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

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Advances and issuances of Letters of Credit shall be available (and the Borrowers agree that they shall use such proceeds and Letters of Credit) solely for the acquisition, development and redevelopment of Assets, for repayment of Debt, for the funding of equity investments for joint ventures with Mitsubishi Corporation in Japan, for working capital and for other general corporate purposes of the Parent Guarantor, the Borrowers and their respective Subsidiaries. The Borrowers will not directly or knowingly indirectly use the Letters of Credit or the proceeds of the Advances, or lend, contribute or otherwise make available to any Subsidiary, joint venture partner or other Person such extensions of credit or proceeds, (A) to fund any activities or businesses of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or (B) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Facility, whether as underwriter, advisor, investor, or otherwise) or any Anti‑Corruption Laws.

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: confronted with the witnesses against him,” and includes the right to cross-examine those witnesses. U.S. Const. amends. VI, XIV; see Richardson v. Marsh, 481 U.S. 200, 206, 107 S.Ct. 1702, 95 L.Ed.2d 176 (1987). At the time the Appellate Division issued its opinion, Confrontation Clause jurisprudence permitted testimonial hearsay to be admitted against a defendant, provided it bore sufficient “indicia of reliability.” See Ohio v. Roberts, 448 U.S. 56, 66, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980). Furthermore, clearly established Supreme Court law guided lower courts as to when and how confessions of co-conspirators could be introduced at trial in a manner that did not offend the Confrontation Clause. See Bruton v. United States, 391 U.S. 123, 136-37, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) (<HOLDING>); see also Richardson, 481 U.S. at 203 & 211, Options: A. holding harmless the admission of a nontestifying codefendants confession in violation of the confrontation clause when there was extensive evidence of the defendants guilt including the defendants allegedly coerced confession and an eyewitness who testified that he was absolutely certain that the defendant committed the crime B. holding that the admission of a pretrial confession of a nontestifying codefendant that incriminates the defendant violates that defendants right to confront witnesses even if a limiting instruction is given C. holding that admission of a postal inspectors testimony about an oral confession by a defendants codefendant violated the defendants sixth amendment right to crossexamine his codefendant who was unavailable because the codefendant asserted his right not to testify D. holding that a defendants sixth amendment confrontation clause rights are violated when a court admits into evidence an incriminating statement given by a nontestifying codefendant E. holding that the clause was not violated by a redacted confession with a proper limiting instruction

assistant: The best answer is B. holding that the admission of a pretrial confession of a nontestifying codefendant that incriminates the defendant violates that defendants right to confront witnesses even if a limiting instruction is given
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for example , we may receive information such as the type of device you use , its operating system , your mobile carrier , your device identifier , applications you have installed , your usage of applications and their data consumption and the activities you have undertaken in relation to the services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and shall inure to the benefit of and be enforceable by the Executive’s personal and legal representatives, executors, administrators, successors, heirs, distributees, devises and legatees. This Agreement shall be binding upon and inure to the benefit of and be enforceable by the successors and assigns of the Company. The Company agrees that in connection with any Change-in-Control, it will cause any Successor unconditionally to assume by written instrument delivered to the Executive (or the Executive’s beneficiary), all of the obligations of the Company hereunder.

assistant: Successors
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: State v. Leach, 296 Md. 591, 463 A.2d 872 (1983), were the two Court of Appeals cases relied upon in Taylor. In Garrison, the defendant’s husband had possession of 173 glassine bags of heroin and was in the process of discarding the heroin in the toilet. The heroin was not in the plain view of the defendant, who was found in bed, in a bedroom not adjacent to the toilet where the drug was discarded. Garrison, 272 Md. at 126, 321 A.2d 767. In Leach, the defendant, with his brother, had “joint dominion and control ... over the entire apartment 2d 495 (1972) (evidence insufficient to support conviction when defendant was merely present in an apartment in which a woman’s purse and a cigarette case containing heroin were found); Puckett v. State, 13 Md.App. 584, 587-88, 284 A.2d 252 (1971) (<HOLDING>); Haley v. State, 7 Md.App. 18, 33-34, 253 A.2d Options: A. holding that a thumbprint on an easily movable cup found beside a tent that was located six to fifteen feet away from marijuana plants was insufficient to prove that the defendant was manufacturing marijuana as there was no evidence suggesting when or where the defendant touched the cup B. holding evidence of marijuana plants on premises defendant owned with his wife insufficient where marijuana plants were grown in an uncultivated area and there was a total absence of evidence of the defendants involvement C. holding that guilty plea to indictment charging distribution of 1000 marijuana plants did not establish amount of marijuana involved for sentencing purposes where defendant had specifically reserved the issue on entering his plea D. holding evidence of presence of marijuana plants on property puckett jointly owned with his wife was not sufficient to create rational inference that puckett was in possession of the marijuana E. holding evidence insufficient for conviction of possession of marijuana amphetamines and barbiturates when those drugs were not found on the person of or in the same room as the defendant but were only found on other people on the premises

assistant: The best answer is B. holding evidence of marijuana plants on premises defendant owned with his wife insufficient where marijuana plants were grown in an uncultivated area and there was a total absence of evidence of the defendants involvement
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 closing of the purchase and sale of the Shares (the “ Closing ”) shall take place at the offices of the Company, on the day designated by the Company (the “ Closing Date ”), or at such place as the Parties may agree after satisfaction of the conditions precedent set forth herein.

assistant: Closings
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 currently conducting and has, for the previous three years, conducted its business in material compliance with all Laws and Orders applicable to Purchaser, its properties and assets. Purchaser has not received any warning letters, notices of adverse findings, or similar documents in writing that assert a lack of substantial compliance with any applicable Laws, Orders, or regulatory requirements and there is no pending or, to the knowledge of Purchaser, threatened regulatory action, investigation or inquiry of any sort against Purchaser.

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 case excerpt and choose the best holding from the options. Case excerpt: names of participants, specific examples of double billings, estimations as to the number of times the alleged fraud was perpetrated, examples of non-compliance with Medicare regulations, etc. While it is true that the Complaint discusses mostly common practices rather than specific dates and times of the submission of false claims, the court does not find that this is dispositive of the issue in this particular context. Plaintiffs argue that the documentation which demonstrates the exact dates of all submissions of the alleged false claims to the Government is in possession of Defendants. The court does not expect two former employees, whose employment was terminated almost two years ago, to remember each date. The Ninth Circuit agrees. See United States ex rel. Lee, 245 F.3d at 1051 (<HOLDING>). Plaintiffs have, however, provided Defendants Options: A. holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant B. holding plaintiffs fraud claim failed rule 9b particularity requirement which in turn meant deceptive trade practices claim failed the particularity requirement C. holding that relators failure to meet the particularity requirements of rule 9b did not bar his claim where the relator was a former employee of the defendants and lacked access to records and documents in the possession of the defendants that contained information necessary to plead with particularity D. holding that under merck a fact is not deemed discovered until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint ie until he can plead that fact with sufficient detail and particularity to survive a 12b6 motion to dismiss E. holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case

assistant: The best answer is A. holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant
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: second suit must be identical with the prior action in four respects: 1) the parties must be the same or in privity; 2) the subject matter must be identical; 3) the capacity or character of persons for or against whom the claim is made must be the same; and 4) the same cause of action must be involved in both suits. Id. Petitioner does not dispute that the above elements are met, but instead argues that an exception to res judicata is applicable in the present case. We agree. {16} Res judicata does not apply where “issues or matters are not determined or are reserved for future adjudication or litigation.” State ex rel. Bliss v. Casarez, 52 N.M. 406, 408, 200 P.2d 369, 370 (1948) (internal quotation marks and citation omitted); see Apodaca, 2003-NMCA-085, ¶ 85, 134 N.M. 77, 73 P.3d 215 (<HOLDING>). According to Petitioner, the “1999 Order was Options: A. recognizing that res judicata does not apply unless the facts and evidence necessary to maintain suit are the same in both actions B. holding that the doctrine of res judicata applies to deportation proceedings C. holding that the doctrine of res judicata is applicable to defenses that could have been raised in a prior action D. holding second action barred by res judicata because plaintiff asserted identical claims and jurisdictional grounds as the first action E. recognizing the express reservation of the plaintiffs right to maintain a second action as an exception to the doctrine of res judicata

assistant: The best answer is E. recognizing the express reservation of the plaintiffs right to maintain a second action as an exception to the doctrine of res judicata
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: None of the provisions of this Section 16 shall be construed to limit any Party’s right to seek specific performance ( Polish: złożenie oznaczonego oświadczenia woli ) of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of premium paid by you. If you have correctly stated your age on the application for insurance, coverage will remain in effect and benefits will be paid for any valid claim. This language is similar to that in the Loan Two form and once again contains contradictory language which suggests coverage once a policy has been issued and then also suggests that premiums could be returned at any time. Therefore, the court finds that there is a material factual dispute over whether the Credit Life coverage in Loan Three would be effective. The Defendants counter this conclusion by citing Georgia decisions which es-top an insurer who accepts insurance premiums from later denying claims upon that policy. American Home Mutual Life Ins. Co. v. Harvey, 99 Ga.App. 582, 109 S.E.2d 822, 324 (1959) (<HOLDING>). However, other decisions have denied an Options: A. holding 65 year age condition was legally waived when insurer accepted premiums B. holding that warrantless search as probation condition was a valid limitation to the defendants fourth amendment rights when defendant asserted the condition was not reasonably related to rehabilitation C. holding that court of appeals was without jurisdiction to modify judgment against insurer because judgment against insurer became final when it failed to appeal D. holding that recovery from the tortfeasors insurer is a condition precedent to a claim for uim benefits E. holding defendant waived complaint

assistant: The best answer is A. holding 65 year age condition was legally waived when insurer accepted premiums
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: A waiver by Company of a breach of any provision of this Agreement by the Executive shall not operate or be construed as a waiver or estoppel of any subsequent breach by the Executive. No waiver shall be valid unless in writing and signed by an authorized officer of Company. A waiver by the Executive of a breach of any provision of this Agreement by Company shall not operate or be construed as a waiver or estoppel of any subsequent breach by Company. No waiver shall be valid unless in writing and signed by the Executive.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to indemnify the Consultant and hold it harmless against any losses, claims, damages or liabilities incurred by the Consultant, in connection with, or relating in any manner, directly or indirectly, to the Consultant rendering the Services in accordance with the Agreement, unless it is determined by a court of competent jurisdiction that such losses, claims, damages or liabilities arose out of the Consultant’s breach of this Agreement, sole negligence, gross negligence, willful misconduct, dishonesty, fraud or violation of any applicable law. Additionally, the Company agrees to reimburse the Consultant immediately for any and all expenses, including, without limitation, attorney fees, incurred by the Consultant in connection with investigating, preparing to defend or defending, or otherwise being involved in, any lawsuits, claims or other proceedings arising out of or in connection with or relating in any manner, directly or indirectly, to the rendering of any Services by the Consultant in accordance with the Agreement (as defendant, nonparty, or in any other capacity other than as a plaintiff, including, without limitation, as a party in an interpleader action). The Company further agrees that the indemnification and reimbursement commitments set forth in this paragraph shall extend to any controlling person, strategic alliance, partner, member, shareholder, director, officer, employee, agent or subcontractor of the Consultant and their heirs, legal representatives, successors and assigns. The provisions set forth in this Section shall survive any termination of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: conspiracy he was involved. Thus, Davis argues that the district'court erred by applying the cross-referencing provisions in U.S.S.G. § 2B3.1(c). He also asserts that his sentence is substantively unreasonable because the district court imposed a sentence that was greater than nece (11th Cir.2006) (same). Accordingly, we affirm Williams’s sentence of 23 years’ imprisonment. Y. CONCLUSION We affirm the judgments of conviction for defendants Johnson, Davis, and Williams. We conclude that Davis’s and Williams’s sentences are procedurally and substantively reasonable, and we affirm these sentences as well. AFFIRMED. 1 . Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). 2 . North Carolina v. Alford, 400 U.S. 25, 37-38, 91 S.Ct. 160, 167-68, 27 L.Ed.2d 162 (1970) (<HOLDING>). 3 . See Allen v. United States, 164 U.S. 492, Options: A. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense B. holding that the trial court did not err by allowing the prosecution to question prospective jurors regarding their ability to announce a death sentence in an appropriate case C. holding that the trial court did not err by allowing defendant to knowingly and voluntarily enter a plea to a lesser offense to avoid a possible death sentence even though the evidence of guilt as to the murder charge was strong D. holding that trial court did not err in refusing to give charge because plaintiff failed to demonstrate that his requested charge was tailored to the evidence E. holding that trial court did not err

assistant: The best answer is C. holding that the trial court did not err by allowing defendant to knowingly and voluntarily enter a plea to a lesser offense to avoid a possible death sentence even though the evidence of guilt as to the murder charge was strong
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: who signed the government’s appellate brief as an officer of the court is the same AUSA and member of the Southeastern Drug Task Force who signed the original indictment, Rl-7-4, the superceding indictment, id. 58-4, the plea agreement, id. 82(D)-4, the preliminary Rule 35(b) motion, id. 131(A)-3, and the Rule 35(b) motion pertaining to Orozco’s assistance at the trial of Armando Rodriguez, filed on December 17, 1996, id. 152-3. In short, this AUSA has handled Orozco’s case from investigation through this appeal and obviously knew what information Orozco provided and when he provided it. By signing the government’s brief, the AUSA certified that the statements therein were supported by his knowledge and information. See United States v. Stevens, 510 F.2d 1101, 1106 n. 5 (5th Cir. 1975) (<HOLDING>). Thus, there is nqlhing whatsoever in the Options: A. holding that rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question B. recognizing a presumption that a plea of guilty is final and binding if the plea was made during a properly conducted hearing pursuant to rule 11 of the federal rules of criminal procedure C. holding that california rule modeled almost word for word on rule 11 of the federal rules of civil procedure does not allow a pro se attorney litigant to recover sanctions in the form of an award of attorneys fees D. holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure E. recognizing that aside from sworn affidavits a government attorney who signs a document filed with a court is acting as an officer of the court and is bound by the requirements of rule 11 federal rules of civil procedure

assistant: The best answer is E. recognizing that aside from sworn affidavits a government attorney who signs a document filed with a court is acting as an officer of the court and is bound by the requirements of rule 11 federal rules of civil procedure
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: Act, 15 U.S.C. § 1011 et seq. in interpreting ERISA's saving clause. Pilot Life, 481 U.S. at 48, 107 S.Ct. at 1553. 13 . See S.C. Police Officers Retirement System v. Spartanburg, 301 S.C, 188, 391 S.E.2d 239 (1990) (requiring municipal employer to contribute to retirement program to enable employee to upgrade his benefits despite the fact that employee had failed to file a written request and pay a special contribution prior to retirement in strict compliance with the governing statute); Wright v. Southern Ry, 74 S.C. 27, 54 S.E. 211 (1906) (finding substantial compliance with provisions relating to service of notice upon the magistrate). Substantial compliance has also been applied in the insurance context. Home v. Gulf Life Ins. Co., 277 S.C. 336, 287 S.E.2d 144 (1982) (<HOLDING>). 14 . In Wilkie, the court analyzed a Options: A. holding that a contractor who had substantially complied with the building specifications substantially performed B. holding that an insured has substantially complied with the change of beneficiary provisions of a life insurance policy when he has done all that he could to comply with the provisions C. holding that insured substantially complied with the manner of changing the beneficiary as required by the policy D. holding that insured had not substantially complied with the policys change of beneficiary provisions when the hospitalized insured was physically unable to leave her bed and was unable to retrieve the policy from her lock box at the bank to return to the company for endorsement as required by the terms of the policy E. holding that the named insured was using an automobile when changing its tire

assistant: The best answer is C. holding that insured substantially complied with the manner of changing the beneficiary as required by the policy
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 representations and warranties of the parties contained in this Agreement shall survive for twelve (12) months following the Closing, except that (a) the representations and warranties of the Company contained in Sections 2.1(a), 2.1(b), 2.1(c)(1) and 2.1(e) will survive for three (3) years following the Closing, and (b) the representations and warranties of the Purchaser contained in Sections 2.2(a), 2.2(b)(1) or 2.2(c) will survive until the expiration of the applicable statute of limitations. All of the covenants or other agreements of the parties contained in this Agreement shall survive until fully performed or fulfilled, unless and to the extent that non-compliance with such covenants or agreements is waived in writing by the party entitled to such performance.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will (a) keep, and cause each of its Subsidiaries to keep, proper records and books of account in which full, true and correct entries will be made in accordance with GAAP and (b) maintain adequate accounts and reserves for all taxes, depreciation, depletion, obsolescence and amortization of its properties and the properties of its Subsidiaries, contingencies, and other reserves in accordance with GAAP.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Ohio without giving effect to the conflict of law principles thereof. Except as provided in Section 8, any actions or proceedings instituted under this Agreement with respect to any matters arising under or related to this Agreement shall be brought and tried only in the Court of Common Please, Franklin County, Ohio.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 706(2)(A). The term “interested party” is defined consistently with the definition of the same term in the Competition in Contracting Act of 1984, 31 U.S.C. § 3551(2)(A). Am. Fed’n of Gov’t Employees AFL-CIO v. United States, 258 F.3d 1294, 1302 (Fed.Cir.2001). Standing to bring a protest as an interested party under the Administrative Dispute Resolution Act is “limited to actual or prospective bidders or offerors whose direct economic interest would be affected by the award of the contract.” Banknote Corp. of Am. v. United States, 365 F.3d 1345, 1352 (Fed.Cir.2004) (quoting Am. Fed’n of Gov’t Employees, 258 F.3d at 1302). We address the issue of prejudice before considering the merits of a bid protest. Info. Tech. Applications Corp. v. United States, 316 F.3d 1312, 1319 (Fed.Cir.2003) (<HOLDING>). A losing bidder seeking to interfere with a Options: A. holding that prejudice from a question that violated doyle was cured by immediately sustaining objection before the question was answered B. holding that a question of prejudice goes directly to the question of standing therefore the prejudice issue must be reached before addressing the merits C. holding that the question whether a cause of action exists is not a question of jurisdiction and therefore may be assumed without being decided D. holding that an assertion of prejudice is not a showing of prejudice E. holding that generally the question of waiver and estoppel is a question of fact

assistant: The best answer is B. holding that a question of prejudice goes directly to the question of standing therefore the prejudice issue must be reached before addressing the merits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and its opinion and commentary. The Commonwealth also notes that there is no life history of bizarre behavior on the part of [Appellant]. Likewise there is no apparent nexus between the violent stabbing death of Drayton Spahr and [Appellant’s] deficient performance on a categories and card sorting test administered thirteen years after an event. Neither a ten year old broken jaw or a twenty three year old high fever provided trial counsel with any real notice or opportunity to seek mitigation of his crime. Brief for Appellee, at 5-6. Under the Post Conviction Relief Act, constitutionally ineffective assistance of counsel will support a claim for post-conviction relief. See 42 Pa.C.S. § 9543(a)(2)(h); see also Commonwealth v. Chester, 557 Pa. 358, 374-76, 733 A.2d 1242,1250-51 (1999) (<HOLDING>). As noted, Appellant’s only extant claim is of Options: A. holding that mental health evidence could be mitigating at the penalty phase even though it is insufficient to establish a legal defense to conviction in the guilty phase B. holding that the post conviction relief act extends to challenges arising from the penalty phase of trial including ineffectiveness claims C. holding that trial court had discretion to admit relevant photographs in penalty phase D. holding that where much of evidence davis alleged should have been presented was in fact presented during penalty phase davis had not shown that counsels ineffectiveness deprived him of reliable penalty phase E. holding that for habeas relief to be granted based on constitutional error in capital penalty phase error must have had substantial and injurious effect on the jurys verdict in the penalty phase

assistant: The best answer is B. holding that the post conviction relief act extends to challenges arising from the penalty phase of trial including ineffectiveness 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 shall utilize the proceeds of the Loans made hereunder solely for (i) the purchase of Transferred Receivables pursuant to the Receivables Transfer Agreement, (ii) performing its other obligations under the Receivables Transfer Agreement, (iii) paying fees and expenses related to the Receivables Transfer Agreement and the other Loan Documents and (iv) making distributions to the Originators by means of dividends, distributions and intercompany loans to the Originators, in each case only as not prohibited by and in accordance with the terms of this Agreement and the other Loan Documents.

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 legal provision and list the applicable contract clause categories. Provision: Tenant may, upon notice to Landlord, permit any entity which controls, is controlled by, or is under common control with Tenant, or any entity that merges or consolidates with Tenant, to take an assignment of this Lease or to sublet all or part of the Premises.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither a failure nor a delay on the part of either the Trustee or the holders in exercising any right, power or privilege under this Article XII shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise of any right, power or privilege. The rights, remedies and benefits of the Trustee and the holders herein expressly specified are cumulative and not exclusive of any other rights, remedies or benefits which either may have under this Article XII at law, in equity, by statute or otherwise.

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: so as to give full meaning and effect to all of its provisions”(alterations, internal quotation marks and citation omitted) (emphasis added)). A party who has agreed to a particular term in a valid contract cannot later renege on that term or unilaterally declare it to no longer apply simply because the contract could have been formed without it. Contracting parties are bound to perform on the terms that they did agree to, not what they might have agreed to under different circumstances. Reyes counters that because the TCPA is a remedial statute enacted to protect consumers from unwanted telephone calls, any ambiguities in its text must be construed to further that purpose. See Atchison, Topeka & Santa Fe Ry. Co. v. Buell, 480 U.S. 557, 562, 107 S.Ct. 1410, 94 L.Ed.2d 563 (1987) (<HOLDING>); E.E.O.C. v. Staten Island Sav. Bank, 207 F.3d Options: A. holding that federal courts should apply state substantive law B. holding that when interpreting broad remedial statutes courts should apply a standard of liberal construction in order to accomplish congresss objects citation omitted C. holding on to objects in the room D. holding that statutes are to be interpreted in accordance with the legislative intent and in a manner that will not render the statutes application absurd unreasonable or unjust internal quotation marks and citation omitted E. holding federal courts should apply the aedpas deferential standard of review even when the petitioners claims have been summarily denied by the state courts

assistant: The best answer is B. holding that when interpreting broad remedial statutes courts should apply a standard of liberal construction in order to accomplish congresss objects citation 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 case excerpt and choose the best holding from the options. Case excerpt: presumption as he would before the Office of Unemployment Compensation. Raphael v. Okyiri, 740 A.2d 935, 945-46 (D.C.1999); see Jadallah v. District of Columbia Dept. of Emp’t Servs., 476 A.2d 671, 675 (D.C.1984) (“Not every act for which an employee may be dismissed from work will provide a basis for disqualification from unemployment compensation benefits because of misconduct.”). Moreover, in terms of incentives, while an employer faces merely a potential increase in its contribution to the unemployment compensation fund before the Office of Unemployment Compensation, see Morris, supra, 975 A.2d at 182 n. 5, an employer faces a potential reinstatement and back pay order before the OEA should the employee prevail. District of Columbia v. Thompson, 593 A.2d 621, 635 & n. 25 (D.C.1991) (<HOLDING>). These differences weigh heavily against Options: A. recognizing that the court has construed broadly the grant of jurisdiction in section 201 B. recognizing a distinction between the power of a federal court to hear statelaw claims and the discretionary exercise of that power C. recognizing that the court has the power to grant leave upon certain conditions D. recognizing the oeas power to grant relief very broadly including the power to order reinstatement and back pay E. holding that unless that power is restricted by the principal an agent under a california statutory healthcare power of attorney has the power to execute applicable admission forms including arbitration agreements

assistant: The best answer is D. recognizing the oeas power to grant relief very broadly including the power to order reinstatement and back pay
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: should suffice.” Campos v. LeFevre, 825 F.2d 671, 676 (2d Cir.1987). But even that low bar is not met here. Our precedent follows the general rule that an untimely notice of appeal may not be construed as a motion for an extension of time. Pettibone v. Cupp, 666 F.2d 333, 335 (9th Cir.1981); see also Campbell v. White, 721 F.2d 644, 646 & n. 3 (8th Cir.1983) (gathering extra-circuit cases for the same proposition). We see no logical reason to treat motions for a COA as an exception to this well-established rule, and no circuit case to date has done so. But even if we were to consider such a possibility, Washington’s motion for a COA here did not indicate that it was intended to serve as a motion for an extension of time. See Bordallo v. Reyes, 763 F.2d 1098, 1101-02 (9th Cir.1985) (<HOLDING>). The motion for a COA does not mention Options: A. holding that a court must construe whether a motion however styled is appropriate for the relief requested B. recognizing appellant must raise issue on appeal that more relief than requested in motion was improperly granted in summaryjudgment order C. holding same with respect to motion styled simply second motion for summary judgment without containing amended in title D. holding that 109g2 does not apply when the creditor seeking relief in the first case received the requested relief E. holding that if appellant preserves legal sufficiency complaint in motion for new trial new trial is all the relief appellate court can give because that is all the relief appellant requested in trial court

assistant: The best answer is A. holding that a court must construe whether a motion however styled is appropriate for the relief requested
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: indicate the number or frequency of Susie’s absences. 6 . An issue of material fact is genuine if it has a real basis in the record. Hartnagel v. Norman, 953 F.2d 394 (8th Cir.1992) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986)). "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Hartnagel, 953 F.2d at 394. 7 . The record does not establish whether Apple Tree, as an employer engaged in an industry affecting commerce, has 25 or more employees, which would qualify it as a covered employer under the ADA. See a.1991) (<HOLDING>), aff'd, 956 F.2d 1163 (4th Cir.1992); Santiago Options: A. holding that an antitrust injury is a necessary element of a 2 claim B. holding that debtors additional retirement fund was not reasonably necessary C. holding that article iii standing is necessary for intervention D. holding that prejudice or injury is a necessary element of standing E. holding that reasonably regular and predictable attendance is necessary for many jobs

assistant: The best answer is E. holding that reasonably regular and predictable attendance is necessary for many jobs
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: in the event of any failure of the service to conform to any applicable warranty , then you may notify apple and apple will refund any applicable purchase price for the app to you ; and , to the maximum extent permitted by applicable law , apple has no other warranty obligation whatsoever with respect to the service .

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: LBIO may assign or transfer this Agreement without the prior written consent of but with written notice to MD Anderson promptly following consummation of the relevant transaction. MD Anderson hereby acknowledges and agrees that the rights and obligations hereunder are of a personal nature and, therefore, neither this Agreement nor any right or obligation contained within shall be assignable, transferable or delegable in whole or in part by MD Anderson and MD Anderson shall not, without the prior written consent of LBIO, sub-contract or otherwise engage any consultant or other third party to perform any of MD Anderson’s activities or obligations under this Agreement or any Study Order. All of the terms and provisions of this Agreement shall be binding upon, and inure to the benefit of and be enforceable by, the respective successors and permitted assigns of the Parties. Nothing in this Agreement, express or implied, is intended to confer on any person or entity, other than the Parties or their respective successors and permitted assigns, any benefits, rights or remedies.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: claim is properly before the Arbitrator pursuant to both the CBA and the Settlement Agreement, we decline to serve as super-arbitrators; therefore, we do not render a decision on the merits. Additionally, we do not view the Commission’s appeal frivolous. Instead, for the reasons discussed above, we discern merit in the appeal. Accordingly, we decline the Union’s invitation to impose attorney fees. The Commission also claims the Award is contrary to the public policies embedded in PERA, the Fair Share Law and the UAA. Given our disposition of the essence test issue, we need not address the Commission’s arguments asserting this limited public policy exception. Westmoreland Intermed. Unit # 7 v. Classroom Assistants Educ. Support Personnel Ass’n, 595 Pa. 648, 939 A.2d 855 (2007) (<HOLDING>). In sum, the Arbitrator’s decision is contrary Options: A. recognizing the public interest exception B. recognizing public policy exception to atwill doctrine C. holding an exception to confrontation clause must further important public policy D. holding that the court of appeals correctly stated the public policy exception but erroneously concluded that the exception did not apply E. holding to qualify for the sole exception to the essence test public policy must be welldefined dominant and easily referenced in legal precedent

assistant: The best answer is E. holding to qualify for the sole exception to the essence test public policy must be welldefined dominant and easily referenced in legal precedent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to the Purchaser by the Company or any of the Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Purchaser, or without the prior consent of the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Purchaser, or include the name of the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of the Purchaser, except: (a) as required by federal securities law in connection with any registration statement and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchaser with prior notice of such disclosure permitted under this clause (b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Assignee and Assignor each hereby represents to Landlord that it has dealt with no broker in connection with this Agreement. Assignee agrees to indemnify and hold Landlord, its members, principals, beneficiaries, partners, officers, directors, employees, investors, managers, mortgagee(s) and agents, and the respective principals and members of any such agents harmless from all claims of any brokers claiming to have represented Assignee and/or Assignor, as the case may be, in connection with this Agreement.

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

user: Confidential Information means any information disclosed by one party (the ‘Discloser’) to the other (the ‘Recipient’) relating directly or indirectly to Name of Technology/Project, file # which is identified by the Discloser, either orally or in writing, as confidential, either at the time of disclosure or, if disclosed orally, confirmed in writing within thirty (30) days following the original disclosure.

assistant: No