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: jurisdictional, but instead are permissive and help guide a circuit court’s discretion. See, e.g., United States v. Tremble, 933 F.2d 925, 928 (11th Cir. 1991) (Generally, “an appellate court will not consider 'a legal issue or theory raised for the ñrst time on appeal. The decision whether to consider such an argument is left to the appellate court’s discretion.” (citations omitted)); Access Now, 385 F.3d at 1332 (“[T]he notion that an appellate court will not consider issues not raised before the district court is not a jurisdictional limitation but merely a rule of practice.” (citation and internal quotation marks omitted)). Exercising its discretion, the Eleventh Circuit has permitted a litigant to pursue a new issue on appeal in limited circumstances. Access Now, 385 F.3d at 1332 (<HOLDING>) (quoting Wright v. Hanna Steel Corp., 270 F.3d Options: A. holding that the court will not consider an issue not raised in the district court unless 1 it involves a pure question of law and refusal to consider it would result in a miscarriage of justice 2 the party raising the issue had no opportunity to do so before the district court 3 the interest of substantial justice is at stake 4 the proper resolution is beyond any doubt or 5 the issue presents significant questions of general impact or great public concern B. holding that court will not consider issue raised for first time on appeal C. recognizing the general rule that a court of appeals will not consider an issue raised for the first time on appeal D. recognizing its discretionary authority to depart from the general practice of refusing to consider an issue raised for the first time on appeal such as where the interest of substantial justice is at stake or where the proper resolution is beyond doubt E. holding that an issue not raised in the trial court cannot be raised for the first time on appeal

assistant: The best answer is D. recognizing its discretionary authority to depart from the general practice of refusing to consider an issue raised for the first time on appeal such as where the interest of substantial justice is at stake or where the proper resolution is beyond 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 case excerpt and choose the best holding from the options. Case excerpt: The latter case is L-1283. There Judge Brown’s order of dismissal referred to the prior opinion of Judge Stanley, saying that no new legal or factual grounds were presented, and also expressed his view against the retro-activity of O’Callahan. Our record initially covered only the latter case, but we have since caused a supplementary record of the pertinent portions of the first proceeding to he incorporated in view of the appeal in both cases. Opportunity was afforded for additional memoranda addressing the supplemental record, but the parties did not find this necessary. The record now covers all the proceedings in both cases except a hearing transcript in the former case. Chief Judge Stanley’s opinion indicates that there were no disputed f 22, 88 S.Ct. 1770, 20 L.Ed.2d 776 (<HOLDING>) ; Smith v. Crouse, Warden, 378 U.S. 584, 84 Options: A. holding retroactive application B. holding retroactive the rule that persons with conscientious or religious scruples against capital punishment cannot be excluded from juries C. holding that the act is retroactive D. holding no retroactive application E. holding that the act is not retroactive

assistant: The best answer is B. holding retroactive the rule that persons with conscientious or religious scruples against capital punishment cannot be excluded from juries
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: Subject to Section 7 below, the Award shall become vested as to 100% of the Stock Units subject to the Award upon the first to occur of (a) the first anniversary of the Date of Grant, (b) a termination of service on the Board if the Grantee has completed one full term of service and he or she does not stand for re-election at the completion of such term, or (c) a Change in Control of the Company, provided that Grantee has been continuously engaged as an Eligible Director from the Date of Grant through the first to occur of such dates.

assistant: Vesting
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 SUPPLEMENTAL INDENTURE SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW.

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: for consumption to a person enrolled in the delayed entry program. The military judge’s exceptions and substitutions did not substantially change the nature of the offense. The primary difference between the charged offense and the offense of which the military judge found Appellant guilty went to the acts taken in furtherance of that conspiracy — specifically, in the location of the consumption of the alcohol that was provided and the exact manner by which it was provided. This Court has held that “minor variances, such as the location of the offense or the date upon which an offense is allegedly committed, do not necessarily change the nature of the offense and in turn are not necessarily fatal.” Teffeau, 58 M.J. at 66. Compare United States v. Wray, 17 M.J. 375, 376 (C.M.A.1984) (<HOLDING>). In light of the ongoing socializing on the Options: A. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act B. recognizing that questions of changed conditions and the amount of child support must be resolved on the particular facts of each case C. holding that changing the date and amount of the larceny under the circumstances of that case changed the identity of the offense D. holding that an alien failed to qualify for the changed circumstances exception by asserting only that his personal circumstances had changed by the birth of a child E. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment

assistant: The best answer is C. holding that changing the date and amount of the larceny under the circumstances of that case changed the identity of the offense
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: Notwithstanding any investigation made by any party to the Agreement, all covenants and agreements made by the Company and such Purchaser herein and in the Notes delivered pursuant hereto shall survive the execution of the Agreement, the delivery to such Purchaser of the Notes being purchased and the payment therefor.

assistant: Warranties
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: Id., § 164, at 579. This parallel between the Privacy Act and the common-law torts of libel per quod and slander suggests the possibility that Congress intended the term “actual damages” in the Act to mean special damages. The basic idea is that Privacy Act victims, like victims of libel per quod or slander, are barred from any recovery unless they can first show actual— that is, pecuniary or material — harm. Upon showing some pecuniary harm, no matter how slight, they can recover the statutory minimum of $1,000, presumably for any unproven harm. That Congress would choose to use the term “actual damages” instead of “special damages” was not without precedent. The terms had occasionally been used interchangeably. See, e. g., Wetzel v. Gulf Oil Corp., 455 P. 2d 857, 862 (CA9 1972) (<HOLDING>); Electric Furnace Corp. v. Deering Milliken Options: A. holding defendant a foreign manufacturer was not subject to the personal jurisdiction of a wyoming court because the plaintiff failed to introduce sufficient evidence to establish an agency relationship between the defendant and its us distributor B. holding that state did not submit sufficient evidence to establish amount of restitution to victim for medical bills incurred when it did not introduce any medical bills C. holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time D. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did E. holding that plaintiff could not establish libel per quod because he did not introduce any valid and sufficient evidence of actual damage

assistant: The best answer is E. holding that plaintiff could not establish libel per quod because he did not introduce any valid and sufficient evidence of actual damage
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 served on a party under this Agreement shall also be served on the counsel for the party listed below, or, if that counsel cannot be located, on such other counsel as is known to have represented the party during this Lawsuit.

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: address was defendant’s usual place of abode, where defendant received all his mail at father's address, listed father’s address on accident report, defendant's insurance company maintained defendant’s address as that of his father, and address listed on defendant’s driver's license was that of his father both at time service was attempted and at time defendant sought to set aside default judgment), trans. denied (1996). 5 . Although we do not undertake the burden of developing an argument on the appellee’s behalf, we note that Indiana Trial Rule 4.15(F) provides, "No summons or the service thereof shall be set aside or be adjudged insufficient when either is reasonably calculated to inform the person to be served that an action has been instituted against him.” "In evaluating pp.2000) (<HOLDING>), trans. denied. If service of process is not Options: A. holding that the court cannot conclude that failure of service resulted from defendants rejection of delivery where letters sent to defendant were returned stating unclaimed and not at this address B. holding that rule 415f worked to cure deficiencies in service of process in action to enforce a judgment lien on real estate where service was provided at debtors last residential address known to lienholder because address was used during underlying lawsuit lienholders attorney checked county record to verify address information debtor did receive summons and residential address was on the former situs of debtors business C. holding that trial rule 415f will not cure defective service of process where no person authorized by the rules was actually served D. 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 E. holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , we are not responsible for the accuracy , availability , or reliability of any information , content , goods , data , opinions , advice , or statements made available by any third-party 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 legal provision and list the applicable contract clause categories. Provision: This Agreement is, and the Revolving Credit Notes when delivered hereunder will be, legal, valid and binding obligations of the Borrower enforceable against the Borrower in accordance with their respective terms subject to bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles.

assistant: Binding Effects
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 Servicer (i) has duly satisfied all obligations on its part to be fulfilled under or in connection with the Pool Receivables and the related Contracts, (ii) has maintained in effect all qualifications required under Applicable Law in order to properly service the Pool Receivables and (iii) has complied in all respects with all Applicable Laws in connection with servicing the Pool Receivables, except to the extent that any such non-satisfaction, non-maintenance or noncompliance could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The existence of the Company commenced upon the filing of the Company’s Certificate of Formation with the Delaware Secretary of State as required by the Act and in connection with the Conversion, and shall continue until dissolution of the Company as permitted by applicable law or by this Agreement.

assistant: Existence
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: On the Restatement Effective Date, (a) the Parent and its Subsidiaries are Solvent on a consolidated basis and (b) no Designated Borrower is subject to any proceeding under any Debtor Relief Laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There shall be deducted from each payment made under the Plan or Trust or any other Compensation payable to the Participant (or Beneficiary) all taxes which are required to be withheld by the Company in respect to such payment or this Plan. The Company shall have the right to reduce any payment (or Compensation) by the amount of cash sufficient to provide the amount of said taxes.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: (i) Promptly upon request by the Administrative Agent, or any Lender Party through the Administrative Agent, correct, and cause each Loan Party to promptly correct, any material defect or error that may be discovered in any Loan Document or in the execution, acknowledgment, filing or recordation thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Subject to the express provisions of this Agreement which require, or permit, differing payments to be made to Non-Defaulting Lenders as opposed to Defaulting Lenders, and other than with respect to any substituted Lender in accordance with Section 2.22 or as required or permitted under Section 2.20, 9.6(i) or 9.21, if any Lender (a “ Benefited Lender ”) shall at any time receive any payment of all or part of the Obligations owing to it, or receive any collateral in respect thereof (whether voluntarily or involuntarily, by set-off, pursuant to events or proceedings of the nature referred to in Section 7(f), or otherwise), in a greater proportion than any such payment to or collateral received by any other Lender, if any, in respect of the Obligations owed to such other Lender, such Benefited Lender shall purchase for cash from the other Lenders a participating interest in such portion of the Obligations owed to each such other Lender, or shall provide such other Lenders with the benefits of any such collateral, as shall be necessary to cause such Benefited Lender to share the excess payment or benefits of such collateral ratably with each of the Lenders; provided , however , that (i) if all or any portion of such excess payment or benefits is thereafter recovered from such Benefited Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest, and (ii) the provisions of this Section 9.7 shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans or Commitments to any assignee or participant, other than to the Borrower or any of its Subsidiaries or Affiliates (as to which the provisions of this Section 9.7 shall apply), made pursuant to and in accordance with the express provisions of this Agreement. The Borrower expressly consents to the foregoing arrangements and agrees that any Lender holding a participation in a Loan or Reimbursement Obligation deemed to have been so purchased may exercise any and all rights of banker’s lien, setoff or counterclaim with respect to any and all moneys owing by the Borrower to such Lender by reason thereof as fully as if such Lender had made a Loan directly to the Borrower in the amount of such participation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: significant injuries. ¶ 19. The photographs of Hicks’s injuries, however, show that he had only minor scratches following the attack on his mother. The evidence at trial contradicts his testimony that he acted in self-defense. Hicks testified that he did not hit his mother with the ironing board; rather, he had only tried to push her away with it. Hicks testified that when he left his mother in the house after the attack, she just had “a few nicks” on her. The photographs and testimony contradict both of those claims. Further, Officer Kufel testified that when he went to the crime scene to photograph it and to gather evidence, he did not find a steak knife. ¶20. An officer is allowed to describe his first-hand observations of injuries. See Seal v. Miller, 605 So.2d 240, 244 (Miss.1992) (<HOLDING>). However, officers may not give expert Options: A. holding that a written statement could not be regarded as an affidavit sufficient in law for any purpose because it was not sworn to by any one or before any officer B. holding that attorneys testimony was not relevant to any issues contained in the appellants pleadings and that the appellant had failed to demonstrate that the attorneys testimony could not be gained from any other witness or source C. holding that testimony from an officer that she did not perceive any evidence to indicate that a car had spun before hitting a pole did not require any special expertise or skill it was enough that the witness had firsthand knowledge of what was present at the scene D. holding that judgment as a matter of law was proper when the plaintiff did not present any evidence that the defendant was motivated by the eeoc complaint knowledge is necessary to establish causation but it is not sufficient E. holding that the plaintiff had failed to produce sufficient evidence to establish constructive notice because the plaintiff did not present any evidence to establish that the oil was on the floor for any length of time

assistant: The best answer is C. holding that testimony from an officer that she did not perceive any evidence to indicate that a car had spun before hitting a pole did not require any special expertise or skill it was enough that the witness had firsthand knowledge of what was present at the scene
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: between the employment and the injury, while "in the course of” refers to the time, place, and circumstances under which the injury occurred. Id. The test we articulate today takes into consideration the nuances of each of these phrases. 3 . In Haugen, a police officer incurred a back injury while weight lifting at home during his off-duty hours. The injured officer was following a self-designed exercise program in order to meet the physical fitness requirements provided in the job specifications for police officers. Based on the reasoning quoted above, the court held that the officer’s injury was not compensable because it did not occur in the course of or arise from the officer’s employment. See also Meeks v. Eddy County Sheriff’s Dep't, 118 N.M. 643, 646, 884 P.2d 534, 537 (App.) (<HOLDING>), cert. denied, 118 N.M. 731, 885 P.2d 1325 Options: A. holding that the debtors knowing act of failing to obtain workers compensation insurance so that the employer owed an employee a debt after the employee suffered a workplace injury was not the sort of willful and malicious injury required for nondischargeability under 523a6 because it cannot not be said that the employer intended for the employee to suffer a fall or that there was an unbroken chain of events leading from the employers intentional act to the employees physical injury B. holding that when an employee suffers an injury from an unexplained fall while the employee is on the job and performing the duties of his employment that injury is eligible for compensation under the workers compensation act C. holding that a schoolteacher elected by the school board was an employee not an official and therefore entitled to benefits under the workers compensation act D. holding that a judge was not entitled to absolute immunity for firing an employee E. holding that an employee was not entitled to compensation for suffering an injury from selfdirected offduty athletic activity

assistant: The best answer is E. holding that an employee was not entitled to compensation for suffering an injury from selfdirected offduty athletic activity
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: findings and deliberations are not exempt from discovery ... unless they specifically concern the health care provided a patient.” Id. (interpreting section 537.085.4 discovery limitation on peer review documents). The qualifying language used in the various provisions of section 537.035 suggests to us that the legislature has limited a cause of action based on actions taken in reliance on a peer review committee, but has not abrogated it. See Larson v. Wasemiller, 738 N.W.2d 300, 304, 311 (Minn.2007). Research Belton concedes that it “has never [alleged] that it has actual immunity under section 537.035.” Thus, dismissal was not justified for failure to state a claim upon which relief may be granted based on this statute. See Edwards v. Gerstein, 237 S.W.3d 580, 582 (Mo. banc 2007) (<HOLDING>). Sufficiency of the Petition Research Belton Options: A. recognizing that absolute immunity is immunity from charges of either constitutional or statutory violations B. holding that qualified immunity is not merely immunity from damages but also immunity from suit C. holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted D. holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine E. holding trial court improperly granted dismissal on ground of immunity because the defendant had qualified statutory immunity rather than absolute immunity

assistant: The best answer is E. holding trial court improperly granted dismissal on ground of immunity because the defendant had qualified statutory immunity rather than absolute immunity
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 supported by and entirely consistent with our recent decision in Patel v. State, supra, where we held violative of OCGA § 17-8-57 a trial court’s statement before jurors that “[v]enue is proper in Fayette County.” Although the trial court in the instant case did not specifically reference “venue” in its statement, we find no substantive difference between a court’s statement that “[v]enue is proper in Fayette County” and a statement that the crime “happened in Muscogee County.” Both statements inform or intimate to the jury the trial court’s opinion as to a critical element of the State’s case, thereby potentially influencing jurors in their evaluation of whether the State has met its burden of proof at trial. See also State v. Anderson, 287 Ga. 159, 161 (695 SE2d 26) (2010) (<HOLDING>). The State asserts that reversal is not Options: A. holding that trial courts question whether venue had been established and questioning of a witness as to the location of the crime followed by the comment i just wanted to make sure constituted an improper expression of opinion that venue had in fact been proven B. holding that if a modification petition is filed in a county where venue is appropriate it is improper to transfer the venue to another county merely because venue also would have been proper in the other county however once an enforcement proceeding is undertaken in an appropriate venue venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings C. holding that where a defendant if given the opportunity to renew a motion for a change of venue immediately prior to trial but fails to do so the right to challenge venue is waived D. holding that the failure of three defendants to object to venue did not waive a fourth defendants objection and therefore affirming the trial courts decision to transfer venue E. holding that even if venue was improper the case should have been transferred not dismissed

assistant: The best answer is A. holding that trial courts question whether venue had been established and questioning of a witness as to the location of the crime followed by the comment i just wanted to make sure constituted an improper expression of opinion that venue had in fact been proven
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: 8.) 4 . Defendants filed a Suggestion of Mootness [Doc. # 77] on June 6, 2000. Attached is the Affidavit of David C. Lanier. Mr. Lanier is the registrar at UNC, and he testifies that Ms. Jennings has graduated from UNC. (Lanier Aff. ¶ 3.) Plaintiffs have not responded. Under Federal Rule of Civil Procedure 12(b)(1), courts can look beyond the pleadings to determine a matter on standing. Smith v. Washington Metropolitan Area Transit Authority, 290 F.3d 201, 205 (4th Cir.2002). Only Federal Rule of Civil Procedure 12(b)(6) converts to a summary judgment when additional evidence is examined. Id. 5 . If preemption is found, Plaintiffs will be precluded from suing officials in their individual capacities under Title IX. See Kinman v. Omaha Pub. Sch. Dist., 171 F.3d 607, 611 (8th Cir. 1999) (<HOLDING>). 6 . The Supreme Court recognizes that Federal Options: A. holding title ix does not support an action against official in an individual capacity B. holding that in a bivens action service upon employee in his official capacity does not amount to service in his individual capacity C. holding that a claim for damages exists in an action to enforce title ix D. holding that a claim for retaliation does not lie under title ix E. holding that the doctrine of qualified immunity does not protect a government official who is sued in an official capacity under title vii because title vii does not impose personal liability

assistant: The best answer is A. holding title ix does not support an action against official in an individual capacity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Except to the extent that this Agreement or a court order expressly provides for payments to be allocated to a particular Lender, if any Lender (a “ Benefitted Lender ”) shall receive any payment of all or part of the Obligations owing to it (other than in connection with an assignment made pursuant to Section 11.6), in a greater proportion than any such payment received by any other Lender, if any, in respect of the Obligations owing to such other Lender, such Benefitted Lender shall purchase for cash from the other Lenders a participating interest in such portion of the Obligations owing to each such other Lender as shall be necessary to cause such Benefitted Lender to share the excess payment ratably with each of the Lenders; provided , however , that if all or any portion of such excess payment or benefits is thereafter recovered from such Benefitted Lender, such purchase shall be rescinded, and the purchase price and benefits returned, to the extent of such recovery, but without interest; provided further that to the extent prohibited by applicable law as described in the definition of “Excluded Swap Obligation,” no amounts received from, or set off with respect to, any Guarantor shall be applied to any Excluded Swap Obligations of such Guarantor.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the extent ITT seeks contribution for reimbursement costs, it is clearly limited to a § 113(f) claim, and this § 113(f) claim is barred by the statute of limitations. ITT, 506 F.3d at 459 n. 3 (“We note that Plaintiff did, in fact, concede before the district court that its § 113 contribution claim with respect to the NBIA Site is time-barred.”). Accordingly, the issue in this motion is whether ITT, who engaged in work at the site pursuant to a consent decree, can rec a party expends funds for cleanup solely due to the imposition of liability under an administrative or court order or final judgment, it has not in fact, incurred, necessary costs of response within the meaning of section 107(a)”); United Techs. Corp. v. Browning-Ferris Indus., 33 F.3d 96, 102 (1st Cir.1994) (<HOLDING>); Akzo Coatings, Inc. v. Aigner Corp., 30 F.3d Options: A. holding that investigatory costs are considered costs of response under cercla B. recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs C. holding that the term contribution as used in 113 covers parties disproportionate payments of firstinstance costs as well as parties disproportionate payments of reimbursed costs D. holding that the costs of computerized research should be characterized not as taxable costs but as attorneys fees E. holding attorney fees not allowable as costs

assistant: The best answer is C. holding that the term contribution as used in 113 covers parties disproportionate payments of firstinstance costs as well as parties disproportionate payments of reimbursed costs
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 Laughlin Steel, 301 U.S. at 22, 57 S.Ct. 615 (NLRB order concerning unfair labor practices at a steel mill directly affected interstate commerce). In other instances, “the regulation can reach intrastate commercial activity that by itself is too trivial to have a substantial effect on interstate commerce but which when aggregated with similar and related activity, can substantially affect interstate commerce.” United States v. Ho, 311 F.3d 589, 599 (5th Cir.2002); see also Wickard v. Filburn, 317 U.S. 111, 127-28, 63 S.Ct. 82, 87 L.Ed. 122 (1942). As an initial matter, the panel correctly determined, unlike other courts, that the “regulated activity” under the ESA is Cave Species takes, not the appellants’ planned commercial development of the land. GDF Realty, 326 F.3d at 633-34 (<HOLDING>) (citing Jones and Laughlin Steel, 301 U.S. at Options: A. holding that regulation of unfair labor practices in mining regulated production not commerce B. recognizing that navigable waters railroads and highways are channels of commerce which can be regulated under congress commerce powers C. holding that dormant commerce clause complaint by instate resident against municipality failed on merits because challenged rule regulated evenhandedly and did not burden interstate commerce D. holding that the statute as applied violates the commerce clause E. recognizing that looking beyond the regulated activity would effectually obliterate the limiting purpose of the commerce clause

assistant: The best answer is E. recognizing that looking beyond the regulated activity would effectually obliterate the limiting purpose of the commerce clause
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 Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural person or Holdings, the Borrower or any of their Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C-BA Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party hereto agrees to execute and deliver, by the proper exercise of its corporate, limited liability company, partnership or other powers, all such other and additional instruments and documents and do all such other acts and things as may be necessary to more fully effectuate this Agreement.

assistant: Further Assurances
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: concluded its regular meeting. While this may be an exacting and literal application of the Open Meetings Act and its definitions to the evidence at bar, same is required of us by the Texas Supreme Court even though we may not favor it. Acker v. Texas Water Com’n, 790 S.W.2d at 300. 2. July 7, 1998 Meeting — Failure to Provide Adequate Notice Next, Gardner contended that a fact question existed concerning whether proper notice of a topic to be discussed at the July 7, 1998 meeting was given as required by the Open Meetings Act. See Tex. Gov.Code Ann. § 551.041 (stating that a governmental body shall give written notice of the date, hour, place, and subject of each meeting held by the governmental body); Cox Enterprises, Inc. v. Board of Trustees, 706 S.W.2d 956, 959-60 (Tex. 1986) (<HOLDING>). The topic complained of involved an amendment Options: A. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract B. holding that the disclosure is a public disclosure within the meaning of the fca if the the prior public disclosure contained enough information to enable the government to pursue an investigation against the defendant C. holding that the open meetings act requires full disclosure of the subject matter of the meetings D. holding that there was no federal subject matter jurisdiction under the private cause of action provision of the act E. holding that the offense requires that the return be false as to a material matter

assistant: The best answer is C. holding that the open meetings act requires full disclosure of the subject matter of the meetings
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, 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 with the exception of the Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2017 and the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2018 which were not filed timely but have been subsequently filed. As of their respective dates, 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. The Company has never been an issuer subject to Rule 144(i) under the Securities Act. 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 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 legal provision and list the applicable contract clause categories. Provision: At the time of any tax withholding event under the Plan, the Participant shall make adequate provision for the Tax-Related Items withholding obligations, if any, of the Company and/or the applicable Designated Subsidiary which arise upon such tax withholding event. The Company and/or applicable Designated Subsidiary may, but shall not be obligated to, withhold from the Participant’s compensation the amount necessary to meet such withholding obligations, or may use any other method of withholding they deem appropriate and take such other action as may be necessary to satisfy withholding and/or reporting obligations for Tax-Related Items.

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: outpatient care for Campbell and filed a certificate with the trial court. After receiving this certificate, the trial court conducted a hearing before the expiration of the commitment order, to determine if Campbell continues to meet the criteria for involuntary commitment and whether the trial court should order Campbell to participate in a prescribed regimen of medical, psychiatric, or psychological care or treatment on an outpatient basis. The hearings that resulted in the June 30, 2003 commitment order were conducted under article 46.03, section 4(d)(5). Under the unambiguous language of this statute, the trial court must conduct these hearings “pursuant to the provisions of the Mental Health Code.... ” Tex.Code Crim. Proc. art. 46.03, § 4(d)(5); Campbell, 85 S.W.3d at 181 (<HOLDING>). The Texas Supreme Court already has decided Options: A. holding that texas legislature has no police power to violate article i section 16 of the texas constitution because section 29 emphatically and unambiguously excepts this power from the powers of the government of the state of texas B. holding that article 4603 section 4d5 hearing was required to be conducted pursuant to the texas mental health code C. recognizing a constitutional right of privacy in mental health records D. recognizing counsels ability to waive statutory right to a mental health hearing E. holding 574032 574035 and 574036 applied to one of campbells prior hearings under article 4603 section 4d5

assistant: The best answer is B. holding that article 4603 section 4d5 hearing was required to be conducted pursuant to the texas mental health code
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 trial court to hold a hearing on the issue of a defendant's absence at trial in order to allow the defendant to rebut the initial presumption of waiver. In support of this position, he cites Willis, 525 N.E.2d 610. In Ellis, the defendant failed to appear for trial, and the trial court later questioned him, without his attorney present, about the reason for his absence. Another panel of this court ordered a new hearing regarding the defendant's absence at trial, finding that "Ellis was entitled to a hearing affording him an opportunity to explain his absence," and that it was a critical stage of the proceedings at which he was entitled to representation. Id. at 612. In support of its conclusion, this Court cited Gilbert v. State, 182 Ind.App. 286, 290, 395 N.E.2d 429, 482 (1979) (<HOLDING>). Holtz argues that this Court's position in Options: A. holding that before an error can be held harmless the reviewing court must be satisfied beyond a reasonable doubt that the error did not contribute to the defendants conviction B. holding that reviewing court may consider trial evidence in reviewing denial of motion to suppress C. holding that a reviewing court is not to substitute its decision for that of the board D. holding that a reviewing court has an obligation to satisfy itself of the jurisdiction of the court below E. holding that for reviewing court to look solely at the facts initially before the court regarding defendants absence would be patently unfair

assistant: The best answer is E. holding that for reviewing court to look solely at the facts initially before the court regarding defendants absence would be patently unfair
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: Executive will be employed under this Agreement until December 31, 2017 (“Agreement Term”), unless Executive’s employment is terminated earlier pursuant to Section 7 . Thereafter, the Agreement will automatically renew for additional periods of one year (“Renewal Term(s)”), unless on or before August 31, 2017 (or August 31 of any Renewal Term), either Executive or the Company notifies the other in writing that it wishes to terminate employment under this Agreement at the end of the term then in effect. If, pursuant to the foregoing, the Company notifies the Executive that it wishes to terminate employment under this Agreement at the end of the term then in effect, such termination of employment shall be treated as a termination without cause by the Company, and the provisions of Section 7(c) shall apply.

assistant: Terms