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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any employer shall be entitled, if necessary or desirable, to pay or withhold the amount of any federal, state or local tax attributable to any amounts payable by it under the PIP, and may require payment from the participant in an amount necessary to satisfy such taxes prior to remitting such taxes.

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: Each Grantor shall execute and deliver to the Secured Party and/or file such agreements, assignments or instruments (including affidavits, notices, reaffirmations and amendments and restatements of existing documents, as the Secured Party may reasonably request) and do all such other things as the Secured Party may reasonably deem necessary or appropriate (i) to assure to the Secured Party its security interests hereunder, including (A) such instruments as the Secured Party may from time to time reasonably request in order to perfect and maintain the security interests granted hereunder in accordance with the UCC, including, without limitation, financing statements (including continuation statements), (B) with regard to Copyrights, a Notice of Grant of Security Interest in Copyrights substantially in the form of Exhibit B or other form acceptable to the Secured Party, (C) with regard to Patents, a Notice of Grant of Security Interest in Patents for filing with the USPTO substantially in the form of Exhibit C or other form acceptable to the Secured Party and (D) with regard to Trademarks, a Notice of Grant of Security Interest in Trademarks for filing with the USPTO substantially in the form of Exhibit D or other form acceptable to the Secured Party, (ii) to consummate the transactions contemplated hereby and (iii) to otherwise protect and assure the Secured Party of its rights and interests hereunder. Furthermore, each Grantor also hereby irrevocably makes, constitutes and appoints the Secured Party, its nominee or any other person whom the Secured Party may designate, as such Grantor’s attorney in fact with full power and for the limited purpose to prepare and file (and, to the extent applicable, sign) in the name of such Grantor any financing statements, or amendments and supplements to financing statements, renewal financing statements, notices or any similar documents which in the Secured Party’s reasonable discretion would be necessary or appropriate in order to perfect and maintain perfection of the security interests granted hereunder, such power, being coupled with an interest, being and remaining irrevocable until the Termination Date. Each Grantor hereby agrees that a carbon, photographic or other reproduction of this Agreement or any such financing statement is sufficient for filing as a financing statement by the Secured Party without notice thereof to such Grantor wherever the Secured Party may in its sole discretion desire to file the same.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with engagements of the type covered by this Agreement, Aurora requires the client to provide rights to indemnification and contribution, and a limitation of liability. Therefore, by signing this Agreement, the Company agrees to all provisions contained in Schedule B attached hereto, which provisions are expressly incorporated herein by this reference.

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: from “voluntarily band[ing] together to stabilize rents in the city,” but the local law involved no “concerted action.” 475 U.S. at 266, 106 S.Ct. 1045. The Court ruled that “[a] restraint imposed unilaterally by government does not become concerted action within the meaning of the [Sherman Act] simply because it has a coercive effect upon parties who must obey the law.” Id. at 267, 106 S.Ct. 1045. Nor does a government restraint become concerted action because certain citizens benefit from it, see id. at 264, 106 S.Ct. 1045 (“[T]he function of government may often be to tamper with free markets, correcting their failures and aiding their victims.... ”), or even have urged it, cf. City of Columbia v. Omni Outdoor Adver., Inc., 499 U.S. 365, 375, 111 S.Ct. 1344, 113 L.Ed.2d 382 (1991) (<HOLDING>). As we recognized in Freedom Holdings I, Options: A. recognizing inevitability and desirability of public officials acting in response to private citizens requests in rejecting argument for narrowing state action immunity B. recognizing that state agencies which are independent of the state are citizens of the state C. holding that states and state officials acting in their official capacity are not persons under 1983 D. recognizing private right of action E. holding constitutional a tax on a private citizens interest in housing on government property received as part of the private citizens compensation

assistant: The best answer is A. recognizing inevitability and desirability of public officials acting in response to private citizens requests in rejecting argument for narrowing state action immunity
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: It is true that “[i]f a party timely files a petition for rehearing or reconsideration in accordance with the rules of the agency, the time to petition for review [by this court] runs from the date when notice of the order denying the petition is given.” D.C. App. R. 15 (b). By referring to “a petition,” the rule seems to allow only one motion for reconsideration to toll the time for appeal. Id. However, we need not rely solely on such a close parsing of the rule. There are sound policies behind permitting only one motion for reconsideration to extend the time for seeking review. Otherwise, a party could defeat the purpose of setting time limits for seeking appellate review by repeatedly filing motions for reconsideration. See, e.g., Yates v. Behrend, 280 F.2d 64, 65 (D.C. Cir. 1960) (<HOLDING>); De Foe v. Nat’l Capital Bank, 90 A.2d 242, Options: A. holding that an unauthorized motion for rehearing does not toll defendants time for filing a notice of appeal B. holding that a second motion for reconsideration did not toll the time for appeal because to hold otherwise would permit dilatory tactics destructive of the finality of the judgment C. holding filing of motion for reconsideration does not toll the 30day deadline for filing petition for review D. holding that the filing of a motion for reconsideration does not toll the period for seeking judicial review of the underlying order E. holding that notice of appeal did not divest the district court of jurisdiction at the time it was filed because a motion for reconsideration was pending

assistant: The best answer is B. holding that a second motion for reconsideration did not toll the time for appeal because to hold otherwise would permit dilatory tactics destructive of the finality of the judgment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive terminates employment voluntarily before attaining age fifty-five (55) or becoming Vested for reasons other than death or Disability, the Company shall have no obligation to pay, and the Executive shall have no right to receive, any retirement benefit under this Agreement whatsoever. In the event of the Executive’s involuntary termination of employment (other than for Cause) at any time, the benefit payable to the Executive shall be determined as set forth in Section 3.1, and the Executive’s benefit shall commence at age fifty-nine (59) if the Executive then survives. In the event the Executive does not then survive, the Executive’s Surviving Spouse shall be entitled to the benefit under Section 3.2, if the Surviving Spouse then survives.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise specified, references in this Agreement to any Section or clause refer to such Section or clause as contained in this Agreement. The words “herein,” “hereof” and “hereunder” and other words of similar import in this Agreement refer to this Agreement as a whole, and not to any particular Section or clause contained in this Agreement. Wherever from the context it appears appropriate, each term stated in either the singular or plural shall include the singular and the plural, and pronouns stated in the masculine, feminine or neuter gender shall include the masculine, feminine and neuter genders. The words “including,” “includes” and “include” shall be deemed to be followed by the words “without limitation”.

assistant: Construction
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 term of this Agreement begins on September 1, 2017 and ends on December 31, 2019 (the “ Term ”). The Term will be automatically extended for successive one year periods unless either party provides written notice of non-renewal to the other party at least 90 days prior to the applicable renewal date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: greater intrusion of their privacy than the ferry passengers who have to open their trunks for a brief visual inspection by a ferry attendant. 428 U.S. at 547, 96 S.Ct. 3074 (upholding brief questioning in a “secondary inspection area” which lasted on average between three and five minutes). And even if the intrusions in this case were more significant than those in the Supreme Court’s checkpoint cases, they are certainly less intrusive than the search at issue in Edwards. In Edwards, we found pre-boarding baggage searches at airports to be minimally intrusive, even when a Deputy United States Marshal searched a woman’s bag, found a package with a pair of slacks wrapped around it, removed the slacks, and looked inside the package. 498 F.2d at 499-500; see also MacWade, 460 F.3d at 273 (<HOLDING>). Nor does plaintiffs’ assertion that Options: A. holding that a random visual and manual search of bags and packages carried onto the new york city subway was minimally intrusive B. holding that there was no reasonable expectation of privacy in the contents of plastic garbage bags left on or at the side of a public street C. holding tacit consent to search of person was insufficient to prove consent to search bags where bags were not in defendants actual possession defendant merely pointed out bags at officers request and officer never specifically asked for consent to search bags D. holding that random searches of subway passengers carryon bags which include the visual inspection of the contents of such bags to be minimal E. holding that defendant had no reasonable expectation of privacy in the contents of plastic bags placed in or near his open garbage cans and that the police did not violate his fourth amendment rights in seizing and searching the bags where they were able to do so without trespassing on the defendants property

assistant: The best answer is D. holding that random searches of subway passengers carryon bags which include the visual inspection of the contents of such bags to be minimal
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: AEP that existed when Worth filed his complaint, and Worth nowhere disputes the district court’s finding, supported by an unchallenged agency affidavit, that HUD “will not renew the AEP that was in effect when MD-714 was operative.” Worth v. Jackson, No. 02-1576, slip op. at 11 (Jan. 5, 2004); Jackson Decl. at 2, Sept. 10, 2003 (stating that the AEP “will not be renewed or reissued”); see also United States v. Concentrated Phosphate Export Ass’n, 393 U.S. 199, 203-04, 89 S.Ct. 361, 21 L.Ed.2d 344 (1968) (finding in the mootness context that whether “the likelihood of further violations is sufficiently remote to make injunctive relief unnecessary ... is a matter for the trial judge”). That ends the matter. See Burke v. Barnes, 479 U.S. 361, 363-65, 107 S.Ct. 734, 93 L.Ed.2d 732 (1987) (<HOLDING>). To be sure, the Supreme Court has Options: A. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing B. holding that similar jurisdictional bar precluded review only of administration of statute not of challenge to statute itself C. holding that noncompete provisions survived the expiration of an employment agreement where 1 the contract expressly provided that the provisions would continue to apply if the employee continued working and 2 the noncompete clause expressly stated it would continue to be in effect after the expiration or termination of employment D. holding that amendment to the challenged statute mooted the claim when the state had expressed no intention to reenact the prior law E. holding that a statutes expiration mooted any challenge to the statute

assistant: The best answer is E. holding that a statutes expiration mooted any challenge to the statute
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: UMHL has all corporate power and authority to execute and deliver this Agreement, to perform its obligations hereunder and to consummate the transactions contemplated hereby and upon the execution and delivery by Umatrin and the Umatrin Shareholders and the performance of their obligations herein, will constitute, a legal, valid and binding obligation of UMHL. The execution and delivery of this Agreement by UMHL and the consummation by UMHL of the transactions contemplated hereby have been duly authorized by all necessary corporate action of UMHL, and no other corporate proceedings on the part of UMHL are necessary to authorize this Agreement or to consummate the transactions contemplated hereby.

assistant: Authorizations
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: damage; and child abuse. We agree. Deficient Performance Counsel has a duty to conduct a reasonable investigation so that he can make an informed decision about how best to represent his client. Strickland, 466 U.S. at 691, 104 S.Ct. 2052. Thus, counsel may render ineffective assistance “where he neither conducted a reasonable investigation nor made a showing of strategic reasons for failing to do so.” Sanders v. Ratelle, 21 F.3d 1446, 1456 (9th Cir.1994). We have held that a failure to investigate and present, at the penalty phase of a capital trial, evidence of organic brain damage or other mental impairments, drug abuse, and a dysfunctional family or social environment may constitute ineffective assistance of counsel. See, e.g., Caro v. Calderon, 165 F.3d 1223, 1226 (9th Cir.1999) (<HOLDING>); Wallace v. Stewart, 184 F.3d 1112, 1115 (9th Options: A. holding trial counsel ineffective for failing to investigate and present evidence of the appellants good conduct in prison B. holding that counsels performance was deficient for failing to investigate readily available evidence of mental impairment C. holding that counsel was ineffective for failing to investigate defendants mental impairments caused by childhood exposure to toxic chemicals D. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel E. holding counsel ineffective for failing to investigate and present mitigating evidence

assistant: The best answer is C. holding that counsel was ineffective for failing to investigate defendants mental impairments caused by childhood exposure to toxic chemicals
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: (i) With respect to each Letter of Credit outstanding on the Amendment No. 4 Effective Date and (ii) by the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank or the Lenders, the Issuing Bank hereby grants to each 2018 Extended Revolving Lender, and each 2018 Extended Revolving Lender hereby acquires from the Issuing Bank, a participation in any such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under any such Letter of Credit. In consideration and in furtherance of the foregoing, each 2018 Extended Revolving Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of the Issuing Bank, such 2018 Extended Revolving Lender’s Applicable Percentage of each LC Disbursement made by the Issuing Bank and not reimbursed by the Borrower on the date due as provided in paragraph (e) of this Section 2.05, or of any reimbursement payment required to be refunded to the Borrower for any reason. Each 2018 Extended Revolving Lender acknowledges and agrees that its obligation to assume and acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. For the avoidance of doubt, after the Amendment No. 4 Effective Date no Revolving Lender shall be considered to hold a participation pursuant to this paragraph in respect of any Letter of Credit.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts , and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Agreement by facsimile or other electronic transmission (e.g., in “pdf” or “tif” format) shall be effective as delivery of a manually executed counterpart hereof.

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: Neither action taken (including any investigation by or on behalf of any Party) nor inaction pursuant to this Agreement shall be deemed to constitute a waiver of compliance with any representation, warranty, covenant or agreement contained herein by the Party not committing such action or inaction. A waiver by any Party of a particular right, including breach of any provision of this Agreement, shall not operate or be construed as a subsequent waiver of that same right or a waiver of any other right.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in which a debtor’s disbursements are less than $15,000, including those quarters in which total disbursements total zero, so long as the case remains open. Further, only a construction of 28 U.S.C. § 1930(a)(6) which requires payment of the minimum fee for those quarters in which there are no disbursements gives effect to the mandate of the first sentence of § 1930(a)(6) that a fee “shall” be paid in each case and in every quarter for as long as the case remains open. See Bowsher v. Merck & Co., Inc., 460 U.S. 824, 833, 103 S.Ct. 1587, 75 L.Ed.2d 580 (1983) (restating and reaffirming “the settled principal of statutory construction that we must give effect, if possible, to ever word of the statute”); FTC v. Mandel Bros., Inc., 359 U.S. 385, 389, 79 S.Ct. 818, 3 L.Ed.2d 893 (1959) (<HOLDING>). Finally, in order to reach the same Options: A. recognizing that statutes should be construed to avoid conflict and to form a harmonious whole B. holding that statutes should not be interpreted so as to render any of its provisions nugatory C. holding that a statute should where possible be construed according to its plain meaning and as a whole giving meaning to all its parts D. holding that statutes should be interpreted so as to fit if possible all parts into a harmonious whole E. holding that a contract must be read as a whole in order to give a reasonable and harmonious meaning and effect to all of its provisions citation omitted

assistant: The best answer is D. holding that statutes should be interpreted so as to fit if possible all parts into a harmonious whole
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: construction is to ascertain and effectuate the intent of the legislature.” Hawkins v. Bruno Yacht Sales, Inc., 353 S.C. 31, 39, 577 S.E.2d 202, 207 (2003). The words of the statute must be given their plain and ordinary meaning without resorting to subtle or forced construction to limit or expand the statute’s operation. Hitachi Data Sys. Corp. v. Leatherman, 309 S.C. 174, 178, 420 S.E.2d 843, 846 (1992). “The construction of a statute by the agency charged with its administration will be accorded the most respectful consideration and will not be overruled absent compelling reasons.” Brown v. South Carolina Dep’t of Health & Envtl. Control, 348 S.C. 507, 515, 560 S.E.2d 410, 414 (2002); see Nucor Steel v. South Carolina Pub. Serv. Comm’n, 310 S.C. 539, 543, 426 S.E.2d 319, 321 (1992) (<HOLDING>). Furthermore, “[t]he language of a tax Options: A. recognizing that where an agency is charged with the execution of a statute the agencys interpretation should not be overruled without cogent reason B. holding that deference to an agency interpretation is not appropriate where a statute is administered by more than one agency C. holding that when a court is asked to construe an ambiguous statute it must defer to the interpretation set out in a regulation promulgated by the agency charged with administering the statute so long as the agencys interpretation is reasonable D. recognizing that deference to an agencys interpretation of the written law is appropriate only when that interpretation is within the written laws language E. holding that where multiple agencies are charged with administering a statute a single agencys interpretation is generally not entitled to chevron deference but concluding that there would be no comparable concern if all three agencies charged with administering the statute in question pressed the same interpretation before this court

assistant: The best answer is A. recognizing that where an agency is charged with the execution of a statute the agencys interpretation should not be overruled without cogent reason
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 failure of any party to this Agreement or the Release Agreement to enforce any of the terms, provisions or covenants contained therein shall not be construed as a waiver of the same or of the right of such party to enforce the same. Waiver by any party hereto of any breach or default by another party of any term or provision of this Agreement or the Release Agreement shall not operate as a waiver of any other breach or default.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise specified in the Transaction Agreements, each Party shall pay its own costs and expenses, including legal, consulting, financial advisor and accounting fees and expenses, incurred in connection with the Transactions and the Transaction Agreements, irrespective of when incurred or whether or not the First Closing or Second Closing occurs.

assistant: Expenses
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: Schedule 3.21 sets forth each of the consents, approvals, Orders, authorizations and waivers of, and declarations, filings and registrations with, all third parties (including Governmental Authorities) that are necessary or required to permit the transactions contemplated by this Agreement.

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: Any notice required or permitted hereunder shall be given, (a) with respect to the Guarantor, at the address(es) indicated in Schedule 10.02 of the Credit Agreement and (b) with respect to the Administrative Agent or any other Secured Party, at the Administrative Agent’s address(es) indicated in Schedule 10.02 of the Credit Agreement. All such addresses may be modified, and all such notices shall be given and shall be effective, as provided in Section 10.02 of the Credit Agreement for the giving and effectiveness of notices and modifications of addresses thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Options granted hereunder will vest monthly in equal 1/36 th increments during the three years from the date of this agreement. In the event that the company is purchased by another company (a “Liquidity Event”), the Options shall fully vest simultaneously with such Liquidity Event.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any claim is made or suit is brought against a party or entity entitled to indemnification under this Clause 19 (the “ Indemnitee ”) for damages for which liability has been assumed by the other party under this Clause 19 (the “ Indemnitor ”), the Indemnitee will promptly give notice to the Indemnitor and the Indemnitor (unless otherwise requested by the Indemnitee) will assume and conduct the defense, or settlement, of such claim or suit, as the Indemnitor will deem prudent. Notice of the claim or suit will be accompanied by all information pertinent to the matter as is reasonably available to the Indemnitee and will be followed by such cooperation by the Indemnitee as the Indemnitor or its counsel may reasonably request, at the expense of the Indemnitor.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To request the issuance of a Letter of Credit (or the amendment or extension of an outstanding Letter of Credit), the Borrower shall hand deliver or telecopy (or if arrangements for doing so have been approved the Administrative Agent and by the applicable Issuing Bank, electronic communication) to such Issuing Bank and the Administrative Agent (reasonably in advance of the requested date of issuance, amendment or extension) a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended or extended, and specifying the date of issuance, amendment or extension (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with clause (c) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof and such other information as shall be necessary to prepare, amend or extend such Letter of Credit. The form of any requested Letter of Credit or any requested amendment or extension of a Letter of Credit shall be reasonably acceptable to the applicable Issuing Bank. No Issuing Bank shall be obligated to issue any Letter of Credit (i) in violation of any Applicable Law or policy of such Issuing Bank or any Revolving Lender, (ii) if any order, judgment or decree of any Governmental Authority or arbitrator shall by its terms purport to enjoin or restrain such Issuing Bank from issuing such Letter of Credit, (iii) the issuance of such Letter of Credit would violate one or more policies of such Issuing Bank generally applicable to the issuance of letters of credit, (iv) if such Letter of Credit is to be denominated in a currency other than Dollars or (v) if such Letter of Credit contains any provision for automatic reinstatement of the stated amount after any drawing thereunder. If requested by the applicable Issuing Bank, the Borrower also shall submit an LC Application in connection with any request for a Letter of Credit. A Letter of Credit shall be issued, amended or extended only if (and upon issuance, amendment or extension of each Letter of Credit the Borrower shall be deemed to represent and warrant that), after giving effect to such issuance, amendment or extension (i) the LC Exposure shall not exceed the LC Sublimit, (ii) the total Revolving Credit Exposures shall not exceed the total Revolving Commitments then in effect and (iii) the other conditions thereto set forth in this Agreement are met. No Issuing Bank shall be under any obligation to amend or extend any Letter of Credit if (i) such Issuing Bank would have no obligation at such time to issue the Letter of Credit in its amended form under the terms hereof or (ii) the beneficiary of such Letter of Credit does not accept the proposed amendment thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: competing business interests. See Solari, supra, 55 N.J. at 576, 264 A.2d 53. At this early stage of the litigation, that is enough to support plaintiffs claim to a viable cause of action. We recognize that no New Jersey case has previously addressed whether a CEPA or Pierce claim may arise in the context of an employee’s refusal to sign a noncompete clause. But, for the reasons expressed, we find that New Jersey’s strong prohibition against restraint of trade, and against unduly burdening employees by restricting their right to engage in their chosen field of employment, establishes the public policy necessary to support a CEPA and Pierce common-law cause of action. See D’Sa v. Playhut, Inc., 85 Cal.App.4th 927, 102 Cal.Rptr.2d 495, 497 (2000), review denied (Mai-. 21, 2001) (<HOLDING>). IV In rendering its decision, the Law Options: A. holding a claim for wrongful termination in violation of public policy is not available where the employee has an existing statutory remedy B. holding employment agreement consisting entirely of a covenant not to compete unenforceable because the covenant must be supported by valuable consideration C. holding that although signing arbitration agreement was condition of employment agreement was not void for unconscionability D. holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy E. holding that termination is an adverse employment action

assistant: The best answer is D. holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: Cite as: 547 U. S. ____ (2006) 1 Per Curiam SUPREME COURT OF THE UNITED STATES JEFFREY JEROME SALINAS v. UNITED STATES ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 05–8400. Decided April 24, 2006 PER CURIAM. The petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit and the motion of petitioner for leave to proceed in forma pauperis are granted. The judgment is vacated, and the case is re manded to the Fifth Circuit for further consideration. The Fifth Circuit concluded that petitioner’s prior con viction for simple possession of a controlled substance constituted a “controlled substance offense” for purposes of United States Sentencing Commission, Guidelines Man ual §4B1.1(a) (2003). The term “controlled substance offense” is defined in pertinent part, however, as “an offense under federal or state law . . . that prohibits . . . the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense.” §4B1.2(b) (emphasis added). Accordingly, the Fifth Circuit erred in treating petitioner’s conviction for simple possession as a “controlled substance offense.” The Solicitor General acknowledges that the Fifth Circuit incorrectly ruled for the United States on this ground. Brief in Opposition 8–9.

assistant: 1
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: interim orders issued by arbitration panel were resolution of separate and independent claim and subject to confirmation even though the orders did not dispose of all claims submitted to arbitration); The Home Insurance Company v. RHA/Pennsylvania Nursing Homes, Inc., 127 F.Supp.2d 482, 490 (S.D.N.Y.2001) (an interim award which adjudicated a portion of a damages claim and ordered the payment of that sum is final even though liability and potential damages issues remained to be resolved with respect to the remainder of the same claim; court held that an arbitration award that fully disposes of a separate and independent claim is final for purposes of confirmation under the FAA even if other claims remain pending); Hart Surgical, Inc. v. Ultracision, Inc., 244 F.3d 231 (1st Cir.2001) (<HOLDING>); Publicis Communication v. True North Options: A. holding that an order remanding an arbitration award is not a final appealable order when the order does not also vacate the arbitration award B. holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants C. holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration D. holding that summary judgment order that does not dispose of all claims between parties does not confer appellate jurisdiction because it is not a final decision under 28 usc 1291 E. holding that section nine does not limit confirmation of an award to the district court in the district of arbitration and confirmed a new york arbitration over whose parties the court had personal jurisdiction

assistant: The best answer is C. holding that an award which finally and definitely disposes of a separate independent claim may be confirmed although it does not dispose of all the claims that were submitted to arbitration
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: her will and without lawful authority, with intent to commit or facilitate the commission of a felony, to wit: SEXUAL BATTERY, contrary to Sections 787.01(l)(a)(2), 787.01(2), Florida Statutes ... While the State presented sufficient evidence to prove that Donovan did touch K.B. in his attempt to keep her in the car, the State failed to allege in the information that an unlawful touching‘had occurred. To that end, the mere allegation that a kidnapping was committed was insufficient, by itself, to allege that a battery was also committed because the crime of kidnapping does not always include an unlawful touching. For example, a kidnapping can be accomplished when a person is threatened to remain somewhere against his or her will. See Biggs v. State, 745 So.2d 1051 (Fla. 3d DCA 1999)(<HOLDING>). Accordingly, we must reverse Donovan’s Options: A. holding that circumstantial evidence alone is sufficient to support a cocaine conspiracy conviction B. holding evidence that defendant confined five victims with intent to terrorize them was sufficient to support kidnapping conviction C. holding evidence sufficient to support conviction of intent to distribute based on inter alia 047 grams of methamphetamine divided into five individual packages D. holding that a victims outofcourt identification was sufficient to support adjudication E. holding that evidence of a 10yearold drug conviction was properly admitted to show intent in a prosecution for possession with intent to distribute

assistant: The best answer is B. holding evidence that defendant confined five victims with intent to terrorize them was sufficient to support kidnapping conviction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Serv., 899 F.2d 203, 209 (2d Cir.1990); see also Gorman-Bakos v. Cornell Coop. Extension of Schenectady County, 252 F.3d 545, 554 (2d Cir.2001). Importantly, summary judgment is not appropriate where “questions regarding an employer’s motive predominate in the inquiry regarding how important a role the protected speech played in the adverse employment decision.” Morris, 196 F.3d at 110 (citation omitted). Here, Sebast has sufficiently established a claim for unconstitutional retaliation to survive summary judgment. While all inferences drawn from the current record would lead the court to find that Sebast engaged in protected speech by complaining to Sheriff Campbell about Undersheriff Mahan’s potential misconduct, see, e.g., Fikes v. City of Daphne, 79 F.3d 1079, 1084 (11th Cir.1996) (<HOLDING>), the court is presently unable to conclude as Options: A. holding that the absence of a motivating desire to address a matter of public concern was not dispositive as to whether the speech addressed a matter of public concern B. holding that law enforcement agents internal reports of misconduct by fellow officers involved matters of public concern and contrasting such speech with employees complaints in tang C. holding that an officers report of misconduct by fellow officer is a matter of public concern D. holding that alleged misconduct by public officials particularly by law enforcement officials is matter of public concern E. holding that employees voluntary testimony is also inherently a matter of public concern

assistant: The best answer is C. holding that an officers report of misconduct by fellow officer is a matter of public concern
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 will not hold booking.com or ems liable or responsible for any ( authorized , ( allegedly ) unauthorized or wrong ) charge by the supplier and not ( re ) claim any amount for any valid or authorized charge by the supplier ( including for pre-paid rates , no-show and chargeable cancellation ) of your credit card or debit card .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Employee shall have no vested right in the Performance-Based Cash Award unless the requirements of Section 3 have been met. Such achievement shall be construed by all parties as a condition related to the purpose of the compensation for purposes of Section 409A of the Code. Provided that such requirements have been met, and that the Employee is employed by the Company as of the Fiscal Year Date, vesting shall occur as of the day following the Fiscal Year Date. If, prior to the Fiscal Year Date, the Employee voluntarily leaves employment with the Company other than for Good Reason or is terminated by the Company for Cause, the Employee shall forfeit the entirety of the Performance-Based Cash Award otherwise payable hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for China, which indicated that “[t]he government has continued to wage a severe campaign against Falun Gong,” and not that conditions had changed. Finally, Chen argues that she demonstrated changed country conditions based on her submission of an affidavit from her father and an unauthenticated village committee notice, both of which indicated that Chinese government officials had learned of her practice of Falun Gong and that she would be subject to “severe punishment” for practicing Falun Gong in the United States upon her return to China. The BIA’s determination that this evidence was of little probative value is entitled to deference, particularly in light of the agency’s prior finding that Chen was not credible. See Qin Wen Zheng v. Gonzales, 500 F.3d 143, 148-49 (2d Cir.2007) (<HOLDING>); see also Xiao Ji Chen v. U.S. Dep’t of Options: A. holding that the bia did not abuse is discretion in declining to credit unauthenticated documents submitted with a motion to reopen where alien had been found not credible in the underlying proceedings B. holding that bia did not abuse its discretion by declining to consider an unauthenticated document submitted with a motion to reopen to show changed country conditions C. holding that the bia did not abuse its discretion in discrediting a purported village notice where the document was not authenticated and the alien had been found not credible by the ij D. holding that the ij did not abuse his discretion in denying request for further continuance where the ij granted previous request E. holding that the bia does not abuse its discretion by denying a motion to reconsider where the motion merely repeats arguments that the bia has previously rejected

assistant: The best answer is C. holding that the bia did not abuse its discretion in discrediting a purported village notice where the document was not authenticated and the alien had been found not credible by the ij
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 Borrower, Leasehold Pledgor, each Individual Owner, each Operating Lessee and each SPC Party is duly organized, validly existing and in good standing with full power and authority to own its assets and conduct its business, and is duly qualified and in good standing in all jurisdictions in which the ownership or lease of its property or the conduct of its business requires such qualification, and each of Borrower and Leasehold Pledgor has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the other Loan Documents by it, and has the power and authority to execute, deliver and perform under this Agreement, the other Loan Documents and all the transactions contemplated hereby. Each of Borrower, Leasehold Pledgor, each Individual Owner, Operating Lessee and each SPC Party is, and at all times since the date of its formation has been (but only to the extent that the applicable requirements set forth in Schedule V speak of a time prior to the Closing Date), a Special Purpose Bankruptcy Remote Entity. Borrower has provided Lender with true, correct and complete copies of Borrower’s, Leasehold Pledgor’s each Individual Owner’s, Operating Lessee’s and each SPC Party’s current (and since the date of its inception) organizational documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices, consents and other communications provided for herein shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. Communications and notices to the Guarantor shall be given to it at 3501 County Road 6 East, Elkhart, Indiana 46514, Attention: David Smith.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you hereby grant the company a worldwide , non-revocable , royalty-free , sub-licensable and transferable license to use your user submissions in any way at its sole discretion , including without limitation to reproduce , distribute , make derivatives of it and use it in order to promote the company 's business in any way , and without the need for any further compensation , approval or consent .

assistant: None