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: underinsured vehicle. [¶ 6] The Bowdens’ policy complies with Maine’s underinsured vehicle statute, which defines an “underinsured motor vehicle” as “a motor vehicle for which coverage is provided, but in amounts less than the minimum limits for bodily injury liability insurance provided for under the motorist’s financial responsibility laws of this State or less than the limits of the injured party’s uninsured vehicle coverage.” 24-A M.R.S.A. § 2902(1) (2000). The Bowdens suggest that this language means that only the insurance that covers the vehicle itself is used as a comparison with the injured party’s underinsured vehicle coverage limits, or that the policies covering each individual must be separately compared against the Bowdens’ underinsured vehicle policy 1276-77 (Me.1991) (<HOLDING>); Connolly v. Royal Globe Ins. Co., 455 A.2d Options: A. holding that under the plain and obvious meaning of the uim statute a prerequisite to the term underinsured motor vehicle is the existence of bodily injury liability insurance coverage which is less than the liability for damages imposed by law and where no such coverage existed tortfeasor was not underinsured under the statute but rather uninsured concluding that terms underinsured and uninsured are mutually exclusive as applied to the same motor vehicle and the combination of these two coverages by the insured was contrary to legislative intent B. recognizing that policy determines duty C. holding that the insurance applicable to the tortfeasors vehicle must be compared to the underinsured vehicle policy limits to determine whether a vehicle is underinsured D. holding that the amount of coverage determines whether a vehicle is underinsured E. holding section 3877160 clearly limits the amount of coverage which may be stacked from policies on vehicles not involved in the accident to an amount no greater than the coverage of the vehicle involved in that accident

assistant: The best answer is D. holding that the amount of coverage determines whether a vehicle is underinsured
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 probable cause. Greene’s assertion that Houston had no personal, “first-hand” knowledge of the location of the stolen property is immaterial. Rather, the appropriate inquiry is whether the information in Lt. Hiller’s affidavit established a substantial basis for a finding by the magistrate that there was probable cause that the stolen property would be found at 2139/2141 Ashland. See Davidson, 936 F.2d at 859. Here, the perpetrator of the crime, under direct questioning from the affiant, stated that his partner (Arnold) disposed of the stolen property at 2139/2141 Ashland. Moreover, Lt. Hiller also averred that he had personal knowledge that stolen property was located at that dwelling. Such information is enough to support a finding of probable cause. Cf. Allen, 211 F.3d at 971-72 (<HOLDING>). Greene next argues that information from the Options: A. holding inter alia that experienced officers observations that the defendant was under the influence of either methamphetamine or cocaine did not by itself establish probable cause to believe that the defendant had committed a crime B. holding that a smell associated with pcp was enough to establish probable cause C. holding statement by unidentified confidential informant with no connection to the crime observing possession of cocaine enough to establish probable cause D. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute E. recognizing possession of cocaine as a lesserincluded offense of possession of cocaine with intent to sell

assistant: The best answer is C. holding statement by unidentified confidential informant with no connection to the crime observing possession of cocaine enough to establish probable cause
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 anything to the contrary in this Agreement, Manager shall have no obligation to perform any of its obligations under this Agreement during any period to the extent the performance of such obligations is (i) prohibited under Applicable Law or (ii) prohibited, suspended or enjoined by any court of competent jurisdiction or other Governmental Authority, unless such prohibition, suspension or injunction shall have been stayed pending appeal.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the seller—as if it were its own cause of action. Lehman XS Trust, Series 2006-4N, by U.S. Bank Nat’l Ass’n v. Greenpoint Mortg. Funding, Inc., 991 F.Supp.2d 472, 478 (S.D.N.Y.2014). The same is true under Delaware law. In Delaware, a claim accrues at the time of the alleged unlawful act, not when the plaintiff suffers an injury. Wal-Mart Stores, Inc. v. AIG Life Ins. Co., 860 A.2d 312, 319 (Del.2004). Thus, if a contract imposes repurchase or cure obligations on the seller and the seller fads to repurchase or cure on demand, the claim would still accrue as soon as the defendant breaches the underlying representations and warranties. See, e.g., Cent. Mortg. Co. v. Morgan Stanley Mortg. Capital Holdings LLC, No. 5140-CS, 2012 WL 3201139, at *6, *17 (Del.Ch. Aug. 7, 2012) (unpublished) (<HOLDING>). 2. Lehman Holdings’ claims accrued when the Options: A. holding that the date on which the plaintiff learned of the defendants denial of tenure not the date on which the plaintiff became unemployed was when the statute of limitations began to run B. holding that when the representations and warranties were made on the date of closing the statute of limitations began to run on that date even though the contract imposed cure and repurchase obligations on the defendant C. recognizing that the statute of limitations for a survival action began to run on the date of the decedents injury as though he was bringing his own lawsuit D. holding that limitations began to run when the defendant began wrongfully discharging water containing harmful chemicals on the plaintiffs land and not on the date when the extent of the damages to the land were fully ascertainable E. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered

assistant: The best answer is B. holding that when the representations and warranties were made on the date of closing the statute of limitations began to run on that date even though the contract imposed cure and repurchase obligations on the defendant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During Executive’s employment hereunder, the Company shall also provide Executive with the health insurance benefits it generally provides to its other senior management employees. As Executive becomes eligible in accordance with criteria to be adopted by the Company, the Company shall provide Executive with the right to participate in and to receive benefit from life, accident, disability, medical, and savings plans and similar benefits made available generally to employees of the Company as such plans and benefits may be adopted by the Company. With respect to long-term disability insurance coverage, the Executive will pay all premiums for such coverage with after-tax dollars, and the Company will reimburse the Executive for the premium costs so paid by the Executive, which reimbursement benefit shall be taxable income, subject to withholding. The amount and extent of benefits to which Executive is entitled shall be governed by the specific benefit plan as it may be amended from time to time. With respect to personal financial and tax planning expenses incurred by Executive (the “Financial Planning Expenses”), the Company will reimburse the Executive for Financial Planning Expenses incurred by the Executive during the 2015 calendar year and each calendar year thereafter, up to a maximum reimbursement benefit of $3,000 each calendar year, which reimbursement benefit shall be taxable income, subject to withholding. Such Financial Planning Expenses shall be reimbursed and accounted for under the expense reimbursement policies and procedures established by the Company (the “Expense Reimbursement Policy”), subject to Executive’s timely provision of adequate records and other documentary evidence of having incurred such Financial Planning Expenses in accordance with the terms of the Expense Reimbursement Policy; such reimbursement shall be made promptly, but in no event later than December 31 of the calendar year following the year in which such Financial Planning Expenses were incurred by Executive.

assistant: Benefits
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 Partnership and the Participant intend that (i) the LTIP Units be treated as a “profits interest” as defined in Internal Revenue Service Revenue Procedure 93-27, as clarified by Revenue Procedure 2001-43, (ii) the issuance of such units not be a taxable event to the Partnership or the Participant as provided in such revenue procedure, and (iii) the Partnership Agreement, the Plan and this Agreement be interpreted consistently with such intent. In furtherance of such intent, effective immediately prior to the issuance of the LTIP Units, the Partnership may revalue all Partnership assets to their respective gross fair market values, and make the resulting adjustments to the “Capital Accounts” (as defined in the Partnership Agreement) of the partners, in each case as set forth in the Partnership Agreement. The Company, the Partnership or any Subsidiary may withhold from the Participant’s wages, or require the Participant to pay to such entity, any applicable withholding or employment taxes resulting from the issuance of the Award hereunder or from the ownership or disposition of the LTIP Units.

assistant: Taxes
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: are not recordings of “oral communications” and shall be turned over to Plaintiffs and Defendants for purposes of this litigation. III. 18 U.S.C. § 2517(3) ■ Although the Court has held that the face to face recordings are not recordings of “oral communications,” the issue remains whether the interception of telephone calls by Whitacre may also be disclosed in this litigation. In Briggs, supra, the Fifth Circuit stated that a telephone conversation is a “wire communication” as that term is defined in 18 U.S.C. § 2510(1). Briggs, 630 F.2d at 417. Such communications are protected against interception by electronic, mechanical, or other devices regardless of the speaker’s expectation of privacy. See id. at 417 n. 4; see also United States v. Harpel, 493 F.2d 346, 349 (10th Cir.1974) (<HOLDING>). Accordingly, the Court’s preceding Options: A. holding that the defendant had a reasonable expectation of privacy in a telephone booth B. holding that a person does not have a reasonable expectation of privacy with regard to physical characteristics which he or she routinely exposes to public view C. recognizing lack of requirement to prove reasonable expectation of privacy with regard to intercepted wire communications D. holding that this lack of any reasonable expectation of continued employment suffices to establish the lack of property in the constitutional sense and hence the lack of a viable due process claim E. holding that society recognizes a reasonable expectation of privacy

assistant: The best answer is C. recognizing lack of requirement to prove reasonable expectation of privacy with regard to intercepted wire communications
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 noted, all references to Sections herein are to Sections of this Agreement. The titles, captions and headings of this Agreement are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.

assistant: Titles
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: ability to offer both under the residual exception. 39 M.J. 158. In Farley, which involved theories of admissibility identical to the present case, the U.S. Court of Appeals for the 10th Circuit would have admitted a child/victim’s out-of-court statements to a psychologist under the medical diagnosis and treatment exception, albeit on alternate grounds, in addition to the child’s statements to her mother under the residual exception. 992 F.2d at 1125. In Spotted War Bonnet, the Court of Appeals for the 8th Circuit held that extra-judicial statements made by both ehildren/victims to a state social worker and to a clinical psychologist at different times were admissible under the residual exception even though both victims testified at trial. 882 F.2d at 1363-64. See also Clark (<HOLDING>); United States v. Dunlap, 25 M.J. 89 Options: A. holding heroin overdose victims statement to police identifying her source admissible under residual exception in addition to admission by accused that he had supplied victim B. holding childvictims statement to police investigator admissible under residual exception as well as identical corroborating statement to babysitter C. holding ehildvictims testimony at pretrial investigation admissible under residual exception in addition to doctors testimony under medical treatment exception D. holding statement by childvictim to teachers aide admissible under residual exception in addition to statements to school nurse and pediatrician under medical treatment exception E. holding childvictims statement to babysitter admissible un der residual exception in addition to statement to physician under medical treatment exception

assistant: The best answer is E. holding childvictims statement to babysitter admissible un der residual exception in addition to statement to physician under medical treatment exception
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: 652, (Tex.App.Waco 1993, writ denied); see also Ex parte Threet, 160 Tex. 482, 333 S.W.2d 361, 364 (1960) (evidence that couple was introduced as husband and wife to a few friends was no evidence that they held themselves out as married). Whether the evidence is sufficient to establish that a couple held themselves out as husband and wife turns on whether the couple had a reputation in the community for being married. Eris, 39 S.W.3d at 715; see also Danna v. Danna, No. 05-05-00472-CV, 2006 WL 785621, at ⅜1 (Tex.App.-Dallas Mar. 29, 2006, no pet.) (mem. op.) (a “couple’s reputation in the community as being married is a significant factor in determining the holding[-]out element”), quoted in Smith v. Deneve, 285 S.W.3d 904, 910 (Tex.App.Dallas 2009, no pet.); Giessel, 734 S.W.2d at 31 (<HOLDING>). Proving a reputation for being married Options: A. holding that police did not enjoy qualified immunity for a period where they acknowledged that plaintiff had to be released but nevertheless kept him handcuffed B. holding that couple held themselves out as married when they had reputation in community for being married even though they had kept marriage secret from a few family members C. holding that the defendants statement in an application for citizenship that he had only been married once was false even if the second marriage had been a nullity because it was bigamous D. holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage E. holding that samesex partners who would have chosen to marry before a childs birth had they been permitted to are entitled to a statutory presumption of parentage that otherwise conferred benefits only upon a married spouse

assistant: The best answer is B. holding that couple held themselves out as married when they had reputation in community for being married even though they had kept marriage secret from a few family members
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: you understand and agree that the company may collect and use technical data and related information , including , but not limited to , data from audio files resident on your device ( e.g. , we may scan sound recordings for metadata ) , your device 's udid , and other technical information about your device , system and application software , and peripherals , that is gathered periodically to facilitate the provision of software updates , product support and other services , such as the audible magic content identification feature , to you related to the service .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made by the Borrowers shall be made free and clear of and without condition or deduction for any counterclaim, defense, recoupment or setoff. Except as otherwise expressly provided herein, all payments by the Borrowers hereunder shall be made to the Administrative Agent, for the account of the respective Term Lenders to which such payment is owed, at the Administrative Agent's Office in Dollars and in immediately available funds not later than 1:00 p.m. Eastern time on the date specified herein. The Administrative Agent will promptly distribute to each Term Lender its Applicable Percentage (or other applicable share as provided herein) of such payment in like funds as received by wire transfer to such Term Lender's Lending Office. All payments received by the Administrative Agent after 1:00 p.m. Eastern time shall be deemed received on the next succeeding Business Day and any applicable interest or fee shall continue to accrue. If any payment to be made by the Borrowers shall come due on a day other than a Business Day, payment shall be made on the next following Business Day (unless otherwise provided herein), and such extension of time shall be reflected in computing interest or fees, as the case may be.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties contained in Section 2.1 (Organization and Power) , Section 2.2 (Authorization; Capacity of Individual Sellers) , Section 2.3 (Non-Contravention) , Section 2.7 (Assets) , Section 2.13 (Intellectual Property) , Section 2.19 (Tax Matters) , Section 2.20 (Environmental Matters) , Section 3.1 (Organization, Power and Authority) , and Section 3.2 (Authorization; No Breach) (collectively, the “ Fundamental Representations ”) shall survive the Closing for the maximum time-period permissible pursuant to any applicable statute of limitations for claims or counterclaims arising from or relating to alleged facts that would constitute a breach of the applicable Fundamental Representation. Covenants that require performance after the Closing shall survive until fully performed; provided , however , that such expiration shall not affect the Parties’ rights and obligations as to any claims asserted prior to such time. Other than the Fundamental Representations, all of the other representations and warranties of the Parties made pursuant to this Agreement or in the Transaction Documents shall survive for eighteen (18) months following the Closing; provided , however , that such expiration shall not affect the Parties’ rights and obligations as to any claims asserted prior to such time. An Indemnified Party may not assert any new claim for indemnification with respect to a representation of a Party hereto after the relevant survival period has expired.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, requests, demands, claims and other communications hereunder shall be in writing and shall be deemed given if delivered by hand delivery, by certified or registered mail (first class postage pre-paid), guaranteed overnight delivery or facsimile transmission if such transmission is confirmed by delivery by certified or registered mail (first class postage pre-paid) or guaranteed overnight delivery to, the following addresses and telecopy numbers (or to such other addresses or telecopy numbers which such party shall designate in writing to the other parties): (a) if to Company, at its principal executive offices, addressed to the President, with a copy to Martin T. Schrier, Cozen O’Connor, 200 South Biscayne Blvd., Suite 4410, Miami, Florida 33131; and (b) if to Executive, at the address listed on the signature page hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents constitute the entire contract among the parties relating to the subject matter hereof and thereof, and supersede any and all previous agreements and understandings, oral or written, relating to the matter hereof. There are no promises, undertakings, representations or warranties by the Administrative Agent or any Lender relative to subject matter hereof and thereof not expressly set forth or referred to herein or in the other Loan Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit (or the amendment, renewal or extension of an outstanding Letter of Credit), the Borrower shall hand de-liver deliver or telecopy (or transmit by electronic communication, if arrangements for doing so have been approved by the Issuing Lender and the Administrative Agent) to the Issuing Lender and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment, renewal or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, renewed or extended, and specifying the date of issuance, amendment, renewal or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with paragraph (d) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend, renew or extend such Letter of Credit. If requested by the Issuing Lender, the Borrower also shall submit a letter of credit application on the Issuing Lender’s standard form in connection with any request for a Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application or other agreement submitted by the Borrower to, or entered into by the Borrower with, the Issuing Lender relating to any Letter of Credit, the terms and conditions of this Agreement shall control.

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 case excerpt and choose the best holding from the options. Case excerpt: pursuit of a court action to enforce the resulting agreement, without violating the Act.” Id. at 260. Several circuit cases have held that interest arbitration clauses survive the expiration of section 8(f) collective bargaining agreements, and the interest arbitration awards have been enforced in those cases. See Sheet Metal Workers Local 20 v. Baylor Heating and Air Conditioning, Inc., 877 F.2d 547, 556 (7th Cir.1989) (enforcing interest arbitration award even though employer refused to negotiate and the col lective bargaining agreement had expired), abrogated on other grounds by International Union of Operating Eng’rs, Local 150 v. Rabine, 161 F.3d 427, 430 (7th Cir.1998); Sheet Metal Workers’ Int’l Ass’n, Local 206 v. R.K. Burner Sheet Metal, Inc., 859 F.2d 758, 762 (9th Cir.1988) (<HOLDING>); Sheet Metal Workers Local 57 Welfare Fund v. Options: A. holding that collective bargaining agreements cannot compel the arbitration of statutory rights B. holding that when plaintiff sought arbitration and neither the award nor the arbitration agreement mentioned interest the plaintiff was not entitled to preaward interest C. holding that interest arbitration clauses survive the expiration of a collective bargaining agreement and rejecting the argument that contractual interest arbitration obligations are canceled by the absence of a statutory duty to bargain D. holding that notwithstanding the expiration of the original labor contract the employer was bound by a renewal contract issued by the arbitration panel according to the interest arbitration clause E. holding that the claim accrued after the employer denied a request for arbitration as untimely under the collective bargaining agreement

assistant: The best answer is C. holding that interest arbitration clauses survive the expiration of a collective bargaining agreement and rejecting the argument that contractual interest arbitration obligations are canceled by the absence of a statutory duty to bargain
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the performance of the Executive Duties, the Executive shall be entitled to receive an annual base compensation during the Employment Period at the rate of Five Hundred Thousand U.S. Dollars (USD$500,000) per year (the “ Base Salary ”). During the Employment Period, the Board (or a committee thereof) may, at its sole discretion, additionally increase (but not decrease) the Base Salary. No additional compensation shall be payable to the Executive by reason of the number of hours worked or any hours worked on Saturdays, Sundays or holidays, by reason of special responsibilities assumed (whether on behalf of the Company or any of its subsidiaries or affiliates), special projects completed, or otherwise. All Base Salary payable hereunder shall be payable in accordance with the Company’s regular payroll practices ( e.g ., timing of payments and standard employee deductions, such as income and employment tax withholdings).

assistant: Base Salary
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 execution, delivery and performance by the Company of this Agreement and the other Transaction Documents, the issuance and sale of the Securities and the consummation by it of the transactions contemplated hereby and thereby to which it is a party do not and will not: (i) conflict with or violate any provision of the Company’s or any Subsidiary’s certificate or articles of incorporation, bylaws or other organizational or charter documents, (ii) conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or any Subsidiary, or give to others any rights of termination, amendment, acceleration, adjustment, exchange, reset, exercise or cancellation (with or without notice, lapse of time or both) of, any agreement, credit facility, debt, equity or other instrument (evidencing Company or Subsidiary equity, debt or otherwise) or other understanding to which the Company or any Subsidiary is a party or by which any property or asset of the Company or any Subsidiary is bound or affected, or (iii) conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or a Subsidiary is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company or a Subsidiary is bound or affected; except in the case of each of clause (iii), such as would not reasonably be expected to result in a Material Adverse Effect.

assistant: No Conflicts
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 Option Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the internal laws, and not the laws pertaining to conflicts or choices of laws, of the State of Delaware applicable to agreements made and to be performed wholly within the State of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No use of the pipelines, facilities or equipment used in connection with this Contract, shall be construed as having been dedicated to public use, and it is hereby acknowledged by the Parties that the owner of any pipelines used to transport Fuel under this Contract retains the rights to determine who, other than the Parties under the terms of this Contract, shall use said pipelines, facilities, and equipment. If any action is taken or threatened by any Governmental Authority to declare the usage herein granted to either Party a public use, then and in that event, the Parties shall enter into good faith negotiations to restructure and restate the Contract provided that such restructuring and restatement does not increase the charges that Hawaiian Electric is obligated to pay hereunder. In the event that the Parties are unable to agree to any such restructuring within forty (40) days after the commencement of negotiations, either Party will have the right to terminate this Contract effective ninety (90) days’ after giving written notice of termination to the other Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and the Indemnitee each hereby irrevocably consent to the jurisdiction of the appropriate state or federal courts located in Salt Lake County, Utah for all purposes in connection with any action or Proceeding which arises out of or relates to this Agreement.

assistant: Consent To 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 case excerpt and choose the best holding from the options. Case excerpt: or to show any legal cause why sentence should not be imposed." Utah R.Crim. P. 22(a). Based on "both the plain language of rule 22 and the approach of other jurisdictions with similar rules," our supreme court has explained that "the 'shall afford language requires trial courts to affirmatively provide the defense an opportunity to address the court and present reasonably reliable and relevant information in the mitigation of a sentence." State v. Wanosik, 2003 UT 46, ¶23, 79 P.3d 937. In this context, the "defense" refers to both the defendant and defense counsel. See id. ("[Bloth the defendant and counsel shall be affirmatively afforded an opportunity to make a statement, present any information in mitigation of punishment, or show any legal cause why sentence should not be d 615 (<HOLDING>), aff'd, 2008 UT 46, 79 P.3d 987. In sum, a Options: A. holding that trial courts admonishment when defendant interrupted pronouncement of sentence was not a violation of defendants right to allocution when at the sentencing hearing the defendants counsel spoke on his behalf B. holding that the trial court violated the defendants allocution rights when the court in the defendants absence did not afford defense counsel an opportunity to present information in mitigation of punishment C. holding that where defendants counsel objected to the trial judges evidentiary rulings in evidentiary hearing but did not object to the defendants absence any claim of error due to defendants absence had been waived D. holding that the constitutional right to present a defense is not violated by the exclusion of a defendants proffered evidence where he is otherwise given the opportunity to present his defense and crossexamine the key prosecution witnesses E. holding that the trial court violated the defendants allocution rights when the court sentenced him without allowing him to offer mitigating remarks

assistant: The best answer is B. holding that the trial court violated the defendants allocution rights when the court in the defendants absence did not afford defense counsel an opportunity to present information in mitigation of punishment
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: 1381 (1986) ("Expert testimony concerning the fact of an ethical violation is not appropriate, any more than expert testimony is appropriate concerning the violation of, for example, a municipal building code.”); Commonwealth v. Lambert, No. 0423-1992, 1998 WL 558749, at *10 n. 34 (Pa.Com.Pl. Aug.24, 1998) (excluding Professor Wolfram's testimony on ethical propriety of lawyers' conduct and stating: "The interpretation of the Rules of Professional Conduct and the Rules of Criminal Procedure is a legal issue to be decided by a court, for which use of an expert would be wholly inappropriate. A court may not abdicate its role to determine the ultimate issue by allowing expert testimony.”). 6 . In addition, Judge Pollack found even more fault with the "gratuitous swo 6, 171 (1st Cir.2001) (<HOLDING>). 8 . Consider the following list of full-time Options: A. holding that recusal was required based on newspaper report of interview with trial judge B. holding the issue of recusal of the trial judge to be preserved for appellate review must be raised in the trial court C. holding recusal not required D. holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion E. holding that recusal was required based on evidence of judges statements of bias against a particular ethnic group

assistant: The best answer is A. holding that recusal was required based on newspaper report of interview with trial judge
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: warrantless search violates the fourth amendment unless it falls within one of the recognized exceptions to the warrant requirement.") Suppression of the illegally obtained evidence was the sufficient and required remedy for the unconstitutional police search and seizure. Additional sanctions might be appropriate in an instance of governmental loss or destruction of exculpatory and material evidence, discovery violation, or other egregious governmental misconduct. See People v. Braunthal, 31 P.3d 167, 172-73 (Colo.2001). However, an illegal seizure of previous identification samples from the defendant by the police does not foreclose the prosecution from obtaining identity evidence through proper means after filing of the case. See People v. Madsen, 743 P.2d 437, 439 (Colo.App.1987)(<HOLDING>). Crim. P. 41.1 and Crim. P. 16(II)(a) do not Options: A. holding that the right to a set off in bankruptcy is discretionary and reviewing the denial of a set off for clear abuse B. holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment C. holding that second set of defendants palm prints were not tainted by prosecutions violation of crim p 16ida in obtaining the first set of defendants palm prints D. recognizing that a trial court can set aside verdict E. holding that when a defendants sentence has been set aside on appeal a trial court at resentencing may consider evidence of the defendants postsentencing rehabilitation

assistant: The best answer is C. holding that second set of defendants palm prints were not tainted by prosecutions violation of crim p 16ida in obtaining the first set of defendants palm prints
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: Violence Coal., 542 F.3d 794, 796-97 (10th Cir.2008). In its June 21, 2011 order, the district court carefully examined the factual background of the case against each of the grounds for relief cited by Mr. Leo and concluded that the motion should be denied. We affirm for substantially the same reasons articulated by the district court. Mr. Leo cited Rule 60(b)(1), which provides that the district court may grant relief from a judgment on the grounds of mistake. But as the court pointed out, “the ‘mistake’ which [Mr. Leo] claims— that he has only recently realized that he sought a different position than what he alleged in his complaint—is not the type of mistake contemplated by Rule 60(b)(1),” R. Vol. 17 at 4, citing Cashner v. Freedom Stores, Inc., 98 F.3d 572, 576 (10th Cir. 1996) (<HOLDING>). Mr. Leo next argued that he was entitled to Options: A. holding a party has no standing to appeal unless he or she is an aggrieved party an individual who is not a parent in the eyes of the law has no legal interest in the child and therefore has no standing to appeal B. holding in the context of mistake of law or fact that relief should be granted only when enforcement of the sale would impose an oppressive burden on the party seeking vacation C. holding that successful party is one who is the ultimate prevailing party in the litigation D. holding that rule 60b1 relied is available only where 1 a party has made an excusable litigation mistake or an attorney in the litigation has acted without authority from a party or 2 where the judge has made a substantive mistake of law or fact in the final judgment or order E. holding that bankruptcy is no exception to the due process principle that one is not bound by a judgment in personam in a litigation in which he is not designated as a party to or to which he has not been made a party by service of process internal quotation marks omitted

assistant: The best answer is D. holding that rule 60b1 relied is available only where 1 a party has made an excusable litigation mistake or an attorney in the litigation has acted without authority from a party or 2 where the judge has made a substantive mistake of law or fact in the final judgment or order
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that a court of competent jurisdiction finds any provision of this Termination Agreement to be illegal, invalid or unenforceable, it is the intention of the Parties that such court shall modify such provision as necessary so that it shall be legal, valid and enforceable. The illegality, invalidity or unenforceability of any provision of this Termination Agreement shall not affect the legality, validity or enforceability of any other provision of this Termination Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Transaction Documents to which the Originator is a party vest absolutely and unconditionally in the Buyer all legal and equitable right, title and interest of the Originator in and to such Receivable and other Purchased Assets with respect thereto, with the right to sell and encumber the same, and constitutes a valid sale thereof from the Originator to the Buyer. The Originator has sold such Receivable and the other Purchased Assets with respect thereto to the Buyer in exchange for payment (made to the Originator in accordance with the provisions of this Agreement) in an amount which constitutes fair consideration and “reasonably equivalent value” (as such term is used in Section 548 of the Bankruptcy Code). No such sale has been made for or on account of an “antecedent debt” (as such term is used in Section 547 of the Bankruptcy Code) owed by the Originator to the Buyer, and no such sale is or may be voidable or subject to avoidance under any section of the Bankruptcy Code.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All disputes shall be brought in the Eighth Judicial Circuit, in and for Alachua County, Florida, or, if it has or can acquire jurisdiction, in the United States District Court for the Northern District of Florida, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding shall be heard and determined only in any such court and agrees not to bring any proceeding arising out of or relating to this Agreement or any transaction contemplated in this Agreement in any other court. Any party may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objections to venue or to convenience of forum.

assistant: Litigations
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: Your title will be President and Chief Executive Officer, reporting to the Company’s Board of Directors (the “Board”). This is a full-time position based out of the Company’s headquarters in Seattle, Washington. In connection with your appointment as President and Chief Executive Officer, it is anticipated that you will also be appointed as a member of the Board. While you are employed at the Company, you will abide by your duty of loyalty and duty of care to the Company, perform your duties and follow the lawful directions of the Board in a diligent manner, and devote your full time, energy and attention to the interests of the Company. By signing this Agreement, you confirm to the Company that you have no contractual commitments or other legal obligations that would prohibit you from performing your duties for the Company. Your employment with the Company will start on or before September 16, 2016 (the “Start Date”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, the Executive shall be entitled to accrue up to 20 paid vacation days in each year, which shall be accrued ratably. The Executive shall also be entitled to all paid holidays given by the Employers to their executives.

assistant: Vacations
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: when used with onavo 's permission , all trademarks must be identified as trademarks of onavo using the appropriate symbol ( e.g. , ™ or ® ) .

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: Employee acknowledges that money damages would not be a sufficient remedy for any breach of this Section 8 by Employee, and the Company or its Affiliates shall be entitled to enforce the provisions of this Section 8 by terminating payments then owing to Employee under this Agreement and/or by specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Section 8 , but shall be in addition to all remedies available at law or in equity to the Company, including the recovery of damages from Employee and remedies available to the Company pursuant to other agreements with Employee.

assistant: Remedies