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 legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Plan, embodies the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior oral or written agreements and understandings relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement not expressly set forth in this Agreement shall affect or be used to interpret, change or restrict the express terms and provisions of this Agreement; provided , however , in any event, this Agreement shall be subject to and governed by the Plan. The Administrator shall have authority, subject to the express provisions of the Plan and this Agreement, to establish, amend and rescind rules and regulations relating to the Plan, and to make all other determinations that are, in the judgment of the Administrator, necessary or desirable for the administration of the Plan. The Administrator may correct any defect, supply any omission or reconcile any inconsistency in the Plan or in this Agreement in the manner and to the extent it shall deem expedient to carry the Plan into effect and it shall be the sole and final judge of such expediency. All actions by the Administrator under the provisions of this Section 19 shall be conclusive for all purposes. The Grantee specifically understands and agrees that the SARs are being granted under the Plan, copies of which Plan the Grantee acknowledges the Grantee has read, understands and by which the Grantee agrees to be bound.

assistant: Entire Agreements
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 Release will be construed and enforced in accordance with the laws of the State of Delaware without regard to the principles of conflicts of law. If any provision of this Release is held by a court of competent jurisdiction to be illegal, void or unenforceable, such provision shall have no effect; however , the remaining provisions will be enforced to the maximum extent possible. The Parties acknowledge and agree that, except as otherwise set forth herein, this Release constitutes the entire agreement and complete understanding of the Parties with regard to the matters set forth herein and, except as otherwise set forth in this Release, supersedes any and all agreements (including without limitation the Employment Agreement), understandings, and discussions, whether written or oral, between the Parties. No other promises or agreements are binding unless in writing and signed by each of the Parties after the Release Effective Date (as defined below). Should any provision of this Release require interpretation or construction, it is agreed by the Parties that the entity interpreting or constructing this Release shall not apply a presumption against one party by reason of the rule of construction that a document is to be construed more strictly against the Party who prepared the document. The Parties agree to bear their own attorneys’ fees and costs with respect to this Release.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: skype 's software and products are not intended to support or carry emergency calls to any type of hospitals , law enforcement agencies , medical care units or any other kind of services that connect a user to emergency services personnel or public safety answering points ( `` emergency services '' ) .

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: Call Out Form Re: Shi’a Muslim Classes, Ex. 2 to Rettig Decl.; 12/16/08 Day of Ghadir Memorandum, Ex. 3 to Rettig Decl.; 12/23/08 Day of Mubahila Memorandum, Ex. 3 to Rettig Decl. 111 . 1/17/08 Memorandum, Bates 68, Ex. 6 to Rettig Decl. 112 . See Salahuddin, 467 F.3d at 275. 113 . United States v. Decastro, 682 F.3d 160, 164 (2d Cir.2012) (quoting Jackson-Bey, 115 F.3d at 1096). 114 . Jackson-Bey, 115 F.3d at 1096. 115 . See id. at 1098. 116 . See Muharram 2010 Call Out Form, Ex. 11 to Rettig Decl. 117 . See 12/7/10 Muharram 2010 Memorandum, Ex. 11 to Rettig. Decl. 118 . See Pl. 56.1 ¶ 46. 119 : See Def. Mem. at 19. 120 . See Pl. Mem. at 20. 121 . See id. at 21. 122 . See Graham v. Henderson, 89 F.3d 75, 80 (2d Cir.1996) (citing Franco v. Kelly, 854 F.2d 584, 589 (2d Cir.1988) (<HOLDING>)). 123 . See Def. Mem. at 12. 124 . See id. 125 Options: A. holding no first amendment right to file frivolous grievances B. holding that a prisoners right to hie grievances is constitutionally protected under the first and fourteenth amendments C. holding that the sixth and fourteenth amendments imply the right to selfrepresentation D. recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances E. holding that an inmate has a first amendment right to file grievances against prison officials

assistant: The best answer is B. holding that a prisoners right to hie grievances is constitutionally protected under the first and fourteenth amendments
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with the prior written consent of the disclosing party, the recipient of any Confidential Information will not disclose that Confidential Information, except to Affiliates, employees, agents or professional advisors who need to know it and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The recipient will ensure that those people and entities use Confidential Information only to exercise rights and fulfill obligations under this Agreement, while using reasonable care to keep the Confidential Information confidential. The recipient may also disclose Confidential Information when required by law after giving reasonable notice to the discloser, if permitted by law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any dispute arising out of or relating to this Agreement or the alleged breach of it, or the making of this Agreement, including claims of fraud in the inducement, shall be discussed between the disputing parties in a good faith effort to arrive at a mutual settlement of any such controversy. If, notwithstanding, such dispute cannot be resolved, such dispute shall be settled by binding arbitration. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be a retired state or federal judge or an attorney who has practiced securities or business litigation for at least 10 years. If the parties cannot agree on an arbitrator within 20 days, any party may request that the chief judge of the District Court of Hennepin County , select an arbitrator. Arbitration will be conducted pursuant to the provisions of this Agreement, and the commercial arbitration rules of the American Arbitration Association, unless such rules are inconsistent with the provisions of this Agreement. Limited civil discovery shall be permitted for the production of documents and taking of depositions. Unresolved discovery disputes may be brought to the attention of the arbitrator who may dispose of such dispute. The arbitrator shall have the authority to award any remedy or relief that a court of this state could order or grant; provided, however, that punitive or exemplary damages shall not be awarded. The arbitrator may award to the prevailing party, if any, as determined by the arbitrator, all of its costs and fees, including the arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses and reasonable attorneys' fees. Unless otherwise agreed by the parties, the place of any arbitration proceedings shall be Hennepin County, Minnesota.

assistant: Arbitration
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 Guarantor hereby waives diligence, presentment and demand (whether for nonpayment or protest or of acceptance, maturity, extension of time, change in nature or form of the Obligations), acceptance of further security, release of further security, composition or agreement arrived at as to the amount of, or the terms of, the Obligations, notice of adverse change in the Company’s or any Subsidiary’s financial condition or any other fact which might be in conflict with the terms of this Guarantee. The Guarantor hereby waives any requirement on the part of any Guaranteed Party to mitigate the damages resulting from any default under any Credit Document. The Guarantor represents, warrants and agrees that, as of the date of this Guarantee, its obligations under this Guarantee are not subject to any offsets or defenses of any kind against the Guaranteed Parties, the Company or any Subsidiary that executes a Credit Document. The Guarantor further agrees that its obligations under this Guarantee shall not be subject to any counterclaims, offsets or defenses of any kind which may arise in the future against the Guaranteed Parties of the Company or any other Loan Party that executes a Credit Document.

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 case excerpt and choose the best holding from the options. Case excerpt: 924 count. However, the sentencing transcript clearly indicates the district court’s intention to sentence Gordon to a total of 480 months’ imprisonment, and the court’s Statement of Reasons adopts the presentence report without change, including its recommendation of 360 months to life imprisonment on the § 846 count. It therefore appears beyond dispute that the court’s oral pronouncement of a 240-month sentence on the § 846 count was an inadvertent slip-of-the-tongue. Accordingly, because an actual ambiguity does not exist concerning the imposition of sentence, the rule of leniety is inapplicable. See United States v. Fisher, 58 F.3d 96, 99 (4th Cir.1995). 2 . Under the Vienna Convention, when a foreign national has been arrested, imprisoned, or taken into custody and h th Cir.2002) Options: A. holding that sentencing error did not affect defendants substantial rights because error did not result in longer term of imprisonment B. holding that apprendi error did not affect substantial rights where in the absence of the error the application of section 5g12d of the guidelines would have resulted in the same term of imprisonment C. holding that a plain error did not seriously affect the fairness integrity or public reputation of the judicial proceedings even though the error was assumed to have affected substantial rights D. holding that sentencing error is harmless if the error did not affect the district courts selection of the sentence imposed E. holding that an error is harmless where it is highly probably that the error did not affect the outcome of the case

assistant: The best answer is A. holding that sentencing error did not affect defendants substantial rights because error did not result in longer term of imprisonment
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 Lender’s failure or the Issuing Bank’s failure, at any time or times, to require strict performance by the Borrower of any provision of this Agreement or any other Loan Document shall not waive, affect or diminish any right of the Lender or the Issuing Bank, as applicable, thereafter to demand strict compliance and performance herewith or therewith. Any suspension or waiver of an Event of Default shall not suspend, waive or affect any other Event of Default whether the same is prior or subsequent thereto and whether the same or of a different type. Subject to the provisions of Section 12.02, none of the undertakings, agreements, warranties, covenants and representations of the Borrower contained in this Agreement or any of the other Loan Documents and no Default or Event of Default by the Borrower shall be deemed to have been suspended or waived by the Lender or the Issuing Bank, unless such waiver or suspension is by an instrument in writing signed by an officer of or other authorized employee of the Lender and the Issuing Bank and directed to the Borrower specifying such suspension or waiver.

assistant: No 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: By its acceptance of the benefits of this Agreement and the other Loan Documents, each Secured Party agrees that (a) the Loan Documents may be enforced only by the Administrative Agent, acting upon the instructions or with the consent of Required Lenders as provided in this Agreement, (b) no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or the other Loan Documents or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations and (c) no Secured Party has any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) other than in its capacity as a Lender or an Issuing Lender and, in such case, only to the extent expressly provided in the Loan Documents.

assistant: Enforcements
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 understands that this Agreement shall be null and void if not executed by January 1, 2018 . Executive acknowledges that he was provided at least 21 calendar days to consider this Agreement. Executive has seven (7) days after that Party signs this Agreement to revoke it. This Agreement will become effective on the eighth (8th) day after Executive signed this Agreement, so long as it has been signed by the Parties and has not been revoked by either Party before that date (the “Effective Date”).

assistant: Effective Dates
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: other than appropriate use of an add-to link , involves commercial activities ( whether or not for profit ) and/or sales without vivino 's prior written consent such as contests , sweepstakes , barter , advertising , or pyramid schemes ;

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: (a) The Company irrevocably submits to the non-exclusive jurisdiction of any New York State or federal court sitting in the Borough of Manhattan, The City of New York, over any suit, action or proceeding arising out of or relating to this Agreement or the Notes. To the fullest extent permitted by applicable law, the Company irrevocably waives and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject to the jurisdiction of any such court, any objection that it may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.

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

user: If Recipient is requested, ordered or required by a regulatory agency or any other government authority or a court to disclose any Confidential Information, Recipient shall promptly notify Disclosing Party of such request, order or requirement so that Disclosing Party may have the opportunity to contest the disclosure, including seeking a protective order, or waive Recipient’s compliance with this Agreement.

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: Lessor and Lessee covenant and agree that the terms and provisions of this Agreement shall remain confidential between the parties hereto and not subject to public disclosure, except as may be required for the enforcement hereof, necessary to the filing of the parties’ respective income tax returns, necessary to regulatory compliance (including securities laws), or as compelled by legal process.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subject to your complete and ongoing compliance with this eula , the company hereby grants you a revocable , non-exclusive , non-transferable , non-sublicensable , royalty-free and worldwide right and license to access and use the service solely for your personal , non-commercial use and solely in strict compliance with the provisions of this eula .

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: vehicle for accomplishing this goal a sedimentation control statute. Rather, the clear intent and purpose of N.C. Gen. Stat. § 113A-57(1) is to control sedimentation pollution in the waters of this State, and particularly in trout streams. Further, the issue of whether N.C. Gen. Stat. § 113A-57(1) prevented activities “on, over, or under” a trout stream was abandoned by petitioners before the trial court. This ruling by the trial court was not assigned as error to this Court, and is thus not before this Court. N.C.R. App. P. 10(a) (“[T]he scope of review on appeal is confined to a consideration of those assignments of error set out in the record on appeal . . . .”); Atlantic Coast Mech., Inc. v. Arcadis, Geraghty & Miller ofN.C., Inc., 175 N.C. App. 339, 346, 623 S.E.2d 334, 340 (2006) (<HOLDING>). The second assumption made by the majority is Options: A. holding that because the appellant did not present a question before a hearing examiner or district council the question was not properly before this court B. holding that the putative noteholder lacked standing to foreclose because mers lacked authority to assign the note though it arguably had authority to assign the mortgage C. holding that an issue was not properly before the court on appeal because the trial court did not have the opportunity to make any findings of fact regarding it D. holding that because plaintiff failed to assign error to the dismissal of one its claims that issue was not properly before this court E. holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court

assistant: The best answer is D. holding that because plaintiff failed to assign error to the dismissal of one its claims that issue was not properly before this court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the description, knew the exact location of the residence and led the officers to the residence to serve the search warrant. In addition, the exact address of the residence was contained in the affidavit, and the affiant, Detective Judy, participated in the execution of the search warrant by, among other things, serving the warrant on Dost. See eg., United States v. Gitcho, 601 F.2d 369 (8th Cir.1979), cert. denied, 444 U.S. 871, 100 S.Ct. 148, 62 L.Ed.2d 96 (finding warrant sufficient although only description of location to be searched was incorrect street address, it was unlikely wrong premises would be searched because incorrect address did not exist and agents executing warrant personally knew location to be searched); see also, State v. Dye, 250 Kan. 287, 826 P.2d 500 (1992) (<HOLDING>). We additionally note a related matter Options: A. holding that a search warrant is invalid if not based on an affidavit B. holding warrant valid where search warrant application affidavit was signed and probable cause existed for issuance of warrant C. holding that search warrant which was lacking sufficient description of premises and did not have affidavit attached was not fatally defective when read together with affidavit and when one of officers executing warrant was affiant D. holding allegation that false affidavit was basis for arrest warrant is sufficient to state 1983 fourth amendment claim against affiant officer E. holding that search warrant was constitutionally defective because it did not require notice

assistant: The best answer is C. holding that search warrant which was lacking sufficient description of premises and did not have affidavit attached was not fatally defective when read together with affidavit and when one of officers executing warrant was affiant
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: visiting the governmental offices and the library located within the Civic Center. The Court finds that the “direct and unwelcome” contact that Plaintiff Marshall allegedly incurred from the Nativity Scene is sufficient under Sixth Circuit precedent to demonstrate an actual injury. See DeWeese, 633 F.3d at 429 (finding that an attorney who must practice law within a judge’s courtroom satisfies standing by coming into “direct and unwelcome” contact with a Ten Commandments display); Washegesic v. Bloomingdale Pub. Schs., 33 F.3d 679, 681-82 (6th Cir.1994) (finding that a student who came into contact with a portrait of Jesus in his school had suffered an actual injury because he would continue to visit the school after his graduation); Adland v. Russ, 307 F.3d 471, 478 (6th Cir.2002) (<HOLDING>). Turning to the remaining elements of Options: A. holding that plaintiffs have standing to challenge the constitutionality of monument inscribed with the ten commandments placed on government land by private organization even though government did not maintain the structure B. holding that the disclosure of the plaintiffs dmv information to the capitol police as described in the complaint was a permissible use under the dppa C. holding that in the absence of an adequate state remedy one whose constitutional rights are violated has a direct claim against the state under the state constitution D. holding that a group of lobbyists had standing to challenge a ten commandments display at a state capitol because they would endure direct and unwelcome contact when traveling to the state capitol to engage in political advocacy E. holding that a political party chairman had standing to appeal a district court decision striking down state election laws even though the state board of elections had decided against appealing

assistant: The best answer is D. holding that a group of lobbyists had standing to challenge a ten commandments display at a state capitol because they would endure direct and unwelcome contact when traveling to the state capitol to engage in political advocacy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to paragraph 18 hereof, all Restricted Stock Units that are forfeitable shall be forfeited if Participant's employment with the Company or an Affiliate terminates for any reason except the Participant's death or Disability.

assistant: Forfeitures
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 provided in this Section 6 , neither this Agreement, the Phantom Units nor the DERs granted hereunder may be sold, assigned, pledged, exchanged, hypothecated, or otherwise transferred, encumbered, or disposed of by the Employee. Notwithstanding the foregoing, if the Employee should die after a Phantom Unit has become a Vested Phantom Unit, but before such Vested Phantom Unit and corresponding DER have been settled, such Vested Phantom Unit and corresponding DER shall be subject to transfer by reason of the Employee’s death by will or the laws of descent and distribution. Any purported transfer, assignment, alienation, pledge, hypothecation, attachment, sale, transfer or encumbrance not in accordance with the foregoing shall be null, void and unenforceable against the Company Entities.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement will inure to the benefit of and be binding upon the parties hereto, and to the benefit of the employees, officers and directors and controlling persons referred to in Section 6 , and in each case their respective successors, and no other person will have any right or obligation hereunder. The term “successors” shall not include any purchaser of the Shares as such from the Agent merely by reason of such purchase.

assistant: Successors
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: & Bldg. Known as 303 West 116th Street, New York, New York, 901 F.2d 288, 291 (2d Cir.1990); United States v. One 56-Foot Motor Yacht Named Tahuna, 702 F.2d 1276, 1281 (9th Cir.1983). Third, summary seizure procedures are available to the federal government in forfeiture cases. See 21 U.S.C. § 881(b). The ability to seize a leaseholder’s property using such procedures — without proof that it is more likely than not that the resident engaged in, or permitted, drug-related criminal activity — is an awesome power, which both Congress and the Supreme Court have seen fit to rein in. See id. § 881(a)(7) (incorporating “innocent tenant” exception and allowing seizure of property only where the drug offense is punishable by more than one year imprisonment); Bajakajian, 118 S.Ct. at 2031 (<HOLDING>). Congress sensibly limited forfeiture to the Options: A. holding that forfeitures may violate the eighth amendment excessive fines clause B. recognizing culpability as important criteria for eighth amendment excessive fines claim C. holding that excessive fines clause of eighth amendment does not apply to punitive damage awards between private parties D. holding that the fines imposed by the challenged city ordinances are not excessive even if the excessive fines clause is applicable E. holding that excessive fines clause does not apply to civiljury award of punitive fines

assistant: The best answer is A. holding that forfeitures may violate the eighth amendment excessive fines clause
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent and the Borrower will, and will cause each of the other Restricted Subsidiaries to, (a) keep and maintain all property material to the conduct of its business in good working order and condition, ordinary wear and tear excepted, and (b) maintain, with financially sound and reputable insurance companies, insurance in such amounts and against such risks as are reasonable and prudent, as well as such insurance as is required by any Security Document. With respect to each Mortgaged Property that is located in an area identified by the Federal Emergency Management Agency as a Special Flood Hazard Area with respect to which flood insurance has been made available under any of the Flood Insurance Laws to have special flood hazards, the applicable Loan Party has obtained, and will maintain, with financially sound and reputable insurance companies, such flood insurance as is required under applicable Flood Insurance Laws, or as otherwise reasonably required by the Collateral Agent. The Borrower will furnish to the Lenders, upon reasonable request of the Administrative Agent, information in reasonable detail as to the insurance so maintained.

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 case excerpt and choose the best holding from the options. Case excerpt: to discern whether the amendment to the VWPA was intended to overrule Hughey “in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity.” The Second Circuit has found that it was not: Although Hughey involved the preamendment version of the VWPA, courts have extended its analysis to the amended version of that statute. See, e.g., United States v. Hughey, 147 F.3d 423, 437 (5th Cir.1998) (“That part of Hughey which restricted the award of restitution to the limits of the offense, however, still stands.”). We have approved of this analysis and, because the amended version of the VWPA contains identical language to the MVRA, we have further extended Hughey to the MVRA. United States v. Oladimeji, 463 F.3d 152, 158-59 (2d Cir.2006) (<HOLDING>); see also United States v. Akande, 200 F.3d Options: A. holding that the relevant question in imposing restitution under the mvra is whether the loss is caused by the specific conduct that is the basis of the offense of conviction B. holding that under the restitution provision of the supervised release statute 18 usc 3583 restitution can be ordered only for losses caused by the specific conduct that is the basis for the offense of conviction C. holding that the victim and witness protection act limits the amount of restitution to the loss caused by the specific conduct forming the basis of the offense of conviction D. holding that the conduct underlying the offense of conviction thus stakes out the boundaries of the restitutionary authority under the mvra E. holding that an award of restitution is only for the loss caused by the specific conduct that is the basis of the offense of conviction

assistant: The best answer is A. holding that the relevant question in imposing restitution under the mvra is whether the loss is caused by the specific conduct that is the basis of the offense of conviction
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: show that appellant either fell asleep or was extremely inattentive at the wheel as to have not seen the victim’s car on the side of the road and not felt the impact of hitting a 250-pound man. The videotaped interview with Sergeant Prischmann did not contain any additional information except to show appellant’s confusion about what had happened. Because the videotaped interview did not significantly add to the testimony at trial, any error the district court made in admitting it was harmless. Appellant argues that the district court abused its discretion by allowing testimony from Ms. Thomson regarding Thomson and her inability to attend the entire trial because of the sequestration. Appellant argues the evidence was an improper appeal to the sympathy, passion, and prejudice of t ) (<HOLDING>). In comparing Ms. Thomson’s testimony to Options: A. holding that prosecutors attempt to present murder victim as a thoughtful friendly hardworking individual and the mother of a fouryearold child or showing victims picture before and after her death did not go beyond the pale of giving the victim a spark of life nor was its matteroffact nature likely to inflame the jurys passions B. holding that even though victims personal life was not strictly relevant to issue of who murdered him the prosecution had some leeway to show the victim was imbued with spark of life and to present the victim as a human being C. holding the harmed victim need not be the victim of the offense of conviction D. holding that evidence that the defendant had stalked threatened and assaulted the victim his exgirlfriend was evidence as to the nature of the defendants relationship with the victim and that it was relevant to establish motive E. holding that a defendant who alleges selfdefense can show through the testimony of another witness that the alleged victim had a propensity for violence thereby inferring that the alleged victim was the aggressor a defendants prior knowledge of the victims reputation for violence is irrelevant because the evidence is offered to show the conduct of the victim rather than the defendants state of mind

assistant: The best answer is B. holding that even though victims personal life was not strictly relevant to issue of who murdered him the prosecution had some leeway to show the victim was imbued with spark of life and to present the victim as a human being
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices shall be in writing to the applicable address set forth below and shall be given by personal delivery or recognized international overnight courier. All notices shall be effective and shall be deemed delivered on the date of delivery if delivered before 5:00 p.m. local destination time on a business day, otherwise on the next business day after delivery. Each party will send a copy of their notice by email, as a courtesy, but the notice will not be valid until delivered in writing. Any notice delivered by email shall only be deemed to be official notice hereunder if the Party receiving such email confirms receipt in writing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Warrant (other than Section 2.5 and 2.6) may be modified or amended or the provisions hereof waived with the written consent of the Company and the Holder. No waiver shall be effective unless it is in writing and signed by an authorized representative of the waiving party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the right of the Company to amend or terminate the Plan, and the Committee's right to interpret the Plan, the Plan shall be for the benefit of and be enforceable by, a Participant's personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees and legatees. If a Participant should die after satisfying the requirements for the receipt of benefits hereunder, any amount remaining unpaid to him or her, unless otherwise provided herein, shall be paid in accordance with the terms of the Plan to the Participant's spouse or, if there is no such spouse, to the Participant's estate.

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: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be transmitted by email as a PDF, as set forth below or to such other email address as such party shall have specified most recently by written notice given in accordance herewith. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (upon delivery by email at the email address designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except with respect to the material terms and conditions of the transactions contemplated by the Transaction Documents, the Company confirms that neither it nor any other Person acting on its behalf has provided any of the Purchasers or their agents or counsel with any information that it believes constitutes or might constitute material, non-public information. The Company understands and confirms that the Purchasers will rely on the foregoing representation in effecting transactions in securities of the Company. All of the disclosure furnished by or on behalf of the Company to the Purchasers regarding the Company, its businesses and the transactions contemplated hereby, including the Disclosure Schedules to this Agreement, is true and correct in all material respects (except where such disclosure is qualified by materiality, then such disclosure shall be true and correct in all respects) and does not contain any untrue statement of a material fact or omit to state any material fact necessary in order to make the statements made therein, in light of the circumstances under which they were made, not misleading. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading. The Company acknowledges and agrees that no Purchaser makes or has made any representations or warranties with respect to the transactions contemplated hereby other than those specifically set forth in Section 3.2 hereof.

assistant: Disclosures
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 Seller is a corporation duly incorporated, validly existing and in good standing or with active status under the laws of the State of Delaware, with the requisite power and authority to own, lease and use its properties and assets and to carry on its business as currently conducted. Each Seller is not in violation or default of any of the provisions of such Seller’s Formation Documents (as defined in Section 8.1 hereof). Each Seller is duly qualified or licensed to conduct business and is in good standing or with active status as a foreign corporation or other entity in each jurisdiction in which the nature of the business conducted or property owned by it requires it to be so qualified or licensed, except where the failure to be so qualified or licensed or in good standing or with active status, as the case may be, could not have or reasonably be expected to result in (i) a material adverse effect on the legality, validity or enforceability of any Transaction Document (as defined in Section 8.1 hereof), (ii) a material adverse effect on the results of operations, assets, business or condition (financial or otherwise) of the Sellers, taken as a whole, or the Network, or (iii) a material adverse effect on any Seller’s ability to perform in any material respect on a timely basis, its obligations under any Transaction Document (any of (i), (ii) or (iii), a " Material Adverse Effect ") ”); provided, that it shall not be a Material Adverse Effect if such effect is based on (x) economic factors affecting the national or world economy or acts or war or terrorism; (y) changes in laws, rules or regulations that are not known to any Seller as of the date of this Agreement; and (z) changes in generally acceptable accounting practices and no Legal Proceeding (as defined in Section 8.1 hereof) has been instituted in any such jurisdiction revoking, limiting or curtailing or seeking to revoke, limit or curtail such power and authority or qualification. Each Seller has delivered to the Purchaser true, complete and correct copies of its Formation Documents.

assistant: Organizations
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: this issue agree that moving for summary judgment qualifies as “otherwise defending]” for purposes of Rule 55(a) and precludes the entry of default from becoming effective. See Rashidi, 818 F.Supp. at 1356 (“[A] summary judgment motion [that] speaks to the merits of the case and demonstrates a concerted effort and an undeniable desire to contest the action is sufficient to fall within the ambit of ‘otherwise defend’ for purposes of Fed.R.Civ.P. 55.”); Lexington Fayette Cnty. Food and Bev. Ass’n v. Lexington-Fayette Urban Cnty. Gov’t, 131 S.W.3d 745, 756-57 (Ky.2004) (finding that the defendant “otherwise defended” the action whether its motion “was considered a motion to dismiss or a motion for summary judgment”); Klock v. Town of Cascade, 284 Mont. 167, 943 P.2d 1262, 1266 (1997) (<HOLDING>); Equable Ascent Fin. v. Christian, 196 Ohio Options: A. holding that district court should not have granted summary judgment solely on basis that a motion for summary judgment was not opposed B. holding that a motion to dismiss or for summary judgment precluded default judgment C. holding that a motion for summary judgment constitutes otherwise defending under rule 55 D. holding that trial court impliedly ruled on motion for continuance by granting motion for summary judgment when appellant filed motion for continuance two days before summary judgment hearing E. holding that district court should not have granted summary judgment solely on basis that motion for summary judgment was not opposed

assistant: The best answer is C. holding that a motion for summary judgment constitutes otherwise defending under rule 55
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: attributable to an erroneously issued building permit or C of O. Garrou v. Teaneck Tryon Co., 11 NJ. 294, 94 A.2d 332, 335 (1953); see generally 4 Rathkopf § 65:32 ("Laches and estoppel involving adjoining owners”). The availability of private relief when the government is estopped from revoking a permit or a C of O, or from otherwise enforcing the zoning laws, is a question our court has yet to resolve or examine in detail. See Rafferty v. District of Columbia Zoning Comm’n, 583 A.2d 169, 176 (D.C. 1990) ("This court has never determined whether the District’s erroneous issuance of a permit may operate to estop other interested persons from enforcing their rights under the zoning laws.”); Saah v. District of Columbia Bd. of Zoning Adjustment, 433 A.2d 1114, 1117 n. 3 (D.C.1981) (<HOLDING>); Goto v. District of Columbia Bd. of Zoning Options: A. holding bza estopped from denying a variance where inter alia injury to the public would be minimal but not reaching the question of the effect of the estoppel on a claim made by a neighboring landowner B. holding that estoppel was a question of fact C. holding that generally the question of waiver and estoppel is a question of fact D. holding that an insurer will not be estopped from denying coverage merely because the underlying case proceeds to judgment before the declaratory judgment action is resolved E. holding that objection was called for by the party to be estopped since an estoppel may arise as effectually from silence where it is a duty to speak as from words spoken

assistant: The best answer is A. holding bza estopped from denying a variance where inter alia injury to the public would be minimal but not reaching the question of the effect of the estoppel on a claim made by a neighboring landowner