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: to its preloss condition. Greenberger claims he can meet his burden of proof using the Lake Side Estimate, which was approximately $1,150 more than GEICO’s. Not so. The basic problem under Avery remains: Greenberger cannot produce the vehicle for examination to determine which (if any) of the allegedly omitted repair items was in fact necessary to fulfill GEICO’s contractual promise. That he obtained a higher estimate some months after the accident does not prove that GEICO’s payment would have failed to restore the car to its preloss condition. Stated differently, the issue is not what Greenberger could have paid to repair his car, but whether GEICO breached its contractual obligation. See Gaston v. Founders Ins. Co., 365 Ill.App.3d 303, 301 Ill.Dec. 513, 847 N.E.2d 523, 528 (2006) (<HOLDING>). A higher repair estimate may be evidence Options: A. holding that a hospital may not assert a statutory lien in an amount exceeding the amount it agreed to accept from the patients insurer B. holding that the insurer was entitled to credit against the owners claim in the amount paid to the mortgagee C. holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount D. holding that the amount necessary to repair a vehicle under an insurance contract refers to the amount the insurer must spend to repair the vehicle not the amount the insured decides to spend E. holding that the amount of coverage determines whether a vehicle is underinsured

assistant: The best answer is D. holding that the amount necessary to repair a vehicle under an insurance contract refers to the amount the insurer must spend to repair the vehicle not the amount the insured decides to spend
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 Bank will employ Executive as President and Chief Executive Officer for the term set forth herein. Executive will perform all duties and shall have all powers commonly incident to his positions, or which, consistent with those positions, the Board of Directors of the Bank (the “Board”) delegates to Executive. Executive also agrees to serve, if elected, as an officer and/or director of any subsidiary or affiliate of the Bank and to carry out the duties and responsibilities reasonably appropriate to those offices.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: use the airbnb platform or collective content for any commercial or other purposes that are not expressly permitted by these terms or in a manner that falsely implies airbnb endorsement , partnership or otherwise misleads others as to your affiliation with airbnb ;

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and (2) that Mr. Strausser, from whom he initially ran, was a private security guard and not a public officer. The State produced evidence, however, that defendant also tried to elude Officer George, a campus police officer, and that he hid in an old tobacco warehouse in an attempt to avoid capture by several campus police officers. Under N.C. Gen. Stat. § 74G et seq., the Campus Police Act, campus police officers have the same statutory authority granted to municipal and county police officers to make arrests for both felonies and misdemeanors and to charge for infractions within their jurisdictions. N.C. Gen. Stat. § 74G-6(b) (2005). As such, they qualify as “public officers” pursuant to N.C. Gen. Stat. § 14-223. See State v. Taft, 256 N.C. 441, 444, 124 S.E.2d 169, 171 (1962) (<HOLDING>). The trial court did not err in denying Options: A. holding that an alcoholic beverage control officer was a public officer within the meaning of the statute B. holding that an officer or employee of the tennessee valley authority was not an officer or employee acting under the authority of the united states or any department or any officer of the government thereof within the meaning of a criminal statute first enacted in 1884 C. holding officer liable for deprivation of constitutional rights despite argument that officer although present was not in control of the situation D. holding that the written job description alone was insufficient to establish that an animal control officer is a law enforcement officer under the tca E. holding police officer is a public official

assistant: The best answer is A. holding that an alcoholic beverage control officer was a public officer within the meaning of the statute
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: I. Continental argues that RAM can not maintain the claim against it because, as a trustee, Continental is not liable for the expenses incurred by the trust. Rather, any relief would have to come from the trust itself. Continental’s position is incorrect. ■ . RAM is free to sue Continental as long as RAM has some cause of action upon which to base its suit. The fact that some other party ultimately might have to indemnify Continental does not mean that RAM must pursue only that party. Indeed, the very treatise on which Continental relies to support its position states exactly the opposite: “[a trustee] is entitled to indemnity for expenses incurred by him for the benefit of the trust estate in defend Ins. Co., 137 Ill.App.3d 84, 90-91, 484 N.E.2d 349, 354, 91 Ill.Dec. 790, 795 (1985) (<HOLDING>), I do not interpret Illinois law as requiring Options: A. holding that there is no cause of action in california for unjust enrichment B. holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed C. holding that unjust enrichment claim alleging fraudulent inducement was based on tort theory D. holding that unjust enrichment is brought about by unlawful or improper conduct as defined by law E. holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law

assistant: The best answer is D. holding that unjust enrichment is brought about by unlawful or improper conduct as defined by law
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 award him the five percent salary increase during the period from the date he submitted his P.O.S.T. application, February 26, 2009, to the date he began to serve his May 2009 suspension constituted an adverse employment action. The district court rejected this argument, reasoning that Ellins did not demonstrate that he was entitled to the pay increase during that period because while the MOU provided for a five percent pay raise, it “[did] not state when the pay raise becomes effective.” We have specifically concluded that “an adverse employment action exists where an employer’s action negatively affects its employee’s compensation.” Fonseca v. Sysco Food Servs. of Ariz., Inc., 374 F.3d 840, 847 (9th Cir.2004); see also Hollister v. Tuttle, 210 F.3d 1033, 1034-35 (9th Cir.2000) (<HOLDING>); Manhattan Beach Police Officers Ass’n, Inc. Options: A. holding that if a state is immune from underlying discrimination then it follows that the state must be immune from claims alleging retaliation for protesting against discrimination B. holding that speech about financial assistance and handling racial discrimination does not qualify as protected speech C. holding that statute reaching beyond purely commercial speech to chill fully protected speech can merit application of the overbreadth doctrine D. holding that alleged discrimination in merit pay increases and salary raises against tenured professor alleging retaliation for his protected speech would constitute denials of governmental benefits redressable by 1983 E. holding that a police officers deposition in a fellow officers 1983 action alleging unlawful retaliation was protected speech

assistant: The best answer is D. holding that alleged discrimination in merit pay increases and salary raises against tenured professor alleging retaliation for his protected speech would constitute denials of governmental benefits redressable by 1983
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 Amendment shall constitute a Loan Document under the Amended Credit Agreement. This Amendment expresses the entire understanding of the parties with respect to the transactions contemplated hereby. No prior negotiations or discussions shall limit, modify, or otherwise affect the provisions hereof. Any determination that any provision of this Amendment or any application hereof is invalid, illegal, or unenforceable in any respect and in any instance shall not affect the validity, legality, or enforceability of such provision in any other instance, or the validity, legality, or enforceability of any other provisions of this Amendment. Each of the Borrower and the Parent Guarantor represents and warrants that it has consulted with independent legal counsel of its selection in connection herewith and is not relying on any representations or warranties of the Administrative Agent or its counsel in entering into this Amendment.

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: With regard to the data disclosed to MDHHS under this Agreement, the MDHHS agrees to: 2. Notify Reporting Entity within a reasonable time prior to disclosing data that is required by law so that Reporting Entity may have an opportunity to object to such disclosure if necessary;

assistant: Yes
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 Assignment shall be governed by the laws of the State of Maryland. The proper venue for any claims, causes of action or other proceedings concerning this Assignment shall be in the state and federal courts located in Prince George's County, State of Maryland.

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: thirds of the members of the proposed plaintiff class are citizens of the state where the action was originally filed. 28 U.S.C. § 1332(d)(4)(A)(i). However, this provision does not apply if, "during the 3-year period preceding the filing of that class action” another class action has been filed "asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons.” Id. § 1332(d)(4)(A)(ii). The Meek-Horton class action proceeding before Judge Patterson asserts similar factual allegations against largely the same defendants on behalf of substantially the same class. See generally Docket, 11 Civ. 6054. Thus, the Court is not required to decline jurisdiction under CAFA, even though it is apparent th Cas., 903 F.2d 480, 488 (7th Cir.1990) (<HOLDING>)). In addition, although a literal reading of Options: A. holding that land dedicated for a public street may not be leased to a private entity for private use B. holding that the crucial distinction that rendered the public entity liable for a private actors inaccessibility was that the public entity had contracted with the private actor for it to provide aid benefits or services to beneficiaries of the public entitys redevelopment program C. holding that plaintiffs claims against private fiscal intermediary were subject to exhaustion requirement and that plaintiff may not circumvent the terms of section 405h simply because a private entity the defendant serves a public function D. holding that the fact that the city had delegated its municipal engineering functions to a private entity was dispositive in establishing that documents generated by the private entity were public records E. holding that excessive force claims are not subject to exhaustion requirement

assistant: The best answer is C. holding that plaintiffs claims against private fiscal intermediary were subject to exhaustion requirement and that plaintiff may not circumvent the terms of section 405h simply because a private entity the defendant serves a public function
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 Board or the Committee may amend, suspend or terminate this Agreement subject to the terms of the Plan. Except as otherwise provided in the Plan, no modification or waiver of any of the provisions of this Agreement shall be effective unless in writing and signed by the party against whom it is sought to be enforced.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Change in Control Agreement, together with the Offer Letter, and Retention Agreement dated January 1, 2016, as amended, contain the entire agreement between you and the Company concerning your employment with the Company, and supersede any previous agreements or understandings, whether written or oral. The parties acknowledge and agree that this Change in Control Agreement does not affect the at-will nature of your employment relationship with the Company. Except as otherwise amended in this Change in Control Agreement, all provisions of the Offer Letter and any amendments thereto, shall remain in full force and effect. This Change in Control Agreement may be amended solely in a written document executed on behalf of both parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: foreclose review of a federal constitutional claim.” Ibid, (quoting Jacobs, 265 F.3d at 417). Each of these three conditions is satisfied here. Ohio’s procedural rule of res judicata provides that all claims must be raised on direct appeal, and may not be saved for collateral review, unless “facts necessary to develop a claim were [not] available on direct appeal____” Abshear v. Moore, 354 Fed.Appx. 964, 967 (6th Cir.2009) (citing cases); see also Eley, 604 F.3d at 965. Baker failed to comply with this rule. His initial appeal did not invoke Blakely at all, and his Rule 26(B) application to reopen alleged only ineffective assistance of appellate counsel premised on failure to argue Blakely, rather than a substantive Blakely claim. See Davie v. Mitchell, 547 F.3d 297, 312 (6th Cir.2008) (<HOLDING>); Abshear, 354 Fed.Appx. at 968 (holding that Options: A. holding that a rule 26b application based on ineffective assistance cannot function to save the underlying substantive claim from procedural default internal quotation marks omitted B. holding that conspiracy to commit a particular substantive offense cannot exist without at least the degree of criminal intent necessary for the substantive offense itself internal quotation marks omitted C. holding that supervisory liability under 1983 must be based on active unconstitutional behavior and cannot be based upon a mere failure to act internal quotation marks omitted D. recognizing that the declaratory judgment act is only procedural and does not create substantive rights internal quotation marks and citations omitted E. holding that an ineffective assistance of counsel claim alleged to be cause for the procedural default of other claims is itself an independent claim subject to the procedural requirements of exhaustion

assistant: The best answer is A. holding that a rule 26b application based on ineffective assistance cannot function to save the underlying substantive claim from procedural default internal quotation marks omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and are not likely to be working as blackjack dealers, bingo callers, or other employees of Indian casinos.” Def.’s Reply In Supp. of Renewed Mot. for Summ. J. at 8. This logic cannot be refuted. NIGC’s decision not to search these records was reasonable. See Weisberg v. U.S. Dep’t of Justice, 745 F.2d 1476, 1485-89 (D.C.Cir.1984). Even if the Enforcement Division’s individual investigatory files contained responsive records, NIGC asserts that those files are law enforcement documents which, in the absence of a waiver, are exempt under FOIA Exemption 7(C) because their disclosure “could reasonably be expected to constitute an unwarranted invasion of privacy.” 5 U.S.C. § 552(b)(7)(C); see Melius v. Nat’l Indian Gaming Comm’n, 96-CV-2210 (TFH), 1999 U.S. Dist. LEXIS 17537, at *14-15 (<HOLDING>). The Court agrees that NIGC’s investigations Options: A. holding that nigcs individual background files are law enforcement records subject to exemption 7c and that in the absence of a waiver disclosure is not required by foia because individuals mentioned in law enforcement investigatory reports have a presumptive privacy interest in keeping their names undisclosed B. holding that names and address of private individuals appearing in files within the ambit of exemption 7c are exempt from disclosure C. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure D. holding that exemption 7c protects the privacy interests of all persons mentioned in law enforcement records whether they be investigators suspects witnesses or informants and their names are generally exempt from disclosure E. holding that names of private individuals appearing in files within the ambit of exemption 7c are categorically exempt from disclosure unless disclosing such information is necessary in order to confirm or refute compelling evidence that the agency is engaged in illegal activity

assistant: The best answer is A. holding that nigcs individual background files are law enforcement records subject to exemption 7c and that in the absence of a waiver disclosure is not required by foia because individuals mentioned in law enforcement investigatory reports have a presumptive privacy interest in keeping their names undisclosed
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: TCA preempted state law which placed the burden of proof on the applicant to show the lack of substantial evidence. See, e.g., Sprint Spectrum L.P. v. Town of Easton, 982 F.Supp. 47, 49 (D.Mass.1997) (citing United States Cellular Corp. v. Board of Adjustment of City of Des Moines, Polk County District Court, LACL No. CL 00070195 (Iowa District Court for Polk County, January 2, 1997)). However, TCA preempted local zoning authority only in a limited number of areas and the burden of proof was not included in any such limitation. Therefore, to find that the TCA preempts the traditional placement of the burden of proof on the applicant contravenes the text and history of § 332(c)(7) as discussed above. 28 . Cellular Telephone Co. v. Town of Oyster Bay, 166 F.3d 490, 494 n. 3 (2d Cir.1999) (<HOLDING>). 29 .The court acknowledges that its role is Options: A. holding statutory terms concern over environmental effects from rf emissions included concern over health effects caused by such emissions B. holding over C. holding that section 1252d effects a statutory exhaustion requirement which accordingly precludes any common law exceptions for procedural default D. holding that specific statutory provisions take priority over general statutory provisions E. recognizing the principle that gives precedence to the terms of the more specific statute where a general statute and a specific statute speak to the same concern

assistant: The best answer is A. holding statutory terms concern over environmental effects from rf emissions included concern over health effects caused by such emissions
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: 1397, 173 L.Ed.2d 640 (2009). We must view the evidence in the light most favorable to the government and determine whether “any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” United States v. Odom, 329 F.3d 1032, 1034 (9th Cir.2003). Sufficient evidence supports the jury’s finding that Defendant’s actions affected interstate commerce. He used a cell phone whose service provider is T-Mobile, a business in interstate commerce, to recruit the minor, manage her prostitution, and arrange her travel from Los Angeles to Seattle. He made numerous interstate calls using this phone. He used America Online instant messaging to coax the minor to work for him as a prostitute. See United States v. Sutcliffe, 505 F.3d 944, 953 (9th Cir.2007) (<HOLDING>). Finally, he provided the minor with Durex Options: A. recognizing probable cause as complete defense to a claim of malicious prosecution in new york internal quotation marks and brackets omitted B. holding that the electronic submission of information across state lines qualifies as in or affecting interstate commerce internal quotation marks and brackets omitted C. holding that if and when abuse does occur it is well within the supervisory powers of the courts of appeals to establish summary procedures and calendars to weed out frivolous claims brackets and internal quotation marks omitted D. recognizing that the nsa qualifies as a withholding statute under exemption 3 because it refers to particular types of matters that are to be withheld internal quotation marks and citations omitted E. holding that involuntary transport to a police station for questioning is sufficiently like arrest to invoke the traditional rule that arrests may constitutionally be made only on probable cause internal quotation marks and brackets omitted

assistant: The best answer is B. holding that the electronic submission of information across state lines qualifies as in or affecting interstate commerce internal quotation marks and brackets omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: has uniformly been held to be applicable to a corporate debtor.”); Budget Service Co. v. Better Homes of Virginia, Inc., 804 F.2d 289, 292 (4th Cir.1986) (“[W]e construe the word 'individual' to include a corporate debtor.”). Applying principles of statutory construction enunciated in United States v. Ron Pair Enter., Inc., 489 U.S. 235, 109 S.Ct. 236 (Bankr.C.D.Cal.1991) (“Although ‘individual’ is not a defined term in the Code, Congress’ use of the term can leave no doubt that it is limited to a natural person.”); In re Prairie Truck Ry., 125 B.R. 217, 220 (Bankr.N.D.Ill.1991) (“[Ojnly natural persons can recover damages as individuals under section 362(h).”); First RepublicBank Corp. v. NCNB Texas Nat'l Bank (In re First RepublicBank Corp., 113 B.R. 277, 279 (Bankr.N.D.Tex.1989)) (<HOLDING>). We conclude that the Second Circuit’s Options: A. holding that a municipal corporation cannot form the requisite criminal intent and cannot be held liable under civil rico laws B. holding that claims under 11 usc 362h must be brought in the bankruptcy court rather than in the district court which only has appellate jurisdiction over bankruptcy cases C. holding that a plan participant or beneficiary may not recover extracontractual damages in an erisa suit for breach of fiduciary duty under 502a2 and 409a only the plan may recover damages in such cases D. holding that in a partial breach case the plaintiff cannot recover prospective damages for anticipated future nonperformance E. holding a corporation cannot recover damages under 362h

assistant: The best answer is E. holding a corporation cannot recover damages under 362h
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: CERCLA); BCW Assocs. Ltd. v. Occidental Chem. Corp., No. CIV.A. 86-5947, 1988 WL 102641, at *17 (E.D.Pa. Sept.29,1988); Hatco Corp. v. W.R. Grace & Co., 849 F.Supp. 931, 963-64 WD.Pa.1991) (finding that expenses incurred for monitoring a waste site and developing a cleanup plan are recovery costs); Artesian, 659 F.Supp. at 1288 (adopting the reasoning of Wickland and allowing recovery of evaluation and monitoring costs). Accordingly, plaintiffs are entitled to recover as past response costs payments to Valley Forge Laboratories, Kaselaan & DeAngelo Associates, and Spires Engineering Company. With respect to Zaid’s claimed expenses of $26,250.00 for his time, they, too, are recoverable as labor costs. Cf.T & E Industries, Inc. v. Safety Light Corp., 680 F.Supp. 696, 707 (D.N.J.1988) (<HOLDING>). However, these expenses are currently Options: A. holding that bankruptcy court could not enter judgment for 7402564 under 107a for incurred costs when such costs had not been incurred B. holding that cercla permits recovery of labor costs incurred in responding to radiation containment C. holding that investigatory costs are considered costs of response under cercla D. holding that because plaintiffs failed to prove that their incurred fuel characterization and loading costs would not have been incurred in the nonbreach world plaintiffs were not entitled to recovery for these costs E. holding that cleanup costs incurred pursuant to a consent decree were not incurred voluntarily and must be sought through a 113f contribution action

assistant: The best answer is B. holding that cercla permits recovery of labor costs incurred in responding to radiation containment
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 of DEAC and the DEAC Controlling Shareholder has all corporate power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby. The execution and delivery of this Agreement by DEAC and the DEAC Controlling Shareholder, and the consummation by DEAC and by the DEAC Controlling Shareholder of the transactions contemplated hereby, have been duly authorized by all necessary corporate actions of DEAC and the DEAC Controlling Shareholder, and no other corporate proceedings on the part of DEAC or other actions on part of the DEAC Controlling Shareholder are necessary to authorize this Agreement or to consummate the transactions contemplated hereby. The board of directors of DEAC has unanimously adopted resolutions: (a) approving and declaring advisable the Equity exchange, this Agreement and the transactions contemplated by this Agreement; (b) declaring that it is in the best interests of the stockholders of DEAC that DEAC enters into this Agreement and consummates the Equity Exchange upon the terms and subject to the conditions set forth in this Agreement; (c) directing that adoption of this Agreement be submitted to a vote at a meeting of the stockholders of DEAC; (d) recommending to the stockholders of DEAC that they adopt this Agreement (the " DEAC Board Recommendation "); and (e) to include the DEAC Board Recommendation in the DEAC Proxy Statement, if required. This Agreement constitutes the valid and legally binding obligation of DEAC and the DEAC Controlling Shareholder, and is enforceable in accordance with its terms. DEAC does not need to give any notice to, make any filings with, or obtain any authorization, consent or approval of any government or governmental agency or other person in order for it to consummate the transactions contemplated by this Agreement, other than filings that may be required or permitted under states securities laws, the Securities Act of 1933, as amended (the " Securities Act ") and/or the Securities Exchange Act of 1934, as amended (the " Exchange Act ") resulting from the issuance of the New DEAC Shares.

assistant: Authorizations
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 agree to indemnify , defend , and hold the company ( and its affiliated companies , contractors , employees , agents , and suppliers and partners ) harmless from any and all claims , suits , actions , liabilities , losses , costs , damages , expenses , and any other liabilities , including without limitation attorneys ' fees , arising out of or related in any manner to your use or misuse of the service , including without limitation your access to or use of the service , any breach or alleged violation of the rights of any other person or entity by you , including without limitation any intellectual property right , publicity , confidentiality , property or privacy right and any breach or alleged violation by of this agreement .

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: So long as he remains employed by the Company, during the Term Executive shall be paid a base salary (“ Base Salary ”), which initially shall be at the annual rate of $575,000, payable in installments consistent with the Company’s normal payroll practices.

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 case excerpt and choose the best holding from the options. Case excerpt: or discriminated against him. The mask would have been placed on Plaintiff for the protection of others, not Plaintiff, because at that time the jail’s medical personnel feared Plaintiff might have tuberculosis. Therefore, the court cannot conclude that Defendant’s action violated either the ADA or the Rehabilitation Act. Plaintiff next claims that Defendants violated the ADA and the Rehabilitation Act when they failed to send him immediately to the hospital. Specifically, Plaintiff contends he was discriminated against in his treatment because he would have been sent straight to the hospital if he had been suffering from any other condition. Transportation can be construed as a program or service provided by the public entity. See Gorman v. Bartch, 152 F.3d 907, 912 (8th Cir.1998) (<HOLDING>). Plaintiffs contention, however, is without Options: A. holding the defendant was not under arrest when police asked him to go to the station and then offered him a ride because he did not have transportation B. holding that a police officers rape of an arrestee was outside the scope of his employment C. holding neither a phone call by the police requesting an arrestee to come to the station for questioning nor the questioning of an arrestee at the station was a seizure within the meaning of the fourth amendment D. holding that transportation of arrestee to police station is service of police under the ada E. holding that accused was not in custody when asked to go to the police station and left the station freely

assistant: The best answer is D. holding that transportation of arrestee to police station is service of police under the ada
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 the employee.” Id. at 1011. “However, employers can effectively disclaim any implied contractual obligation arising from such provisions.” Id. “‘The legal effect of such a disclaimer is, in the first instance, a question for the court to decide.’ ” Id. (quoting Smith v. Union Labor Life Ins. Co., 620 A.2d 265, 269 (D.C.1993)). A mere statement that the employee handbook is not a contract does not necessarily settle the matter. See Strass, 744 A.2d at 1012-14. Rather, for provisions relating to employee termination to be “unenforceable at law,” our cases have held that the employee handbook “must contain language clearly reserving the employer’s right to terminate at will.” Sisco v. GSA Nat’l Capital Fed. Credit Union, 689 A.2d 52, 55 (D.C.1997); See, e.g., Smith, 620 A.2d at 269 (<HOLDING>); see also Kerrigan v. Britches of Georgetowm, Options: A. recognizing that wrongful or malicious interference with atwill employment contract may give rise to a tortious interference claim the fact that the employment is at the will of the employer and the employee does not make it one at the will of third parties B. holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will C. holding that an employment contract of an indefinite duration is terminable at will D. holding that a contract of an indefinite duration is terminable at will E. holding that language in employee handbook stating that it was not to be considered as creating terms and conditions of an employment contract and that the employment relationship was employment atwill was sufficiently explicit to preclude the creation of implied contractual obligations as a matter of law

assistant: The best answer is B. holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will
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 are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened in writing against the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to result in a Material Adverse Effect.

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: The terms of this Agreement, the identity of any Person with whom the Company may be holding discussions with respect to any provision of services, investment, acquisition, disposition or other transaction, and all other business, Trade Secrets, financial and other information relating to the conduct of the business and affairs of the Company, its Subsidiaries, their respective assets and properties, or the relative or absolute rights or interests of any of the Members (collectively, “ Confidential Information ”) that (x) is not otherwise available to the public, or (y) has not been disclosed pursuant to authorization by the Managers is confidential and proprietary information of the Company, the disclosure of which would cause irreparable harm to the Company and the Members. Accordingly, each Member represents that it has not disclosed Confidential Information to any Person, and each Member agrees that it and its Affiliates will not, and will direct its shareholders, partners, members, officers, directors, agents and advisors not to, disclose Confidential Information to any Person or confirm any statement made by any Person regarding Confidential Information unless and until the Company has disclosed such Confidential Information pursuant to authorization by the Managers and has notified each Member that it has done so; provided , however , that any Member (or its Affiliates) may disclose such Confidential Information if required by law (it being specifically understood and agreed that anything set forth in a registration statement or any other document filed pursuant to law will be deemed required by law) or if necessary for it to perform any of its duties or obligations hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (1948) (Police officers conducted an illegal, warrantless search of the room McDonald was renting in a boarding house and seized allegedly illegal items that belonged to him. He and his guest were arrested as a result of the search, were jointly tried, and were parties to the appeal. After concluding that the trial court erred in failing to suppress the evidence seized as a result of the illegal search, the Supreme Court of the United States held that such failure was prejudicial to both McDonald and his guest, noting that if the evidence had been properly suppressed, it would have been unavailable for the State to use against either defendant at trial. Thus, the Court reversed both defendants’ convictions.). 15 See generally McBee v. State, 296 Ga. App. 42,44 (1) (673 SE2d 569) (2009) (<HOLDING>). 16 The record shows that, after Jalim’s truck Options: A. holding that officer may order driver out of vehicle once lawfully detained for traffic violation B. holding that even if an officer has an ulterior motive that does not authorize him to conduct a traffic stop of a particular vehicle he may still lawfully execute the stop if he observes the driver violate a traffic law C. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring D. holding that if an officer observes a driver commit a traffic violation he has probable causeand thus also the lesser included reasonable suspicionto stop that driver E. holding that an officer may order a passenger out of a vehicle during a stop for a traffic infraction

assistant: The best answer is B. holding that even if an officer has an ulterior motive that does not authorize him to conduct a traffic stop of a particular vehicle he may still lawfully execute the stop if he observes the driver violate a traffic law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each party and delivered to the other party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Each Purchaser and Purchaser Agent hereby irrevocably designates and appoints PNC Bank, National Association, as the “Administrator” hereunder and authorizes the Administrator to take such actions and to exercise such powers as are delegated to the Administrator hereby and to exercise such other powers as are reasonably incidental thereto. The Administrator shall hold, in its name, for the benefit of each Purchaser, ratably, the Purchased Interest. The Administrator shall not have any duties other than those expressly set forth herein or any fiduciary relationship with any Purchaser or Purchaser Agent, and no implied obligations or liabilities shall be read into this Agreement, or otherwise exist, against the Administrator. The Administrator does not assume, nor shall it be deemed to have assumed, any obligation to, or relationship of trust or agency with, the Seller or Servicer. Notwithstanding any provision of this Agreement or any other Transaction Document to the contrary, in no event shall the Administrator ever be required to take any action which exposes the Administrator to personal liability or which is contrary to the provision of any Transaction Document or applicable law.

assistant: Authorizations
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: in denying supersedeas under Texas Rules of Appellate Procedure 24.2(a)(3) and (a)(5), even though those provisions were in effect at the time of the ruling.” Cascos, 319 S.W.3d at 217. This analysis is clearly wrong, however, because, as noted above, the supreme court’s opinion in Long expressly referenced the trial court’s discretion under what is now TRAP rule 24.2(a)(3): Sweitzer [the judgment creditor] had possible mechanisms for seeking enforcement of the injunction.... Sweitzer could have sought denial of suspension of the injunction. See former Texas R.App. P. 47(f) (allowing trial court to decline to permit other judgments to be suspended) (currently Tex.R.App. P. 24.2(a)(3)); City of Robstown v. Westergren, 774 S.W.2d 739, 740-41 (Tex.App.Corpus Christi, 1989, no writ) (<HOLDING>). In re Long, 984 S.W.2d at 626. Thus, not only Options: A. holding that district court has discretion under appropriate circumstances to rule on summary judgment motion before addressing pending class certification motion B. holding that district court has discretionary authority under former rule 47f to deny a city suspension of an injunction pending appeal C. recognizing that the district court has discretion to admit or deny motive evidence D. holding that a district court of appeal opinion which cites as controlling authority a decision that is either pending review in or has been reversed by the court constitutes prima facie express conflict and allows the court to exercise its discretionary jurisdiction E. holding that when a state commission has the right under section 6001 of the texas civil practice and remedies code to supersede an order the trial court cannot deny suspension of a temporary injunction under former rule 43a currently texrapp p 291b pending an interlocutory appeal

assistant: The best answer is B. holding that district court has discretionary authority under former rule 47f to deny a city suspension of an injunction pending appeal
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: court could be viewed as acting sua sponte, the court finds the dismissal order appropriate in light of the fact that Spencer and her counsel were on notice of the consequences of the failure to file the required documents. Indeed, such a course of action is contemplated by 11 U.S.C.A. § 105, which provides: The court may issue any order, process, or judgment that is necessary or appropriate to carry out the provisions of this title. No provision of this title providing for the raising of an issue by a party in interest shall be construed to preclude the court from, sua sponte, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process. See also In re Black, 180 B.R. 534, 535 (S.D. Ind. 1995) (<HOLDING>); In re Meints, 222 B.R. 870, 872 (D. Neb. Options: A. holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case B. holding that the texas proceeds rule is only applicable in a chapter 13 bankruptcy case and would not apply where the debtor sells homestead property postpetition in a chapter 7 bankruptcy case C. holding that a debtor was not acting in bad faith when he converted a case under chapter 7 to a case under chapter 13 for the purpose of discharging a debt for fraud but it was a fact which could be considered D. holding that truck to be retained by chapter 13 debtor must be valued at replacement cost to debtor because foreclosure value fails to account for debtors proposed use of collateral E. holding that bankruptcy court was not required to provide debtor with a hearing before dismissing debtors chapter 13 case where debtor received notice that his case was going to be dismissed if he missed another payment

assistant: The best answer is E. holding that bankruptcy court was not required to provide debtor with a hearing before dismissing debtors chapter 13 case where debtor received notice that his case was going to be dismissed if he missed another payment
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 shall receive a base salary (as applicable, the “ Base Salary ”) at an annual rate of no less than $1,050,000. Executive’s Base Salary shall be reviewed by the Company in 2017 and at least annually thereafter for increase. Base Salary shall be paid at such times and in such manner as the Company customarily pays the base salaries of its employees. In the event that Executive’s Base Salary is increased by the Board in its discretion at any time during the Term, such increased amount shall thereafter constitute the Base Salary.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: for issues relating to certain naturalmotion games , you may find resolution by clicking on the `` support '' link on that game 's page on naturalmotion 's website .

assistant: None