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: a duty to retreat upon a defendant engaged in unlawful activity. See Andujar-Ruiz v. State, 205 So.3d 803, 806-07 (Fla. 2d DCA 2016) (citing, inter alia, Little, 111 So.3d at 220-22; Dorsey v. State, 149 So.3d 144, 147 (Fla. 4th DCA 2014)); cf. Miles v. State, 162 So.3d 169, 171-72 (Fla. 5th DCA 2015) (“[Ujnder the prior Stand Your Ground law, a defendant could assert immunity under section 776.012 even if he or she was engaged in an unlawful act at the time.”); Garrett v. State, 148 So.3d 466, 471 (Fla. 1st DCA 2014) (“The fact that [defendant] was a convicted felon in unlawful possession of a firearm did not apply to the jury’s consideration of whether [defendant] had a duty to retreat under section 776.012(1).”); Hill v. State, 143 So.3d 981, 985-86 (Fla. 4th DCA 2014) (en banc) (<HOLDING>); Pages v. Seliman-Tapia, 134 So.3d 536, 539 Options: A. holding that defendant need not establish that he was not engaged in unlawful activity under section 776012 B. holding that a person engaged in an unlawful activity such as possession of an illegal firearm by a felon would not be entitled to claim immunity under section 7760321 based on the use of force as permitted in section 7760133 C. holding states are not persons for the purposes of section 1983 D. holding that the application of section 776012 is not limited to persons not engaged in unlawful activity E. holding that a plaintiffs retaliation claim is cognizable even in the absence of protected activity as long as his employer perceived him to be engaged in such activity

assistant: The best answer is D. holding that the application of section 776012 is not limited to persons not engaged in unlawful activity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator 's decision or award in one person 's case can only impact the person who brought the claim , not other zynga players , and can not be used to decide other disputes with other players .

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: If the Executive’s employment is terminated by reason of the Executive’s Disability during the Employment Term, this Agreement shall terminate without further obligations to the Executive, other than: (i) the obligation to pay or provide to the Executive the Accrued Obligations , (ii) payment of the Pro-Rata Bonus, and (iii) the vesting of Equity Awards as provided in subsection (e) below .

assistant: Disability
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: Borrower will not, directly or indirectly, use the proceeds of the Revolving Advances, any Letter of Credit or the Term Loan, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other Person, (a) to fund any activities or business of or with any Person, or in any country or territory, that, at the time of such funding, is, or whose government is, the subject of Sanctions, or (b) in any other manner that would result in a violation of Sanctions by any Person (including any Person participating in the Revolving Advances, the Letters of Credit or the Term Loan, whether as underwriter, advisor, investor, or otherwise).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement is held to be illegal, invalid, or unenforceable under any present or future laws applicable to the Company effective during the term of this Agreement, such provision will be fully severable; this Agreement will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement; and the remaining provisions of this Agreement will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Wis. 2d 304, 311, 471 N.W.2d 263 (Ct. App. 1991) (citing Dehnart v. Waukesha Brewing Co., 21 Wis. 2d 583, 589, 124 N.W.2d 664 (1963), regarding claim preclusion (res judicata) and arbitration awards). 59 Courts have struck down arbitration provisions precluding class representation. See cases cited at 1 Farnsworth, supra note 19, § 4.28, at 593 n.52. 60 Wis. Stat. § 426.110(4)(e). 61 Many other courts have found unconscionable express prohibitions on class actions claims. See, e.g., Ting, 319 F.3d at 1150 (under California law, class action ban in contract of adhesion unconscionable); Comb v. PayPal, Inc., 218 F. Supp. 2d 1165, 1175-76 (N.D. Cal. 2002) (express prohibition on "consolidation of claims" in arbitration agreement unconscionable under California law 9, 894 (9th Cir. 2002) (<HOLDING>); Shankle v. B-G Maint. Mgmt. of Colorado, Options: A. holding that an arbitration provision that waived class actions and thus required the consumer to pay a 125 fee to vindicate a 150 claim was substantively unconscionable but also holding that the waiver provision was severable from the remainder of the arbitration provision which would be enforced B. holding that where the arbitration agreement was silent on feesplitting and the costs imposed upon the plaintiff by the aaa were not prohibitive the plaintiff had presented little evidence to indicate that arbitration would be prohibitively expensive and the fees and costs of arbitration did not render the arbitration scheme unconscionable C. holding fee splitting provision of arbitration agreement unconscionable under california law D. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs E. holding that an arbitration fee allocating scheme in an employment contract would alone render the arbitration provision unconscionable under california law

assistant: The best answer is E. holding that an arbitration fee allocating scheme in an employment contract would alone render the arbitration provision unconscionable under california 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: Proceeds of Collateral include insurance proceeds and, therefore, the Lien Priority shall govern the ultimate disposition of casualty insurance proceeds. The ABL Agent and each Term Agent shall each be named as additional insured or lender loss payee, as applicable, with respect to all insurance policies relating to the Collateral as set forth in the ABL Credit Agreement or any Term Loan Credit Agreement, as applicable. Until Discharge of ABL Obligations, the ABL Agent shall have the sole and exclusive right, as against each Term Agent, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of ABL Priority Collateral and take other such actions with respect to insurance covering the ABL Priority Collateral as set forth in the ABL Credit Agreement. Until Discharge of the Term Obligations, the Term Agents shall have the sole and exclusive right, as against the ABL Agent, to adjust settlement of insurance claims in the event of any covered loss, theft or destruction of Term Priority Collateral and take other such actions with respect to insurance covering the Term Priority Collateral as set forth in the Term Documents. To the extent that an insured claim covers both ABL Priority Collateral and Term Priority Collateral, then the ABL Agent and each Term Agent will work jointly and in good faith to collect, adjust and/or settle under the insurance policy, as applicable. If the parties are unable after negotiating in good faith to agree on the collection, adjustment or settlement for such claim and the insurer will not settle such claim separately with respect to ABL Priority Collateral and Term Priority Collateral, either party may apply to a court of competent jurisdiction to make a determination as to the settlement of such claim, and the court’s determination shall be binding upon the parties. All proceeds of such insurance shall be remitted to the ABL Agent or the Designated Term Agent, as the case may be, and each of the Term Agents and ABL Agent shall cooperate (if necessary) in a reasonable manner in effecting the payment of insurance proceeds in accordance with Section 4.1 hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The representations and warranties contained in this Agreement and the other Loan Documents shall be true and correct in all material respects, except for any representation and warranty that is qualified by materiality or references Material Adverse Effect, in which case such representation and warranty shall be true and correct in all respects on and as of such borrowing, continuation, conversion, issuance or extension date with the same effect as if made on and as of such date, (except for any such representation and warranty that by its terms is made only as of an earlier date, which representation and warranty shall remain true and correct in all material respects as of such earlier date, except for any representation and warranty that is qualified by materiality or references Material Adverse Effect, which such representation and warranty shall be true and correct in all respects as of such earlier date).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Tarver used excessive force in that he applied the handcuffs too tightly, we have held “that minor, incidental injuries that occur in connection with the use of handcuffs to effectuate an arrest do not give rise to a constitutional claim for excessive force.” Freeman v. Gore, 483 F.3d 404, 417 (5th Cir.2007). In Freeman, the plaintiff alleged that she “suffered bruising on her wrists and arms because the handcuffs were applied too tightly,” and the court found those injuries were too minor to support an excessive force claim. Id. In this case, Deville has provided evidence that the handcuffs were applied so tightly as to cause long-term nerve damage that was severe enough to require four surger ies. These injuries are not de minimis. Compare Tarver v. City of Edna, 410 F.3d at 751-52 (<HOLDING>). While the officers claim that she did not Options: A. holding that two incidents of alleged excessive force are insufficient to show policy or custom B. holding that the district court properly found that trivial instances of actual confusion were de minimis C. holding that acute contusions of the wrist and psychological injury from being handcuffed were de minimis and insufficient to find excessive force D. holding that a contusion cut to his lips bruises lesions to his wrist and a strained neck and back exceed the de minimis threshold E. holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim

assistant: The best answer is C. holding that acute contusions of the wrist and psychological injury from being handcuffed were de minimis and insufficient to find excessive force
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision of this Agreement, the Option shall not be exercisable if the exercise or issuance thereof would result in a violation of any law. The Company will make reasonable efforts to comply with all applicable federal and state securities laws.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that any notices , agreements , disclosures , or other communications that we send to you electronically will satisfy any legal communication requirements , including that such communications be in writing .

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: or discretion, and that occurs during the processing of a taxpayer’s case after all prerequisites to the act, such as conferences and review by supervisors, have taken place.” 26 C.F.R. 301.6404-2(b)(2). In contrast, acts that either are “managerial or arise out of general administrative decisions are not ministerial.” Mekulsia v. Commissioner of Internal Revenue, 2003 WL 21107687 (U.S.Tax Ct. May 15, 2003) (citing section 301.6231(c)-5T, Temporary Proced. & Admin. Regs.). The United States Tax Court has held that the commencement of a criminal tax investigation of a partner in a TEFRA partnership does not necessarily merit the abatement of interest. See Mekulsia v. Comm’r, 2003 WL 21107687 (U.S.Tax Ct. May 15, 2003); see also Hawksley v. Comm’r, 2000 WL 1706715 (U.S.Tax Ct.2000) (<HOLDING>). Furthermore, the mere passage of time does Options: A. holding that right was available in grand jury proceedings B. holding that seizure of taxpayers records in conjunction with an arrest pursuant to grand jury felony indictment of taxpayers purported representative was not a ministerial act error or delay in which could support abatement of interest C. holding the trial court erred in ordering the transcription of grand jury proceedings so that it could intervene in the operations of the grand jury D. holding that in the situation of a possible dismissal of an indictment because of possible grand jury tampering only where knowing perjury relating to a material matter has been presented to the grand jury should the trial judge dismiss an otherwise valid indictment E. holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury

assistant: The best answer is B. holding that seizure of taxpayers records in conjunction with an arrest pursuant to grand jury felony indictment of taxpayers purported representative was not a ministerial act error or delay in which could support abatement of interest
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 Holdings and the Borrower shall, and cause each of its Restricted Subsidiaries to use the proceeds of the Advances (a) to directly or indirectly consummate the Initial Acquisition, (b) to pay the fees, costs and expenses incurred in connection with this Agreement, the Initial Acquisition, the Revolver Amendment and the other transactions contemplated hereby, and (c) to provide ongoing working capital and for other general corporate purposes of the Borrower and its Restricted Subsidiaries.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: impression in this circuit. “For purposes of evaluating whether a pri- or offense constitute^] a crime of violence for purposes of § 4B1.2, we first look to the statutory basis of the conviction.” United States v. Farnsworth, 92 F.3d 1001, 1008 (10th Cir.1996). The court examines “the statutory elements of the crime.” United States v. Zamora, 222 F.3d 756, 764 (10th Cir.), cert. denied, —- U.S. -, 121 S.Ct. 641, 148 L.Ed.2d 547 (2000). If the statute is ambiguous, or broad enough to encompass both violent and nonviolent crimes, a court can look beyond the statute “to certain records of the prior proceeding, such as the charging documents, the judgment, any plea thereto, and findings by the court.” Id. The statutory basis of the conviction in question is 26 U.S.C. § 5861(d), whic 91) (<HOLDING>). We join these circuits in holding that Options: A. holding that possession of a sawed off shotgun is a crime of violence B. holding that in a prosecution for possession of an unregistered firearm evidence of an armed robbery committed with the firearm was admissible C. holding unlawful possession of any unregistered firearm involves a substantial risk that physical force against the person or property of another will occur D. holding possession of an unregistered firearm is presumptive evidence of unlawful violent intentions and therefore involves the substantial risk of violence necessary to label the possession a crime of violence E. holding that kidnapping is a violent crime which inherently involves the threat of violence under ussg 4b121ii

assistant: The best answer is D. holding possession of an unregistered firearm is presumptive evidence of unlawful violent intentions and therefore involves the substantial risk of violence necessary to label the possession a crime of violence
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 abide by certain rules of conduct , including any applicable community standards for the portion of the service you are using ) and other rules prohibiting illegal and other practices that linden lab deems harmful .

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: of the deceased or another would result?” 4 . Tucker, 115 F.3d at 282; Lackey, 28 F.3d at 489; James v. Collins, 987 F.2d 1116, 1121 (5th Cir.1993); Cordova v. Collins, 953 F.2d at 170. 5 . The second special issue reads: "Is there a probability that the defendant will commit criminal acts of violence that will constitute a continuing threat to society?” 6 . The third special issue poses the question: "Was the conduct of the defendant in killing the deceased unreasonable in response to the provocation, if any by the deceased?” 7 . See Evans v. State, 601 S.W.2d 943, 946 (Tex.Crim.App.1980); Brown v. State, 554 S.W.2d 677, 678-79 (Tex.Crim.App.1977). 8 . See Washington, 466 U.S. at 695, 104 S.Ct. 2052; Mann v. Scott, 41 F.3d 968, 983-84 (5th Cir.1994). 9 . See Duhamel, 955 F.2d at 966 (<HOLDING>). 10 . See, e.g., Ransom v. Johnson, 126 F.3d Options: A. holding that an assertion of prejudice is not a showing of prejudice B. recognizing that the burden of persuasion for a showing of prejudice was on the defendant C. holding that the omission of evidence that the defendant was moderately mentally retarded with an iq of 56 did not result in prejudice D. holding that miscitation or omission of a statutory provision is not a basis for reversal unless the defendant demonstrates prejudice E. holding lack of prejudice to the defendant is not good cause

assistant: The best answer is C. holding that the omission of evidence that the defendant was moderately mentally retarded with an iq of 56 did not result in prejudice
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: prior perjury conviction and her acknowledgment of guilt for that offense “ ‘did not influence the [fact finder], or had but slight effect.’ ” Clay, 262 Va. at 260, 546 S.E.2d at 731 (quoting Kotteakos, 328 U.S. at 764, 66 S.Ct. at 1248, 90 L.Ed. at 1566). Because I believe our prior holdings in Cole and Craddock compel the conclusion that the trial court’s error was not harmless, I would reverse the conviction and remand for a new trial. Thus, I respectfully dissent. 5 . Even if Pierce had later opted to testify, our case law would support the conclusion that this decision would not render harmless the court’s knowingly erroneous admission of impeachment evidence in the Commonwealth’s case-in-chief. Cf. Purvis v. Commonwealth, 31 Va.App. 298, 309-10, 522 S.E.2d 898, 903 (2000) (<HOLDING>). 6 . The majority asserts "LeBray testified Options: A. holding exclusion was harmless error B. holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt C. recognizing that where the error involved defies analysis by harmless error standards or the data is insufficient to conduct a meaningful harmless error analysis then the error will not be proven harmless beyond a reasonable doubt D. holding that any error was harmless and thus not plain error E. holding erroneous refusal to sever offenses in bench trial is not harmless error where only fact that would render refusal harmless is defendants decision to testify and clear evidence establishes that the trial court used the harmless error doctrine prospectively as a basis to disregard an established rule of law quoting hackney v commonwealth 28 vaapp 288 296 504 se2d 385 389 1998 en banc

assistant: The best answer is E. holding erroneous refusal to sever offenses in bench trial is not harmless error where only fact that would render refusal harmless is defendants decision to testify and clear evidence establishes that the trial court used the harmless error doctrine prospectively as a basis to disregard an established rule of law quoting hackney v commonwealth 28 vaapp 288 296 504 se2d 385 389 1998 en banc
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Section 3.14 of the Disclosure Schedule, no broker, finder or investment banker is entitled to any brokerage, finder’s or other fee or commission in connection with the transactions contemplated by this Agreement based upon arrangements made by or on behalf of Seller or any of its Affiliates or any of their respective officers or directors.

assistant: Brokers
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: management team, suggesting that GECC understood itself to be the true owner of the shares despite the nominal vesting of title in Gaffney, Brooks, and Villa. We agree with the Ninth Circuit that a prerequisite for lender liability is that whatever responsibility the lender may have assumed for the borrower’s business, such responsibility must have been for the “ordinary operation” of the business. Thus, as in bankruptcy law, the lender may not be hable under WARN for “winding up” or foreclosure activities not taken as part of an effort to operate the business in the “normal commercial sense,” Weslock, 66 F.3d at 245, even if, as a result of the foreclosure, the lender “owns” the shares for some period of time. Cf. In re United Healthcare System, Inc., 200 F.3d 170, 179 (3d Cir.1999) (<HOLDING>). However, GECC’s own documents demonstrate Options: A. holding that puffing does not give rise to fraud liability under mississippi law B. holding duty to warn exists only if public entity makes assurances that could give rise to justifiable reliance C. holding that a violation of a state statute regarding the swearing of criminal complaints does not give rise to constitutional liability D. holding that a fiduciarys winding up activities in the course of a companys liquidation pursuant to a bankruptcy fifing cannot give rise to warn act liability E. holding that failure to record an assignment does not give rise to a cause of action

assistant: The best answer is D. holding that a fiduciarys winding up activities in the course of a companys liquidation pursuant to a bankruptcy fifing cannot give rise to warn act liability
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any Lender shall, by exercising any right of set off or counterclaim or otherwise, obtain payment in respect of any principal of or interest on any of its Loans resulting in such Lender receiving payment of a greater proportion of the aggregate amount of its Loans and accrued interest thereon than the proportion received by any other Lender, then the Lender receiving such greater proportion shall purchase (for cash at face value) participations in the Loans of other Lenders to the extent necessary so that the benefit of all such payments shall be shared by the Lenders ratably in accordance with the aggregate amount of principal of and accrued interest on their respective Loans; provided that (i) if any such participations are purchased and all or any portion of the payment giving rise thereto is recovered, such participations shall be rescinded and the purchase price restored to the extent of such recovery, without interest, and (ii) the provisions of this paragraph shall not be construed to apply to any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement or any payment obtained by a Lender as consideration for the assignment of or sale of a participation in any of its Loans to any assignee or participant, other than to the Borrower or any Subsidiary or Affiliate thereof (as to which the provisions of this paragraph shall apply). The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any particular state’s conflict of laws rules or provisions and to the extent permitted by federal law, this Agreement shall be interpreted, construed, and enforced pursuant to and in accordance with the laws of the State of Ohio. Except for the two specific circumstances set forth below, the parties agree to submit all disputes arising out of or in connection with this Award Agreement to the exclusive jurisdiction of the Court of Common Pleas, Franklin County, Ohio, or the federal courts of Ohio. Employee expressly consents to the personal jurisdiction of the state and federal courts of Ohio for any lawsuit filed there against Employee by the Company arising from or relating to this Award Agreement. Employee further agrees that the Court of Common Pleas, Franklin County, Ohio and the federal courts of Ohio are proper venues for any resolution of disputes in connection with or arising out of this Award Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each 2019-2 Lease Agreement complied in all material respects at the time it was originated, and as of the date of the 2019-2 Servicing Supplement will comply in all material respects, with all requirements of federal, State and local laws.

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: Landlord and Tenant each represents and warrants to the other that such representing party has had no dealings, negotiations, or consultations with respect to the Premises or this transaction with any broker or finder other than a Landlord affiliate and Broker. Each party shall indemnify, defend, and hold harmless the other from and against any and all liability, cost, and expense (including reasonable attorneys’ fees and court costs), arising out of or from or related to its misrepresentation or breach of warranty under this Section. Landlord shall pay Broker a commission in connection with this Lease pursuant to the terms of a separate written agreement between Landlord and Broker. This Section shall survive the Expiration Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Participant institutes any legal action in seeking to obtain or enforce, or is required to defend in any legal action the validity or enforceability of, any right or benefit provided by this Plan, the Company shall reimburse the Participant (within 10 days following the Company’s receipt of an invoice from the Participant) for all reasonable costs and expenses relating to such legal action that are incurred at any time from the Effective Date through the Participant’s remaining lifetime or, if longer, through the 20th anniversary of the Effective Date, including reasonable attorney’s fees and expenses incurred by such Participant, unless a court or other finder of fact having jurisdiction thereof makes a determination that the Participant’s position was frivolous. In no event shall the Participant be required to reimburse the Company for any of the costs and expenses relating to such legal action. The Company’s obligations under this Section shall survive the termination of this Plan. In order to comply with Section 409A of the Code, in no event shall the payments by the Company under this Section be made later than the end of the calendar year next following the calendar year in which such fees and expenses were incurred, provided, that the Participant shall have submitted an invoice for such fees and expenses at least 30 days before the end of the calendar year next following the calendar year in which such fees and expenses were incurred. The amount of such legal fees and expenses that the Company is obligated to pay in any given calendar year shall not affect the legal fees and expenses that the Company is obligated to pay in any other calendar year, and the Participant’s right to have the Company pay such legal fees and expenses may not be liquidated or exchanged for any other benefit.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him, he cannot state a claim for breach on this ground. See Life Care Ctrs. of Am., 79 F.3d at 514 (concluding that damages are an essential element of a breach of contract under Tennessee law). 8 . Wachovia arrives at this calculation by taking the $389.66 per month payment specified in the May DFA plus Hinton’s "regular payment” of $887.72. J.A. at 24 (May DFA at 1). Wachovia determines the "regular payment” to be $887.72 by dividing $7101.77, the total of the eight "regular payments,” by eight. Id. 11 . Wachovia’s conduct, even if deceptive, might not be covered by the TCPA because it is not clear under Tennessee law that such actions related to a forebearance agreement would be seen as affecting commerce. See Pursell v. First Am. Nat’l Bank, 937 S.W.2d 838, 840-42 (Tenn.1996) Options: A. holding that claim against state for failing to prevent sexual abuse was covered by statute B. holding that a claim for breach of a provision in a merger agreement arises from the purchase or sale of the debtors securities C. holding that payments from a tortfeasors insurer are not from a collateral source because they stem directly from the tortfeasor D. recognizing that discrepancy regarding political activities went to the heart of petitioners claims where those activities formed the basis of the persecution claim E. holding that a claim for deception regarding lenders repossession of debtors collateral was not covered by the tcpa but explicitly refraining from exempting banking activities from the tcpa

assistant: The best answer is E. holding that a claim for deception regarding lenders repossession of debtors collateral was not covered by the tcpa but explicitly refraining from exempting banking activities from the tcpa
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: inference is belied by the letters attached to the Blue Tree Owners’ complaint in which the Blue Tree Owners objected to the manner in which Starwood was allocating vendor payments. These letters contain no assertion that vendor payments are illegal or made pursuant to illicit agreements between Starwood and the vendors to act contrary to the Blue Tree Owners’ interests. Rather, they demonstrate that as of December 1998, if not earlier, the Blue Tree Owners were aware that Starwood was receiving vendor payments as a result of its volume purchasing power. Because the Blue Tree Owners’ complaint does not allege that the vendor payments themselves were improper, the Blue Tree Owners have failed to allege facts constituting commercial bribery. Compare Excel Handbag Co., 630 F.2d at 386-87 (<HOLDING>); United Magazine Co. v. Murdoch Magazines Options: A. holding that bribery only occurs where there is some offer of special treatment in exchange for something of value B. holding that there was no coverage because there was no occurrence within the meaning of the policy because defective workmanship does not constitute an accident or an occurrence under a commercial general liability policy C. holding that there could be no risk of spillover evidence where there was significant proof that both defendants participated in all the transactions D. holding that evidence did not establish commercial bribery because there was no proof of inducement E. holding that a 2c claim based on commercial bribery requires proof of commercial bribery

assistant: The best answer is D. holding that evidence did not establish commercial bribery because there was no proof of inducement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is personal in nature and cannot be assigned by Fenech. The Parent Company or Grand Design may assign this Agreement to any affiliate or subsidiary or purchaser of substantially all of the assets. The terms, conditions and covenants herein shall be binding upon the heirs and personal representatives of Fenech, and the successors, assigns of Parent Company and Grand Design, and any parent, subsidiary or affiliate of Parent Company and Grand Design.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: settlement, the insurer may be liable to the insured to pay the verdict rendered against the insured even though the verdict exceeds the policy limit of liability. The reason for this rule is that the insurer ‘may not gamble’ with the funds of its insured by refusing to settle within the policy limits.”); Delaney v. St. Paul Fire & Marine Ins. Co., 947 F.2d 1536, 1547 (11th Cir.1991) (“Georgia law is clear that in a case in which a liability insurer defending a claim brought against its insured refuses, in bad faith, an offer to settle within the policy limits, and an excess judgment is entered against the insured, the insured may recover the amount by which the judgment exceeds the policy limits.”);c/ Trinity Outdoor, LLC v. Central Mut. Ins. Co., 285 Ga. 583, 679 S.E.2d 10, 13 (2009) (<HOLDING>). To Nationwide’s predictable chagrin, it is Options: A. holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict B. holding action by judgment creditor of insured against insurer for bad faith failure to settle claim against insured not a direct action within section 1332c proviso C. holding that insured may recover attorneys fees from insurer where insurer acts in bad faith D. holding that a negligence claim against an insured and a bad faith claim against the insurer are not separate as the first must be proved to prevail on the second E. holding that insured was not required to suffer an excess judgment before it could sue its excess insurer and primary insurer for bad faith failure to settle where it was alleged the insurers arbitrarily refused to settle and insured was required to pay 1 million in settlement to avoid near certainty of larger judgment that would exceed all available coverage

assistant: The best answer is A. holding that insured cannot bring an action against its insurer for bad faith failure to settle a claim in the absence of an excess verdict
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: Tenant warrants that it has had no dealings with any real estate broker or agent in connection with the negotiation of this Amendment other than Stream Realty Partners, L.P. (“Landlord’s Broker”) and SkylesBayne (“Tenant’s Broker”) and that it knows of no other real estate brokers or agents who are or might be entitled to a commission in connection with this Amendment. Landlord shall pay a commission to Landlord’s Broker and Tenant’s Broker pursuant to a separate written agreement entered into between Landlord and such broker. Tenant agrees to indemnify and hold Landlord harmless from and against any liability or claim arising with respect to any brokers or agents other than Landlord’s Broker and Tenant’s Broker claiming a commission by, through, or under Tenant in connection with this Amendment.

assistant: Brokers
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 will become effective as of May 1, 2017 (“ Effective Date ”) and continue until your resignation or removal, or until your successor is duly elected and qualified. Your position will be subject to re-election each year at the annual shareholders’ meeting and, upon re-election, the terms and provisions of this Agreement shall remain in full force and effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be a mitigating factor because it does not relate to a defendant’s character or background or to the circumstances of the offense. We are unpersuaded by defendant’s argument. In Martini I, supra, the Court rejected the same argument advanced by defendant. 131 N.J. at 313, 619 A.2d 1208. There, the Court concluded that although the trial court should instruct the jury during the penalty phase on potential noncapital sentences, “the court should inform the jury that defendant’s possible sentence for the other convictions should not influence its determination regarding the appropriateness of a death sentence on the murder count.” Ibid. Martini I’s holding in this regard is in harmony with the Court’s pronouncements in related contexts. See Bey III, supra, 129 N.J. at 603, 610 A.2d 814 (<HOLDING>). Indeed, it would lead to an incongruous Options: A. holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences B. holding that juries should be informed of noncapital sentences but that they should base sentencing decision solely on aggravating and mitigating factors C. holding that although the guidelines should be the starting point and the initial benchmark of calculating a proper sentence the district court should then consider all of the 3553a factors to determine whether they support the sentence requested by a party D. holding that although court should inform jury about defendants prior sentences the court should instruct the jury that it should not consider prior sentences in its decision to impose a life or death sentence because they are not statutory aggravating or mitigating factors E. holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant

assistant: The best answer is D. holding that although court should inform jury about defendants prior sentences the court should instruct the jury that it should not consider prior sentences in its decision to impose a life or death sentence because they are not statutory aggravating or mitigating factors
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: States v. Verdunn, 89 F.3d at 802). Although the Debtor disputes whether he is liable on his unsecured debts stemming from the Michigan and Ohio law suits, the issue of whether a debtor is hable for a particular debt is separate from whether that debt is liquidated as of the filing date for purposes of § 109(e). See Slack v. Wilshire Ins. Co. (In re Slack), 187 F.3d 1070, 1074-75 (9th Cir.1999) (“Even if a debtor disputes the existence of liability, if the amount of the debt is calculable with certainty, then it is liquidated for the purposes of § 109(e).”); In re Sylvester, 19 B.R. at 673 (“the fact the claim was disputed was not relevant for purposes of section 109(e), and the fact it was subject to defenses and counterclaims was likewise not relevant”); In re Jordan, 166 B.R. at 202 (<HOLDING>). As the Court in In re Jordan determined, Options: A. holding that an attempted setoff in response to a debtors postpetition lawsuit was enjoined by 524a2 notwithstanding that acts giving rise to action occurred prepetition B. holding that legal malpractice claim against chapter 7 debtor arose prepetition when the conduct giving rise to the claim occurred and therefore was subject to the debtors discharge C. holding disputed claim for misappropriation of funds is noncontingent and liquidated because all events giving rise to liability occurred prepetition and the amount of the debt can be calculated D. holding that in a dispute between insurer and insured in which the insurer admitted liability hut disputed the amount of damages it was only after entry of a judgment upon that verdict that the claim became liquidated E. holding that every prepetition debt is discharged subject to the provisions of 523

assistant: The best answer is C. holding disputed claim for misappropriation of funds is noncontingent and liquidated because all events giving rise to liability occurred prepetition and the amount of the debt can be calculated
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: suspect the appellant was using for criminal purposes, even including the. appellant’s bedroom — at least in the absence of any agreement between the two that would expressly prohibit the grandfather from making such an intrusion, or some other obvious indicium of exclusion, such as a lock on the door to demonstrate that the grandfather was, de facto, excluded from the room. We hold that, on the facts as the trial court was entitled to view them, Reed had actual authority to consent to the search of the appellant’s bedroom. Apparent Authority The State alternatively contends that Reed had apparent authority to consent to the search of the appellant’s bedroom, i.e., that the officers reasonably believed Reed S.Ct. 2013, 144 L.Ed.2d 442 (1999) (citing Californ Christi 1990, pet. ref'd) (<HOLDING>); U.S. v. Lin, 131 Fed.Appx. 884 (3d Cir.2005) Options: A. holding that mother who was resident of house shared with adult daughter could give valid consent to search premises B. holding cotenants consent to search valid where rodriguez who was asleep inside the house was not asked for his consent if police reasonably believed the consenter possessed common authority over the premises C. holding that defendants adult son who was living on defendants property had equal control over use of premises and had authority to consent to a search D. holding that consent to search premises includes consent to search washing machine on those premises E. holding that a warrantless search of a shared dwelling was reasonable as to one occupant who gave consent but not to another who did not

assistant: The best answer is A. holding that mother who was resident of house shared with adult daughter could give valid consent to search premises