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: Unless otherwise provided herein or in the Credit Agreement, any notice or other communication herein required or permitted to be given shall be given in the manner and become effective as set forth in the Credit Agreement, as to any Grantor, addressed to it at the address of the Borrower set forth in the Credit Agreement and as to the Administrative Agent, addressed to it at the address set forth in the Credit Agreement, or in each case at such other address as shall be designated by such party in a written notice to the other party complying as to delivery with the terms of this Section 11.6 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: You acknowledge that, regardless of any action taken by the Company or, if different, the Affiliate that employs you (the “Employer”), the ultimate liability for all income tax, social insurance, payroll tax, fringe benefits tax, payment on account or other tax-related items related to your participation in the Plan and legally applicable to you or deemed by the Company or the Employer in their discretion to be an appropriate charge to you even if legally applicable to the Company or the Employer (“Tax-Related Items”), is and remains your responsibility and may exceed the amount actually withheld by the Company or the Employer, if any. You further acknowledge that the Company and/or the Employer (a) make no representations or undertakings regarding the treatment of any Tax-Related Items in connection with any aspect of the Option, including, but not limited to, the grant, vesting or exercise of the Option, the subsequent sale of Shares acquired pursuant to such exercise and the receipt of any dividends; and (b) do not commit to and are under no obligation to structure the terms of the grant or any aspect of the Option to reduce or eliminate your liability for Tax-Related Items or achieve any particular tax result. Further, if you are subject to Tax-Related Items in more than one jurisdiction between the Date of Grant and the date of any relevant taxable or tax withholding event, as applicable, you acknowledge that the Company and/or the Employer (or former employer, as applicable) may be required to withhold or account for Tax-Related Items in more than one jurisdiction.

assistant: Tax Withholdings
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: highly contextual, there are certain minimum requirements: [t]o have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it. It is a purpose of the ancient institution of property to protect those claims upon which people rely in their daily lives, reliance that must not be arbitrarily undermined. Roth, 408 U.S. at 577, 92 S.Ct. 2701 (emphasis added). Although “prope h Cir.1988) (finding that a state statute and a school board policy providing for accumulation of sick days by public employees created a property interest in those sick days); Connell v. Higginbotham, 403 U.S. 207, 208, 91 S.Ct. 1772, 29 L.Ed.2d 418 (1971) (<HOLDING>). Plaintiff concedes that neither state law nor Options: A. holding a tenured state employee has a property right to continued employment and must be accorded due process before serious disciplinary sanctions B. holding that due process also protected nontenured public employees retained by the promise of continued employment C. holding that a state tort claim is a species of property protected by the due process clause D. holding that employees voluntary testimony is also inherently a matter of public concern E. holding that direct public employment is not a right protected by the privileges and immunities clause

assistant: The best answer is B. holding that due process also protected nontenured public employees retained by the promise of continued employment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the NLRB’s jurisdiction and the NLRA’s preemptive effect: “When an activity is arguably subject to § 7 or § 8 of the Act, the States as well as the federal courts must defer to the exclusive competence of the National Labor Relations Board if the danger of state interference with national policy is to be averted.” Id. at 245, 79 S.Ct. 773. Although the Garmon doctrine seems simple enough, whether it applies to conflicts between federal statutes and the NLRA has been the subject of great debate and resulting in a conflict among the circuits. Numerous courts, including Judge Foreman in the Southern District of Illinois, have held that the NLRA preempts RICO in whole or in part when labor disputes are involved. See, e.g., McDonough v. Gencorp, Inc., 750 F.Supp. 368 (S.D.Ill.1990) (<HOLDING>); Butchers’ Union, Local No. 498, United Food Options: A. holding that samesex sexual harassment claims are not actionable under title vii B. holding the state law claims were not preempted C. holding that claims actionable only by virtue of the nlra are preempted D. holding that where there is thrust upon the government either by virtue of the defense raised by the defendant or by virtue of the elements of the crime charged the affirmative duty to prove that the underlying prohibited act was done with a specific criminal intent other acts evidence may be introduced under rule 404b E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is C. holding that claims actionable only by virtue of the nlra are preempted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has filed all reports, schedules, forms, statements and other documents required to be filed by the Company under the Securities Act and the Exchange Act, including pursuant to Section 13(a) or 15(d) thereof, for the two years preceding the date hereof (or such shorter period as the Company was required by law or regulation to file such material) (the foregoing materials, including the exhibits thereto and documents incorporated by reference therein, together with the Prospectus and the Prospectus Supplement, being collectively referred to herein as the “ SEC Reports ”) on a timely basis or has received a valid extension of such time of filing and has filed any such SEC Reports prior to the expiration of any such extension. As of their respective dates, to the best of the Company’s knowledge, the SEC Reports complied in all material respects with the requirements of the Securities Act and the Exchange Act, as applicable, and none of the SEC Reports, when filed, contained any untrue statement of a material fact or omitted to state a material fact required to be stated therein or necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. To the best of the Company’s knowledge, the financial statements of the Company included in the SEC Reports comply in all material respects with applicable accounting requirements and the rules and regulations of the Commission with respect thereto as in effect at the time of filing. Such financial statements have been prepared in accordance with United States generally accepted accounting principles applied on a consistent basis during the periods involved (“ GAAP ”), except as may be otherwise specified in such financial statements or the notes thereto and except that unaudited financial statements may not contain all footnotes required by GAAP, and fairly present in all material respects the financial position of the Company and its consolidated Subsidiaries as of and for the dates thereof and the results of operations and cash flows for the periods then ended, subject, in the case of unaudited statements, to normal, immaterial, year-end audit adjustments.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: does the amended complaint alleged facts (as opposed to conclusions) plausibly showing that Nye "helped to shape” or "exercised significant influence” over those decisions. 32 . If by "interactions,” the plaintiffs mean the DCYF defendants’ conduct during the neglect, custody, and guardianship proceedings, that cannot serve as the basis of a negligence claim. As the plaintiffs expressly acknowledge in their objection, the DCYF employee who brought and conducted all of those proceedings on its behalf, Matel, “is entitled to prosecutorial immunity from money damages in his role as an advocate.” The DCYF employees who provided testimony during those proceedings are likewise immune from suit for that conduct. See Provencher v. Buzzell-Plourde Assocs., 142 N.H. 848, 853, 711 A.2d 251 (1998) (<HOLDING>). 33 . The amended complaint alleges that Options: A. holding that sjtatements made in the course of judicial proceedings constitute one class of communications that is privileged from liability in civil actions subject to an exception inapplicable here B. holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense C. holding that absolute immunity extends to statements made in the course of judicial proceedings but not to preliminary investigations prior to the institution of criminal charges D. holding that communications to the police are conditionally privileged E. holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client

assistant: The best answer is A. holding that sjtatements made in the course of judicial proceedings constitute one class of communications that is privileged from liability in civil actions subject to an exception inapplicable here
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Committee allows any non-corporate Subsidiary to adopt the Non-corporate Portion of the Plan, the Committee may allow certain employees of such Subsidiaries an opportunity to acquire Shares in accordance with such special terms and conditions as the Committee may adopt from time to time, which terms and conditions may modify the terms and conditions set forth elsewhere in this Plan, with respect to such employees, to the extent permitted under the following paragraph (d). Without limiting the authority of the Committee, the special terms and conditions that may be adopted with respect to any non-corporate Subsidiary need not be the same for all non-corporate Subsidiaries; and may include but are not limited to the right to participate, procedures for elections to participate, the payment of any interest with respect to amounts received from or credited to Accounts held for the benefit of such employees who elect to participate, the purchase price of any Shares to be acquired, the length of any Contribution Period, the maximum amount of contributions, credits or Shares that may be acquired by any such participating employees, and a participating employee's rights in the event of his or her death, disability, withdrawal from participation in the purchase of Shares under the Non-corporate Portion of the Plan, or termination of employment.

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 case excerpt and choose the best holding from the options. Case excerpt: And under today’s decision, States may of course collect the sales tax from cigarette wholesalers, either by seizing unstamped cigarettes off the reservation, or by assessing wholesalers who supplied unstamped cigarettes to the tribal stores. States may also enter into agreements with the tribes to adopt a mutually satisfactory regime for the collection of this sort of tax. And if Oklahoma and other States similarly situated find that none of these alternatives produce the revenues to which they are entitled, they may of course seek appropriate legislation from Congress. Id. at 514, 111 S.Ct. at at states possess criminal jurisdiction over crimes committed on Indian reservations by non-Indians against non-Indians. See United States v. McBratney, 104 U.S. 621, 624, 26 L.Ed. 869 (1881) (<HOLDING>); New York ex rel. Ray v. Martin, 326 U.S. 496, Options: A. holding that the arrest of an indian on indian land was illegal because the state had no jurisdiction over the reservation to enforce its laws including the execution of a search warrant unless congress consented to the states jurisdiction B. holding that colorado by its admission into the united states acquired criminal jurisdiction over its own citizens and other white persons through the whole territory within its limits including any indian reservations C. holding that the fourteenth amendment which makes persons bom in the united states and subject to its jurisdiction citizens of the united states and requires that representatives be apportioned among the states based on population excluding indians not taxed did not make an indian a citizen of the united states D. holding state immune from suit brought by its own citizens E. holding that united states jurisdiction embraces offenses having an effect within its sovereign territory even though the acts constituting the offense occur outside the territory

assistant: The best answer is B. holding that colorado by its admission into the united states acquired criminal jurisdiction over its own citizens and other white persons through the whole territory within its limits including any indian reservations
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: felony distribution of cocaine base. Thus, the only charge in which the aggregation issue is relevant is the charge of conspiracy to possess with intent to distribute, in violation of 21 U.S.C. § 846. The court next observes that possession of cocaine base is not a lesser-included offense of conspiracy to possess cocaine base because the elements in a section 846 conspiracy to possess charge do not require proof of the defendant’s possession of cocaine base. See Patterson v. United States, 2005 U.S. Dist. Lexis 9529, at *21-22 (W.D.N.C. May 12, 2005) (noting that Fourth Circuit indicated in unpublished opinion that simple possession is not lesser-included offense of conspiracy to possess with intent to distribute); see also United States v. Colon, 268 F.3d 367, 377 (6th Cir.2001) (<HOLDING>). The Fourth Circuit, in United States v. Options: A. holding that a prior conviction for possession with intent to distribute cocaine is admissible under rule 609 B. holding that possession with intent to distribute and simple possession are the same offense under blockburger C. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell D. holding similar evidence sufficient to sustain a jury verdict of possession with intent to distribute cocaine E. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute

assistant: The best answer is E. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute
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: true software scandinavia ab ( `` truecaller '' or `` we '' ) offers users ( `` users '' or `` you '' ) global phone community services transacted through various software applications and services , including but not limited to the `` truecaller '' , the `` truedialer '' and the `` truemessenger '' applications .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Jose De Jesus Castro-Ramirez appeals his 74-month sentence imposed following a guilty plea conviction for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742. We affirm. Castro-Ramirez contends that the district court improperly increased his sentence because: (1) Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) overruled Almendarez-Torres v. United States, 523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998) (<HOLDING>); and (2) the district erred by failing to Options: A. holding any fact other than a prior conviction that increases the maximum penalty beyond the prescribed statutory maximum must be submitted to the jury and proved beyond a reasonable doubt B. holding that sixth amendment not violated when sentence enhanced based on prior convictions that were not charged in indictment or admitted by defendant C. holding that a sentence may be enhanced based on a prior conviction that was not alleged in the indictment admitted on the record or proved beyond a reasonable doubt D. holding that any fact other than a prior conviction may not be used to enhance a defendants sentence beyond the statutory maximum unless it is submitted to a jury and proved beyond a reasonable doubt E. holding that other than the fact of a prior conviction any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt

assistant: The best answer is C. holding that a sentence may be enhanced based on a prior conviction that was not alleged in the indictment admitted on the record or proved beyond a reasonable doubt
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 understand and agree to hold the provisions of this Agreement in strictest confidence as a condition of the benefits, and you agree not to publicize or disclose the terms of this Agreement in any manner whatsoever; provided, however, that you may disclose this Agreement to: (a) your spouse or domestic partner; (b) your attorney, accountant, or financial advisor; or (c) insofar as disclosure may be necessary to enforce its terms or as required by law.

assistant: Confidentiality
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 Revolving Loans and the Letters of Credit shall be used to refinance indebtedness under the Existing Credit Agreement and for other general corporate purposes of the Parent Borrower and its Subsidiaries (including acquisitions).

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: The Closing shall take place at the offices of Morgan, Lewis & Bockius LLP located at One State Street, Hartford, Connecticut at 10:00 a.m., local time, within seven (7) Business Days following the date on which the approval of the acquisition of the Shares by the Purchaser has been obtained from the New York Department or such other time and date as the Parties hereto may agree in writing, subject to satisfaction or waiver of each of the closing conditions set forth in ARTICLES VI and VII. Notwithstanding the foregoing, if the approval of the acquisition of the Shares by the Purchaser is obtained from the New York Department within seven (7) Business Days prior to the end of any calendar quarter and all other conditions to closing have been satisfied or waived, each of the Seller and the Purchaser shall use reasonable efforts to consummate the Closing prior to the end of such calendar quarter.

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 case excerpt and choose the best holding from the options. Case excerpt: Impact Statements and forest plans were at least partially privileged. The Court reached this decision only after the forest service had already released redacted copies of the drafts and after the withheld Information had been reviewed in camera. Nat’l Wildlife Fed’n, 861 F.2d at 1115-6. In summarizing the D.C. Circuit’s approach to the deliberative process privilege, however, the Ninth Circuit quoted the D.C. Circuit’s broad statement that the deliberative process privilege “cover[s] all ‘recommendations, draft documents, proposals, suggestions and other subjective doc will not reveal the mental processes of the agency, however, the Ninth Circuit has explicitly rejected the argument that whatever is not the “final agency position” must be deliberative. See Carter, 307 F.3d at 1092 (<HOLDING>) (citing Petroleum Info. Corp., 976 F.2d at Options: A. holding that release discharges only persons named in or sufficiently described by terms of release B. holding that where a foia plaintiff seeks sensitive foreignaffairs information the court should give substantial weight to a government affidavit that the information is exempt from foia but nevertheless consider contrary evidence presented by the plaintiff C. holding that foia compelled the department of commerce to release census data that adjusted for systemic undercounts and stating any concerns with public confusion caused by release of erroneous information could be allayed by warning foia requesters that the information is unofficial and disclaiming responsibility for any errors or gaps D. holding that when a plaintiff has no pending foia request with an agency and has not averred that he intends to make foia requests to the agency in the future any claim of future injury is simply too speculative and remote to give him standing E. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents

assistant: The best answer is C. holding that foia compelled the department of commerce to release census data that adjusted for systemic undercounts and stating any concerns with public confusion caused by release of erroneous information could be allayed by warning foia requesters that the information is unofficial and disclaiming responsibility for any errors or gaps
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: safeguards to protect a person’s right not to be compelled to incriminate himself under the Fifth Amendment. Miranda, 384 U.S. at 444-45, 16 L. Ed. 2d at 706-07. These Miranda warnings are required when a criminal defendant is subjected to a custodial interrogation, and failure to give the required warnings prior to interrogation precludes admission of statements obtained during the interrogation. See State v. Young, 65 N.C. App. 346, 348, 309 S.E.2d 268, 269 (1983). Generally, Miranda applies only when the defendant is subject to a criminal proceeding. 2 Wayne R. LaFave, Criminal Procedure § 6.10(e), at 625-26 (2d ed. 1999). Because a juvenile abuse and neglect proceeding is a civil proceeding, we hold that Miranda is inapplicable. See State v. Adams, 345 N.C. 745, 483 S.E.2d 156 (<HOLDING>). We acknowledge the mother’s argument that Options: A. holding that a criminal defendant has a sixth amendment right to counsel at trial B. holding defendants sixth amendment right to counsel which applies only to criminal cases did not attach when juvenile petition for abuse and neglect was filed C. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel D. holding that the sixth amendment right to counsel does not attach until a prosecution is commenced that is at or after the initiation of adversary judicial criminal proceedings E. holding an accuseds sixth amendment right to counsel does not attach to uncharged crimes factually related to the crime for which the defendant has been charged

assistant: The best answer is B. holding defendants sixth amendment right to counsel which applies only to criminal cases did not attach when juvenile petition for abuse and neglect was filed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be construed under, and in accordance with, the laws of the State of Delaware. In the event any of the provisions of this Agreement are to be held invalid, illegal or unenforceable in any respect, by a court of competent jurisdiction, the remaining portion of this Agreement shall continue to be in full force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, invoices, payments, and other communications made under this Agreement (each, a " Notice ") shall be in writing and sent to the appropriate party at the address set forth for such party on the signature page below, or at such other address as such party may designate by ten (1) days advanced Notice to the other party in accordance with this Section 9(k) . Notice shall be given when received on a business day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply: (i) Notices sent by electronic means, including facsimile and electronic mail shall be deemed to have been received upon the sending Party's receipt of its confirmation of successful transmission, such as facsimile machine's confirmation or the "return receipt requested" function for electronic mail, provided , that if the day on which such electronic communication is received is not a business day or is after five (5:00) p.m. local time at the recipient party's address to where deliver is made, then such electronic communication shall be deemed to have been received on the next following business day; (ii) Notice sent by overnight mail or courier shall be deemed to have been received on the next business day after it was sent or such earlier time as confirmed by the receiving party or courier; and (iii) Notice sent by first class mail, postage prepaid, shall be deemed received five (5) business days after mailing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is clearly conducted through the entering of contracts requiring repeated acts, such as the transmission of files over the Internet. These websites are said to subject the host provider to the user’s jurisdiction. Id. at 1124. At the opposite end are passive websites which do little more than provide available information to the interested user and are not proper grounds to exercise personal jurisdiction. The middle ground contains interactive websites where users can exchange information with the host computer. Jurisdiction in these cases depends on “the level of interactivity and commercial nature of the exchange of information that occurs on the [website].” Id. This spectrum analysis appears to be gaining favor. See also Soma Medical Int’l, 196 F.3d 1292, 1296 (10th Cir.1999) (<HOLDING>); Patriot Sys., Inc., 21 F.Supp.2d at 1323-24 Options: A. holding that the defendant maintained a passive website and was therefore not subject to general jurisdiction B. holding that a reason cannot be proved to be a pretext for discrimination unless it is shown both that the reason was false and that discrimination was the real reason C. holding interactive website did not create general jurisdiction D. holding passive website to be an invalid reason for granting jurisdiction E. holding that a passive website that merely makes information available is insufficient to confer general jurisdiction

assistant: The best answer is D. holding passive website to be an invalid reason for granting jurisdiction
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 above, your right to receive a credit of Share Units shall be forfeited automatically without further action or notice in the event that you cease to be continuously employed by Teradata through December 31, 2019.

assistant: Forfeitures
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 Subsidiaries to, sell, lease or otherwise transfer any material property or assets to, or purchase, lease or otherwise acquire any material property or assets from, any of its Affiliates, except (a) in the ordinary course of business at prices and on terms and conditions not less favorable to the Borrower or such Subsidiary than those that would reasonably be expected to be obtained in a comparable arm’s-length transaction with an unrelated third party, and (b) transactions between or among the Borrower and its wholly-owned Subsidiaries which do not involve any other Affiliate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee represents and warrants that no portion of any of the matters released by this Agreement and no portion of the Consideration or any recovery or settlement to which Employee might be entitled has been assigned or transferred to any other person, firm, or corporation not a party to this Agreement in any manner, including by way of subrogation or operation of law or otherwise. If any claim, action, demand, or suit should be made or instituted against the Releasees, or any of them, because of any such purported assignment, subrogation, or transfer, Employee agrees to indemnify and hold harmless the Releasees, and each of them, against such claim, action, demand, or suit, including damages, expenses of investigation, attorney fees, and costs.

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: insufficient to establish effective service of process. The court’s conclusion is an unwarranted upheaval of settled agency law. The district court correctly found “nothing in the record” to support Graham’s actual authority as an agent to receive service of process for the individual defendants. Accordingly, I conclude that service of process was ineffectual-.. 1 . Minn.Stat. § 541.076 (2014) 2 . Offutt, however, never mailed "a hard . copy” of the process papers to Graham. 3 . See, e.g., In re J.M.T., 759 N.W.2d 406, 408 (Minn.2009) (“First-class mail, even if received, is simply not personal service. Personal service requires delivery to the party or to an appropriate representative.” (citing Minn. R. Civ. P, 4,03)); Kmart Corp. v. Cty. of Clay, 711 N.W.2d 485, 489-90, (Minn.2006) (<HOLDING>); Tullis v. Federated Mut. Ins. Co., 570 N.W.2d Options: A. holding that service was ineffectualbecause the plaintiff did not deliver copies of the petition to the individual personally or leave copies with any person at the individuals usual places of abode and because the plaintiffs alternative attempt to serve by facsimile was not authorized by rule 4 B. holding that the plaintiff did not complete service when she made no attempt to serve the defendant within the time required by the arkansas procedural rules C. holding that one of the twelve or so homes throughout the world among which the individual defendant divided his time constitutes a dwelling house or usual place of abode for purposes of service of process even though that home is not the defendants principal domicile and even though he may spend comparatively little time there D. holding that service was proper where a copy of the summons and complaint was left with the defendants wife at the defendants maryland house in which the defendant had lived before moving ahead of his family to arizona where he had purchased a house intending never to return to maryland and to move his family to arizona noting that the service was sufficient to satisfy the requirements of service at the defendants dwelling house or usual place of abode where the service succeeded in actually apprising him of the lawsuit E. holding that the plaintiffs did not complete service for purposes of the savings statute when they served the defendant with a complaint signed by an unlicensed attorney a nullity under arkansas law and made no attempt to serve the defendant with the amended complaint

assistant: The best answer is A. holding that service was ineffectualbecause the plaintiff did not deliver copies of the petition to the individual personally or leave copies with any person at the individuals usual places of abode and because the plaintiffs alternative attempt to serve by facsimile was not authorized by rule 4
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: contract that requires specific performance to be completed in a specified period. Therefore, the contract is not reasonably susceptible to more than one interpretation. Accordingly, as a matter of law we find the phrase “that is beyond the reasonable control of that party” modifies all the events enumerated by the parties in the force-majeure clause. Consequently, we find that Wells is not entitled to summary judgment based on the force-majeure clause, and we reverse the district court’s ruling on this issue. Although our ruling on the force-maj-eure clause is the law of the case, we will not consider whether Pillsbury is entitled to judgment on this issue because it did not move for summary judgment. See United Fire & Cas. Co. v. Iowa Dist. Ct., 612 N.W.2d 101, 103 (Iowa 2000) (<HOLDING>); see also In re Estate of Campbell, 253 N.W.2d Options: A. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand B. holding that a trial court is free to make any order or direction in further progress of the case not inconsistent with the decision of the appellate court as to any question not settled by the appellate decision C. holding that a ruling of the trial court to which no error has been assigned becomes the law of the case and is not subject to review by the court of appeals D. holding an appellate decision becomes the law of the case and is controlling on both the trial court and on any further appeals in the same case E. holding that the law of the case doctrine posits that when a court decides upon a rule of law that decision should continue to govern the same issues in subsequent stages in the same case

assistant: The best answer is D. holding an appellate decision becomes the law of the case and is controlling on both the trial court and on any further appeals in the same case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If Executive dies during the Employment Period, this Agreement and Executive’s employment with the Company shall automatically terminate and the Company shall have no further obligations to Executive or his heirs, administrators or executors with respect to compensation and benefits accruing thereafter, except for the obligation to pay to Executive’s heirs, administrators or executors any earned but unpaid Base Salary, reimbursement of any and all reasonable expenses paid or incurred by Executive in connection with and related to the performance of his duties and responsibilities for the Company during the period ending on the termination date and any accrued but unused vacation time through the termination date in accordance with Company policy. The Company shall deduct, from all payments made hereunder, all applicable taxes, including income tax, FICA and FUTA, and other appropriate deductions.

assistant: Death
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: significant change.in benefits.” Id. (internal quotation marks omitted). Lucas, citing Annett v. University of Kansas, 371 F.3d 1233, 1239 (10th Cir. 2004), argues that “[a]cts that carry a significant risk of humiliation, damage to reputation, and a concomitant harm to future employment prospects may be considered adverse actions,” Aplt. Opening Br. at 27. He claims, without evidentiary support, that the corrective action subjected him to potential humiliation as a sexual predator. But his argument rests on a flawed legal premise: Annett defined an “adverse employment action” for purposes of a Title VII retaliation claim, which is broader than the definition of an “adverse employment action” for a Title VII discrimination claim. See Burlington N., 548 U.S. at 61-65, 68, 126 S.Ct. 2405 (<HOLDING>); see also Piercy, 480 F.3d at 1203 (explaining Options: A. holding that a collective bargaining agreement violated the antiretaliation provision of the age discrimination in employment act because on its face it unambiguously denied an employee his contractual right to file an inhouse grievance once he elected to file an age discrimination charge B. holding that title vii prohibits discrimination based on any race including caucasian C. holding that title viis antiretaliation provision prohibits any employer action that might dissuade a reasonable worker from making or supporting a discrimination charge and thus covers a broader range of employer conduct than its substantive discrimination provision D. holding that in retaliation case the requisite adverse action is one which well might have dissuaded a reasonable worker from making or supporting a charge of discrimination E. holding that an original eeoc charge is sufficient to support a civil suit under the act for any discrimination developed in the course of a reasonable investigation of that charge provided such discrimination was included in the reasonable cause determination of the eeoc

assistant: The best answer is C. holding that title viis antiretaliation provision prohibits any employer action that might dissuade a reasonable worker from making or supporting a discrimination charge and thus covers a broader range of employer conduct than its substantive discrimination provision
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: another. U.S.S.G. § 4B1.2(1) (1992). 4 . Although “bank robbery" is not an expressly listed offense, separate from “robbery,” the Guidelines assume that "robbery” encompasses "bank robbery." Under section 2B3.1 of the Guidelines, which assigns offense levels to various forms of “robbery," a sentencing court is instructed to increase the offense level by a certain number of points “[i]f the property of a financial institution ... was taken____” U.S.S.G. § 2B3.1(b)(1) (1992). 5 . These purposes include, inter alia, (1) "to provide just punishment;” (2) to deter criminal conduct; and (3) "to protect the public from further crimes of the defendant____” 18 U.S.C. § 3553(a)(2). 6 . Our observation in this regard might be read as implicitly questioning our decision in Baskin, 886 F.2d at 389 (<HOLDING>). We do not address the validity of Baskin in Options: A. holding that robbery is a crime of violence for purposes of habitualoffender sentencing B. holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16 C. holding that a sentencing judge retains discretion to examine the underlying facts of a case in deciding whether an offense is a crime of violence under section 4b12 D. holding that sexual abuse of a minor is a violent crime within the meaning of the sentencing guidelines and noting that definitions of crime of violence in 18 usc 16 and ussg 4b12 differ slightly finding reyescastro to be persuasive in its 4b12 analysis E. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction

assistant: The best answer is C. holding that a sentencing judge retains discretion to examine the underlying facts of a case in deciding whether an offense is a crime of violence under section 4b12
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: treated for his mental disease in order to meet the Rees standard. He pointed out, however, that Delusional Disorder “is one of the most difficult and intractable mental disorders to treat.” In our view, the State’s concession and Dr. Martell’s findings have little, if any, bearing on the issues presented in this direct appeal. While the defendant has raised the issue of his competence to stand trial, a current finding of incompetence would not affect our analysis. See Black, 815 S.W.2d at 174 (“ ‘[A] competency hearing is a very narrow inquiry aimed at determining whether one who is charged with a criminal offense is presently competent to stand trial.’ ” (quoting State v. Stacy, 556 S.W.2d 552, 553 (Tenn.Crim.App.1977))); cf. Berndt v. State, 783 S.W.2d 119, 122 (Tenn.Crim.App.1987) (<HOLDING>). Further, Dr. Martell opined during the Options: A. holding in a case considering whether the trial court should have conducted a competency hearing sua sponte that an appellate court may only consider those facts which were before the court when the trial commenced B. holding that a trial court must conduct sua sponte a competency hearing when the information known to the trial court at the time of the trial or plea is sufficient to raise a bona fide doubt regarding the defendants competence C. holding that the failure to charge an essential element of a crime in the indictment is an error which should be noted by an appellate court sua sponte as plain error D. holding that in the absence of a government crossappeal an appellate court may not sua sponte correct a district court error if the correction would be to the defendants detriment E. holding that appellate court may only review issues actually presented to and considered by the trial court

assistant: The best answer is A. holding in a case considering whether the trial court should have conducted a competency hearing sua sponte that an appellate court may only consider those facts which were before the court when the trial commenced
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 Administrative Agent shall have received a counterpart of this Amendment, in each case executed and delivered by a duly authorized officer of each of the Obligors, the Administrative Agent and Lenders constituting the Required Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Pledgor shall timely file all tax returns that are required to be filed by it and shall timely pay and discharge all taxes, assessments and governmental charges or levies imposed on it or on its income or profits or on any of its property prior to the date on which penalties attach thereto, except for any such tax, assessment, charge or levy the payment of which is being contested in good faith and by proper proceedings and against which adequate reserves are being maintained.

assistant: Taxes