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: Neither the execution by the Administrative Agent or the Lenders of this Tenth Amendment, nor any other act or omission by the Administrative Agent or the Lenders or their officers in connection herewith, shall be deemed a waiver by the Administrative Agent or the Lenders of any Defaults or Events of Default which may exist, which may have occurred prior to the date of the effectiveness of Tenth Amendment or which may occur in the future under the Credit Agreement and/or the other Loan Documents. Similarly, nothing contained in this Tenth Amendment shall directly or indirectly in any way whatsoever either: (a) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Loan Documents with respect to any Default or Event of Default, (b) except as expressly provided herein, amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Fluid Property Rights, 50 Ariz. L. Rev.' 445, 456 (2008). During this time, our Territorial Supreme Court decided Trambley v. Luterman, 1891-NMSC-016, 6 N.M. 15, 27 P. 312, which is cited by Protestants and dismissed by Applicant as inapposite. We are persuaded by Trambley, in which the Supreme Court held that a prior non-consumptive use of an acequia to operate a grist mill was entitled to protection against a later upstream use that would diminish the flow of the stream. Id. ¶ 1. Trambley thus recognizes the common law priority of a non-consumptive beneficial use (powering a grist mill) in conjunction with other uses of a stream. This idea holds true in more modern times of statutory water codes. See City of San Antonio v. Tex. Water Comm‘n, 407 S.W.2d 752, 762 (Tex. 1966) (<HOLDING>); Richlands Irrigation Co. v. Westview Options: A. recognizing that water retained within a watershed is susceptible to multiple use because all water uses are not consumptive uses B. holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district C. recognizing that watershed isolation or acquisition serves to prevent and control water contamination D. recognizing the right to use water to generate power E. holding that article x 2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially

assistant: The best answer is A. recognizing that water retained within a watershed is susceptible to multiple use because all water uses are not consumptive uses
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: would violate the restrictive covenant, which can be enforced by both the IVGID and private property owners within the 1968 property. The restrictive covenant specifies that the beaches are to be “held, maintained and used by [IVGID] ... only for the purposes of recreation by, and for the benefit of,[the 1968 property] owners and their tenants .... ” Although there have been some de minimis exceptions, the beaches have been used almost exclusively by owners and tenants of the 1968 property. That only a limited set of property owners may access the beaches for limited, non-expressive purposes also weighs against finding the beaches to be a traditional public forum. See Int’l Soc’y for Krishna Consciousness, Inc. v. Lee, 505 U.S. 672, 682-83, 112 S.Ct. 2701, 120 L.Ed.2d 541 (1992) (<HOLDING>). With de minimis exceptions, the “actual use Options: A. holding that an airport terminal is not a public forum partly because port authority management considered the principal purpose of the terminals to be the facilitation of passenger air travel not the promotion of expression B. holding under texas version of the recognition act that public policy exception is not triggered simply because the body of foreign law upon which the judgment is based is different from the law of the forum or because the foreign law is more favorable to the judgment creditor than the law of the forum C. holding since the sidewalk is a nonpublic forum the regulation must be reasonable and not an effort to suppress expression merely because public officials oppose the speakers view D. holding a violation of the travel act E. holding no violation of the travel act

assistant: The best answer is A. holding that an airport terminal is not a public forum partly because port authority management considered the principal purpose of the terminals to be the facilitation of passenger air travel not the promotion of expression
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 other communication required or permitted pursuant to the terms hereof will have been duly given when delivered or mailed by United States Mail, first class, postage prepaid (or such local equivalent thereof), addressed to the intended recipient at his, her or its last known address.

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: & ORDER KAZEN, Chief Judge. Pending is Defendant’s Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6). (Docket No. 6). The motion is addressed to the Plaintiffs Original Complaint (Docket No. 1) but the First Amended Complaint (Docket No. 11) contains the same challenged allegation, so the Court presumes the Defendant’s motion is still viable. Plaintiff alleges that the defendant violated her rights under the Fair Labor Standards Act of 1938(FLSA), 29 U.S.C. § 201 et. seq., following a complaint regarding. overtime compensation. Plaintiff alleges that on September 28, 2001, defendant authored a memorandum which stated that individuals who worked hours in excess of a regular workweek withou 181 (8th Cir.1975) (<HOLDING>). It is axiomatic that a Rule 12(b)(6) motion Options: A. holding that an atwill employee may have a cause of action for wrongful discharge when the reason for a discharge was the employees exercise of a right conferred by a wellestablished legislative enactment B. holding that employees claim alleging discharge in violation of collective bargaining agreement precluded subsequent action under title vii for the same discharge C. holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist D. holding that speech must be at least a substantial or motivating factor in the discharge quotations omitted E. recognizing cause of action for wrongful discharge

assistant: The best answer is C. holding that where the immediate cause or motivating factor of a discharge is the employees assertion of statutory rights the discharge is discriminatory under section 215a3 whether or not grounds for other discharge exist
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, together with the Ancillary Agreements and agreements relating to equity awards between the Executive and Cimpress, contains and constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and cancels all previous oral and written negotiations, agreements, commitments and writings in connection therewith, including, without limitation, any such negotiations, agreements, commitments or writings relating to severance or other potential payments or benefits to Executive in the event of the termination of his employment with Cimpress. Nothing in this section shall modify, cancel or supersede the obligations of Executive set forth in Section 5 herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For a period of one (1) year following the Initial Closing Date (unless such Transferred Employee’s employment with the Buyer or any of its Affiliates is terminated prior thereto ) , each Transferred Employee shall be entitled to receive while in the employ of the Buyer or any of its Affiliates (i) base compensation and annual cash incentive bonus opportunity at least equal to such Transferred Employee’s base compensation and annual cash incentive bonus opportunity for the period immediately prior to the Initial Closing, and (ii) all other benefits (excluding equity-based compensation) that are substantially comparable in the aggregate to the other benefits (excluding equity-based compensation) provided to similarly situated employees of the Buyer and its Affiliates. The Buyer shall, or shall cause its Affiliates to, use commercially reasonable efforts to cause each Transferred Employee and their eligible spouses and dependents to be immediately eligible to participate, without any waiting time, in any and all corresponding retirement or other employee benefit plan, program or arrangement of the Buyer or any of its Affiliates (the “ Buyer Plans ”).

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 legal provision and list the applicable contract clause categories. Provision: The closing of the purchase and sale of the Note (the “ Closing ”) shall take place at the offices of Company Counsel or such other location as the parties shall mutually agree, or by transmission by facsimile and/or overnight courier, immediately following the execution hereof, or such later date or different location as the parties shall agree, but not prior to the date that the conditions set forth in Section 2.2 and 2.3 have been satisfied or waived by the appropriate party (the “ Closing Date ”). At the Closing: (A) the Purchaser shall deliver to the Escrow Agent, via wire transfer immediately available funds equal to the Purchaser’s Subscription Amount as set forth on the signature page hereto executed by the Purchaser; (B) the Company shall deliver to the Purchaser its Note pursuant to Section 2.1(a) ; and (C) the Company and the Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. If the Closing is not held on or before November 30, 2017, the Company shall cause the Escrow Agent to return all Subscription Amounts related to the Closing, without interest or deduction to the Purchaser.

assistant: Closings
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 Executive represents and warrants that (a) the Executive has been properly paid for all hours worked and has received all wages, bonuses, vacation pay, expense reimbursements and any other sums due from the Company (with the exception of the payments and benefits to be provided pursuant to Section 7(b) of the Employment Agreement); (b) the Executive has returned all Company property in the Executive’s possession or control and has permanently deleted any Confidential Information stored on any electronic device, web-based email or other storage location not owned by the Company but within the Executive’s possession or control; (c) the Executive has suffered no work-related injury or occupational disease during the course of the Executive’s employment with the Company that the Executive has not reported in writing to the Company; (d) the Executive is not aware of any activity by the Company or any other Released Party that the Executive believes to be unlawful or potentially unlawful; (e) the Executive has not filed any complaints, claims or actions against the Company or any other Released Party; and (f) the Executive has not assigned, transferred, conveyed or otherwise disposed of any Released Claims.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of lawyering — that is, the representation of the client in a legal capacity — should be excluded for public policy reasons. See Krawczyk v. Stingle, 208 Conn. 239, 246, 543 A.2d 733 (1988).” Jackson v. R. G. Whipple, Inc., 225 Conn. 705, 730-31, 627 A.2d 374 (1993) (Berdon, J., concuriing). Other jurisdictions have reached a similar result with respect to the medical profession. The Washington Court of Appeals has held that although the entrepreneurial or commercial aspects of the practice of medicine are covered as “trade or commerce” under that state’s consumer protection act, violations predicated on negligence or malpractice, whether legal or medical, are not covered because those claims address only competence. See Quimby v. Fine, 45 Wash. App. 175, 180, 724 P.2d 403 (1986) (<HOLDING>), rev. denied, 107 Wash. 2d 1032 (1987); see Options: A. holding when constitutional claims are premised on the notion that the united states has some contractual obligation to the plaintiff that it has failed to satisfy the claims are contractually based and must be heard in the court of federal claims B. holding that medical expenses were within meaning of ascertainable loss under that states consumer protection statute C. holding that claims that relate to actual competence of the medical practitioner are not recognized under states consumer protection act but claims implicating entrepreneurial aspects of practice of medicine may be sufficient D. holding that common questions predominated with respect to plaintiffs claims under state consumer protection laws because the merits of the claims did not overlap with the predominance inquiry E. holding that erisa preempts a plaintiffs claims for violation of the state insurance code and consumer protection act

assistant: The best answer is C. holding that claims that relate to actual competence of the medical practitioner are not recognized under states consumer protection act but claims implicating entrepreneurial aspects of practice of medicine may be sufficient
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the advice of an appropriate human resource adviser engaged by the Company to ascertain the scope of such indemnity, the Company shall fully indemnify the Executive for any losses incurred in his capacity as a director and/or officer of any of the Group Companies, if the Company’s director and officer liability insurance is inadequate to cover such losses; provided the Company shall not be responsible for any losses caused by or attributable to the Employee’s gross negligence or willful default.

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 legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans and the Letters of Credit will be used only for working capital purposes and general corporate purposes, including acquisitions, of the Borrower and its Subsidiaries. No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the Regulations of the Board, including Regulations T, U and X. The Borrower will not request any Borrowing or Letter of Credit, and the Borrower shall not use, and shall procure that its Subsidiaries and its or their respective directors, officers, employees and agents shall not use, the proceeds of any Borrowing or Letter of Credit (a) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (b) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (c) in any manner that would result in the violation of any Sanctions applicable to any party hereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event that this Agreement is terminated (x) by the Seller or the Company (i) pursuant to Section 9.1(c)(ii) , and if as of the date of termination (A) the condition set forth in Section 7.1(b) has not been satisfied, including but not limited to the waiting period applicable to the consummation of the transactions contemplated by this Agreement under the HSR Act is still pending as of such date of termination (or the condition set forth in Section 7.1(a) has not been satisfied as the result of a Prohibitive Order issued to enforce any antitrust or competition law of the United States of America) and (B) all other conditions to closing have been, or are readily capable of being, satisfied, or (ii) pursuant to Section 9.1(b) as the result of a Prohibitive Order issued to enforce any antitrust or competition law of the United States of America that has become final and nonappealable, or (y) by the Purchaser pursuant to Section 9.1(d)(ii) , then the Purchaser shall promptly, but in no event later than two days after the date of such termination, pay the Seller an expense reimbursement in the agreed amount of $4,000,000 (the “ Payment ”) in cash by wire transfer of immediately available funds to an account to be indicated by the Seller. Notwithstanding anything to the contrary in this Agreement, the parties agree that if this Agreement is terminated under circumstances in which Purchaser is obligated to pay the Payment under this Section 9.3 and the Payment is actually paid in full, the payment of the Payment shall be the sole and exclusive remedy available to the Seller with respect to this Agreement and the transactions contemplated herein, and, upon payment of the Payment pursuant to this Section 9.3 , the Purchaser and its Affiliates and their respective directors, officers, employees, shareholders and other representatives shall have no further liability with respect to this Agreement or the transactions contemplated herein to the Seller or any of their respective Affiliates or representatives. Each of the parties hereto acknowledges that the Payment is not intended to be a penalty, but rather is liquidated damages in a reasonable amount that will compensate the Seller in the circumstances in which such Payment is due and payable for the efforts and resources expended and opportunities foregone while negotiating this Agreement and in reliance on this Agreement and on the expectation of the consummation of the transactions contemplated hereby, which amount would otherwise be impossible to calculate with precision. In no event shall Purchaser be entitled to payment of the Payment on more than one occasion.

assistant: Payments
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: this notice shall be sent to : tinder , attn : cancellations , p.o. box 25472 , dallas , texas 75225 , usa ( in addition , ohio users may send a facsimile to 214-853-4309 ) .

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 governing law and related provisions set forth in Section 17.2 of the Loan Agreement (including, without limitation, any authorized agent provisions thereof) are hereby incorporated by reference as if fully set forth herein (with Guarantor substituted in all places where Borrower appears thereunder) and shall be deemed fully applicable to Guarantor hereunder. Guarantor hereby certifies that it has received and reviewed the Loan Agreement (including, without limitation, Section 17.2 thereof). In the event of any conflict or inconsistency between the terms and conditions hereof and this Section 8, this Section 8 shall control.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Period, Executive will be entitled to four weeks of paid vacation per calendar year, subject to and in accordance with the Company’s vacation policies. In accordance with Company policy, vacation days cannot be accrued and any vacation days not used in any calendar year will be forfeited.

assistant: Vacations
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: 339 U.S. 844 70 S.Ct. 954 94 L.Ed. 1326 ROBERTSv.UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA et al. No. 2, Misc. Argued March 31, 1950. Decided June 5, 1950. Mr. Max Radin, for petitioner. No appearance for respondent. PER CURIAM. 1 Petitioner, who is confined in a California state prison, sought to file a petition in forma pauperis for a writ of injunction in the District Court below. That court denied leave to proceed in forma pauperis, holding that petitioner was not entitled to the benefits of 28 U.S.C. § 1915, 28 U.S.C.A. § 1915, because he was no longer a 'citizen' as required by that section. The District Court reached that decision in reliance on California Penal Code, § 2600, which provides that one sentenced to imprisonment for a term of years is deprived of his civil rights for the period of imprisonment. The decision of the District Court is in error. Citizenship for the purpose of in forma pauperis proceedings in the federal courts is solely a matter of federal law. Congress has not specified criminal convictions, except for desertion and treason, as grounds for loss of citizenship. 8 U.S.C. § 801, 8 U.S.C.A. § 801. 2 Petitioner thereafter filed a motion in the Court of Appeals for the Ninth Circuit for allowance of an appeal from the order of the District Court. The denial by a District Judge of a motion to proceed in forma pauperis is an appealable order. 28 U.S.C. § 1291, 28 U.S.C.A. § 1291; see Cohen v. Beneficial Industrial Loan Corp., 1949, 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528. The Court of Appeals, however, held that it had 'no power to grant an application for allowance of an appeal,' and dismissed the petition. 3 Finally, petitioner filed in this Court a motion for leave to file a petition for a writ of mandamus to the District Court. Mandamus is an extraordinary remedy, available only in rare cases. Ex parte Collett, 1949, 337 U.S. 55, 72, 69 S.Ct. 944, 953, 93 L.Ed. 1207, 10 A.L.R.2d 921, and cases there cited. Because of the ambiguous state of this record, and the fact that a denial of this motion will not prejudice petitioner in further attempts to proceed in forma pauperis, the motion must be denied. It is so ordered. 4 Motion denied. 5 Mr. Justice FRANKFURTER took no part in the consideration or decision of this case.

assistant: 2
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: Tucker Act.”); see also Roth v. United States, 378 F.3d 1371, 1384 (Fed.Cir.2004) (“Because the Tucker Act itself does not provide a substantive cause of action, ... a plaintiff must find elsewhere a money-mandating source upon which to base a suit.”). The United States Court of Federal Claims has “jurisdiction to render judgment upon any claim by or against, or dispute with, a contractor arising under ... the Contract Disputes Act of 1978, including a dispute concerning ... rights in tangible or intangible property, compliance with cost accounting standards, and other nonmonetary disputes on which a decision of the contracting officer has been issued under section 6 of that Act.” 28 U.S.C. § 1491(a)(2); see Alliant Techsystems, Inc. v. United States, 178 F.3d 1260, 1270 (Fed.Cir.1999) (<HOLDING>). Section 6 of the Contract Disputes Act Options: A. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute B. holding that the tucker act grants the united states court of federal claims jurisdiction to grant nonmonetary relief in connection with contractor claims including claims requesting an interpretation of contract terms C. holding that the united states court of federal claims lacks jurisdiction over claims sounding in tort including fraud D. holding that the claims court has no jurisdiction under the tucker act over claims to social security benefits E. recognizing that this amendment provided the united states court of federal claims with jurisdiction over a nonmonetary substitute for monetary relief

assistant: The best answer is B. holding that the tucker act grants the united states court of federal claims jurisdiction to grant nonmonetary relief in connection with contractor claims including claims requesting an interpretation of contract 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 legal provision and list the applicable contract clause categories. Provision: Notices and all other communications contemplated by this Agreement shall be in writing and shall be deemed to have been duly given when personally delivered or one day following mailing via Federal Express or similar overnight courier service. In the case of Executive, mailed notices shall be addressed to Executive at Executive’s home address that the Company has on file for Executive. In the case of the Company, mailed notices shall be addressed to its corporate headquarters, and all notices shall be directed to the attention of its General Counsel.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to begin serving their sentences. The district court’s judgment granting petitioners’ § 2255 motions and setting aside their convictions and sentences is REVERSED. 1 . The petitioners contend that we lack jurisdiction because the government's notice of appeal was filed on the sixtieth day after entry of the order being appealed. That contention assumes that this appeal is governed by Fed. R.App.P. 4(b)(1)(B), which requires that any notice of appeal by the government be filed within 30 days after judgment in a criminal case. Instead, appeals in § 2255 proceedings are treated as civil in nature and are governed by Fed.R.App.P. 4(a)(1)(B), which allows 60 days for filing the notice of appeal where the government is a party. See United States v. Brown, 117 F.3d 471, 474 (11th Cir.1997) (<HOLDING>); United States v. Phillips, 225 F.3d 1198, Options: A. holding that notice of appeal was not effectively taken where appeal was filed simultaneously with timely motion for reconsideration because when timely motion for reconsideration is filed a notice of appeal filed prior to disposition of the motion to reconsider has no effect B. holding that the appeal was timely filed because federal rule of appellate procedure 4a provides inmates with sixty days to appeal the denial of a 2255 motion C. holding timely notice of appeal under fed rapp p 4a is jurisdictional D. holding that the plaintiffs motion for extension of time to file appeal qualified as a notice of appeal because it met the requirements of rule 4 of the federal rules of appellate procedure E. holding that on appeal from the denial of a 2255 motion appellate review is limited to the issues specified in the coa

assistant: The best answer is B. holding that the appeal was timely filed because federal rule of appellate procedure 4a provides inmates with sixty days to appeal the denial of a 2255 motion
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 Company will (A) notify Aron of any other modifications of or additions to the information contained in Schedule 1 (including any acquisition or holding of an interest in any Chattel Paper, Commercial Tort Claims and Letter-of-Credit Rights constituting Collateral); (B) notify Aron of any material claim made or asserted against the Collateral by any Person and of any change in the composition of the Collateral or other event which could materially adversely affect the value of the Collateral or Aron’s Lien thereon; (C) furnish to Aron such listings, descriptions and schedules with respect to Inventory, and such other reports and other information in connection with the Collateral, as Aron may reasonably request, all in reasonable detail; and (D) upon the reasonable request of Aron make such demands and requests for information and reports as the Company is entitled to make in respect of the Collateral.

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: was arrested just outside the door of the residence). The location of the arrest outside the home is relevant in determining whether officers had the requisite “reasonable articulable suspicion” of a threat to their safety. Colbert, 76 F.3d at 776-77; see Henry, 48 F.3d at 1284 (recognizing that the location of the arrest outside the dwelling is relevant to the issue of whether the officers could reasonably fear an attack by someone inside). We are not persuaded that the protective sweep in this case was reasonable because the State failed to show that the agents had sufficient articulable facts to reasonably conclude that other people might be hiding who posed a threat to the agents or others at the arrest scene. See United States v. Carter, 360 F.3d 1235, 1242 (10th Cir. 2004) (<HOLDING>); Colbert, 16 F.3d at 778 (holding that an Options: A. holding that the protective sweep incident to the defendants arrest in front of his house on suspicion of murder was not justified because the evidence that an accomplice was involved in the murder did not equate to evidence that someone would be hiding out in the defendants house a month after the crime occurred and at the time of the arrest the officers were not chasing the defendant from a crime scene B. holding that protective sweep was justified incident to arrest outside residence where officers had reasonable suspicion that dangerous individuals were in apartment C. holding that officers were not justified in conducting a protective sweep of the suspects garage and backyard incident to his arrest for possession of marijuana in the back yard because the government pointed to no specific articulable facts suggesting that someone else was on the premises who posed a danger to the officers D. holding that officers were not justified in conducting a protective sweep incident to the defendants arrest despite the defendants alleged involvement with narcotics and possession of weapons because the defendant did not resist and there was no noise or other evidence suggesting anyone else was present in the house E. holding that the officers were justified in conducting a protective sweep incident to the defendants arrest on outstanding warrants because the officers had information that the defendant was suspected of running a methamphetamine operation on the premises other people were living there and assisting the defendant and at the time the sweep began the defendant had not yet been located

assistant: The best answer is C. holding that officers were not justified in conducting a protective sweep of the suspects garage and backyard incident to his arrest for possession of marijuana in the back yard because the government pointed to no specific articulable facts suggesting that someone else was on the premises who posed a danger to the officers
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 Borrower shall pay such fees to the Administrative Agent, for its own account and for the benefit of the Lenders providing such additional Revolving Commitments or participating in such tranche of Incremental Term Loans, as the case may be, as determined at the time of such increase or funding of such tranche of Incremental Term Loans and agreed to by the Borrower in writing.

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 case excerpt and choose the best holding from the options. Case excerpt: to a child. Similarly, the jury’s acquittal on the manslaughter charge has no bearing on the second prosecution for injury to a child. Manslaughter is not the same as injury to a child for the same reasons that criminally negligent homicide is not the same as injury to a child. Application of the Blockburger principles to the charge of capital murder leads us to a slightly different result. Capital murder does include an element not required to prove injury to a child, namely the death of the victim. Therefore, capital murder is not subsumed within the offense of injury to a child. Cf. Wright v. State, 866 S.W.2d 747, 750 (Tex. App.-Eastland 1993, pet. refd) (citing United States v. Webb, 796 F.2d 60 (5th Cir.1986), cert. denied, 479 U.S. 1038, 107 S.Ct. 894, 93 L.Ed.2d 846 (1987)) (<HOLDING>). The opposite is true also: injury to a child Options: A. holding noncapital murder and injury to a child not same offenses for doublejeopardy purposes noting murder requires proof of death while injury to a child does not B. holding that where both firstdegree and felony murder were possible bases for a murder conviction a jury instruction that suggested the jury could rely on felony murder as the predicate offense for a conviction for conspiracy to commit murder was improper because under arizona law a conviction for conspiracy to commit firstdegree murder requires a specific intent to kill C. holding an unborn child is a child for purposes of prosecuting chemical endangerment of a child D. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child E. holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute

assistant: The best answer is A. holding noncapital murder and injury to a child not same offenses for doublejeopardy purposes noting murder requires proof of death while injury to a child does not
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: district court for leave to amend her complaint, which the district court denied “as moot” on June 5, 1997. Smith filed timely appeals from these orders, which we have consolidated. III. DISCUSSION A. SHERMAN ACT CLAIM Count I of Smith’s complaint alleges that the NCAA, in promulgating and enforcing the Postbaccalaureate Bylaw, violated section 1 of the Sherman Act because the bylaw unreasonably restrains trade and has an adverse anticompetitive effect. As we have indicated, the district court dismissed this claim for failure to state a claim upon which relief could be granted, holding that “the actions of the NCAA in refusing to waive the Postbaecalaureate Bylaw and allow the Plaintiff to participate in intercollegiate athletics is not the type of action 111, 1115-18 (E.D.Pa.1979) (<HOLDING>). The question which we now face is different; Options: A. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit B. holding that an antitrust injury is a necessary element of a 2 claim C. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing D. holding that an employee of an alleged antitrust violator was injured in his business or property E. holding that an activity which is exempt from the antitrust laws cannot form the basis of an antitrust investigation

assistant: The best answer is D. holding that an employee of an alleged antitrust violator was injured in his business or property
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 contains the entire agreement of the parties hereto relating to the subject matter hereof and supersedes all prior agreements and understandings between the parties with respect to the subject matter hereof, and there are no written or oral terms or representations made by either party other than those made herein. No amendment or modification of this Agreement shall be valid or binding unless made in writing and duly executed by the party against whom enforcement of any such amendment or modification is sought and making specific references to this Agreement. This Agreement and the rights and obligations of the parties hereunder shall be governed by the laws of the State of California, without regard to its conflicts of laws principles. This Agreement may be executed in any number of counterparts (including by facsimile or other electronic transmission), each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Plan shall bind and inure to the benefit of the Participant's Employer (Hovnanian Enterprises, Inc. in respect of Independent Director Participants) and its successors and assigns and the Participant and the Participant's designated Beneficiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by each of the Company and the Seller of this Agreement and each of the other Transaction Documents to which it is a party and the consummation by the Company and the Seller of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the OP Units) do not and will not (1) conflict with or violate any provisions of the Partnership Agreement, the Amended and Restated Declaration of Trust of the Company (the “ Charter ”) or the Amended and Restated Bylaws of the Company or otherwise result in a violation of the organizational documents of the Company or the Seller, (2) conflict with, or constitute a default (or an event that with notice or lapse of time or both would result in a default) under, result in the creation of any Lien upon any of the properties or assets of the Company or the Seller or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any Material Contract of the Company, or (3) subject to the Required Approvals, conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company or the Seller is subject (including federal and state securities laws, assuming the correctness of the representations and warranties made by the Buyer herein), or by which any property or asset of the Company or the Seller is bound or affected, except in the case of clauses (2) and (3) such as would not, individually or in the aggregate, have, or would reasonably be expected to result in, a Company Material Adverse Effect.

assistant: No Conflicts
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: During the Consulting Period, the Consultant and the Company agree that the Indemnification Agreement executed by Consultant on June 29, 2005 shall apply to the Services provided under this Agreement as if she were an officer, director, employee or agent of the Company.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 389 U.S. 20 88 S.Ct. 3 19 L.Ed.2d 20 Kenneth WOODv.UNITED STATES. No. 27, Misc. Oct. 16, 1967. Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack, for the United States. PER CURIAM. 1 Petitioner was found guilty by the United States District Court for the Northern District of Georgia of refusing to report for civilian employment, in violation of § 12 of the Universal Military Training and Service Act, 62 Stat. 622, 50 U.S.C. App. § 462. Before trial he filed an affidavit with the court requesting assigned counsel pursuant to the Criminal Justice Act, 18 U.S.C. § 3006A. The court considered the affidavit, questioned petitioner and disapproved the request. The Court of Appeals for the Fifth Circuit granted leave to appeal in forma pauperis, assigned counsel to assist petitioner in his appeal and affirmed the conviction. Petitioner seeks a writ of certiorari. 2 Before this Court the Solicitor General has conceded that the record does not convincingly show that there was adequate inquiry into the question of petitioner's financial ability to retain counsel, in that 'the trial court should have explored the possibility that petitioner could afford only partial payment for the services of trial counsel and that counsel be appointed on that basis, as the Criminal Justice Act permits (see 18 U.S.C. § 3006(A)(c) and (f)).' The Solicitor General urges, however, that there is no basis for believing that petitioner suffered prejudice from the District Court's error, an argument we find unpersuasive. 3 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted, the judgment is vacated and the case is remanded to the Court of Appeals for the Fifth Circuit for reconsideration in light of the Solicitor General's Memorandum and the relevant criteria of the Criminal Justice Act. 4 Judgment vacated and case remanded. 5 Mr. Justice BLACK dissents. 6 Mr. Justice MARSHALL took no part in the consideration or decision of this case.

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 legal provision and list the applicable contract clause categories. Provision: The Parties acknowledge and agree that the Confidentiality Agreement shall terminate at the Closing. From and after the Closing, the Company shall, and shall cause its Affiliates to, hold, and shall use its reasonable best efforts to cause its or their respective representatives to hold, in confidence any and all information, whether written or oral, related to the Project and the Transaction Documents, except to the extent that the Company can show that such information (a) is generally available to and known by the public through no fault of the Company, any of its Affiliates or their respective representatives; or (b) is lawfully acquired by the Company, any of its Affiliates or their respective representatives from and after the Closing from sources which are not prohibited from disclosing such information by a legal, contractual or fiduciary obligation. If the Company or any of its Affiliates or their respective representatives are compelled to disclose any such information by judicial or administrative process or by other requirements of Law, the Company shall promptly notify Purchaser in writing and shall disclose only that portion of such information which the Company is advised by its counsel in writing is legally required to be disclosed; provided, that the Company shall use reasonable best efforts to obtain an appropriate protective order or other reasonable assurance that confidential treatment will be accorded such information.

assistant: Confidentiality