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 the property’s fair market value on the date of the foreclosure sale. Specifically, the statute provides that “[c]ompetent evidence” of the property’s fair market value “may include” evidence of “the necessity and amount of any discount to be applied to the future sales price or the cashflow generated by the property to arrive at a current fair market value.” Id,. The statute thus permits the fact-finder to consider “the future sales price” only within the context of evidence regarding “the necessity and amount of any discount to be applied to [that price] ... to arrive at a current fair market value.” I thus disagree with the Court’s conclusions that “the trial court did not abuse its discretion by calculating the property’s fair market value using the $5 .W.2d 30, 31 (Tex.1976) (<HOLDING>); Pollack v. Pollack, 39 S.W.2d 853, 858 (Tex. Options: A. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure B. holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages C. holding the measure of damages is the difference between the value of the automobile prior to the upset and its value when prepared and presented to the plaintiff for acceptance D. holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained E. holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed

assistant: The best answer is E. holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed
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 notice or communication under this Agreement must be in writing and given by (i) deposit in the United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, (ii) delivery in person or by courier service providing evidence of delivery, or (iii) transmission by hand delivery, electronic mail, telecopy, telegram or facsimile. Each notice or communication that is mailed, delivered, or transmitted in the manner described above shall be deemed sufficiently given, served, sent, and received, in the case of mailed notices, on the third business day following the date on which it is mailed and, in the case of notices delivered by courier service, hand delivery, electronic mail, telecopy, telegram or facsimile, at such time as it is delivered to the addressee (with the delivery receipt or the affidavit of messenger) or at such time as delivery is refused by the addressee upon presentation. Any notice or communication under this Agreement must be addressed, if to the Company, to: 811 Main Street, 14th Floor, Houston, TX 77002 or by facsimile at (713) 655-7359, and, if to any Holder, at such Holder’s address or facsimile number as set forth in the Company’s books and records. Any party may change its address for notice at any time and from time to time by written notice to the other parties hereto, and such change of address shall become effective thirty (30) days after delivery of such notice as provided in this Section 5.1 .

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 case excerpt and choose the best holding from the options. Case excerpt: Consistent with Federal Rule of Civil Procedure 9(b), allegations of fraud must be pleaded with specificity. See Saporito v. Combustion Engineering, 843 F.2d 666, 673 (3d Cir.1988). In order to satisfy Rule 9(b), plaintiffs must plead with particularity “the ‘circumstances’ of the alleged fraud in order to place the defendants on notice of the precise misconduct with which they are charged, and to safeguard defendants against spurious charges of immoral and fraudulent behavior.” Seville Indus. Mach. Corp. v. Southmost Mach. Corp., 742 F.2d 786, 791 (3d Cir.1984). Plaintiffs may satisfy this requirement by pleading the “date, place or time” of the fraud, or through “alternative means of injecting precision and some measure of substantiation into their allegations of fraud.” Id. (<HOLDING>). Plaintiffs also must allege who made a Options: A. holding that if the alleged misrepresentations are material a plaintiff is entitled to recovery whether or not the misrepresentations caused the alleged damage B. holding that documents affixed to complaint that contained alleged misrepresentations satisfied rule 9b C. holding that californias ucl claims are subject to rule 9b pleading standards D. holding that a plaintiff satisfied rule 9b by pleading which machines were the subject of alleged fraudulent transactions and the nature and subject of the alleged misrepresentations E. holding that a rico plaintiff must allege at a minimum the time place and content of the alleged misrepresentations on which he or she relied the fraudulent scheme the fraudulent intent of the defendants and the injury resulting from the fraud

assistant: The best answer is D. holding that a plaintiff satisfied rule 9b by pleading which machines were the subject of alleged fraudulent transactions and the nature and subject of the alleged misrepresentations
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 FOR THE REPRESENTATIONS AND WARRANTIES OF THE SELLER EXPRESSLY SET FORTH IN THIS AGREEMENT, NETHER THE SELLER NOR ANY OTHER PERSON MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ON BEHALF OF THE SELLER IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED HEREBY. THIS SECTION 4.4 DOES NOT LIMIT THE SELLERS’ INDEMNIFICATION OBLIGATIONS IN ARTICLE XI HEREOF.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Kitzman, 307 Ill.App.3d 92, 100-01, 240 Ill.Dec. 235, 244, 716 N.E.2d 829, 838 (1999); see also International Adm’rs, Inc. v. Life Ins. Co. of No. Am., 753 F.2d 1373, 1376 (7th Cir.1985) (“The choice of law is not made once for all issues; the trend is to decide the applicable law for each issue separately. Hence on issues about which there is no disagreement among the contact states, we would apply the law of Illinois, the forum state.”); ’Restatement (Second) Conflicts § 145, comment d (“[e]ach issue is to receive separate consideration if it is one which would be resolved differently under the local law rule of two or more of the potentially interested states”); see generally In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979, 644 F.2d 594, 611 n. 13 (7th Cir.1981) (<HOLDING>); Am. Law of Prods. Liab. 3d § 46:5 (2004) Options: A. holding that tort law and the law of punitive damages are not controlled by the contract choice of law provision B. holding that party waived an objection to choice of law C. holding that under texas choice of law principles contractual choice of law provisions are generally upheld D. holding that under illinois law interpreting the meaning of a contract is a question of law determined by the court E. recognizing that illinois choice of law rules employ the issuebyissue examination of conflicts of law called depecage

assistant: The best answer is E. recognizing that illinois choice of law rules employ the issuebyissue examination of conflicts of law called depecage
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 Transaction Documents and the Magellan Guaranty 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 and thereto in respect of the subject matter contained herein and therein. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to in the Transaction Documents and the Magellan Guaranty, with respect to the rights granted by the Company or any of its affiliates or Purchaser or any of its affiliates. The Transaction Documents and the Magellan Guaranty supersede all prior agreements and understandings among 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: that the Company’s articulated reasons for her discharge were not the true reasons, but were instead pretext to hide the Company’s real motive of discharging her in retaliation for filing a Workers Compensation claim. Plaintiffs primary contention is that the timing of the Company’s receipt of her application for workers’ compensation benefits and its immediate suspension of her employment that same day strongly suggests retaliation. Although the Court assumed that temporal proximity alone was sufficient to show causation for purposes of her prima facie case, temporal proximity alone is not sufficient to establish Plaintiffs burden of proving pretext or her ultimate burden of proving retaliatory discrimination. See Imwalle v. Reliance Med. Prods., Inc., 515 F.3d 531, 551 (6th Cir.2008) (<HOLDING>); Asmo v. Keane, Inc., 471 F.3d 588, 598 (6th Options: A. holding that temporal proximity is insufficient in and of itself to establish that the employers nondiscriminatory reason for discharging an employee was in fact pretextual B. holding that statistical evidence presented by the plaintiff showing an employers pattern of conduct toward a protected class is relevant to a showing of pretext and can create an inference of discrimination C. holding that temporal proximity together with evidence of a retaliatory atmosphere and the employers statement supported an inference of retaliation and satisfied the second part of the manzer pretext showing D. holding that a temporal link between protected activity and an adverse employment action may in some cases be sufficient to create an inference of retaliation E. holding that close temporal proximity is sufficient to establish a prima facie case of retaliation

assistant: The best answer is C. holding that temporal proximity together with evidence of a retaliatory atmosphere and the employers statement supported an inference of retaliation and satisfied the second part of the manzer pretext showing
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: are required to abide by NASD Rules of Fair Practice and to meet other NASD requirements”). f34 While NASD Rules do not create a private cause of action, courts have looked to the Rules to define the scope of a common law duty such as negligent supervision. Craighead v. E.F. Hutton & Co., 899 F.2d 485, 493 (6th Cir. 1990) (“We agree with the district court that NYSE [(New York Stock Exchange)] Rule 405 does not imply a private right of action cognizable in federal court.”); As You Sow, 584 F. Supp. 2d at 1048-49 (“violations of NASD rules alone do not give rise to actionable claims,” but NASD Rule 3040 and other NASD Rules “assist Tennessee and other courts in defining the extent of a legal duty at common law”); McGraw v. Wachovia Sec., LLC, 756 F. Supp. 2d 1053, 1075 (N.D. Iowa 2010) (<HOLDING>); Colbert & Winstead, PC 401(K) Plan v. AIG Options: A. recognizing that policy determines duty B. recognizing privilege under federal rules C. recognizing that old chief was based entirely on the federal rules of evidence rather than the constitution D. recognizing duty based on nasd rules E. recognizing implied duty to market

assistant: The best answer is D. recognizing duty based on nasd rules
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: by accessing or using any part of the service , you represent that you have read , understood , and agree to be bound by these terms and conditions including any future modifications .

assistant: Contract by using
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: Licensee shall indemnify, defend, and hold harmless Licensor and its affiliates, officers, directors, employees, agents, successors, and assigns (each, an “ Indemnified Party ”), from and against all Losses arising out of or in connection with any claim, suit, action, or proceeding (each, a “ Claim ”) relating to: (a) any actual or alleged breach by Licensee of any representation, warranty, covenant, or obligation under this Agreement; or (b) Licensee’s exercise of its rights granted under this Agreement, including any product liability claim or infringement, dilution, or other violation of any intellectual property rights relating to the production, advertising, marketing, transportation, supply and distribution, sale, or other uses of Licensed Services in commerce in the Territory.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: applies to the bankruptcy court’s severance of these counterclaims. In its motions to sever, Kaiser moved under Bankruptcy Rules 7012, 7013, 7021 and 7042. Bankruptcy Rules 7012 and 7013 do not address the severance of claims or counterclaims. Rule 7012 simply provides for the form and time periods for filing answers and answers to cross-claims and for the admission or denial of the designation of core and non-core matters. Bankruptcy Rule 7013 is similarly unhelpful. While it concerns the filing of counterclaims and cross-claims, the rule does not cover their severance. The rule simply makes Fed.R.Civ.P. 13 applicable to bankruptcy adversary proceedings, with the exception that a party sued by a debtor in possession or a trustee need not state as a counterclaim any prepetition claim (<HOLDING>). See Bankr.R. 7013 editors’ comment. Kaiser Options: A. holding claimant waived right to jury trial on claims brought against it on behalf of bankruptcy estate when it submitted its proof of claim against the estate and subjected itself to the equitable powers of the bankruptcy court B. holding that when the claim was duly established as a valid claim against the estate the laws of limitation could no longer apply while the estate was being administered under the probate law C. holding that a lawsuit by a third party creditor against the estate is a core proceeding D. holding that bank as coexecutor of estate breached its fiduciary and statutory duties to creditor when it failed to pay creditors claim against estate and instead paid claims of bank and other creditors E. recognizing that the party can instead file a claim against the estate

assistant: The best answer is E. recognizing that the party can instead file a claim against the estate
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: somebody who is this type of person into the type of person that you are.” She then told the jury moments later, “If this isn’t a case that deserves the death penalty, who does? Who deserves it if this man does not?” Despite Cunningham’s counsel’s and the prosecutor’s statements that Cunningham had some type of mental deficiency, the jury did not have the benefit of expert testimony to provide direct evidence of such deficiencies. By suggesting a “causal nexus” between Cunningham’s abusive childhood and his crime, expert testimony could have “impacted] the quality and strength of the mitigation evidence” and offered a persuasive explanation of Cunningham’s crimes. State v. Tucker, 215 Ariz. 298, 160 P.3d 177, 201 (2007); see also Douglas v. Woodford, 316 F.3d 1079, 1090 (9th Cir.2003) (<HOLDING>). Therefore, the testimony from Dr. Vicary Options: A. holding that the admission of expert testimony was prejudicial where the testimony was pervasive B. holding state court unreasonably applied strickland test because counsels failure to investigate expert testimony which called into doubt the central forensic evidence linking the inmate to the crime was ineffective assistance and prejudicial to defendant C. holding that the failure to interview and present alibi witnesses and to admit a third party outofcourt confession to the crime was prejudicial D. holding that counsels failure to present expert testimony explaining a possible causal link between defendants childhood and his crime was prejudicial E. holding that the failure to interview and present alibi witnesses who would have supported the defendants version of events was prejudicial

assistant: The best answer is D. holding that counsels failure to present expert testimony explaining a possible causal link between defendants childhood and his crime was prejudicial
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: in these terms , unless the context requires otherwise : i ) any phrase introduced by the words `` including '' , `` include '' , `` in particular '' , `` for example '' or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words ; and ii ) references to the singular include the plural and to the masculine include the feminine , and in each case vice versa .

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: notification informing them of the charges, and were given the opportunity to confront the charges before a “fair and impartial adjudicator.” (Docket No. 98 at 14.) Furthermore, both Plaintiffs had attorneys present at the hearings. Id. While Plaintiffs do not deny that they were provided with notice and a hearing, they argue their due process rights were violated because the process provided was a “sham,” and Defendants had already made up their mind to fire them because of their political affiliation. (Docket No. 110 at 40.). Plaintiffs that allege the hearing was a sham must prove the hearing officer reached his decision before listening to the testimony and did not take into account the evidence presented. See Acosta-Sepúlveda v. Hernández-Purcell, 889 F.2d 9, 12 (1st Cir.1989) (<HOLDING>); see also López-Anaya v. Palacios-de-Miranda, Options: A. holding it is not arbitrary and capricious to request additional evidence of continuing disability B. holding recommendation of hearing examiner valid when not arbitrary and capricious in nature and when no evidence demonstrates the result was preordained C. holding that the citys decision was arbitrary and capricious when it was contrary to the evidence and based solely on speculation arising from prior unrelated acts D. holding that even when there is a conflict of evidence before the commission and the evidence was such that the commission could have reasonably reached a contrary decision the commissions decision was not arbitrary and capricious E. holding that when the agencys decision was based on an erroneous and completely unsupported assumption the decision was arbitrary and capricious

assistant: The best answer is B. holding recommendation of hearing examiner valid when not arbitrary and capricious in nature and when no evidence demonstrates the result was preordained
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 remedies provided for herein are cumulative and are not exclusive of any other remedies provided by law. Seller agrees to pay to Buyer reasonable attorneys’ fees and reasonable legal expenses incurred in enforcing Buyer’s rights, powers and remedies under this Agreement and each other PMH Document.

assistant: Fees
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 Borrower hereby consents and agrees that, without notice to or by Borrower and without affecting or impairing in any way the obligations or liability of Borrower hereunder, PFG may, from time to time before or after revocation of this Agreement, do any one or more of the following in PFG's sole and absolute discretion: (i) accept partial payments of, compromise or settle, renew, extend the time for the payment, discharge, or performance of, refuse to enforce, and release all or any parties to, any or all of the Obligations; (ii) grant any other indulgence to any Borrower or any other Person in respect of any or all of the Obligations or any other matter; (iii) accept, release, waive, surrender, enforce, exchange, modify, impair, or extend the time for the performance, discharge, or payment of, any and all property of any kind securing any or all of the Obligations or any guaranty of any or all of the Obligations, or on which PFG at any time may have a Lien, or refuse to enforce its rights or make any compromise or settlement or agreement therefor in respect of any or all of such property; (iv) substitute or add, or take any action or omit to take any action which results in the release of, any one or more other Borrowers or any endorsers or guarantors of all or any part of the Obligations, including, without limitation one or more parties to this Agreement, regardless of any destruction or impairment of any right of contribution or other right of Borrower; (v) apply any sums received from any other Borrower, any guarantor, endorser, or co-signer, or from the disposition of any Collateral or security, to any indebtedness whatsoever owing from such Person or secured by such Collateral or security, in such manner and order as PFG determines in its sole discretion, and regardless of whether such indebtedness is part of the Obligations, is secured, or is due and payable. Borrower consents and agrees that PFG shall be under no obligation to marshal any assets in favor of Borrower, or against or in payment of any or all of the Obligations. Borrower further consents and agrees that PFG shall have no duties or responsibilities whatsoever with respect to any property securing any or all of the Obligations. Without limiting the generality of the foregoing, PFG shall have no obligation to monitor, verify, audit, examine, or obtain or maintain any insurance with respect to, any property securing any or all of the Obligations.

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: In connection with this Amendment and the transactions contemplated hereby, each Member shall execute and deliver such further documents, and perform such further acts, as may be necessary or appropriate to effectuate and perform the provisions of this Amendment and those transactions contemplated hereunder, as requested by the Board.

assistant: Further Assurances
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: deliberate indifference toward a serious medical need of Mr. Thomas. Nurse DeLorenzo was asked to see Mr. Thomas because he told the guards that he was going through withdrawal. When DeLorenzo met with Mr. Thomas, she questioned him and took urine drug screens for both heroin and oxycodone — both came up negative (indicating that such drugs were not in Mr. Thomas’s system). See ECF No. 78-16, at 38-39. Since Nurse DeLorenzo investigated possible heroin withdrawal but found no evidence of the condition, it cannot be said that she was deliberately indifferent to a known condition of heroin withdrawal. While DeLorenzo “could conceivably be wrong, [s]he cannot consciously disregard a risk [s]he has found reason to believe does not exist.” Bearam v. Wigen, 542 Fed.Appx. 91, 92 (3d Cir.2013) (<HOLDING>). However, after DeLorenzo informed Mr. Thomas Options: A. holding that a medical professional was not deliberately indifferent where the prisoner alleged that the professional performed some investigation and determined that the prisoner does not have the condition he thinks he has B. holding that a medical professional clearly indicated an exercise of medical judgment rather than deliberate indifference where the medical professional engaged in a goodfaith clinical assessment of plaintiffs symptoms concluding on several visits that his condition did not warrant medication C. holding that a professional owes no duty to third persons unless the professional had actual knowledge that those persons would rely on his rendering of professional services D. holding prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk E. holding that prisoner must show prison officials were deliberately indifferent to prison conditions to establish an eighth amendment violation

assistant: The best answer is A. holding that a medical professional was not deliberately indifferent where the prisoner alleged that the professional performed some investigation and determined that the prisoner does not have the condition he thinks he has
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: Webster’s Third New International Dictionary (1976) defines “express” as “Directly and distinctly stated or expressed rather than implied or left to inference: not dubious or ambiguous: definite, clear, explicit, unmistakable.” Second, the threat must be of death, or activity that would cause the victim to be in reasonable apprehension of his or her life. Id. at 1080-81. The court therefore found that the defendant’s threat that “if she did anything funny he would be back” was not an express threat of death because it merely implied physical harm or death, and “was simply not direct, distinct, or express.” Id. at 1081. The Tuck court declined to read the commentary broadly, noting that it does not have the force of law. See also United States v. Moore, 6 F.3d 715, 721-22 (11th Cir.1993)(<HOLDING>): United States v. Canzater, 994 F.2d 773, 775 Options: A. holding that an enhancement for an express threat of death may not be applied to the sentence for robbery when the threat is related to the use of the firearm and the defendant has a 924c sentence for the same firearm B. holding that the statement i have a gun is a threat of death C. holding that i have a gun give me money may imply threat to use gun but was not an express threat of death D. holding that the phrase i have a gun constitutes a threat of death under 2b31b2f E. holding that threat i have a gun and nothing to lose was not an express threat of death because there was not express mention of death and could also be interpreted to mean that robber was desperate and willing to turn alleged gun on himself

assistant: The best answer is E. holding that threat i have a gun and nothing to lose was not an express threat of death because there was not express mention of death and could also be interpreted to mean that robber was desperate and willing to turn alleged gun on himself
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In case any one or more of the provisions contained in this Letter Agreement will, for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, will not affect any other provision of this Letter Agreement, and the Parties will negotiate in good faith to modify this Letter Agreement to preserve (to the extent possible) their original intent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of Participant’s death prior to the Vesting Date, all of the PSUs will vest immediately and the underlying Shares shall be issued to his or her heirs, at their request made within 6 months following the Participant’s date of death. In the event of the Participant’s Disability (as defined below) prior to the Vesting Date, all of the PSUs will vest and be immediately transferable as of the date of such Disability. In the event of Participant’s Retirement (as defined below) prior to the Vesting Date, the Participant will retain the right to receive vested PSUs on the Vesting Date.

assistant: Death
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: On the date of each Credit Extension, on the date of each Release, on each Settlement Date and on the date each Monthly Report, Interim Report or other report is delivered to the Administrative Agent or any Lender hereunder, the Borrower shall be deemed to have certified that (i) all representations and warranties of the Borrower hereunder are true and correct in all material respects on and as of such day as though made on and as of such day, except for representations and warranties which apply as to an earlier date (in which case such representations and warranties shall be true and correct in all material respects as of such date) and (ii) no Event of Default or an Unmatured Event of Default has occurred and is continuing or will result from such Credit Extension or Release.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Pledge Agreement may be executed in any number of counterparts each of which when so executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this Pledge Agreement to produce or account for more than one such counterpart executed by the Pledgor against whom enforcement is sought.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the payment in full of the Obligations and termination of the Security Agreement, the Grantee shall, at the reasonable request of the Grantor, execute, acknowledge, and deliver to the Grantor an instrument in writing in recordable form releasing the collateral pledge, grant, lien and security interest in the Trademarks listed on Schedule I attached hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits have likewise recognized that inmates possess a First Amendment petition right to be free from retaliation for filing grievances. Herron v. Harrison, 203 F.3d 410, 414 (6th Cir. 2000) (recognizing claim where inmate alleged that prison officials “impermissibly retaliated against him for exercising his First Amendment right to file grievances and petition the courts for redress”); Powers v. Snyder, 484 F.3d 929, 933 (7th Cir. 2007) (recognizing claim where inmate alleged he was retaliated against for “filing grievances against the prison” and noting “[s]uch retaliation violates a prisoner’s right, founded on the First Amendment, to petition government for the redress of grievances”); Dixon v. Brown, 38 F.3d 379, 379 (8th Cir. 1994) (<HOLDING>); Brodheim v. Cry, 584 F.3d 1262, 1266, 1269-72 Options: A. holding that filing of a disciplinary charge becomes actionable if done in retaliation for the inmates filing of a grievance and stating that such conduct strikes at the heart of an inmates constitutional right to seek redress of grievances B. recognizing first amendment retaliation claim where official filed a disciplinary report following an inmates filing of a grievance C. holding that inmates allegation that guards destroyed his legal materials in retaliation for his filing of suits and grievances stated a cognizable first amendment claim D. recognizing right to petition for redress of grievances under established prison grievance system E. recognizing first amendment petition right where inmate alleged retaliation for filing grievances

assistant: The best answer is A. holding that filing of a disciplinary charge becomes actionable if done in retaliation for the inmates filing of a grievance and stating that such conduct strikes at the heart of an inmates constitutional right to seek redress of grievances
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: at the time the complaint was drafted.” (Id. at 8-9.) Exhibit 4 is the Collective Bargaining Agreement (CBA) governing the relationship between Plaintiff and Defendant, referenced in Plaintiff's Complaint and Amended Complaint. In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court will evaluate facts stated in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint. Hayden v. Cnty. of Nassau, 180 F.3d 42, 54 (2d Cir.1999). The Court considers the CBA, even though it was attached to Defendants' Motion to Dismiss rather than Plaintiff's Complaint. See Sampson v. Medisys Health Network Inc., No. 10-CV1342 (SJF)(ARL), 2011 WL 579155, at *7 (E.D.N.Y. Feb. 08, 2011) (<HOLDING>). 2 . Although the Proposed Amended Complaint Options: A. holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity B. holding that despite plaintiffs argument that cbas may not be considered upon a motion to dismiss because they were not attached to the complaint a court may rely on the cba for purposes of determining section 301 preemption because insofar as the terms of plaintiffs employment are covered by cbas the existence of these cbas are integral to the complaint especially with respect to this courts determination as to whether the state law claims are preempted by federal labor law C. holding that the court may consider an article not attached to the complaint in determining whether to dismiss the complaint because the article was integral to and explicitly relied on in the complaint and because the plaintiffs did not challenge its authenticity D. holding that documents integral to the complaint are properly considered on a motion to dismiss E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is B. holding that despite plaintiffs argument that cbas may not be considered upon a motion to dismiss because they were not attached to the complaint a court may rely on the cba for purposes of determining section 301 preemption because insofar as the terms of plaintiffs employment are covered by cbas the existence of these cbas are integral to the complaint especially with respect to this courts determination as to whether the state law claims are preempted by federal labor law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: deficiency assessment is the “ascertainment of the amount due [in delinquent taxes] and the formal entry of that amount on the books of the Secretary.” United States v. Dixieline Fin., Inc., 594 F.2d 1311, 1312 (9th Cir.1979). In the case of a tax deficiency, “[i]f the taxpayer does not file a petition with the Tax Court within ... [ninety days from the date of the issuance of the Notice of Deficiency], the deficiency ... shall be assessed, and shall be paid upon notice and demand from the Secretary.” 26 U.S.C. § 6213(c). Once an assessment has been made, the Government is entitled to pursue certain remedies, similar to those of a judgment creditor, in seeking satisfaction of the tax deficiency owed. See Bull v. United States, 295 U.S. 247, 260, 55 S.Ct. 695, 699, 79 L.Ed. 1421 (1935) (<HOLDING>). In this case, as a condition of the judgment Options: A. holding that a debt incurred for a personal family or household purpose is a consumer debt even though it is secured by the debtors real property B. holding that the appropriation of the land is complete when the amount of damage awarded by the commissioners is paid and possession is taken C. holding that the assessment is given the force of a judgment and if the amount assessed is not paid when due administrative officials may seize the debtors property to satisfy the debt D. holding that for setoff purposes a debt is due when the bank has the power to deem the debt due not when the bank actually exercises that power E. holding that a derivatively liable corporate officer need not be separately assessed because the consequences of the assessment attach to the tax debt without reference to the special circumstances of the secondarily liable parties

assistant: The best answer is C. holding that the assessment is given the force of a judgment and if the amount assessed is not paid when due administrative officials may seize the debtors property to satisfy the debt
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: August 17, 1992. (Proposed Pretrial Order, p. 6, ¶ 3). The court accepts this contention as true. Boeing argues that because plaintiff filed her administrative sex discrimination claim in August 1992, any allegedly discriminatoiy conduct, in order to be actionable, must have occurred within the 300-day period immediately preceding August 1992. 42 U.S.C. § 2000e-5(e). According 705 (10th Cir.1992) (“If the plaintiff establishes a pattern of continuing discrimination beginning before the [applicable statutory] period and extending into that period, the plaintiff may recover for those earlier acts.”). It does not make actionable an “isolated” or “unrelated” incident of discrimination that occurred outside that period. Allen v. Denver Public School Bd., 928 F.2d 978, 984 (10th Cir.1991) (<HOLDING>); Gray v. Phillips Petroleum Co., 858 F.2d 610, Options: A. holding that an individual could recover for acts occurring outside the statutory time period if at least one act occurred within the time period and the acts were part of the same hostile work environment B. holding that an action filed outside the statutory period of limitations should be dismissed and that mandamus was the proper remedy when the circuit court had denied the defendants motion to dismiss C. holding that consideration of the entire scope of a hostile work environment claim including behavior alleged outside the statutory time period is permissible for the purposes of assessing liability so long as any act contributing to that hostile environment takes place within the statutory time period D. holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal E. holding that because nonpromotion claim involved an event unrelated to other alleged violations and occurred outside the statutory period it was prohibited as untimely

assistant: The best answer is E. holding that because nonpromotion claim involved an event unrelated to other alleged violations and occurred outside the statutory period it was prohibited as untimely
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 party irrevocably and unconditionally submits, and the Borrower shall cause each other Loan Party to irrevocably and unconditionally submit, for itself and its property, to the nonexclusive jurisdiction of the courts of the State of New York sitting in Monroe County and of the United States District Court of the Western District of New York, and any appellate court from any thereof, in any action or proceeding arising out of or relating to this Agreement or any other Loan Document, or for recognition or enforcement of any judgment, and each of the parties hereto irrevocably and unconditionally agrees, and the Borrower shall cause each other Loan Party to unconditionally agree, that all claims in respect of any such action or proceeding may be heard and determined in such New York State court or, to the fullest extent permitted by applicable law, in such Federal court. The Borrower and Lender agree, and the Borrower shall cause each other Loan Party to agree, that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Nothing in this Agreement or in any other Loan Document shall affect any right that the Lender may otherwise have to bring any action or proceeding relating to this Agreement or any other Loan Document against the Borrower or any other Loan Party or its properties in the courts of any jurisdiction.

assistant: Jurisdictions
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 ASSIGNOR, AND, BY ITS ACCEPTANCE HEREOF, THE ASSIGNEE, HEREBY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY HERETO OR ANY BENEFICIARY HEREOF ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS ASSIGNMENT.

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: Read the case excerpt and choose the best holding from the options. Case excerpt: Court precedent and should be reversed. I therefore write separately to identify the bases for my disagreement with Craft I and to recommend that this case be revisited en banc. As Judge Ryan pointed out in his dissent in Craft I, the legal landscape has changed considerably since 1971, when this court held in Cole v. Cardoza, 441 F.2d 1337, 1343 (6th Cir.1971), that a federal tax lien against an individual taxpayer cannot attach to property held by that taxpayer as a tenant by the entirety. In the interim, the Supreme Court has made clear that the IRS’s power under 26 U.S.C. § 6321 to attach the individual property rights of a delinquent taxpayer is extensive, if not plenary. See United States v. National Bank of Commerce, 472 U.S. 713, 719-20, 106 S.Ct. 2919, 86 L.Ed.2d 565 (1985) (<HOLDING>); Jewett v. Commissioner of Internal Revenue, Options: A. holding that any property in which the taxpayer has any right title or interest is subject to foreclosure proceeding including property in which others claim an interest so long as all persons having liens or claiming any interest in the property are joined as parties to the suit B. holding that 6321 is broad and reveals on its face that congress meant to reach every interest in property that a taxpayer might have C. holding that 7403 requires compensation for every property interest that is taken in the process D. holding that plaintiffs may have a property interest in real property E. holding that inmates have a property interest in their money

assistant: The best answer is B. holding that 6321 is broad and reveals on its face that congress meant to reach every interest in property that a taxpayer might have
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: standing against the need for confidentiality before proceeding to an automatic in camera review of the materials”). Indeed, the court might decide that releasing the records in a redacted form while editing out any privileged or confidential subject matter is appropriate. South Jersey Publishing, supra, 124 N.J. at 488-89, 591 A.2d 921. However, a “mere summary of the record is inadequate * * * where a more complete record reflecting the underlying facts is available and the plaintiffs need therefore outweighs any threat disclosure may pose to the public or private interest.” Id. at 489, 591 A.2d 921. III We first observe that plaintiff has a sufficient interest under the common law to request access to public records. See South Jersey Publishing, supra, 124 N.J. at 496, 591 A.2d 921 (<HOLDING>); Shuttleworth v. City of Camden, 258 Options: A. holding that newspaper had a sufficient interest under the common law to request access to minutes and related documents of governmental meeting held in executive session B. holding that council discussion in executive session of whether to appeal did not violate the open meeting law given that ultimate decision to adopt ordinance to meet the objections of trial court was made in public C. recognizing common law right of access to judicial documents D. holding that the first amendment right of public access does not extend to nonjudicial documents compiled during an executive branch investigation E. holding that there is no first amendment or common law right of access to documents which played no role in a judicial decision

assistant: The best answer is A. holding that newspaper had a sufficient interest under the common law to request access to minutes and related documents of governmental meeting held in executive session