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: class members nationwide would predominate over common ones, given the lack of a national market or a nationwide conspiracy. Appellants contend that they should not have been required to prove national market or nationwide conspiracy at the class certification stage because these are not required elements of their antitrust claims. Recovery under § 4 of the Clayton Act, however, requires proof of antitrust impact, which in turn requires proof of the relevant market. Ala. v. Blue Bird Body Co., Inc., 573 F.2d 309, 328 (5th Cir.1978) (“we do not understand how the plaintiffs can make this proof [of anti-trust impact] without examining the relevant school bus market where each individual plaintiff is located”); see Heerwagen v. Clear Channel Comms., 435 F.3d 219, 229 (2d Cir.2006) (<HOLDING>); Republic Tobacco Co. v. N. Atl. Trading Co., Options: A. holding that market participant socal edison is in privity with the california power exchange corporation not with other market participants B. holding that proof of relevant market is essential under 2 C. recognizing implied duty to market D. holding that a plaintiff claiming monopolization is obligated to establish the relevant market because the power to control prices or exclude competition only makes sense with reference to a particular market E. holding that to pose a threat to monopolization one firm alone must have the power to control market output and exclude competition

assistant: The best answer is D. holding that a plaintiff claiming monopolization is obligated to establish the relevant market because the power to control prices or exclude competition only makes sense with reference to a particular market
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Confidentiality Agreement, constitutes the complete understanding between Executive and the Company and supersedes any and all prior agreements (to the extent the terms thereof are inconsistent with this Agreement), promises, representations, or inducements, no matter its or their form, concerning its subject matter. No promises or agreements made subsequent to the execution of this Agreement by Executive and the Company shall be binding unless reduced to writing and signed by authorized representatives of Executive and the Company.

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: brought with respect to prison conditions under ... Federal law, by a prisoner confined in any ... correctional facility until such administrative remedies as are available are exhausted.”). The Prison Litigation Reform Act requires dismissal of civil actions regarding prison conditions if brought prior to the exhaustion of administrative remedies. Oladukun v. Winn, No. 04-40198-RWZ, 2005 WL 1972560, at *1, 2005 U.S. Dist. LEXIS 17046, at *4 (D.Mass. Aug. 16, 2005) (Zobel, J.) (unpublished opinion). The Reform Act, however, does not apply to habeas proceedings. Kane, 319 F.Supp.2d at 213 n. 84. Even if the habe-as claim is the type of federal prisoner claim that requires exhaustion of administrative remedies, cf. Oladukun, 2005 WL 1972560, at *1-2, 2005 U.S. Dist. LEXIS 17046, at *4-5 (<HOLDING>), because that exhaustion is not statutorily Options: A. holding that a claimants claim is barred when administrative remedies that are clearly required under an erisa plan are not exhausted B. holding that administrative remedies must be exhausted prior to filing a claim in court C. holding that if adequate administrative remedies are available it is improper to seek relief in court before those remedies are exhausted D. holding that judicial review of any jail time credit determination by the bureau occurs after administrative remedies are exhausted E. holding that we lack jurisdiction to consider claims raised in a petition for review unless the petitioner has exhausted his administrative remedies

assistant: The best answer is D. holding that judicial review of any jail time credit determination by the bureau occurs after administrative remedies are exhausted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflicting provision or rule (whether of the State of California or any other jurisdiction) that would cause the laws of any jurisdiction other than the State of California to be applied. In furtherance of the foregoing, the internal law of the State of California will control the interpretation and construction of this agreement, even if under such jurisdiction’s choice of law or conflict of law analysis, the substantive law of some other jurisdiction would ordinarily apply.

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: engage in any conduct subsequent to speaking with Cohen that could be construed as a waiver of the privilege: once Cohen advised him to invoke the Fifth Amendment, Fornes apparently stopped telling others about the murder. The fact that Fornes has died does not alter the privileged nature of the conversation, as the privilege survives his death. Nonetheless, under the authority of Chambers v. Mississippi, I conclude that Fornes’s statements to Cohen are admissible. As the Supreme Court held in Chambers, even if the evidence would otherwise be inadmissible under the state’s rules of evidence, a defendant in a criminal case may nonetheless be entitled to introduce the evidence if its exclusion would render his trial fundamentally unfair. See Chambers, 410 U.S. at 302-03, 93 S.Ct. 1038 (<HOLDING>); see also Priest v. Hennessy, 51 N.Y.2d 62, Options: A. holding declarations against penal interest admissible where certain conditions are met B. holding that victims statements were hearsay admissible under the state of mind exception to the hearsay rule and constitutionally permissible under ohio v roberts citations omitted C. holding that only selfinculpatory aspects of hearsay statement but not other parts of statement are admissible under exception for statements against penal interest D. holding that exclusion of hearsay statements violated due process even though statements were not admissible under mississippi law which did not recognize declarations against penal interest as a exception to the rule against hearsay E. holding that the confrontation clause of the sixth amendment is not violated by the admission of hearsay statements under the coconspirator exception to the hearsay rule where the defendant was able to confront and crossexamine the witness who claimed that the statements at issue were made

assistant: The best answer is D. holding that exclusion of hearsay statements violated due process even though statements were not admissible under mississippi law which did not recognize declarations against penal interest as a exception to the rule against hearsay
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: II. D.W. contends that the court should have suppressed his statements to Officer Farris because they were made without the officer having advised D.W. of his Miranda rights. He also argues that his statements during the interview with Detective Bookard should also have been suppressed because the purported waiver -of his Miranda rights was not voluntary, an argument D.W. raises for the first time on appeal, and because police engaged in the type of two-step interrogation prohibited under the Supreme Court’s ruling in Missouri v. Seibert, 542 U.S. 600, 124 S.Ct. 2601, 159 L.Ed.2d 643 (2004). The rights established under Miranda are triggered only when an individual is in custody and under interrogation. Miranda v. Arizona, 384 U.S. 436, 445, 478, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966) (<HOLDING>). In determining whether an individual is in Options: A. holding that where a defendant expressly manifested his belief in the truth of the statements contained in the motion to dismiss thereby adopting those statements as his own such statements are admissible against the defendant in the states case in chief B. recognizing that safeguards are required in the case of incommunicado interrogation of individuals in a policedominated atmosphere resulting in selfincriminating statements without full warnings of constitutional rights C. holding of suspect incommunicado contributes to suppression of confession D. holding that statements given after miranda warnings are admissible even when the arrest that preceded the statements was constitutionally deficient E. holding that voluntary statements to police initiated by witness are not interrogation and therefore are nontestimonial

assistant: The best answer is B. recognizing that safeguards are required in the case of incommunicado interrogation of individuals in a policedominated atmosphere resulting in selfincriminating statements without full warnings of constitutional rights
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Nader, 417 F.Supp. at 847). Furthermore, registering is a ‘“minimal demonstration by the voter that he has some commitment to the party in whose primary he wishes to participate.’ ” Id. (quoting Nader, 417 F.Supp. at 847). The Ziskis court recognized that “[i]f the independent voter ‘chooses not to associate, by not enrolling in a party, his right to vote in the general election is unaffected.’ ” Id. (quoting Nader, 417 F.Supp. at 847) (brackets omitted). In the end, the Ziskis court concluded, as did the Nader court, that “given the state’s interest in protecting the associational rights of party members and in preserving the integrity of the electoral process, the state may legitimately allow political parties to close their primaries to nonmembers.” Id.; Nader, 417 F.Supp. at 845 (<HOLDING>) (internal quotation marks omitted); see also Options: A. holding that the substitution of a party acts as a modification discharging the replaced party and substituting the new party with the same rights and liabilities B. recognizing the right of the state in protecting party members associational rights by legislating to protect the party from intrusion by those with adverse political principles C. holding that when a contract is signed by one party but not the other the manifestation of consent by the nonsigning party is sufficient to bind that party D. holding that the party prevailing on the significant issues in the litigation is the party that should be considered the prevailing party for attorneys fees E. holding that the court should look to the actions of the relevant party and determine whether that party fails to insist on its contractual rights or acts inconsistently with such rights

assistant: The best answer is B. recognizing the right of the state in protecting party members associational rights by legislating to protect the party from intrusion by those with adverse political principles
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: disease within the meaning of the policies; (2) whether the Paragraph 6 limitation of liability provision correctly denies coverage for claims from employees who did not cease work because of their occupational disease; and (3) whether N & Ws negligence causing noise-induced hearing loss is a single “occurrence” out of which the employees’ claims arose within the meaning of the policies. II. We first turn to the issue of whether noise-induced hearing loss is an “occupational disease,” as the insurance companies contend. The district court declared that noise-induced hearing loss is an “occupational disease”. We agree with the district court. We decided that very point in a Jones Act case under FELA law in Barger v. Mayor & City Council of Baltimore, 616 F.2d 730, 732 n. 1 (4th Cir.) (<HOLDING>), cert. denied, 449 U.S. 834, 101 S.Ct. 105, 66 Options: A. holding that the employees thirdparty tort claim stemming from the employees occupational disease does not accrue and the statute of limitations does not begin to run until the occupational disease begins to manifest itself B. recognizing hearing loss from onthejob noise as an occupational disease C. holding that loss of an arm includes loss of the hand D. recognizing loss of consortium claims E. holding without remanding for an evidentiary hearing that an infectious disease doctor does not specialize in the same or similar specialty as an ophthalmologist

assistant: The best answer is B. recognizing hearing loss from onthejob noise as an occupational disease
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: at open union adherents, including coercive interrogations, unlawful threats, and unlawful discharges and other retaliatory discipline. In context, the Respondent's comments are a “rather pointed hint” that it would, on learning their identity, similarly retaliate against employees who signed cards. 277 N.L.R.B. No. 43 at 2, J.A. at 75. As we have seen, the “unlawful threats” comprised at least one explicitly linked to signature of a union card. We think the Board’s conclusion was reasonable. In Hobart itself, in a portion of the Sixth Circuit opinion that Southwire chose not to quote, the court indicated that surrounding circumstances could transform otherwise “sound advice” into an implicit threat. Hobart Bros., 372 F.2d at 204; see also J.P. Stevens & Co., 638 F.2d at 680-81 (<HOLDING>); NLRB v. Finesilver Mfg. Co., 400 F.2d 644, Options: A. recognizing the significance of control in strict products liability B. recognizing that no private right of action exists for subsection a violations C. recognizing the importance of the employers knowledge of the disability D. recognizing significance of employers history of 8 violations E. recognizing unmistakable symbolic significance of demonstrating in proximity to the seat of government

assistant: The best answer is D. recognizing significance of employers history of 8 violations
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 among the Parties with respect to its subject matter and supersedes all other prior agreements and understandings, both written and oral, among the Parties with respect to that subject matter.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: preemption of state law. As noted above, however, Empire counsels a “cautious” interpretation of the FEHBA preemption clause and both cases established a distinction between the insured’s coverage and benefits and the insurer’s right to subrogation. In addition to the presumption against preemption, this Court’s analysis of whether FEHBA preempts Missouri’s law of subrogation must assess GHP’s right to subrogation with these considerations in mind. The FEHBA preemption clause provides that contract terms that “relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits)” preempt state law. The operative terms are “relate to,” “coverage” and “benefits.” See Kobold v. Aetna Life Ins., Co., 233 Ariz. 100, 309 P.3d 924, 927 (App.2013)(<HOLDING>). The term “relate to” generally means “having Options: A. holding that subrogation clauses in automobile policies do not constitute illegal assignments of personal injury claims B. holding that fehba does not completely preempt state law C. holding that fehba does not preempt arizona law barring subrogation of personal injury claims D. holding that congress did not intend to preempt state common law actions for personal injury based on the negligence of the airline or its employees E. holding that erisa does not preempt professional malpractice claims

assistant: The best answer is C. holding that fehba does not preempt arizona law barring subrogation of personal injury 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the tripadvisor media group companies disclaim all warranties , conditions , or other terms of any kind that this website , its servers or any email sent from the tripadvisor media group companies , are free of viruses or other harmful components .

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: Except as otherwise provided in this Agreement, each Party shall be solely responsible for all expenses, including due diligence expenses, incurred by it in connection with this transaction, and neither Party shall be entitled to any reimbursement for such expenses from the other Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The issuance of certificates for shares of the Common Stock on conversion of this Note, transfer agent fees, opinions of counsel and costs of enforcement of this Note shall be paid by Company or made without charge to the Holder hereof, such as for any documentary stamp or similar taxes that may be payable in respect of the issue or delivery of such certificates, provided that, the Company shall not be required to pay any tax that may be payable in respect of any transfer involved in the issuance and delivery of any such certificate upon conversion in a name other than that of the Holder of this Note so converted and the Company shall not be required to issue or deliver such certificates unless or until the Person or Persons requesting the issuance thereof shall have paid to the Company the amount of such tax or shall have established to the satisfaction of the Company that such tax has been paid.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original and all of which, when taken together, constitute one and the same document. The signature of any party to any counterpart (including copies or PDF’s of signatures transmitted by facsimile or e-mail) shall be deemed a signature to, and may be appended to, any other counterpart.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All amounts owed under this Agreement shall be stated, calculated and paid in United States Dollars. Except as otherwise specified in this Agreement, Intel shall pay the invoicing entity for the amounts due, owing, and duly invoiced under this Agreement within [***] ( [***] ) days following delivery of an invoice therefor to such place as the invoicing entity may reasonably direct therein.

assistant: Payments
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: see also MacNamara v. Korean Air Lines, 863 F.2d 1135, 1145 (3rd Cir.1988) (“[T]he provision was necessary for the limited purpose of securing to foreign investors the freedom to place their own citizens in key management positions.”) (interpreting similar provision in United States-Korean Treaty), cert. denied, 493 U.S. 944, 110 S.Ct. 349, 107 L.Ed.2d 337 (1989). Thus, Article VIII to a limited extent permits Japanese companies to discriminate in favor of their fellow citizens because of their citizenship. III. Standing to Assert Rights of Parent As a domestic corporation, UAC has no rights under Article VIII(l), because Article VIII(l) applies only to “companies of [Japan].” Sumitomo Shoji Am., Inc. v. Avagliano, 457 U.S. 176, 189, 102 S.Ct. 2374, 2381, 72 L.Ed.2d 765 (1982) (<HOLDING>). Sumi-tomo limited its ruling to the Options: A. recognizing separate corporate identity of parent despite evidence that parent was alterego of its subsidiary and was being sued for acts of its subsidiary B. holding that american subsidiary of a japanese parent had no treaty defense because the subsidiary was not a company of japan C. holding that a parent company was not liable for aiding and abetting a breach of fiduciary duty by its subsidiary because the parent company was not a stranger to the business relationship between its subsidiary and the plaintiff giving rise to and underpinning the contract D. holding that parent is liable for acts of subsidiary under agency theory only if parent dominates subsidiary parent of whollyowned subsidiary that had seats on board took part in financing and approved major policy decisions was not liable because parent did not have daytoday control E. holding that a close relationship between a parent corporation and a subsidiary may justify finding that the parent engages in business in the jurisdiction through the local activities of its subsidiary

assistant: The best answer is B. holding that american subsidiary of a japanese parent had no treaty defense because the subsidiary was not a company of japan
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 Subject Party agrees that from and after the Closing Date until the second (2 nd ) anniversary of the end of the Restricted Period, the Subject Party and its Controlled Affiliates will not, directly or indirectly engage in any conduct that involves the making or publishing (including through electronic mail distribution or online social media) of any written or oral statements or remarks (including the repetition or distribution of derogatory rumors, allegations, negative reports or comments) that are disparaging, deleterious or damaging to the integrity, reputation or good will of one or more Covered Parties or their respective management, officers, employees, independent contractors or consultants. Notwithstanding the foregoing, subject to Section 3 below, the provisions of this Section 2(c) shall not restrict the Subject Party from providing truthful testimony or information in response to a subpoena or investigation by a Governmental Authority or in connection with any legal action by the Subject Party against any Covered Party under this Agreement, the Merger Agreement or any other Ancillary Document that is asserted by the Subject Party in good faith.

assistant: Non-Disparagement
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 provisions of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and such officer as may be specifically designated by the Company. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement. All references to sections of the Code or any other law shall be deemed also to refer to any successor provisions to such sections and laws.

assistant: Miscellaneous
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 legend “nontransferable” it cannot be “in ordinary course of business transferred” as required by the UCC definition of an instrument. UCC Article 9 provides a uniform method of perfection for security interests in all types of property. Rather than “narrowly looking to the form of the writing, a court should instead look to the realities of the marketplace.” Craft Products, Inc. v. Hartford Fire Ins. Co., 670 N.E.2d 959, 961 (Ind.Ct.App.1996). If there is evidence that the type of writing at issue is ordinarily transferred in the marketplace by delivery with the necessary endorsement, the requirements of Article 9 are met. See In re Latin Investment Corp., 156 B.R. at 106-109; Coral Petroleum, Inc. v. Paribas (In re Coral Petroleum, Inc.), 50 B.R. 830, 837-38 (Bankr.S.D.Tex.1985) (<HOLDING>); see also Hawkland, Lord & Lewis, 8 Hawkland Options: A. recognizing that pursuant to the business judgment rule the decisions of business professionals on the board of directors should be presumed valid B. holding that the elevated class c felony penalty for the offense of criminal recklessness by shooting a firearm from a vehicle into a place where people are likely to gather did not shock public sentiment or violate the judgment of reasonable people because among other things the use of a vehicle would make it less likely that the person would be identified which in turn would make it more likely that the offense would be committed C. holding that counsel was under no obligation to do what would amount to a futile act D. recognizing the test for business nexus is distinct from transactional nexus and its test for dissociation E. holding that test of transferability rests on determination of what business people would do

assistant: The best answer is E. holding that test of transferability rests on determination of what business people would do
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the express waiver by supercell of any provision , condition , or requirement of these terms of service or the supercell privacy policy shall not constitute a waiver of any future obligation to comply with such provision , condition or requirement .

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: The chief executive office of the Issuer and the office where Issuer maintains copies of its corporate records, is located at the offices of the Administrator at 3043 Townsgate Road, Westlake Village, CA, 91361; provided that, at any time after the Closing Date, upon thirty (30) days’ prior written notice to the Indenture Trustee and the Noteholders, the Issuer may relocate its jurisdiction of formation, and/or its principal place of business and chief executive office, and/or the office where it maintains all of its records, to another location or jurisdiction, as the case may be, within the United States to the extent that the Issuer shall have taken all actions necessary or reasonably requested by the Indenture Trustee or the Majority Noteholders of all Outstanding Notes to amend its existing financing statements and continuation statements, and file additional financing statements and to take any other steps reasonably requested by the Indenture Trustee or the Majority Noteholders of all Outstanding Notes to further perfect or evidence the rights, claims or security interests of the Indenture Trustee and the Noteholders under any of the Transaction Documents.

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 is effective and deliveries under this Agreement will begin on the Effective Date. This Agreement shall remain in effect until December 31, 2050. If either Party desires to terminate this Agreement on December 31, 2050, it shall provide written notice of intent to terminate by January 1, 2045. If notice of termination is not received by either Party prior to January 1, 2045, this Agreement shall remain in effect unless terminated by either Party giving to the other Party not less than five (5) years prior written notice of its intention to terminate. As of the Effective Date, the Former WPC shall be amended and restated in its entirety by this Agreement and the Eastern Interconnection Wholesale Power Contract.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement (the “Term”) shall commence effective as of the Effective Date and continue until the fourth anniversary of the Effective Date, unless Executive’s employment is earlier terminated in accordance with Section 10 of this Agreement; provided, however, that, on the fourth and subsequent anniversary dates of this Agreement or any extension, this Agreement will automatically be extended for an additional year unless, not later than ninety (90) calendar days prior to such anniversary date, the Company shall have given written notice to the Executive that it does not wish to extend the Term. Upon expiration of the term of this Agreement, Executive shall remain an “at will” employee of the Company but shall still be subject to and bound by the terms of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon exercise of a Stock Appreciation Right, the holder shall be entitled to receive from the Company an amount equal to the number of shares of Common Stock subject to the Stock Appreciation Right that is being exercised multiplied by the excess of (i) the Fair Market Value of a share of Common Stock on the date the Award is exercised, over (ii) the exercise price specified in the Stock Appreciation Right or related Option. Payment with respect to the exercise of a Stock Appreciation Right shall be made on the date of exercise. Payment shall be made in the form of shares of Common Stock, cash or as otherwise determined by the Committee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon any termination or expiration of this Agreement, unless otherwise specified in this Agreement and except for any rights or obligations that have accrued prior to the effective date of termination or expiration, all rights and obligations of each Party under this Agreement shall terminate in whole or with respect to the Licensed Products, as the case may be; provided , however , that Section 9.3(c), Section 9.5, Section 9.6, Section 9.7, Section 9.8, Section 9.9, Section 9.10, Section 10.1, Section 11.5, Section 11.6, Section 13.1, Section 13.2, Section 13.3, Section 13.4, Section 14.4, and Section 15.2, as well as any other provision which by its terms or by the context thereof is intended to survive, shall survive any such termination or expiration of this Agreement.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by transmitting or submitting any user content while using the service , you affirm , represent and warrant that such transmission or submission is ( a ) accurate and not confidential or misleading ; ( b ) not in violation of any laws , contractual restrictions or other third party rights , and that you have permission from any third party whose personal information or intellectual property is comprised in the user content ; ( c ) free of viruses , adware , spyware , worms or other malicious code ; and ( d ) you acknowledge and agree that any of your personal information within such content will at all times be processed by supercell in accordance with its privacy policy .

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: In the event of the Participant’s Termination of Service by reason of Disability, all Restricted Stock will vest as to all shares subject to an outstanding Award, whether or not immediately vested, at the date of Termination of Service.

assistant: Disability
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: `` store '' refers to a service that allows you to browse , download , purchase , and rate and review applications ( the term `` application '' includes games ) and other digital content .

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: As consideration for the assignment and sale contemplated in Section 2 hereof, the Assignee shall pay to the Assignor on the date hereof in federal funds the amount heretofore agreed between them. It is understood that Facility Fees accrued to the Assignment Effective Date in respect of the Assigned Amount are for the account of the Assignor and such fees accruing from and including the Assignment Effective Date are for the account of the Assignee. Each of the Assignor and the Assignee hereby agrees that if it receives any amount under the Credit Agreement which is for the account of the other party hereto, it shall receive the same for the account of such other party to the extent of such other party’s interest therein and shall promptly pay the same to such other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any representation, warranty or certification made by any Seller Party or any Servicer that is an Affiliate of any Seller Party to Purchaser under this Agreement or any Transaction Document (other than any representation contained in Article 9(s)) shall have been incorrect or untrue when made or repeated or deemed to have been made or repeated in any material respect and, to the extent that such incorrect or untrue representation is capable of being cured by Seller, such breach is not cured by Seller within five (5) Business Days after the earlier of receipt of written notice thereof from Purchaser or Seller’s Knowledge of such incorrect or untrue representation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: pet. ref'd); see also People v. Sanchez Cortorreal, 226 A.D.2d 737, 642 N.Y.S.2d 36, 36 (N.Y.App.Div.1996) (finding no “improvident exercise of discretion” when three jurors witnessed altercation between victim’s and defendant’s families outside courthouse because jurors were questioned in camera and said they could still render impartial verdict). In Williams, after a jury found appellant guilty, his family “began a disturbance in the courtroom” in the presence of the jury. Williams, 651 S.W.2d at 821. The disturbance was a “ ‘melee’ ... between [appellant’s] family and police officers, and, at some point, the appellant joined in the fracas.” Id. The trial court instructed the jury “not to let what m.App.2003); Matthews v. State, 960 S.W.2d 750, 757 (Tex.App.-Tyler 1997, no pet.) (<HOLDING>). The defendant has the burden to show that the Options: A. holding outburst from victims father telling jury to give my son justice please cured by trial courts instruction to jury to disregard remark B. holding that the district court did not abuse its discretion in denying the defendants request for severance because the district court nullified any prejudicial error when it repeatedly admonished the jury throughout the trial to consider the evidence only against the defendant to whom it related and at the end of trial gave the jury instructions that admonished the jury to consider separately each offense and evidence in support of each offense C. holding mistrial not warranted for improper statement by police officer where court sustained defendants objection and admonished jury to disregard statement and where there was overwhelming evidence of guilt D. holding outburst by victims brother during defense counsels crossexamination of witness called by state not so prejudicial as to preclude cure by instruc tion when trial court immediately admonished jury not to consider the statement E. holding that improper statement was rendered harmless because the district court sustained the defendants objection and admonished the jury to disregard the statement

assistant: The best answer is D. holding outburst by victims brother during defense counsels crossexamination of witness called by state not so prejudicial as to preclude cure by instruc tion when trial court immediately admonished jury not to consider the statement
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: this is a distinction without a difference. The DOT clearly argued to the jury that the evidence of such consideration defined the amount of any business losses. 3 Although the DOT argues that other evidence in the record could have supported the jury’s verdict, there is no way to determine what effect the irrelevant evidence regarding the Assignment may have played in its deliberations based on the DOT’s arguments in the case. Additionally, we find that the trial court made another evidentiary error, as addressed below, which may have improperly affected the parties’ presentation of evidence and argument at trial. 4 “Admissions in judicio apply only to facts in litigation in a particular case.” Liberty Nat. Bank & Trust Co. v. Diamond, 231 Ga. 321, 323 (III) (201 SE2d 400) (1973) (<HOLDING>). 5 That Lovein made this affirmative agreement Options: A. holding that an attorneys filing a notice of appearance on behalf of his or her client constitute a waiver of service of process by the client B. holding that a public administrator was not entitled to attorneys fees in a claim against the estate of a former guardian where the case was not one where attorneys fees were authorized and there was no evidence to support the award C. holding that attorneys statement in prior litigation that if his client won that case she would make no further claims on estate at issue were not admissions in judicio D. holding that admissions purportedly made by an accused by way of his agents or attorneys in pleadings from a civil case are not admissible in a criminal case unless shown to have been authorized by him E. holding that attorneys acts within scope of his authority are binding on client

assistant: The best answer is C. holding that attorneys statement in prior litigation that if his client won that case she would make no further claims on estate at issue were not admissions in judicio
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, as of the Effective Date, this Agreement replaces any existing agreement between Division and Vendor for purchases of products and services comparable to the Products and/or Services (each such existing agreement, a “Prior Agreement”). This Agreement shall exclusively govern the purchases of Products and/or Services by Purchasers that occur during the Term. The provisions of any Prior Agreement shall continue to apply to the products purchased under the Prior Agreement prior to the Effective Date of this Agreement, except that Division shall have the right, in its sole discretion, to apply the Audit Rights provisions set forth in the Prior Agreement or this Agreement to such purchases.

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: You hereby resign from any and all directorships and other offices that you hold in connection with your employment with the Company (including any directorships with subsidiaries or other affiliates of ACHL or the Company). You further agree to execute any additional documents as may be requested by the Company to effect your resignation from all such positions. You also agree to execute and deliver to the Company a General Release and Waiver on, and effective as of, the Departure Date, in the form attached to this Agreement as Exhibit B .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: past persecution at the hands of their mother, who abused and subsequently abandoned them. While we are sympathetic to the cruel treatment endured by petitioners, such treatment does not constitute past persecution “on account of’ a protected ground. 8 C.F.R. § 1208.13(b)(1). Petitioners allege that they are “children of the Gomez-Romero Family,” a “particular social group” entitled to protection under the Act. 8 U.S.C. § 1158(b)(l)(B)(i). While we agree that kinship ties may constitute a “particular social group,” Al-Ghorbani v. Holder, 585 F.3d 980, 995 (6th Cir.2009), the domestic abuse suffered by petitioners was not on account of this status. Rather, petitioners were abused because of their exposure to a violent, unstable person. Klawitter v. INS, 970 F.2d 149, 152 (6th Cir.1992) (<HOLDING>). Indeed, the mother’s abuse was not limited to Options: A. holding that harassment threats and one beating did not constitute persecution B. holding that isolated criminal attacks do not constitute persecution C. holding that threats standing alone generally do not constitute past persecution D. holding that to constitute persecution harm must be more than harassment E. holding that personal disputes do not constitute persecution

assistant: The best answer is E. holding that personal disputes do not constitute persecution
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: adequacy of the summons in light of Rule 4.15(F), we bear in mind the constitutional due process protections which a defective summons must nevertheless satisfy.” In re J.H., 898 N.E.2d 1265, 1270 (Ind.Ct.App.2009), trans. denied. "An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality, is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objec tions.” Munster, 829 N.E.2d at 58. However, Trial Rule 4.15(F) cures only technical defects in service of process, not a total failure to serve process. LaPalme, 621 N.E.2d at 1106; see also Idlewine v. Madison Cty. Bank & Trust Co., 439 N.E.2d 1198, 1201-03 (Ind.Ct.App.1982) (<HOLDING>); Kelly v. Bennett, 732 N.E.2d 859, 862 Options: A. holding that a clerical employee was not an agent authorized to accept service of process for the corporation B. holding that trial rule 415f will not cure defective service of process where no person authorized by the rules was actually served C. holding that service to defendants business address resulted in total failure to serve process rather than mere technical defect and thus could not be cured by rule 415f D. holding service of process defective when the receipt card was signed by someone who was not the registered agent E. holding service of process defective when the return receipt is not signed by the addressee

assistant: The best answer is B. holding that trial rule 415f will not cure defective service of process where no person authorized by the rules was actually served
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 not, and will not permit any of its Restricted Subsidiaries to, enter into any arrangement with any Person (other than the Borrower or a Restricted Subsidiary) providing for the leasing by the Borrower or any Restricted Subsidiary of real or personal property that has been or is to be sold or transferred by the Borrower or any Restricted Subsidiary to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of the Borrower or any Restricted Subsidiary unless (i) the lease is not prohibited pursuant to Section 6.01 and 6.02 and (ii) the disposition of such property is not prohibited by Section 6.04.

assistant: Sales