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: used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirement would entail. Mathews, 424 U.S. at 335, 96 S.Ct. 893. Several courts have rejected Fifth Amendment Due Process challenges to the DNA sampling of convicted felons. The Ninth Circuit held in Rise v. Oregon, 59 F.3d 1556 (9th Cir.1995), that, “the extraction of blood from an individual in a simple, medically acceptable manner, despite the individual’s lack of an opportunity' to object to the procedure, does not implicate the Due Process Clause.” Id., at 1563. See also, United States v. Hugs, 384 F.3d 762, 768-69 (9th Cir.2004) (<HOLDING>); Johnson v. Quander, 370 F.Supp.2d 79, 89-93 Options: A. holding the condition of supervised release that requires dna testing under the act is not unconstitutionally vague and therefore meets procedural dueprocess requirements B. holding that a claim seeking dna testing is cognizable under section 1983 C. holding that retroactively applying new version of dna act authorizing collection of defendants dna as a condition of supervised release did not constitute a sentence in excess of the statutory maximum D. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses E. holding that further supervised release may be ordered as a sentence for violation of supervised release

assistant: The best answer is A. holding the condition of supervised release that requires dna testing under the act is not unconstitutionally vague and therefore meets procedural dueprocess requirements
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 Agent and the undersigned Lenders, constituting not less than the Requisite Lenders, hereby waive the Events of Default (the “ Specified Defaults ”) arising under (a) Section 8.l(b) of the Credit Agreement from a breach of (i) the Minimum Fixed Charge Coverage Ratio covenant set forth in clause (a) of Annex G to the Credit Agreement for the Fiscal Quarter ending December 31, 2015 and (ii) the Maximum Senior Funded Debt to EBITDA Ratio covenant set forth in clause (b) of Annex G to the Credit Agreement for the Fiscal Quarter ending December 31, 2015, and (b) Section 8.1(f) of the Credit Agreement from a breach of (i) the Minimum Fixed Charge Coverage Ratio set forth in clause (a) of Annex G to the Second Lien Credit Agreement for the Fiscal Quarter ending December 31, 2015, (ii) the Maximum Senior Funded Debt to EBITDA Ratio covenant set forth in clause (b) of Annex G to the Second Lien Credit Agreement for the Fiscal Quarter ending December 31, 2015 and (iii) the Maximum Total Funded Debt to EBITDA Ratio covenant set forth in clause (c) of Annex G to the Second Lien Credit Agreement for the Fiscal Quarter ending December 31, 2015.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The amounts payable under this Plan are intended to be exempt from Section 409A. Notwithstanding the foregoing, to the extent applicable, this Plan will be interpreted in accordance with, and incorporate the terms and conditions required by, Section 409A.

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 case excerpt and choose the best holding from the options. Case excerpt: for which many people who are not in prison do not seek medical attention-does not by its refusal violate the Constitution”). The length of delay that is tolerable depends on the seriousness of the condition, McGowan, 612 F.3d at 640, and whether medical staff knew or wife deliberately indifferent to the serious consequences of delay. The district court here reasonably concluded that the delay in treating the minor maladies that Slater has alleged resulted from the medical staffs choice to treat other maladies first. This conclusion is sound because the medical personnel had no reason to believe that anything serious would arise from temporarily delaying treatment of a congested nose and skin condition. See Estelle v. Gamble, 429 U.S. 97, 107, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>); Ciarpaglini v. Saini, 352 F.3d 328, 331 (7th Options: A. holding that a difference of medical opinion was insufficient as a matter of law to establish deliberate indifference B. holding that mere disagreement over the proper treatment does not create a constitutional claim C. holding that a difference of opinion about the best course of medical treatment does not amount to deliberate indifference D. holding that disagreement with a doctors judgment does not support a claim of deliberate indifference E. holding that since the complaint set out a deliberate indifference claim it follows logically that reckless or callous indifference has been noticed

assistant: The best answer is D. holding that disagreement with a doctors judgment does not support a claim of deliberate indifference
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: these terms , and any other policies or rules we reference in these terms , make up the entire agreement between you and us relating to the subject matter of these terms , and supersede all prior understandings of the parties relating to the subject matter of these terms , whether those prior understandings were electronic , oral or written , or whether established by custom , practice , policy or precedent , between you and us .

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: Any provision of this Modification Agreement held by a court of competent jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder of this Modification Agreement and the effect thereof shall be confined to the provision so held to be invalid or unenforceable.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are fully accountable for any outcome resulting from your failure to provide true , accurate and complete details in the course of the registration process , and for any use or misuse of your account .

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: support a suit. Id. at 1222. Although Thompsen leaves a range of factual situations undecided — cases where no actual refusal is expressed, or where a defendant had not yet benefitted from the plaintiffs efforts, for instance — it did decide that in cases where the “compensation has been wrongfully withheld,” the statute of limitation begins to run when compensation is refused. Id. at 1219. Another court in this circuit, while quoting the language in Thompsen that “the statute of limitations begins to run when the plaintiffs last service has been rendered and compensation has been wrongfully withheld,” nonetheless held that the limitation time there began to run “upon the presentation of [the benefit] to the defendants.” McQueen v. Woodstream Corp., 244 F.R.D. 26, 35-36 (D.D.C.2007) (<HOLDING>). McQueen, however, is clearly distinguishable Options: A. holding product developers claim timebarred because discovery rule does not apply to unjust enrichment claims citing thompsen 878 a2d at 1225 B. holding that antelitem notice statute did not apply to claims for unjust enrichment money had and received and breach of city code because they are not claims for injury to person or property C. holding that declaratory judgment and unjust enrichment claims were preempted notwithstanding that plaintiff did not assert a copyright claim D. holding that there is no cause of action in california for unjust enrichment E. holding that a claim for unjust enrichment should not be dismissed because the court may find that the express contract was no longer in force

assistant: The best answer is A. holding product developers claim timebarred because discovery rule does not apply to unjust enrichment claims citing thompsen 878 a2d at 1225
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: they performed most of their work at their desks; they generally described their duties as office-based, rather than manual. Additionally, the field walk-downs—performed as part of the planners’ preparation of work repair packages—are “directly and closely related to the [planners’] work requiring the exercise of discretion and independent judgment,” supporting exemption from the FLSA. 29 C.F.R. § 541.203(b). The planners further argue that because certain planners worked without overtime pay removing ice at the Cook plant for a month or two in 1998, the planners cannot be considered nonmanual workers. Exempt employees’ status under the FLSA does not change merely because they perform some nonexempt work. See, e.g., Counts v. South Carolina Elec. & Gas Co., 317 F.3d 453 (4th Cir.2003) (<HOLDING>). The ice removal project does not concern the Options: A. holding that a note delivered by an employees mother which stated that the employee was having a lot of pain in her side and would not be able to work that day and the mothers statement that the employee was sick were insufficient as a matter of law to inform the employer that the employees request to take time off was for a serious health condition within the meaning of the fmla B. holding that because the language and structure of the flsa call for a holistic approach to determining employees primary duties the court need not engage in a day by day scrutiny of the tasks of administrative employees C. holding that even though some of employees duties appeared to satisfy the directly related element the element was not satisfied where those duties were not part of his primary duty D. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa E. holding that employees may not contract away their flsa rights

assistant: The best answer is B. holding that because the language and structure of the flsa call for a holistic approach to determining employees primary duties the court need not engage in a day by day scrutiny of the tasks of administrative employees
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 shall be entitled to withhold from any amounts payable under this Agreement any federal, state, local or foreign withholding or other taxes or charges which the Company is required to withhold. The Company shall be entitled to rely on an opinion of counsel if any questions as to the amount or requirement of withholding shall arise.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized capital stock of the Company consists of: (i) 2,000,000,000 shares of Common Stock, of which approximately 100,941,878 shares are issued and outstanding; and (ii) 5,000,000 shares of preferred stock, $0.001 par value per share, of which no shares are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company's stock option plans and 134,986,226 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, and (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act. The Company has filed in its SEC Documents true and correct copies of the Company's Certificate of Incorporation as in effect on the date hereof ("Certificate of Incorporation"), the Company's By-laws, as in effect on the date hereof (the "By-laws"), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer with a written update of this representation signed by the Company's Chief Executive on behalf of the Company as of the Closing Date.

assistant: Capitalization
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: Amendment of the United States Constitution. The Defendants oppose summary judgment, arguing that material issues of fact remain to be decided. [Record No. 75, p. 7] A. Standing In its response to the Plaintiffs’ motion for summary judgment, the Cabinet again argues that the Plaintiffs lacks standing to sue because they never completed the application process and thus were never subject to protests. [Record No. 75, p. 10] It also contends that the case is not ripe for review because Wildcat may be denied a Certificate even if the statutes in question are invalidated. These arguments are largely duplicative of the arguments previously made and rejected. [See Record No. 38; see also Chicago v. Atchison, Topeka & Santa Fe Ry. Co., 357 U.S. 77, 89, 78 S.Ct. 1063, 2 L.Ed.2d 1174 (1958) (<HOLDING>).] Although standing may be raised at any time, Options: A. holding that where a statute provides a procedure for judicial review of a bid protest a party may not circumvent the established procedures and was obligated either to pursue its right to judicial review or to file its declaratory judgment action in compliance with the procedures for administrative appeal set out in the statute B. holding that a plaintiff was not obligated to apply for a certificate of convenience and necessity and submit to the administrative procedures incident thereto before bringing an action C. holding that determination of public convenience and necessity by the public service commission was an issue of fact which warranted substantial judicial deference to the factfinding processes of the administrative agency D. recognizing that exhaustion of state administrative remedies is not a prerequisite to bringing a 1983 action E. holding the separate classification of one purported administrative convenience claim can never be reasonable and necessary for administrative convenience

assistant: The best answer is B. holding that a plaintiff was not obligated to apply for a certificate of convenience and necessity and submit to the administrative procedures incident thereto before bringing an action
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 any number of counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

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: Comply with the requirements of all applicable laws, rules, regulations, and orders of any Governmental Authority, other than laws, rules, regulations, and orders the non-compliance with which, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Change, subject to Loan Parties’ right to engage in a Permitted Protest; provided , however , that this Section 6.9 shall not apply to laws related to Taxes, which are the subject of Section 6.5 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall serve as "Chief Executive Officer," reporting to the Company's Board of Directors (the "Board"). The Executive shall have such duties and responsibilities, commensurate with the Executive's position, as may be reasonably assigned to the Executive from time to time by the Board. The Executive's principal place of employment shall be 601 Carlson Parkway, Suite 990, Minnetonka, Minnesota 55305.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: use the service in connection with material which a reasonable person could deem to be : stalking , offensive , inaccurate , incomplete , abusive , obscene , objectionable , defamatory , libelous , fraudulent or deceptive , indecent , pornographic , profane , threatening , advocating harassment or intimidation , distressing , vulgar , hateful , malicious , harmful for minors , racially or ethnically offensive , advocating racism , bigotry , hatred or physical harm of any kind against any group or individual , or disparaging the religious , political , or legal agenda of any person or entity ;

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: While you are employed by the Company, you shall serve as Chief Executive Officer for the Company. In that capacity, you will shall report to the Board of Directors of the Company (your “ Manager ”), and perform such duties as the Manager may direct from time to time. You shall be obligated to work full time for the Company and to devote your full time, attention, energy, knowledge and skills to carrying out your duties and responsibilities. You agree to perform the duties required by this Agreement faithfully, diligently and to the best of your ability in a manner that is in the best interests of the Company and its members and with such care as an ordinary prudent person in a like position would use under similar circumstances. You also agree that you will not use any confidential information or trade secrets of any third party in violation of any agreement or the rights of such third party in the performance of your duties required by this Agreement, and that you will not knowingly violate any United States federal, provincial, state or local laws or regulations applicable to you, the Company, its products, services or operations including, without limitation, the provisions of the United States Foreign Corrupt Practices Act or the regulations promulgated thereunder in the performance of such duties. You acknowledge that the Company’s Common Stock is registered under Section 12(b) of the Securities Exchange Act of 1934, as amended (the “ Act ”) and accordingly the Company is required to make public filings under Section 13 of the Act. In connection with such filings, you will be deemed the principal executive officer of the Company and You are aware of your obligations under the securities laws with respect to being designated the principal executive officer. A trade secret shall have the meaning provided by law, and is generally intended to mean information, including a formula, pattern, compilation, program, device, method, technique or process, that (a) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (b) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. You will be subject to and must comply fully with all Company policies and procedures that may be adopted that are applicable to employees, as may be established or amended from time to time.

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 case excerpt and choose the best holding from the options. Case excerpt: in addition to Intervenors’ claims that (1) Intervenors are the owners of property that is “contiguous” or near the Property, and that (2) the development of the Property in the absence of the “performance controls” that would be required in the event that the Property was found to be in or associated with a Conservation Overlay District will “significantly increase[] traffic, light pollution, noise and other related pollution that will all lead to a pecuniary loss in the value” of Intervenors’ properties, satisfies the requirements of N.C. Gen. Stat. § 1A-1, Rule 24(a)(2). As a result, we conclude that the trial court did not err by granting Intervenors’ motion to intervene pursuant to N.C. Gen. Stat. § 1A-1, Rule 24(a)(2). See Councill, 146 N.C. App. at 107, 551 S.E.2d at 910 (<HOLDING>). B. Intervenors’ Appeal In reviewing the Options: A. holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market B. holding that a landowner could recover for placement of a median strip that could not have occurred but for the taking of the landowners property because the inquiry is how much has the particular public improvement decreased the fair market value of the property taking into consideration the use for which the land was taken and all the reasonably probable effects of its devotion to that use C. holding that a motion to intervene was improperly denied when intervenors alleged that approval of councills application for a conditional use permit would 1 result in an increase of traffic volume 2 cause significant risks to the health and safety of the intervenors and their families and 3 cause a reduction in the fair market value of their property D. holding that damage to building and personal property as a result of fire negligently caused by defendant was to be measured by reasonable cash market value of the property at the time it was destroyed by the fire or if it was not totally destroyed by the diminution in its fair market value before and after the fire E. holding that an intervening party was not precluded from filing an affidavit to disqualify a judge despite the fact that there had been an earlier motion to set the cause for trial because the intervenors did not become parties to the action until their motion for intervention was granted

assistant: The best answer is C. holding that a motion to intervene was improperly denied when intervenors alleged that approval of councills application for a conditional use permit would 1 result in an increase of traffic volume 2 cause significant risks to the health and safety of the intervenors and their families and 3 cause a reduction in the fair market value of their property
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’s entitlement to the payments described in this Section 5 is expressly contingent upon Executive first providing the Company with a signed mutual release in substantially the form attached hereto as Exhibit A (the “ Release ”). In order to be effective, such Release must be (a) delivered by Executive to the Company no later than forty-five (45) days following the Termination Date; and (b) counter-signed and returned by the Company to Executive within ten (10) days following the Company’s receipt thereof; provided , however , that if Executive delivers the Release to the Company on a timely bases and the Company does not return a counter-signed Release during the applicable time period allowed, such Release of Executive shall be null and void and the payments hereunder shall cease to be contingent on the Release and this Section 5.6 .

assistant: Releases
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 Loan Document to which any Loan Party is a party constitutes the legal, valid and binding obligation of such Loan Party, enforceable against such Loan Party in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this letter agreement by the undersigned and the consummation by the undersigned of the transactions contemplated hereby do not and will not: (i) conflict with or violate any provision of the undersigned’s certificate or articles of incorporation, bylaws or other organizational or charter documents; or (ii) 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 undersigned is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company is bound or affected.

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 case excerpt and choose the best holding from the options. Case excerpt: and Kee-ton to find that a Texas court could properly exercise personal jurisdiction over a non-resident defendant in a defamation case for the distribution of allegedly defamatory printed material in Texas and elsewhere. Paul Gillrie Inst., Inc. v. Universal Computer Consulting, Ltd., 183 S.W.3d 755, 761 (Tex.App.-Houston [1st Dist.] 2005, no pet.). In that case, the Paul Gillrie Institute allegedly defamed a corporation with its headquarters and principal place of business in Texas and mailed the trade publication containing the article to subscribers across the country, including approximately fifty subscribers in Texas, some of whom were customers of the corporation. Id. at 760-61. I would hold that this case is similar to Calder a 875 (Tex.App.Houston [14th Dist.] 2004, no pet.) (<HOLDING>). Wilkerson argues that he did not purposefully Options: A. recognizing that the mere operation of a commercially interactive website is not by itself an adequate basis for the exercise of personal jurisdiction anywhere the site can be viewed B. holding that postincident conduct does not establish the purposeful availment necessary to exercise personal jurisdiction C. holding that single substantial act can support exercise of personal jurisdiction D. holding that a trial courts decision on whether to exercise jurisdiction in a proceeding under the uniform child custody and jurisdiction enforcement act is reviewed for an abuse of discretion E. holding that unlike subject matter jurisdiction personal jurisdiction may be waived

assistant: The best answer is C. holding that single substantial act can support exercise of personal jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Security Agreement shall terminate upon the satisfaction and payment in cash of all Obligations owed to Secured Party by the Debtor, but shall automatically be reinstated in the event any such payment is or is ordered to be returned by Secured Party.

assistant: Terminations
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: Interest on this Bond payable prior to or on the Maturity Date shall be paid by check or draft mailed to the Registered Holder of this Bond (provided, that any Registered Holder of $1,000,000 or more in Bonds may, upon written notice to the Trustee containing the appropriate information, elect to be paid by wire transfer of immediately available funds to an account in the United States) at its address as it appears on the registration books of the Trustee (in such capacity, the “Bond Registrar”). Interest on this Bond which is payable, and is punctually paid or duly provided for, on any Interest Payment Date shall be paid to the Registered Holder of this Bond as of the applicable Regular Record Date. In order to make payment of defaulted interest, the District shall pay the defaulted interest to the person who is the Registered Holder on a subsequent special record date. The Trustee shall fix the special record date and special interest payment date. At least 10 days before the special record date, the Trustee shall mail to the Registered Holder a notice that states the special record date, the special interest payment date, and the amount of interest to be paid.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (“Baptichon”) appeals from an order of the district court (Garaufis, J.) granting Defendant-Appellee Nevada State Bank’s motion to dismiss and denying Baptichon’s motion to amend his complaint. We assume that the parties are familiar with the facts, the procedural history, and the scope of the issues presented on appeal. Because the decision of the district court was based on the report and recommendation of the magistrate judge (Mann, M.J.), and because Baptichon did not file any timely objections to the report and recommendation, notwithstanding due notice by the magistrate judge that “[fjailure to file objections in a timely manner may waive a right to appeal the District Court order,” Baptichon has waived his right to appeal. See DeLeon v. Strode, 284 F.3d 84, 86 (2d Cir.2000) (<HOLDING>); United States v. Male Juvenile (95-CR-1074-), Options: A. holding that failure to object to magistrate judges recommendation waived issue on appeal B. holding that failure to object in a timely fashion to a magistrate judges report and recommendation generally constitutes a waiver of the defaulting partys right to appeal provided that the parties received clear notice of the consequences of their failure to object C. holding that the failure to object to an instruction constitutes a waiver of error D. holding failure to object in timely fashion at trial results in waiver of issue for appeal E. holding failure to timely object to magistrate judges recommendation waives appellate review of factual and legal questions

assistant: The best answer is B. holding that failure to object in a timely fashion to a magistrate judges report and recommendation generally constitutes a waiver of the defaulting partys right to appeal provided that the parties received clear notice of the consequences of their failure to object
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: With the exception of the Accrued Obligations, the obligation of the Company to pay any portion of the amounts due pursuant to Section 5(c) of this Agreement is expressly conditioned on Executive’s (i) execution and non-revocation of a release substantially in the form attached as Exhibit A (the “ Release ”), which Release may be may be revised to reflect changes in applicable law, no later than fifty (50) days following the Termination Date or such shorter period as may be set out in the Release (such period, the “ Release Consideration Period ”) and (ii) Executive’s compliance with the requirements of Sections 6 and 7.

assistant: Releases
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: Mr. Corrato agrees that he shall not make, or cause to be made, any disparaging or critical remarks, comments or statements about or against the Company or its subsidiaries (including the Bank) or affiliates or any director, officer, employee or customer of any such entities at any time in the future, except for any statements by him made pursuant to lawful subpoena or legal process. The Bank will advise the members of its Board of Directors (and those of the Company's Board of Directors) and all executive officers of the Bank and the Company (collectively, the "Persons to be Advised") that they should not make public statements that are in any way disparaging or negative towards Mr. Corrato. The Bank will advise the Persons to be Advised that a non-disparagement agreement is in effect, and will use reasonable efforts to enforce compliance with this Agreement. Notwithstanding the foregoing agreement, the parties hereto recognize and acknowledge that the Bank and the Company will not be liable for statements between the Bank and/or the Company and its independent auditors, state and federal banking regulators, the Securities and Exchange Commission or statements necessary to comply with applicable law or regulation. In addition, nothing contained herein shall prevent any of the parties hereto from making any truthful statement in connection with any legal proceeding or investigation by the Company, the Bank or any governmental authority .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: See Beighley, 868 F.2d at 782. Waiver is meant to prevent a defendant from using removal as an insurance policy against unfavorable treatment in state court. See Rosenthal v. Coates, 148 U.S. 142, 147-48, 13 S.Ct. 576, 577, 37 L.Ed. 399 (1893) (“[A] defendant cannot ... experiment on his case in the state court, and upon an adverse decision then transfer it to the federal court.”); Aynesworth v. Beech Aircraft Co., 604 F.Supp. 630, 637 (W.D.Tex.1985) (quoting Rosenthal). Thus, simply filing an answer, making preliminary motions, and the like does not waive removal. See Custom Blending Int’l, Inc., 958 F.Supp. at 289 (finding that a defendant did not waive removal by filing motions to transfer venue and summary judgment in state court); Labry v. IRS, 940 F.Supp. 148,149 (E.D.La.1996) (<HOLDING>). The Court observes that in most cases, the Options: A. holding that any defect in removal procedure must be cured within the 30day removal period or it is fatal to the removal and defendants failure to attach exhibits to the notice of removal within that time required remand B. holding that answering a complaint does not waive removal C. recognizing the right to waive a jury trial D. holding that removal to federal court does not waive tribal sovereign immunity E. holding that a party does not waive arbitration simply by failing to invoke it in the complaint or answer

assistant: The best answer is B. holding that answering a complaint does not waive removal
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: Luisa Gutierrez, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s decision denying her motion to reopen proceedings, in which she was ordered deported in absentia. To the extent we have jurisdiction, it is under 8 U.S.C. § 1252. We review for abuse of discretion, Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000), and we grant the petition for review in part, dismiss it in part, and remand. The BIA abused its discretion in denying Gutierrez’s motion to reopen because the record does not contain a signed certified mail return receipt to indicate that Gutierrez was properly served with the Order to Show Cause (“OSC”). See Chaidez v. Gonzales, 486 F.3d 1079, 1087 (9th Cir.2007) (<HOLDING>). Accordingly, we grant the petition in part Options: A. holding that an award for punitive damages must be supported by clear unequivocal and convincing evidence B. holding that fraud on the court must be supported by clear unequivocal and convincing evidence C. holding that the government must prove alienage by clear convincing and unequivocal evidence of foreign birth before the burden shifts to the respondent to rebut by demonstrating legal entry D. holding that under former 8 usc 1252bc1 the government has the burden of demonstrating by clear unequivocal and convincing evidence that an alien or a responsible person at her address signed the certified mail return receipt for her osc E. holding the claimant established by clear and convincing evidence that her depression was caused by her compensable physical injury

assistant: The best answer is D. holding that under former 8 usc 1252bc1 the government has the burden of demonstrating by clear unequivocal and convincing evidence that an alien or a responsible person at her address signed the certified mail return receipt for her osc
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. at 630-31, 510 A.2d 1078. Here, the police officers were executing the search warrant in connection with an investigation that appellant may be in violation of weapons law; thus the officers were not acting to benefit appellant. Under these circumstances, the absence of “actual malice” and the absence of a “special relationship” between the officers and appellant do not eliminate the officers’ entitlement to governmental immunity, or entitle appellant to a civil cause of action for money damages. Finally, because we are affirming the circuit court’s motion to dismiss as to the two police officers on the basis that appellant failed to plead facts of actual malice, the circuit court correctly granted appellee Baltimore County’s motion for judgment. DiPino, 354 Md. at 48, 729 A.2d 354 (<HOLDING>). Thus, we affirm the circuit court’s order Options: A. holding that police officers sued in their official capacity are not liable for a violation of a privacy interest where the police department did not have a policy of deliberately failing to train its officers with respect to the confidentiality of records B. holding that inter alia employees criminal conviction for alleged tortious act demonstrated employee was not acting in scope of his employment C. holding defendants personally liable for alleged conversion even when acting in corporate capacity D. holding no specific jurisdiction where alleged tortious conduct was not related to defendants contacts with texas E. holding that baltimore city cannot be liable for police officers alleged tortious conduct where the officer was acting in a governmental capacity

assistant: The best answer is E. holding that baltimore city cannot be liable for police officers alleged tortious conduct where the officer was acting in a governmental capacity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: would proceed. As petitioners acknowledge, their case had been pending for several years. Under these circumstances, we find no abuse of discretion in denying a further continuance. Therefore, we deny review on.this ground. Petitioners also assert error in the BIA’s refusal to close the case administratively to allow the DHS to exercise prose-cutorial discretion. The BIA held that it did not have jurisdiction to instruct the DHS to exercise prosecutorial discretion. We review this legal determination de novo, Dallakoti v. Holder, 619 F.3d 1264, 1267 (10th Cir.2010) (‘We review the BIA’s legal determinations de novo.... ”), and agree that the agency lacked jurisdiction to direct the DHS to exercise prosecu-torial discretion, see Cortez-Felipe v. INS, 245 F.3d 1054, 1057 (9th Cir.2001) (<HOLDING>); see also Matter of Bahta, 22 I. & N. Dec. Options: A. holding that 1252a2bs ban on review of judgments regarding the granting of relief precludes review of only discretionary decisions B. holding that we lack jurisdiction to review a claim not brought before the bia even when the bia addresses it sua sponte C. holding that the ij and bia lack authority to review discretionary decisions regarding when and whether to initiate removal proceedings D. holding that this court lacks jurisdiction to review decisions of the bia refusing to reopen immigration proceedings sua sponte E. holding that federal jurisdiction over 2241 petitions does not extend to review of discretionary determinations by the ij and the bia

assistant: The best answer is C. holding that the ij and bia lack authority to review discretionary decisions regarding when and whether to initiate removal proceedings
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 Plan, the Award Agreements, and all actions taken thereunder shall be governed by, and construed in accordance with, the laws of the State of Delaware, without regard to such state's or any other jurisdiction's conflicts of law principles.

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: Programmer shall indemnify and hold Licensee harmless against any and all liability arising from the broadcast of the Programs on the Station, including without limitation all liability for indecency, libel, slander, illegal competition or trade practice, infringement of trademarks, trade names, or program titles, violation of rights of privacy, and infringement of copyrights and proprietary rights or any other violation of third party rights or FCC rules or other applicable law. Licensee shall indemnify and hold Programmer harmless against any and all liability arising from the broadcast of Licensee’s programming on the Station, including without limitation all liability for indecency, libel, slander, illegal competition or trade practice, infringement of trademarks, trade names, or program titles, violation of rights of privacy, and infringement of copyrights and proprietary rights or any other violation of third party rights or FCC rules or other applicable law. The obligations under this Section shall survive any termination of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Letter may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one agreement. The headings of the various sections of this Letter have been inserted for reference only and shall not be deemed to be a part of this Letter.

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: The Receiving Party agrees to: (e) Limit the internal dissemination of the Confidential Information and the internal disclosure of the Confidential Information received from the Disclosing Party to those officers and employees, if any, of the Receiving Party who have a need to know and an obligation to protect it;

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: In the event of any pending or threatened investigation, proceeding, lawsuit, claim or legal action against or involving the Company, the Grantee acknowledges and agrees to cooperate to the fullest extent possible in the investigation, preparation, prosecution, or defense of the Company’s case, including, but not limited to, the execution of affidavits or documents, providing of information requested by the Company or the Company’s counsel, and meeting with Company representatives or the Company’s counsel. Nothing in this paragraph shall be construed as suggesting or implying that the Grantee should testify in any way other than truthfully or provide anything other than accurate, truthful information.

assistant: Cooperation