010 and 2011, well within the limitations period. As the district court stated while summarizing the trial evidence, “Treacy’s argument that he only used KG.’s identifying information during the pre-interview process at the direction of the claims representative is inaccurate.” J.A, 951. Therefore, to the extent that factual matters beyond the allegations of the Indictment bear on the issue, those facts refute Treacy’s assertion that the prosecution is untimely, and this provides another basis to affirm his convictions. See generally United States v. Han, 74 F.3d 537, 539 (4th Cir. 1996) (<HOLDING>). Ill Based on the foregoing, we affirm Options: A. holding that we will not review under any standard the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits B. holding we will not review a pretrial denial of a motion for summary judgment after a full trial and judgment on the merits C. holding that we will not review the pretrial denial of a motion for summary judgment after a full trial and judgment on the merits D. recognizing that we can consider trial evidence in reviewing the denial of a pretrial suppression motion E. holding that reviewing court may consider trial evidence in reviewing denial of motion to suppress

assistant: The best answer is D. recognizing that we can consider trial evidence in reviewing the denial of a pretrial suppression motion
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: Whenever possible, each provision of this Amendment shall be interpreted in such a manner as to be effective and valid under all applicable laws and regulations. If, however, any provision of this Amendment shall be prohibited by or invalid under any such law or regulation in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such law or regulation, or, if for any reason it is not deemed so modified, it shall be ineffective and invalid only to the extent of such prohibition or invalidity without affecting the remaining provisions of this Amendment, or the validity or effectiveness of such provision in any other jurisdiction.

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: All information contained in this Agreement, the other Loan Documents or otherwise furnished to or made available to the Agent or the Lenders by or on behalf of the Borrower, any Subsidiary or any Guarantor, as supplemented to date, taken as a whole, is and, when delivered, will be true and correct in all material respects and, as supplemented to date, does not, and when delivered will not (to Borrower’s knowledge), contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements contained therein not misleading. The written information, reports and other papers and data with respect to the Borrower, any Subsidiary, any Guarantor or the Unencumbered Pool Properties (other than projections and estimates) furnished to the Agent or the Lenders in connection with this Agreement or the obtaining of the Commitments of the Lenders hereunder was, at the time so furnished, taken as a whole, complete and correct in all material respects, or has been subsequently supplemented by other written information, reports or other papers or data, to the extent necessary to give in all material respects a true and accurate knowledge of the subject matter in all material respects; provided that such representation shall not apply to (a) the accuracy of any appraisal, title commitment, survey, or engineering and environmental reports prepared by third parties or legal conclusions or analysis provided by the Borrower’s or the Guarantors’ counsel (although the Borrower and the Guarantors have no reason to believe that the Agent and the Lenders may not rely on the accuracy thereof) or (b) budgets, projections and other forward-looking speculative information prepared in good faith by the Borrower (except to the extent the related assumptions were when made manifestly unreasonable).

assistant: Disclosures