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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: "suspended” rather than terminated when she remarried, and that if her second marriage were to end through divorce, annulment or the death of her second husband, then she would again receive pension benefits. Based upon this theory, she then argues that "[l]ogic compels the same result when the forfeiture provision was removed by the 1977 amendment,” as "[h]er right was only in suspension until her second marriage either ended or legislation changed the legislature’s intent.” However, as DRS aptly points out, Olesen’s theory that her benefits were merely suspended requires leaps of both logic and legal analysis. Not only is her theory grounded upon the law of other states, as Washington courts have not decided s hts Comm’n Hearing Tribunal, 39 Wn. App. 609, 617, 694 P.2d 697 (1985) (<HOLDING>). 13 Orland, supra, at 880 n.135. 14 48 Wn.2d Options: A. holding that a statute that created a counselorclient privilege should not be retroactively applied to records created prior to the statute because of the presumption against retroactivity B. holding amendment to statute of limitations was a procedural amendment to be applied retroactively in a medical malpractice case C. holding that a new rule for the conduct of criminal prosecutions is to be applied retroactively to all cases pending on direct review with no exception for cases in which the new rule constitutes a clear break with the past D. holding amendment to statute permitting administrative body to award up to 1000 in damages in discrimination cases applied retroactively because it created a supplemental remedy for enforcement of a preexisting right E. holding generally that new rules of law should not be applied retroactively in habeas corpus cases

assistant: The best answer is D. holding amendment to statute permitting administrative body to award up to 1000 in damages in discrimination cases applied retroactively because it created a supplemental remedy for enforcement of a preexisting right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower shall keep accurate and complete records of its Inventory, including costs and daily withdrawals and additions. Each Borrower shall conduct a physical inventory at least once per calendar year (and on a more frequent basis if requested by Agent when an Event of Default is continuing) and periodic cycle counts consistent with historical practices, and shall provide to Agent a report based on each such inventory and count promptly upon completion thereof, together with such supporting information as Agent may request.

assistant: Records
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: occur in the transfer to the Eastern District of Louisiana. Almost a year and a half has passed since Plaintiffs injury; the further delay caused in the resolution of this matter would work a great hardship on Plaintiff unnecessarily. Although Defendant bears the burden of demonstrating that transfer is proper, it has failed to establish any valid basis for such an outcome. See Dupre, 810 F.Supp. at 828 (a prompt trial “is not without relevance to the convenience of parties and witnesses and the interest of justice”); Sanders v. State Street Bank, 813 F.Supp. 529, 536 (S.D.Tex.1993) (Kent, J.). III. CONCLUSION For the above reasons, the Court finds Defendant’s argument for a transfer of venue based on its forum selection clause unpersuasive. See Time, 366 F.2d at 698 (5th Cir.1966) (<HOLDING>). In the Court’s view, the existence of a forum Options: A. holding that the moving party for summary judgment bears the initial burden of demonstrating the absence of a genuine issue of material fact for trial B. holding that the defendant bears the burden of proving outside contact with the jury C. holding that the defendant bears the burden of demonstrating that the action should be transferred D. holding that an appellant bears the burden of demonstrating error on appeal E. holding that the defendant bears the burden under plainerror review

assistant: The best answer is C. holding that the defendant bears the burden of demonstrating that the action should be transferred
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: scene showed that Cantu had staged the evidence. And undisputed physical evidence contradicted portions of Cantu’s theory that the shooting was accidental. Cantu stated and demonstrated on the video that he was pulling the gun away from Jackie’s head when it discharged, but the evidence showed the gun was fired with the muzzle of the gun placed against Jackie’s forehead. Dr. Pustilnik also explained how other pieces of physical evidence did not support the defensive theory that the gun accidentally discharged during a struggle. From the evidence presented, the jury could have rationally concluded beyond a reasonable doubt that there was no struggle for the gun and that Cantu intentionally or knowingly caused Jackie’s death. See Howard v. State, 484 S.W.2d 927, 928 (Tex.Crim.App.1972) (<HOLDING>); see also Aldridge v. State, No. Options: A. holding evidence sufficient to support jurys verdict when physical evidence including evidence gun was fired from a distance greater than appellant told police was inconsistent with accidental discharge during a struggle B. holding that a motion denying summary judgment will not be reviewed on appeal from a jury verdict where sufficient evidence supports the jurys verdict C. holding that admission of hearsay constituted harmless error when there was more than sufficient other evidence in the record to support the verdict D. holding evidence sufficient to support murder conviction where appellants defensive theories of intentional or accidental selfinflicted wound occurring during struggle contradicted by physical evidence theory E. holding that some evidence was presented to support the jurys verdict that defendant breached contract and therefore trial court did not err in denying defendants motion for directed verdict or jnov

assistant: The best answer is A. holding evidence sufficient to support jurys verdict when physical evidence including evidence gun was fired from a distance greater than appellant told police was inconsistent with accidental discharge during a struggle
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: ambiguities in the Act in favor of the Tribe, the Court finds that the language of the Act does not show that Congress consented to taxation of the Indian reservations.... Congress must be explicit if it intends to grant states the power to tax within Indian country, and ... the Court finds Hayden-Cartwright does not provide for an explicit grant of Congressional authority for state taxation of motor fuel delivered to Indian reservations[.]”); Pourier v. South Dakota Dep’t of Revenue, 658 N.W.2d 395, 399 (S.D.2003), cert. denied, - U.S. -, 124 S.Ct. 2400, 158 L.Ed.2d 965 (2004) (“The language of the statute does not make Congress’ intention to allow such taxation ‘unmistakably clear.’ ”), vacated, in part, on other grounds by 674 N.W.2d 314; Goodman Oil, 28 P.3d at 1001-02 (<HOLDING>), cert. denied, 534 U.S. 1129, 122 S.Ct. 1068, Options: A. holding that state of south dakota does not have criminal jurisdiction over indians in indian country B. holding that the haydencartwright act does not apply to indian reservations and that the states tax was therefore unconstitutional as applied to indians C. holding that indian tribes could only exercise criminal jurisdiction over tribal members and not other indians D. recognizing the inherent power of indian tribes to exercise criminal jurisdiction over all indians E. holding that the kansas act unambiguously confers jurisdiction on kansas to prosecute all offenses major and minor committed by or against indians on indian reservations in accordance with state law

assistant: The best answer is B. holding that the haydencartwright act does not apply to indian reservations and that the states tax was therefore unconstitutional as applied to indians
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: clause at issue in this case is enforceable. Assuming without deciding that the “Other Insurance” clause in the Farmers policy is enforceable in Virginia, the Court finds that the self-insurance in this case is not “collectible insurance” as that term is contemplated by the “Other Insurance” clause. While the question of whether self-insurance is included in the definition of “collectible insurance” in the context of “Other Insurance” clauses has not been decided in Virginia, numerous other courts throughout the country have concluded that self-insurance is not included in the definition of “collectible insurance.” See, e.g., Wake County Hosp. Sys., Inc. v. National Cas. Co., 804 F. Supp. 768, 777 (E.D. N.C. 1992), aff'd, No. 92-2586, 1993 U.S. App. LEXIS 15159 (4th Cir. June 22, 1993) (<HOLDING>); Mutual Auto. Ins. Co. v. Universal Atlas Options: A. holding that the certificate of selfinsurance filed with the commissioner is the functional equivalent of an insurance policy for purposes of minnesotas nofault statutes minnstat 65b49 subd 31 2002 B. holding that selfinsurance does not constitute other valid and collectible insurance C. recognizing that a mistake of fact may constitute a valid defense D. holding damages do not constitute other equitable relief E. holding that probation does not constitute a sentence

assistant: The best answer is B. holding that selfinsurance does not constitute other valid and collectible insurance
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: Failure of any party to insist, in one or more instances, on performance by the other in strict accordance with the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any right granted in this Agreement or of the future performance of any such term or condition or of any other term or condition of this Agreement, unless such waiver is contained in a writing signed by the party making the waiver.

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: to adjudicate the constitutional and statutory claims in Dr. Klingensehmitt’s complaint that seek to challenge Navy policies such as SECNAVINST 1730.7C or other policies that are not directly related to Klingenschmitt’s wrongful discharge claim. Because it is not necessary to address Dr, Klingensehmitt’s constitutional and statutory objections to such policies in order to adjudicate his claim for money damages for wrongful discharge, the Tucker Act does not supply a basis for this Court’s jurisdiction over those claims. See Volk v. United States, 111 Fed.Cl. 313, 326 (2013) (observing that there is no Tucker Act jurisdiction over standalone constitutional claims in Military Pay Act case). Cf. Filipiczyk v. United States, 88 Fed.Cl. 776, 784 (2009) (citing Holley, 124 F.3d at 1466) (<HOLDING>). In addition to his arguments under the First Options: A. holding that the claims court has no jurisdiction under the tucker act over claims to social security benefits B. holding in a breach of contract action brought by a government contract surety under the tucker act that the tucker act contains an unequivocal expression waiving sovereign immunity as to claims not particular claimants C. holding that the tucker act does not provide independent jurisdiction over claims for injunctive relief in contractual dispute cases D. holding that a breach of settlement claim should have been brought in the court of federal claims pursuant to the tucker act E. holding that there is no tucker act jurisdiction where claims under nonmoney mandating sources of law constitute independent causes of action and not factors in claims brought under the arguably moneymandating per diem statute and regulation

assistant: The best answer is E. holding that there is no tucker act jurisdiction where claims under nonmoney mandating sources of law constitute independent causes of action and not factors in claims brought under the arguably moneymandating per diem statute and regulation
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 terms and conditions set forth in this Agreement, the Company hereby offers, and the Employee hereby accepts, continuing employment on an at-will basis. Subject to earlier termination as hereinafter provided, the Employee’s employment shall continue until terminated pursuant to Section 5 hereof (the “ Term ”).

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: his reasons for not wishing to testify on the other — to satisfy the court that the claim of prejudice is genuine and to enable it intelligently to weigh the considerations of “economy and expedition in judicial administration” against the defendant’s interest in having a free choice with respect to testifying. Baker, 401 F.2d at 977. ¶ 36. Defendant failed to make such a showing here. In its pretrial decision, the trial court found that defendant presented no specific evidence that its refusal to sever the counts would necessarily chill defendant’s right to remain silent or take the stand. As the court explained, defendant was presumed innocent and he had the right, regardless of the court’s decision, to decide whether to testify at trial. See Johnson, 158 Vt. at 350, 612 A.2d at 1117 (<HOLDING>). ¶ 37. By failing to renew his motion to sever Options: A. recognizing that trial court has considerable discretion in deciding whether severance is necessary when counts are joined as part of a common plan or scheme B. holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts C. holding that severance was not required when a defendant was charged with five counts of forcible rape two counts of felonious restraint three counts of kidnapping two counts of armed criminal action two counts of forcible sodomy one count of second degree assault one count of first degree robbery and one count of stealing D. holding that the trial court was within its discretion to exclude because the record showed considerable confusion on the part of the juror E. holding abuse of discretion review is appropriate when erisa plan grants discretion to the plan administrator

assistant: The best answer is A. recognizing that trial court has considerable discretion in deciding whether severance is necessary when counts are joined as part of a common plan or scheme
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: Notwithstanding Section 3.4 , the Managing Members and officers shall not be liable, responsible or accountable for damages or otherwise to the Company, or to the Members, and, to the fullest extent allowed by law, each Managing Member and each officer shall be indemnified and held harmless by the Company, including advancement of reasonable attorneys’ fees and other expenses from and against all claims, liabilities, and expenses arising out of any management of Company affairs; provided that (A) such Managing Member’s or officer’s course of conduct was pursued in good faith and believed by him to be in the best interests of the Company and was reasonably believed by him to be within the scope of authority conferred on such Managing Member or officer pursuant to this Agreement and (B) such course of conduct did not constitute gross negligence, willful misconduct or fraud on the part of such Managing Member or officer and otherwise was in accordance with the terms of this Agreement. The rights of indemnification provided in this Section 3.5 are intended to provide indemnification of the Managing Members and the officers to the fullest extent permitted by the GCL regarding a company’s indemnification of its Managing Members and officers and will be in addition to any rights to which the Managing Members or officers may otherwise be entitled by contract or as a matter of law and shall extend to his heirs, personal representatives and assigns. The absence of any express provision for indemnification herein shall not limit any right of indemnification existing independently of this Section 3.5 . Each Managing Member’s and each officer’s right to indemnification pursuant to this Section 3.5 may be conditioned upon the delivery by such Managing Members or such officer of a written undertaking to repay such amount if such individual is determined pursuant to this Section 3.5 or adjudicated to be ineligible for indemnification, which undertaking shall be an unlimited general obligation.

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: concerning solid waste collection and disposal services at Fairchild AFB initially that was set aside under the HUBZone Small Business Program. See AR 1, 150-77; see also 15 U.S.C. § 657a. Because the Air Force cancelled Solicitation No. F45613-02-Q-A027 and later Solicitation No. F45613-03-Q-A028, and instead issued Sole-Source Solicitation No. F45613-03-Q-A068, to avoid awarding the contract under the HUBZone program, Blue Dot had a “connection” to the procurement, but also lost the economic opportunity of being awarded the contract with a value of approximately $[ ]. Therefore, Blue Dot has established a significant economic interest in Sole-Source Solicitation No. F45613-03-Q-A068 and Contract No. FA4620-04-D-A003 to qualify as an “interested party.” See Impresa, 238 F.3d at 1334 (<HOLDING>); MCI Telecommunications Corp. v. United Options: A. holding that unsuccessful bidder is awarded its bid preparation costs because the government violated its implied contract to have the involved bids fairly and honestly considered B. holding that person who is not party to contract does not have standing to challenge contract C. holding that if the government is obligated to rebid the contract and the unsuccessful bidder could compete for the contract once again and therefore has an economic interest and standing to challenge the award D. holding that the losing bidder has standing to challenge the award of a government procurement contract E. holding that city had implied contract with bidder to treat bidder fairly

assistant: The best answer is C. holding that if the government is obligated to rebid the contract and the unsuccessful bidder could compete for the contract once again and therefore has an economic interest and standing to challenge the award
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments hereunder will be made net of any amount necessary to satisfy applicable tax withholding requirements, as well as any amounts then owed by Executive to the Company or any of their Affiliates. Notwithstanding any other provision of this Agreement, payments hereunder will be subject to Section 3.I and 3.J of the Employment Agreement.

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 Lender, upon execution and delivery of the Agreement or upon executing and delivering an Assignment Agreement, as the case may be, represents and warrants as of the Closing Date or as of the applicable Effective Date (as defined in the applicable Assignment Agreement) that (i) it is an Eligible Assignee; (ii) it has experience and expertise in the making of or investing in commitments or loans such as the applicable Commitments or Loans, as the case may be; and (iii) it will make or invest in, as the case may be, its Commitments or Loans for its own account in the ordinary course of its business and without a view to distribution of such Commitments or Loans within the meaning of the Securities Act or the Exchange Act or other federal securities laws (it being understood that, subject to the provisions of this Section 9.5 , the disposition of such Commitments or Loans or any interests therein shall at all times remain within its exclusive control).

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 legal provision and list the applicable contract clause categories. Provision: This Agreement and the RSUs granted hereunder are granted by the Company pursuant to the Plan and are in all respects subject to the terms and conditions of the Plan except as otherwise expressly provided in this Agreement. The Participant hereby acknowledges that a copy of the Plan has been delivered to the Participant and accepts the RSUs hereunder subject to all terms and provisions of the Plan, which are incorporated herein by reference , except as otherwise expressly provided in this Agreement. In the event of a conflict or ambiguity between any express provision set forth herein and a term or provision of the Plan, this Agreement will govern and prevail. The construction of and decisions under the Plan and this Agreement are vested in the Committee, whose determinations shall be final, conclusive and binding upon the Participant , subject however to de novo review in arbitration with respect to matters expressly set forth in this Agreement.

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: All corporate action on the part of the Company, its officers, directors and stockholders necessary for the authorization, execution and delivery of this Agreement and the performance of all obligations of the Company hereunder, including the sale and delivery of the Shares has been taken or will be taken prior to the Closing. This Agreement constitutes valid and legally binding obligations of the Company, enforceable against the Company in accordance with its terms, except (a) as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally and (b) as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies.

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 legal provision and list the applicable contract clause categories. Provision: This Subscription Agreement and the Company’s Operating Agreement shall be binding upon and inure to the benefit of the Company and its successors and shall not be assignable by it without the prior written consent of the Subscriber. This Subscription Agreement and the Company’s Operating Agreement, upon acceptance by the Company shall, where applicable, be binding upon the Subscriber and the Subscriber’s successors and assigns.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in order to use the spotify support community , you must ( 1 ) have an existing spotify account ; and ( 2 ) authenticate your spotify account for use on the support community ( a `` spotify support account '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that are objectively justifiable, moreover, regardless of an officer’s subjective intent. See Whren v. United States, 517 U.S. 806, 812, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). The impoundment/inventory decision in the case at bar was objectively justifiable, and the trial court’s application of the inevitable discovery doctrine was entirely proper. B. Exclusion of Expert Testimony— General vs. Specific Intent. The district court’s decision not to receive the testimony of medical experts who would have suggested that the defendant lacked control over his actions stemmed in part from the court’s view that the crime defined in 18 U.S.C. § 111(a)(1) is a general intent crime as to which diminished capacity is not a defense. See United States v. Gonyea, 140 F.3d 649, 651 (6th Cir.1998) (<HOLDING>). Mr. Kimes contends that evidence of his Options: A. holding that diminished capacity is a defense only to specific intent crimes B. holding that the prosecutor does not have general discovery rights because michigan law requires a defendant to disclose only a defense of insanity or diminished capacity citing mcl 76820a C. holding intoxication is only a defense to specific intent crimes and not general intent crimes D. holding that defense counsel was not constitutionally ineffective for presenting a diminished capacity defense as opposed to a defense of legal insanity E. holding that the government may not be permitted to introduce other crimes evidence in its case in chief to prove intent unless the defense disputes intent during opening statements

assistant: The best answer is A. holding that diminished capacity is a defense only to specific intent crimes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [of a contract] as a whole, and not specifically to the arbitration clause, e if it is “such as no man in his senses and not under delusion would make on the one hand, and as no honest or fair man would accept, on the other.” Tulowitzki v. Atl. Richfield Co., 396 A.2d 956, 960 (Del.1978) (internal quotation marks omitted). “[M]ere disparity between the bargaining power of parties to a contract will not support a finding of unconscionability.” Graham v. State Farm Mut. Auto. Ins. Co., 565 A.2d 908, 912 (Del.1989). Rather, “[a] court must find that the party with superior bargaining power used it to take advantage of his weaker counterpart. For a contract clause to be unconscionable, its terms must be so one-sided as to be oppressive.” Id. (inte 473, 186 Cal.Rptr. 114, 126 (1982) Options: A. holding unconscionable a disclaimer of warranties under the uniform commercial code where there was allocation of commercial risks in a socially or economically unreasonable manner B. holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property C. holding that a memorandum referring to the allocation of stock ownership did not satisfy 8319 of the uniform commercial code D. holding that the hospital was fraudulently joined because it did not meet the definition of seller as defined by mississippis product liability statute or under the uniform commercial code E. holding that the uniform commercial code specifically encompassed a software licensing agreement

assistant: The best answer is A. holding unconscionable a disclaimer of warranties under the uniform commercial code where there was allocation of commercial risks in a socially or economically unreasonable manner
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All insurance policies required to be maintained by Borrower under Section 5.15 shall be in full force and effect with respect to the Projects and Administrative Agent shall have received certified copies of all policies evidencing such insurance (or insurance certificates signed by the insurer or a broker authorized to bind the insurer evidencing such insurance), in each case in form and substance reasonably satisfactory to Administrative Agent (acting in consultation with the Insurance Consultant). Administrative Agent shall have received (i) a certificate of the Insurance Consultant, in substantially the form of Exhibit G-2 , with the Insurance Consultant’s report attached thereto, dated as of the Term Conversion Date, in form and substance satisfactory to Administrative Agent and the Majority Lenders and (ii) a compliance letter from Borrower’s insurance broker, in substantially the form of Exhibit G-7 , confirming that all insurance premiums required by Schedule 5.15 to be paid as of the Term Conversion Date have been paid and that Borrower is otherwise in compliance with Section 5.15 and Schedule 5.15 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO WAIVES THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING OR DISPUTE OF ANY KIND RELATING IN ANY WAY TO THIS AGREEMENT OR THE ACCOUNT COLLATERAL. Each party hereto acknowledges that the foregoing waivers are a material inducement to each other party’s entering into this Agreement and that it is relying upon the foregoing in its dealings with such party. Each party hereto has reviewed the foregoing waivers with its legal counsel and has knowingly and voluntarily waived its jury trial and other rights following consultation with legal counsel. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The undersigned person executing this Second Acknowledgment on behalf of Borrower represents and certifies that he is fully empowered to execute and deliver this instrument for and on behalf of Borrower; and all necessary action for the making and delivery of this instrument has been taken and done.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Agreement: You understand that your employment is at will and either you or the Company may terminate the employment relationship at any time with or without cause and with or without notice. None of the provisions herein constitute a guarantee of continued employment or change your " at-will" employment status .

assistant: Employment
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: additional repairs. See id. The Austin Court of Appeals reversed and remanded for further development of the facts on damages. See id. at 951. In doing so, the court noted that the insurer did not discharge its repair obligations because it had failed to repair the car to its pre-accident condition; accordingly, the cost of the inadequate repairs was not the proper measure of recovery. See id. Remand was necessary because of the absence of a finding concerning the cost to properly repair the vehicle to its pre-accident condition. See id. The appellate court disregarded the trial court’s findings regarding post-accident and post-repair reduction in the actual cash value of the car. See id. 15 . See Delledonne v. State Farm Mut. Auto. Ins. Co., 621 A.2d 350, 353 (Del.Super.Ct.1992) (<HOLDING>); Senter v. Tenn. Farmers Mut. Ins. Co., 702 Options: A. holding that when the insurer elects to repair or replace the damaged part with other of like kind and quality less depreciation the insurer is obligated to put the automobile in substantially the same condition it was prior to the collision so as to render it as valuable and serviceable as before with the insured being compensated for any deficiency in loss of actual value B. holding that to find the measure of damages as the difference in market value immediately before and after the collision would be arbitrarily reading out of the policy the right of defendant to make repairs or replace the damaged part with materials of like kind and quality C. holding that if repairs to a firedamaged vehicle with parts of like kind and quality would not restore the vehicle to its former market value the proper measure of damages was the difference in market value before and after the loss where the policy limited liability to the cost to repair or replace the property with other of like kind and quality less depreciation D. holding that if repairs to a firedamaged vehicle with parts of like kind and quality would not restore the vehicle to its former market value the proper measure of damages was the difference in market value before and after the loss E. holding in a case of first impression that an insurers provision to repair or replace a vehicle or its parts with like kind and quality requires that the insurer pay for diminution in value

assistant: The best answer is E. holding in a case of first impression that an insurers provision to repair or replace a vehicle or its parts with like kind and quality requires that the insurer pay for diminution in value
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 in two or more counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one contract, and shall become effective as provided in Section 5.04. Delivery of an executed counterpart to this Agreement by facsimile or other electronic transmission shall be as effective as delivery of a manually signed original.

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 case excerpt and choose the best holding from the options. Case excerpt: that the blood draw was reasonable under a general Fourth Amendment balancing test outside of any exception. Finally, it argues that exigent circumstances existed to justify the warrantless blood draw, namely, the difficulty that the law enforcement officers would have faced obtaining a warrant late at night when tasked with investigating a large-scale fatality accident. a. Whether the Texas implied-consent statute is its own exception to the warrant requirement The State argues that the Transportation Code provides its own exception to the Fourth Amendment’s warrant requirement. Both the United States Supreme Court and the Court of Criminal Appeals have rejected the contention that a statute may create a per se exception to a warrant requirement. See McNeely, 133 S.Ct. at 1561-63 (<HOLDING>); Villarreal, 475 S.W.3d at 797-800 (holding Options: A. holding that per se statutory rule is not permissible under fourth amendment B. holding that the statutory definition of responsibly connected provided a per se rule C. holding that constructive amendments which are per se reversible under harmless error analysis are also per se reversible under plain error analysis D. holding such agreements to be per se illegal E. holding expert testimony is not required as a per se rule in bad faith actions

assistant: The best answer is A. holding that per se statutory rule is not permissible under fourth amendment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to the marital communications privilege for an offense against a child of either spouse to promote marital and family harmony); United States v. Bahe, 128 F.3d 1440, 1446 (10th Cir. 1997) (upholding admission of spousal testimony and finding “no significant difference, as a policy matter, between a crime against a child of the married couple, against a stepchild living in the home or, as here, against an eleven-year-old relative visiting in the home” because “child abuse is a horrendous crime”); United States v. White, 974 F.2d 1135, 1138 (9th Cir. 1992) (upholding admission of spousal testimony because exclusion of such testimony is inconsistent with public policy concerns to protect a spouse or the spouse’s children) ; United States v. Cameron, 556 F.2d 752, 755 (5th Cir. 1977) (<HOLDING>); United States v. Allery, 526 F.2d 1362, 1367 Options: A. holding that the initial disclosure of a crime to one spouses without more is covered by the marital communications privilege B. holding that marital communications which arise from an act of violence by a spouse committed against the children of either spouse should constitute an exception to the marital privilege because such communications fail to satisfy the conditions underlying the creation of the privilege C. recognizing privilege D. recognizing exception E. recognizing a childabuse exception to marital communications privilege

assistant: The best answer is E. recognizing a childabuse exception to marital communications privilege
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 Restricted Stock Units (and any right to unpaid Dividend Equivalents under Section 7 with respect to the Restricted Stock Units) shall be forfeited automatically without further action or notice in the event the Grantee ceases to be employed by Holdings, the Company, or any other subsidiary of Holdings prior to the Vesting Date other than as provided in Section 2(b).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. When a reference is made in this Agreement to an Article or a Section, such reference shall be to an Article or Section of this Agreement unless otherwise indicated. All references made herein to the Company as a party which operate as of a time following the Effective Time shall be deemed to refer to the Company and its subsidiaries as a single party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices, offers, acceptance and any other acts under this Agreement (except payment) shall be in writing and shall be as set forth in the Purchase Agreement or to such other address as any of them, by notice to the other may designate from time to time. Time shall be counted to, or from, as the case may be, the date of delivery.

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: the Distribution Agreement effectively destroyed Innomed’s ability to assign its rights to AHP. Because the January 26 agreement was never memorialized in writing, Innomed must point to evidence in the record as to, inter alia, the terms of the oral contract and the terms that ALZA allegedly breached. See Careau & Co. v. Sec. Pacific Bus. Credit, Inc., 222 Cal.App.3d 1371, 272 Cal.Rptr. 387, 395 (1990); see also Khajavi v. Feather River Anesthesia Med. Group, 84 Cal.App.4th 32, 100 Cal. Rptr.2d 627, 646-47 (2000). Innomed has failed to proffer any evidence as to the terms of the January 26 agreement, so it is impossible to determine whether ALZA breached any of the terms of the agreement when it terminated the Distribution Agreement on March 26. See Khajavi, 100 Cal.Rptr.2d at 646-48 (<HOLDING>). Therefore, no reasonable juror could conclude Options: A. holding that plaintiff could not have reasonably relied on an oral representation that the atwill provision of his employment contract did not apply to him when he entered into the contract that expressly contradicted the oral representations B. holding a court must find among other things clear evidence of the existence of an oral agreement for part performance to remove the contract from the statute of frauds C. holding that express oral agreement with government agent was not binding because among other factors applicable regulations required contract to be in writing D. holding part performance of an oral agreement necessary to take the oral agreement out of the statute of frauds must be consistent only with the existence of the alleged oral contract E. holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract

assistant: The best answer is E. holding that defendant did not breach oral agreement because among other things the plaintiff had not established that the term in question was part of the oral contract
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: we conclude that the district court could not properly entertain the motion, and hereby vacate the district court’s order amending its earlier judgment. Although we find that Rule 60(b)(1) fully and sufficiently supports our decision to vacate the district court’s order, we do not view the decision as harsh to appellees. Appellees drafted and submitted the judgment to the district court, so they in fact caused the mistake in the first place. They accepted payment of that judgment without protest, and they did not raise the issue when the case was before this court on appeal the first time. Consequently, they could be deemed to have waived any statutory right to higher interest that they might have had. See Feaster Trucking Service, Inc. v. Kindsvater, Inc., 460 F.2d 180 (10th Cir.1972) (<HOLDING>); Clinton v. Joshua Hendy Corp., 264 F.2d 329 Options: A. holding that where the proper rate of interest was eight percent but the court ordered six percent movant had waived right to higher rate by not raising the issue earlier in its petition for review B. holding that a four percent error rate constitutes substantial compliance with a statute C. holding that district court did not abuse its discretion in awarding prejudgment interest at the colorado statutory rate of 8 percent D. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate E. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract

assistant: The best answer is A. holding that where the proper rate of interest was eight percent but the court ordered six percent movant had waived right to higher rate by not raising the issue earlier in its petition for review
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 Loan Guaranty of any Loan Guarantor (other than any Borrower) shall be automatically released upon any Disposition of Equity Interests of such Loan Guarantor in accordance with Section 6.05 following which such Loan Guarantor ceases to be a Subsidiary of the U.S. Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For the services to be performed hereunder during the Period of Employment, Tyson shall pay you at a base salary of $ 325,000.00 , which may be adjusted by Tyson from time to time within the range paid to other employees in your Band. Such base salary shall be paid in accordance with Tyson's payroll practice.

assistant: Base Salary
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 Guaranty may be executed in several counterparts, and/or by the execution of counterpart signature pages that may be attached to one (1) or more counterparts of this Guaranty, and all so executed shall constitute one (1) agreement binding on all of the Parties, notwithstanding that all of the Parties are not signatory to the original or the same counterpart. In addition, any counterpart signature page may be executed by any Party wherever such Party is located, and may be delivered by facsimile transmission or by portable document format (“ PDF ”), and any such facsimile or PDF transmitted signature pages may be attached to one (1) or more counterparts of this Guaranty, and such signature(s) sent by facsimile or by PDF shall have the same force and effect, and be as binding, as if original signatures had been executed and delivered in person.

assistant: Counterparts