flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to “[m]ake reasonable accommodation to the known physical or mental limitations of qualified employees with handicaps unless the accommodation would impose an undue hardship on the operation of the agency's program," 29 C.F.R. § 1614.102(a)(8). In order to fall under the protections of the Rehabilitation Act, a claimant must have a disability. The term "disability," as used in the Rehabilitation Act and the ADA, means "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such impairment." 42 U.S.C. § 12102(2). In determining whether an impairment significantly restricts an individual's ability to perform a major , 101 F.3d 346, 349 (4th Cir.1996) (<HOLDING>); Petty v. Freightliner Corp., 123 F.Supp.2d Options: A. holding that a twentyfive pounds lifting restriction did not substantially limit any major life activities B. holding that a lifting restriction of ten pounds did not constitute a physical impairment that substantially limited a major life activity C. holding as a matter of law that a twentyfive pound lifting limitation does not constitute a significant restriction on ones ability to lift work or perform any other major life activity D. holding that a lifting restriction did not substantially limit a computer technicians ability to engage in the major life activity of working E. holding plaintiff with carpal tunnel syndrome who could not perform heavy lifting failed to meet burden of establishing substantial limitation in major life activity of work

assistant: The best answer is C. holding as a matter of law that a twentyfive pound lifting limitation does not constitute a significant restriction on ones ability to lift work or perform any other major life 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 legal provision and list the applicable contract clause categories. Provision: This Agreement, the Common Unit Purchase Agreement and the other agreements and documents referred to herein are intended by the parties as a final expression of their agreement and intended to be a complete and exclusive statement of the agreement and understanding of the parties hereto in respect of the subject matter contained herein. There are no restrictions, promises, warranties, representations or undertakings, other than those set forth or referred to herein with respect to the rights granted by the Partnership set forth herein. This Agreement and the Common Unit Purchase Agreement supersede all prior agreements and understandings between the parties with respect to such subject matter.

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 case excerpt and choose the best holding from the options. Case excerpt: employer does not alter the analysis because both general and special employers are entitled to tort immunity once workers' compensation has been paid. See Antheunisse, 551 A.2d at 1007. Nor do I find Taylor distinguishable because there was no change in corporate form in that case. Taylor addresses the precise issue before me: whether an employment relationship with an unincorporated entity within a corporation gives rise to an employment relationship with the corporation for the purposes of workers’ compensation tort immunity despite the employee’s belief that the unincorporated entity is the employer and unawareness of any relationship with the corporation. I find no support for plaintiff's argument in Santos v. Standard Havens, Inc., 225 N.J.Super. 16, 541 A.2d 708 (App.Div.1988) (<HOLDING>). 8 . This New Jersey precedent emphasizing Options: A. recognizing special circumstances exception B. holding that a lent employees acceptance of his special employment status could be implied from his acquiescence to the control and direction of the special employer C. holding that plaintiffs decedent became special employee of separately incorporated subsidiary after general employer parent corporation lent his services to subsidiary under circumstances that satisfied special employment factors D. recognizing that a foreign company as a special employer under the lent employee doctrine was subject to arizonas workers compensation statutes for injuries sustained by an employee E. holding that glc 152 15 provides that the only party immune from suit under the statute is the direct employer a special employer is not immune because the special employer is not liable for the payment of workers compensation and there was no agreement between the direct employer and the special employer that the special employer would be liable for the payment of such compensation

assistant: The best answer is C. holding that plaintiffs decedent became special employee of separately incorporated subsidiary after general employer parent corporation lent his services to subsidiary under circumstances that satisfied special employment 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are paying a reservation by credit card or debit card processed by enett international ( uk ) limited , the transaction shall be governed by the laws of england and wales , to the extent permitted by applicable laws .

assistant: Choice of 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: The Optionee shall, not later than the date as of which the exercise of this Stock Option becomes a taxable event for Federal income tax purposes, pay to the Company or make arrangements satisfactory to the Company for payment of any Federal, state, and local taxes required by law to be withheld on account of such taxable event. The Company shall have the authority to cause the minimum required tax withholding obligation to be satisfied, in whole or in part, by withholding from shares of Stock to be issued to the Optionee a number of shares of Stock with an aggregate fair market value that would satisfy the minimum withholding amount due.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: some apparently directive or dispositive words,” such as, “ ‘the plaintiffs motion [for summary judgment] is granted.’ ” Because the opinions or memo-randa sometimes lacked all the requisite elements of a judgment, and because judges sometimes later signed formal judgments in addition to those opinions and memoranda, Rule 58 was amended to clarify when a judgment became “effective, starting the time running for post-verdict motions and for the purpose of appeal.” Given this clear need for certainty, we should not cloud the issue of when a federal court judgment is “rendered” — it is “rendered” when it is set forth in writing on a separate document and entered on the civil docket, in compliance with Rule 58. See United States v. Woods, 885 F.2d 352, 353 (6th Cir.1989) (per curiam) (<HOLDING>) (emphasis added); Simon v. City of Clute, 825 Options: A. holding that because the district courts order failed to comply with rule 58 appellants notice of appeal cannot be considered late B. holding that class claims that fail to meet the requirements of rule 23 may be properly dismissed by granting a rule 12b6 motion C. holding that when the lower court has clearly evidenced its intent and the opposing party has not objected to the absence of a separate judgment the requirements of rule 58 are waived D. holding that a district courts marginal order granting summary judgment did not meet the strict requirements of rule 58 because a party may reasonably be confused as to the standing of its ease when a decision is rendered in such an informal manner E. holding that a portion of a district courts summary judgment order that determines which facts a party may or may not be able to prove at trial is not appealable

assistant: The best answer is D. holding that a district courts marginal order granting summary judgment did not meet the strict requirements of rule 58 because a party may reasonably be confused as to the standing of its ease when a decision is rendered in such an informal manner
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: counsel admitted this was something "that didn’t come up in our examination of the witnesses.” 2 .Accord, Bonner v. Henderson, 147 F.3d 457, 459 (5th Cir.1998); Firestone v. Galbreath, 976 F.2d 279, 284 (6th Cir.1992); Coverdell v. Mid-South Farm Equip. Assoc., 335 F.2d 9, 13-14 (6th Cir.1964); Moeller v. Superior Court, 16 Cal.4th 1124, 69 Cal.Rptr.2d 317, 947 P.2d 279, 283 n. 3 (1997); Western Life Trust v. State, 536 N.W.2d 709, 712 (N.D.1995); Courtemanche v. Bibbo, 2004 WL 2820943 at *4 (R.I.2004); Morrison v. Lennett, 415 Mass. 857, 616 N.E.2d 92, 94 (1993). 3 . See also BLACK'S LAW DICTIONARY 1000 (8th ed. 2004) ("In dozens of cases, courts have held may’ to be synonymous with ’shall’ or ‘must.’ ”). 4 . See City of San Antonio v. City of Boerne, 111 S.W.3d 22, 25 Options: A. holding that courts must give effect to every word when interpreting a statute B. holding legislative intent is determined by reading statute as a whole and interpreting it to give effect to all and not just isolated portions C. holding that when interpreting a statute or regulation courts must read the provisions of the law as a whole and in context D. holding courts must adhere to legislative intent when interpreting a statute E. holding that where congressional intent is clear a court must give effect to such intent

assistant: The best answer is B. holding legislative intent is determined by reading statute as a whole and interpreting it to give effect to all and not just isolated portions
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: if “(a) Attendance is outside of the employee’s regular working hours; (b) Attendance is in fact voluntary; (c) The course, lecture, or meeting is not directly related to the employee’s job; and (d) The employee does not perform any productive work during such attendance.” 29 C.F.R. § 785.27; see also Wolman, 2010 WL 5491182, at *3. Here, Wolman and Lundy have asserted facts sufficient to state a claim that the monthly, mandatory staff meetings were compensable. However, the Court finds that Wolman failed to assert facts sufficient to state a claim that the ten hours of respiratory therapy credits were compensable: The FAC does not state where or when these credits were obtained or if they were mandatory. See, e.g., Price v. Tampa Elec. Co., 806 F.2d 1551, 1551-52 (11th Cir.1987) (<HOLDING>). b. In Excess of W Hours per Week To survive a Options: A. recognizing that employee would have to be the rainman to be able to retain recall and make use of information contained in documents with which he worked while employed by defendant where he did not take those documents with him when he left B. holding that meterman was not entitled to compensation for time spent taking a course to advance to a higher paying job classification because his employer did not require him to take the course and he would have remained a meterman with the same responsibilities and credits had he chosen not to take the course C. holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer D. holding that the phrase to be taken is of course a future tense of the verb take E. holding that while safety improvements to public golf course were both feasible and highly desirable the citys failure to take such steps did not create a dangerous condition on the golf course for purposes of the cgia

assistant: The best answer is B. holding that meterman was not entitled to compensation for time spent taking a course to advance to a higher paying job classification because his employer did not require him to take the course and he would have remained a meterman with the same responsibilities and credits had he chosen not to take the course
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party will, nor will it permit any Subsidiary to, enter into any arrangement, directly or indirectly, whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property sold or transferred (a “Sale and Leaseback Transaction”), except for (a) any such sale of any fixed or capital assets by the Borrower or any Subsidiary that is made for cash consideration in an amount not less than the Fair Market Value of such fixed or capital asset and is consummated within 90 days after the Borrower or such Subsidiary acquires or completes the construction of such fixed or capital asset, (b) a Sale and Leaseback Transaction with respect to the real property of the Borrower in Eagan, MN, and (c) Sale and Leaseback Transactions with respect to real property owned by Subsidiaries of the Borrower that are not Loan Parties.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In light of this statutory authority, the Court’s previous exercise of that statutory authority in precedential actions, and the fact that Congress has not acted to change that statutory authority (but, indeed, has even indicated its contemplation of Court remands with retention of jurisdiction), the Court should reaffirm that its authority under section 7252(a) “to remand ... as appropriate” authorizes it to retain general jurisdiction over a case remanded to the BVA. In addition, as discussed in parts II.C.2. and 3., below, the Court also has the authority to retain general jurisdiction over remands to the BVA under a general jurisdictional statute, 28 U.S.C. § 2106, as well as pursuant to the inherent powers of the Court. Cf. Jones (Joseph) v. Derwinski, 1 Vet.App. 596, 606 (1991) (<HOLDING>). 2. Authority pursuant to 28 U.S.C. § 2106. Options: A. holding no appeal lies for order to punish for contempt B. holding that a statutory limitation on punishment for indirect criminal contempt was unconstitutional as it offended the inherent authority of courts to punish such affronts C. holding that this court has inherent as well as express statutory authority to punish for contempt D. holding that in addition to statutory contempt powers city courts have inherent contempt power E. recognizing inherent power of supreme court independent of statutory authority to punish for contempt of court

assistant: The best answer is C. holding that this court has inherent as well as express statutory authority to punish for contempt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure to exercise and no delay in exercising, on the part of the Trustee, the Issuer, the Receivables Trust, the Servicer, or the Noteholders, any right, remedy, power or privilege hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges herein provided are cumulative and not exhaustive of any rights, remedies, powers and privileges provided by law.

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 case excerpt and choose the best holding from the options. Case excerpt: 1034. Consequently, under Hinden-lang, post-assessment returns which have no effect under the tax code cannot satisfy the Honest and Reasonable Attempt prong as a matter of law (the “Hindenlang per se rule”). Id. The Hindenlang court concluded the government had met its burden of proving an exception to discharge by establishing that the debtor’s actions were not an honest and reasonable attempt to comply with the tax laws. Id. (finding debtor also did not indicate a tax purpose for his late 1040 Forms). The Hindenlang court focused on the debtor’s delayed filing and whether such filing served a tax purpose. Hindenlang, 164 F.3d at 1034. The analysis in Hinden-lang appears more concerned with the effects of the delayed filing under the tax code rather than the Bankruptcy Code. See id. (<HOLDING>); In re Crawley, 244 B.R. 121, 127 Options: A. holding that an unconstitutional act of congress has no legal effect B. holding a form 1040 is not a return if it has no effect under the internal revenue code C. holding that form 1040 complies with pra D. holding that it is not E. holding that a void decree has no legal effect

assistant: The best answer is B. holding a form 1040 is not a return if it has no effect under the internal revenue code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee, for himself, his attorney, heirs, executors and assigns, does hereby fully and forever release and discharge AMBAC and its past, current and future affiliated entities, as well as their predecessors, successors, assigns, and their past, current and former directors, officers, partners, agents, employees, attorneys, and administrators from all suits, causes of action, and/or claims, demands or entitlements of any nature whatsoever, whether known, unknown, or unforeseen, which Employee has or may have against any of them arising out of or in connection with his employment by AMBAC, the Employment Agreement, the termination of his employment with AMBAC, or any event, transaction, or matter occurring or existing on or before the date of Employee’s signing of this Agreement related to AMBAC, except that Employee is not releasing any claims arising under Section 10 of the Employment Agreement, any other right to indemnification or director and officer liability insurance coverage that Employee may otherwise have, any claims that Employee may have to vested payments or benefits pursuant to any qualified pension plan, any claims relating to any rights Employee may have pursuant to equity and equity-based awards granted to Employee by AMBAC (whether in his capacity as a director only or in his capacity as an officer and director) that vested or will vest on or before the Termination Date or any of the 2015 Grants, or any claims arising after the date of his signing this Agreement. Employee agrees not to file or otherwise institute any claim, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims, demands or entitlements that are released herein. Employee further hereby irrevocably and unconditionally waives any and all rights to recover any relief or damages concerning the claims, demands or entitlements that are released herein. Employee represents and warrants that Employee has not previously filed or joined in any such claims, demands or entitlements against AMBAC or the other persons or entities released herein and that Employee will indemnify and hold them harmless from all liabilities, claims, demands, costs, expenses and/or attorney’s fees incurred as a result of any such claims, demands or lawsuits.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Bank shall withhold from any payment made by it under the Plan such amount or amounts as may be required for purposes of complying with the tax withholding or other provisions of the Code, the Social Security Act, as amended, or any federal, state or local income or employment tax provision; or otherwise, for purposes of paying any estate, inheritance or other tax attributable to any amounts payable hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (citations omitted). B. Here, the district court denied Oleson’s motion to amend because the motion to amend was filed after the district court denied Oleson’s underlying § 2255 motion. Apparently, the district court believed that a Rule 15(a) motion cannot, as a matter of law, be brought after a § 2255 habeas motion is denied. To date, this Circuit has not recognized that principle as a rule of law. Rather, we have emphasized that Rule 15 seeks to ensure that cases are . decided on thei because it was filed more than one year after the June 15, 1995 entry of judgment, and more than one year after the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) became effective on April 24, 1996. See 28 U.S.C. § 2255; see also United States v. Craycraft, 167 F.3d 451, 456 (8th Cir.1999) (<HOLDING>). Nor do other exceptions to the § 2255 statute Options: A. holding that in california the oneyear statute applies to a 1983 action B. holding that the aedpa oneyear statute of limitations applies to amendments to 2255 motions C. holding that the untimely petition in that case tolled the aedpa statute of limitations D. holding that a district court has the authority to raise the aedpa statute of limitations on its own motion E. holding that the aedpa statute of limitations is not jurisdictional

assistant: The best answer is B. holding that the aedpa oneyear statute of limitations applies to amendments to 2255 motions
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in attorney’s fees, but, as a result of settlements, the amount presently in dispute is $265,948.41. Similarly, the total cubic yards taken were initially 248,296; on account of the settlement, the total cubic yards still in dispute have been reduced to 196,808. These revised figures are reflected in the Decree, post. 4 . See La. Const. art. 6, §§ 1, 38 (recognizing parishes and levee districts as political subdivisions of the State). 5 . La. Const. art. 1, § 4(G) was added after the taking involved in this case and does not apply on that account. 6 . La. R.S. 29:721 et seq. 7 . The Supreme Court prospectively overruled St. Julien in Lake, Inc. v. La. Power & Light Co., 330 So.2d 914 (La.1976). See also City of New Orleans v. New Orleans Canal, Inc., 412 So.2d 975, 977 (La.1981) (<HOLDING>). The Louisiana Legislature responded to this Options: A. holding that lake only overruled st julien prospectively B. holding that schlitz was overruled to that extent C. holding that almendareztorres was not overruled by apprendi D. holding that the act applies prospectively to complaints filed after its effective date E. holding new statute applicable only prospectively

assistant: The best answer is A. holding that lake only overruled st julien prospectively
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: 544 (2014). The court determined that the sanctions imposed were not unduly harsh in light of the appellants’ willful and repeated failure to comply with various orders of the trial court, which resulted in unnecessary delay and prejudice to the respondents. Id.; see also McNair v. Fairfield Cnty., 379 S.C. 462, 467, 665 S.E.2d 830, 832-33 (Ct.App.2008) (finding “the severe sanction” of striking the defendant’s answer appropriate in light of the defendant’s failure to produce documents seven and a half months after the trial court granted plaintiffs motion to compel, which this court determined amounted to willful disobedience and resulted in delay and prejudice to the plaintiffs right to have the claim heard); QZO, Inc. v. Moyer, 358 S.C. 246, 257-58, 594 S.E.2d 541, 548 (Ct.App.2004) (<HOLDING>); Griffin Grading & Clearing, Inc., 334 S.C. at Options: A. holding that appellate courts determine the sufficiency of the evidence to support a conviction based on a review of all of the evidence admitted at trial B. holding that we cannot properly receive and consider evidence that was not presented to and considered by the trial court C. holding that the trial court properly added a party defendant to conform to the evidence presented at the trial D. holding that since trial had begun and the defendant failed to offer evidence rising to the level of good cause showing why the defense was not previously raised the trial court properly denied the appellants motion for psychiatric examination and noting the trial court had observed that the information learned by the defendants counsel was previously available and could not be considered newly discovered E. holding the trial court properly considered the severity of the sanction when it struck a pleading based on the appellants intentional defiance of the trial courts order and his willful destruction of evidence

assistant: The best answer is E. holding the trial court properly considered the severity of the sanction when it struck a pleading based on the appellants intentional defiance of the trial courts order and his willful destruction of evidence
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: individual’s interest in or entitlement to “property” thus encompasses a broad range of benefits which may assume a host of forms. The general attributes of such interests have been summarized in the following manner: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it. He must, instead, have a legitimate claim of entitlement to it. Id. Hence, the Supreme Court has held that welfare recipients have a constitutionally secured interest in continued receipt of welfare benefits — an interest safeguarded by procedural due process. Goldberg v. Kelly, 397 U.S. 254, 90 S.Ct. 1011, 25 L.Ed.2d 287 (1970). Compare Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976) (<HOLDING>). In the area of public employment, the Court Options: A. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits B. holding that a social security disability determination is a legal proceeding C. holding a social security number is not private D. holding that offset for social security retirement benefits does not include federal disability benefits and stating that there was no legislative intent to embody the entire subchapter of the social security act dealing with both disability benefits and old age benefits E. holding parent entitled to credit for any social security disability benefits paid to child as a result of parents disability

assistant: The best answer is A. holding that an evidentiary hearing is not required prior to the termination of social security disability benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have the “same claims.” At oral argument, counsel explained that the second lawsuit was filed “protectively” in the event that the motion to substitute parties was not granted. And, on appeal, Dittmer’s arguments with regard to the propriety of the res judicata ruling again relate to the district court’s alleged failure to timely rule on the motion to substitute and add parties plaintiff. Examining the record, we find that all of the parties related to Dittmer had the opportunity to, and did, litigate this same action against the bank, the FDIC, and CADC. These same entities are still litigating the remanded state law claims against Richards in state court. Therefore, we agree with the district court’s res judicata ruling. See Rutherford v. Kessel, 560 F.3d 874, 881 (8th Cir.2009) (<HOLDING>). III. CONCLUSION The essence of this somewhat Options: A. holding that the lender liability claims of the debtor are precluded by res judicata B. holding that the doctrine of res judicata barred successive lawsuits by siblings asserting the same claims because the doctrine of res judicata bars both parties and their privies from relitigating an issue already decided C. holding that the doctrine of res judicata is applicable to defenses that could have been raised in a prior action D. recognizing the express reservation of the plaintiffs right to maintain a second action as an exception to the doctrine of res judicata E. holding that the doctrine of res judicata applies to deportation proceedings

assistant: The best answer is B. holding that the doctrine of res judicata barred successive lawsuits by siblings asserting the same claims because the doctrine of res judicata bars both parties and their privies from relitigating an issue already decided
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 shall become effective when (i) it shall have been executed by the Borrower, Holdings and the Administrative Agent and (ii) the Administrative Agent shall have been notified by each Lender (and the Administrative Agent, in turn, shall have notified the Borrower thereof) that each such Lender has executed it and thereafter shall be binding upon and inure to the benefit of the Borrower, Holdings, each Agent and each Lender and their respective successors and assigns.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: IX’s meaning, it is a case of statutory interpretation and is a pure question of law. See Commonwealth v. Bortz, 589 Pa. 431, 909 A.2d 1221, 1223 (2006). Questions of law are subject to a de novo standard of review, and the scope of review is plenary. Craley v. State Farm Fire and Casualty Company, 586 Pa. 484, 895 A.2d 530, 539 n. 14 (2006). DPW argues Article IX confers broad regulatory power on DPW, providing it with supervisory authority over “all children’s institutions within this Commonwealth.” 62 P.S. § 902(3), DPW contends the language authorizing the supervision of child day care facilities is more explicit than the language Hospital Association of Pennsylvania relied on to uphold extensive regulations under Article IX. See Hospital Association of Pennsylvania, at 734-35 (<HOLDING>). Finally, DPW questions the Commonwealth Options: A. holding that discriminatory employment practices are cognizable under title ix B. holding that a claim for retaliation does not lie under title ix C. holding article ix gives department of health power to establish rules and regulations although article ix lacks express grant of authority D. holding that a claim for damages exists in an action to enforce title ix E. holding that federal law governs remedies available under title ix

assistant: The best answer is C. holding article ix gives department of health power to establish rules and regulations although article ix lacks express grant of authority
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are solely responsible for your use of the interactive areas and for any user-generated content that you post , including the transmission , accuracy and completeness of the user-generated content .

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: first-degree burglary under California Penal Code § 459 is categorically a “crime of violence” under 18 U.S.C. § 16(b) because the crime inherently involves a substantial risk of physical force: Any time a burglar enters a dwelling with felonious or larcenous intent there is a risk that in the course of committing the crime he will encounter one of its lawful occupants, and use physical force against that occupant either to accomplish his illegal purpose or to escape apprehension. Id. at 571. Although Becker involved a sentencing enhancement under the Guidelines, at the time the relevant Guidelines section defined “crime of violence” by reference to 18 U.S.C. § 16. Becker, 919 F.2d at 569; see also James v. United States, 550 U.S. 192, 208, 127 S.Ct. 1586, 167 L.Ed.2d 532 (2007) (<HOLDING>); United States v. Park, 649 F.3d 1175, 1178 Options: A. holding that we need not remand to the bia so that it may apply the categorical approach B. holding that the categorical approach applies to 924c C. holding that the proper inquiry for the categorical approach is whether the conduct covered by the crime presents the requisite risk of injury in the ordinary case D. holding that application of the modified categorical approach did not establish a covered conviction where the judgment of conviction did not contain the factual basis for the crime E. holding that the categorical approach applies to the identical definition of crime of violence in 18 usc 16

assistant: The best answer is C. holding that the proper inquiry for the categorical approach is whether the conduct covered by the crime presents the requisite risk of injury in the ordinary case
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: criminal history category of I, his total offense level of twenty-five would leave him with an applicable guideline range of fifty-seven to seventy-one months. The thirty-six month sentence imposed would still be a thirty-six percent variance from the bottom of the guideline range. Although the sentencing guidelines are no longer mandatory, they must be considered by the district court in fashioning an appropriate sentence. We are still operating “within the framework of an advisory guideline scheme designed to reduce unwarranted sentencing disparities among similar defendants.” United States v. Saenz, 428 F.3d 1159, 1162 (8th Cir.2005). It is not reasonable to expect that other similarly situated defendants are receiving similar extraordinary reductions. Cf. Gatewood, 438 F.3d at 897 (<HOLDING>); United States v. Lazenby, 439 F.3d 928, 933 Options: A. recognizing a similar exception to its rule with respect to corporations B. holding under similar circumstances that the california court of appeals finding of no pretext was unreasonable C. holding that the district courts failure to give consideration to the sentencing disparity that would result was another reason the defendants sentence was unreasonable D. recognizing similar duties E. holding sentence unreasonable when it fails to avoid unwarranted sentencing disparity among defendants with similar criminal histories who commit similar crimes

assistant: The best answer is E. holding sentence unreasonable when it fails to avoid unwarranted sentencing disparity among defendants with similar criminal histories who commit similar crimes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Loan Party will be treated as a partnership or a disregarded entity for U.S. federal income tax purposes. Each Loan Party will timely file or cause to be filed all federal income and other material tax returns and reports required to be filed by it and will pay or cause to be paid all federal income and other material taxes and related liabilities required to be paid by it, except taxes that are being contested in good faith by appropriate proceedings and for which each Loan Party sets aside on its books adequate reserves in accordance with GAAP. No Loan Party will permit any Liens for Section 2.7 Taxes to be imposed on or with respect to any of its income or assets, other than Liens for Section 2.7 Taxes not yet due and payable and for which Loan Party sets aside on its books adequate reserves in accordance with GAAP.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties acknowledge that, pursuant to the Lease, Tenant is obligated to reimburse Seller as landlord for all Taxes and installments of special assessments of the Property. Seller shall not provide a credit to Buyer at Closing for any proration of Taxes or installments of special assessments that are due and payable in the Closing Year, unless Seller has collected money under the Lease for Taxes and has not paid a corresponding amount to the relevant taxing authority. Buyer shall provide a credit to Seller for any Taxes or installments of special assessments that are due and payable in the Closing Year that Seller as landlord has paid which are the responsibilities of Tenant pursuant to the Lease and Tenant has not yet reimbursed to Seller as landlord in accordance with the Lease. Buyer shall pay all Taxes and installments of special assessments due and payable in the Closing Year and for years prior to the Closing Year, if any remain outstanding, and shall upon request furnish evidence of such payment to Title Company. Buyer shall be solely responsible for all remaining future Taxes and installments of any special assessments. Real property tax refunds and credits received after the Closing shall belong to Buyer.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of release granting authorities the right to search premises and persons at reasonable times could stand muster under both the Alaska and federal Constitutions.”); William E. Ringel, Searches and Seizures, Arrests and Confessions § 17:8 (2012) (“In most jurisdictions, one of the conditions in [parole] agreements is that the parolee or probationer consents to the search of himself, his possessions, and his residence by a parole officer, and a majority of courts give effect to such provisions.”). The consent to search in the standard IDOC parole agreement is broad and authorizes searches “without ... reasonable cause” and by any “law enforcement officer.” In some states, this permission has been judicially narrowed. See State v. Heaton, 812 N.W.2d 904, 906, 909 (Minn.Ct.App.2012) (<HOLDING>); Commonwealth v. Hughes, 575 Pa. 447, 836 A.2d Options: A. holding warrantless search of probationers home by law enforcement officer for investigatory purposes was reasonable when conditions of probation included a search term and search was supported by reasonable suspicion B. holding that while a lawfully issued warrant to search premises authorizes the officers executing it to search in a reasonable manner whatever spots within the described premises their professional experience indicates may be used as a cache for the items named in the warranty such a warrant does not by its own force permit a search of the persons residents or visitorswho chance to be at the premises at the time the warrant is executed or belongings of a nonresident visitor present on the premises C. holding that search of backpack constituted a search of defendants person and was not authorized by search warrant for premises D. holding a parole agreement provision that the offender will submit at any time to an unannounced visit andor search of the offenders person vehicle or premises by the agentdesignee justifies a search so long as reasonable suspicion exists E. holding that when reasonable suspicion exists a school search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search

assistant: The best answer is D. holding a parole agreement provision that the offender will submit at any time to an unannounced visit andor search of the offenders person vehicle or premises by the agentdesignee justifies a search so long as reasonable suspicion exists
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Amendment shall be binding upon and inure to the benefit of the Obligors, the Agent, the Lenders, and their respective successors and permitted assigns, except that (a) no Obligor shall have the right to assign its rights or delegate its obligations under this Amendment or any Loan Documents; and (b) any assignment by a Lender must be made in compliance with Section 13.3 of the Credit Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Each of the Administrative Agent, the Nieuw Amsterdam Administrator and the Purchasers consents to the sale and transfer of the Specified Receivables by the SPE to the applicable Originator in accordance with Section 3 hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Promotion Letter, which is incorporated by reference herein and made a part hereof, embody the entire agreement and understanding among the parties relative to subject matter hereof and supersede all prior agreements and understandings relating to such subject matter. For the avoidance of doubt, the parties acknowledge and agree that any equity award agreements between the Corporation and Executive entered into prior to the date of this Agreement will remain in full force and effect according to their terms. Executive’s obligations under this Agreement may not be canceled, modified or otherwise changed, except by another written agreement signed by the Corporation expressly referencing the applicable provision(s) hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Section 4.24 of the Disclosure Schedule lists all insurance policies (by policy number, insurer, annual premium, premium payment dates, expiration date and type of coverage) held by or on behalf of the Company as of the Execution Date, relating to the business and operations of the Company, copies of which have been provided to Buyer (collectively, the “ Insurance Policies ”). As of the Execution Date, all premiums due through the Execution Date have been paid for the Insurance Policies. To Seller’s Knowledge, the Insurance Policies are in full force and effect, enforceable and valid and binding. No written notice of cancellation or termination has been received by the Company with respect to any Insurance Policy. Since January 1, 2016, the Company has not received any written notice, or any other written communication, regarding any refusal of any coverage or rejection of any pending claim under any Insurance Policy. To Seller’s Knowledge, there are no claims under such Insurance Policies that are reasonably likely to exhaust the applicable limit of liability. To Seller’s Knowledge, the Company has reported in a timely manner all reportable events to its insurers.

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: Except as set forth on Schedule 3.9, PSPC does not have any subsidiaries or agreements of any nature to acquire any subsidiary or to acquire or lease any other business operations. Each subsidiary of PSPC, if any is a corporation duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation and has the requisite corporate power and authority to own, lease and to carry on its business as now being conducted. Each subsidiary of PSPC is duly qualified to do business and is in good standing as a corporation in each of the jurisdictions in which PSPC owns property, leases property, does business, or is otherwise required to do so, where the failure to be so qualified would have a material adverse effect on the business of PSPC and its subsidiaries taken as a whole. PSPC owns all of the shares of each subsidiary of PSPC and there are no outstanding options, warrants, subscriptions, conversion rights, or other rights, agreements, or commitments obligating any subsidiary of PSPC to issue any additional common shares of such subsidiary, or any other securities convertible into, exchangeable for, or evidencing the right to subscribe for or acquire from any subsidiary of PSPC any shares of such subsidiary.

assistant: Subsidiaries