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: ability to use their property in the exercise of their religion. See Fortress Bible, 694 F.3d at 218 (“[T]o hold that PLUIPA is inapplicable to - what amounts to zoning actions taken in the context of a statutorily mandated environmental quality review would allow towns to insulate zoning decisions from RLUIPA review— [The court] declinefs] to endorse a process that would allow a town to evade RLUIPA by what essentially amounts to a re-characterization of its zoning decisions.”). For example, courts have held zoning ordinances, or zoning decisions, that significantly lessen the prospect of a religious institution’s being able to use the property to further its religious mission contravene RLUIPA. See Guru Nanak Sikh Soc’y of Yuba City v. Cty. of Sutter, 456 F.3d 978, 992 (9th Cir.2006) (<HOLDING>); Roman Catholic Diocese of Rockville Centre v. Options: A. holding that laws requiring special use permits did not impose a substantial burden on religious institution B. holding that the defendant countys two denials of variance permits under the circumstances had to a significantly great extent lessened the prospect of the religious institution being able to construct a temple in the future thus imposing a substantial burden on the religious institutions religious exercise C. recognizing a religious institutions right to free exercise of religion D. holding that limitations placed upon the religious activities of two prison groups found to be religious organizations were reasonable under the circumstances E. holding that religious exercise is any exercise of religion whether or not compelled by or central to a system of religious belief and that the use building or conversion of real property for the purpose of religious exercise shall be considered religious exercise

assistant: The best answer is B. holding that the defendant countys two denials of variance permits under the circumstances had to a significantly great extent lessened the prospect of the religious institution being able to construct a temple in the future thus imposing a substantial burden on the religious institutions religious exercise
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: Judge. We reverse an order granting appellee’s motion to compel arbitration. The. trial court granted the motion to compel based on the parties’ agreement for sale which referenced a third party warranty insurance agreement obtained by the builder. While that insurance agreement contained an arbitration provision, the purchase agreement did not specifically incorporate that provision. As such, there was no legal basis upon which the trial court could have ordered arbitration. See Regency Island Dunes, Inc. v. Foley and Assocs. Constr. Co., 697 So.2d 217 (Fla. 4th DCA 1997)(<HOLDING>). REVERSED and REMANDED. WARNER, C.J, and Options: A. holding that employees affidavit that she never saw arbitration program documents did not raise triable issue of fact as to existence of agreement to arbitrate that would preclude compelled arbitration B. holding that as a matter of contract no party can be forced to arbitrate unless that party has entered into an agreement to do so C. holding that the trial court must determine whether there was an agreement to arbitrate when the party contesting arbitration claimed she had never signed the contract or intended to be bound D. holding that the party demanding arbitration had waived its right to arbitrate by filing eight months earlier a complaint against the other party to the arbitration agreement E. holding that a party who has not expressly or implicitly agreed to be bound by an arbitration agreement cannot be compelled to arbitrate

assistant: The best answer is E. holding that a party who has not expressly or implicitly agreed to be bound by an arbitration agreement cannot be compelled to arbitrate
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 constitutes the entire agreement between the parties with respect to compensation, severance pay, benefits and accelerated vesting and supersedes in all respects all prior agreements between the parties concerning such subject matter, including without limitation any prior offer letter or discussions relating to the Executive’s employment relationship with the Company. Notwithstanding the foregoing, the Confidentiality Agreement, and any other agreement or obligation relating to confidentiality, non-solicitation or assignment of inventions shall not be superseded by this Agreement, and, as described in Section 9 above, the Executive acknowledges and agrees that any such agreements and obligations remain in full force and effect. For purposes of this Agreement, the Company shall include affiliates and subsidiaries thereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: employees. For example, Bateman complains that the FDIC employees failed to exercise due care when they told him that the FDIC had a “bona fide intention” of selling the Note to him. He also alleges negligence by Leal in representing to Bateman that Leal would present the agreements to the CRC and that CRC approval would be forthcoming. He further claims that he suffered damages due to his reliance on these representations. A claim based on such allegations amounts to an assertion of “negligent misrepresentation” (as it is entitled in the proposed amendment). See Neal, 460 U.S. at 296, 103 S.Ct. 1089 (“[T]he essence of an action for misrepresentation ... is the communication of information on which the recipient relies.”); Jimenez-Nieves v. United States, 682 F.2d 1, 4 (1st Cir.1982) (<HOLDING>). Moreover, Bateman cannot transform his Options: A. holding that breach of contract claim related back to misrepresentation claim because operative facts upon which the breach of contract claim was based were contained in the misrepresentation counts of the original complaint B. holding that the furnishing of misleading information cannot support a claim for negligent misrepresentation the information must be false C. holding that misrepresentation was essential to plaintiffs claim D. holding that the essential element for determining whether or not a claim was a misrepresentation claim within the meaning of section 2680h was reliance by the plaintiff upon the false information E. holding that reasonable reliance is not an element of the defense

assistant: The best answer is D. holding that the essential element for determining whether or not a claim was a misrepresentation claim within the meaning of section 2680h was reliance by the plaintiff upon the false information
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: the service is evolving and we may require that you accept updates to the service as well as to the terms , community rules , and the zynga privacy policy .

assistant: Unilateral change
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: (a) The Client represents and warrants that the Client (or its authorized representative) has full power and authority to enter into this Agreement; the terms of this Agreement do not violate any obligation by which the Client is bound, whether arising by contract, operation of law, or otherwise; and this Agreement has been duly authorized by the Client and will be binding on the Client according to its terms.

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: No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective, except in accordance with Section 10.01 of the Term Loan Agreement, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Investor and Assignee, as applicable, reserves all of its rights and remedies arising with respect to any and all defaults or events of defaults under the Transaction Documents that may be in existence on the date hereof, regardless of whether such defaults or events of default have been identified, or which may occur in the future. Each of the Investor and the Assignee has not modified, is not waiving and has not agreed to forbear in the exercise of, any of its present or future rights and remedies. No action taken or claimed to be taken by Investor or Assignee will constitute such a waiver, modification or agreement to forbear. This Amendment does not obligate Investor or Assignee to agree to any other extension or modification of the Transaction Documents nor does it constitute a course of conduct or dealing on behalf of Investor or Assignee or a waiver of any other rights or remedies of Investor or Assignee except as and only to the extent expressly set forth herein. No omission or delay by Investor or Assignee in exercising any right or power under the Transaction Documents, this Amendment or any related instruments, agreements or documents will impair such right or power or be construed to be a waiver of any default or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and no waiver will be valid unless in writing and then only to the extent specified.

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: Court recognized that ‘no federal or state court has accepted the argument that a prolonged stay on death row constitutes cruel and unusual punishment, especially where both parties bear responsibility for the long delay.’ ” Id. (quoting Booker v. State, 969 So.2d 186, 200 (Fla.2007)). In this case, Marek has contributed to the delay of his execution by filing several postconviction motions and habeas petitions. He has also been a party to several class action proceedings. As we stated in Tompkins, “He cannot now contend that his punishment has been illegally prolonged because the delay in carrying out his sentence is in large part due to his own actions in challenging his conviction and sentence.” Id. Marek, 8 So.3d at 1131; see also Gore v. State, 964 So.2d 1257, 1276 (Fla.2007) (<HOLDING>), cert. denied, 552 U.S. 1197, 128 S.Ct. 1250, Options: A. holding that twentythree years served on death row is not cruel and unusual punishment B. holding that what constitutes cruel and unusual punishment is a question of law C. holding cruel and unusual punishment complaint not preserved D. holding that seventyfive to ninetynine years for robbery is not cruel and unusual punishment E. holding that the fact that defendant spent years on death row awaiting execution does not render the death penalty cruel and unusual punishment

assistant: The best answer is A. holding that twentythree years served on death row is not cruel and unusual punishment
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: Seller agrees to sell to Purchaser, and Purchaser agrees to purchase from Seller all of Seller's right, title and interest in and to the Property. At the Closing, Seller shall contribute, transfer, assign, convey and deliver to Purchaser, and Purchaser shall assume, free and clear of all Liens other than Permitted Exceptions, all of Seller's right, title and interest in and to the Property and the obligations with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: be determined from what appears in Solar’s complaint. Cf. Boca Burger, Inc. v. Forum, 912 So.2d 561, 568-69 (Fla. 2005) (“[W]hen a defendant asserts [a lack of subject matter] defense in a motion to dismiss, a trial court must determine the issue as a matter of law based only on the well-pleaded allegations in the complaint, assuming the truth of the facts asserted.”). Although Solar’s complaint is carefully couched as a matter of legal malpractice, the complaint necessarily invites the trial court to make initial determinations as to the patent’s scope, validity, or infringement. These issues are best decided in a federal court lawsuit between Solar and an alleged in-fringer. See Christianson v. Colt Indus. Operating Corp., 486 U.S. 800, 808-09, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988) (<HOLDING>). We think Schachel, 405 So.2d at 487-88, Options: A. holding that 1338a jurisdiction inures when a complaint establishes that federal patent law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law in that patent law is a necessary element of one of the wellpleaded claims B. holding patent policy incorporated by reference into patent agreement C. holding that the application of an element of a state law tort is preempted if in holding a defendant hable for the conduct there would be conflict with federal patent law D. holding that libel and slander suit that involved statements concerning plaintiffs patent for a pump arose under state law not federal patent law a suit arises under the law that creates the cause of action E. holding that the district court had jurisdiction pursuant to 28 usc 1338a over a legal malpractice claim that was based upon an alleged attorney error in drafting a patent claim in a manner that narrowed the scope of the patent

assistant: The best answer is A. holding that 1338a jurisdiction inures when a complaint establishes that federal patent law creates the cause of action or that the plaintiffs right to relief necessarily depends on resolution of a substantial question of federal patent law in that patent law is a necessary element of one of the wellpleaded claims
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 will, and will cause each of its Subsidiaries to (a) do or cause to be done all things necessary to preserve, renew and keep in full force and effect its legal existence and the rights, qualifications, licenses, permits, privileges, franchises, governmental authorizations and intellectual property rights material to the conduct of its business and (b) maintain all requisite authority to conduct its business in each jurisdiction in which its business is conducted, except where the failure to maintain all requisite authority to conduct its business in foreign jurisdictions, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect; provided that the foregoing clauses (a) and (b) shall not prohibit any merger, consolidation, liquidation or dissolution permitted under Section 6.03 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth in Section 13.1(d ), without limiting any other provision of this Agreement, if an Event of Default with respect to any Party (such defaulting Party, the “ Defaulting Party ”) has occurred and is continuing, the Non-Defaulting Party shall have the right, immediately and at any time(s) thereafter, to suspend its performance or terminate this Agreement upon written notice to the Defaulting Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive understands and intends that this Section 7 constitutes a general release of all claims except as otherwise provided in Section 7(b), above, and that no reference therein to a specific form of claim, statute or type of relief is intended to limit the scope of such general release and 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: on whether the unborn child was born alive or died in útero. Therefore, we hold that Geiser is controlling. Section 19-03.1-22.2, N.D.C.C., endangerment of a child, does not apply to acts committed on an unborn child, regardless if the child is subsequently born alive or dies in utero. [¶ 20] When a question of interpretation arises as to whether conduct is criminal or not, we construe the statute in the light most favorable to the defendant. State v. Laib, 2002 ND 95, ¶ 15, 644 N.W.2d 878. Furthermore, we presume the legislature, having had an opportunity to state otherwise, acquiesces to our construction and interpretation of N.D.C.C. § 19-03.1-22.2. See Rodenburg v. Fargo-Moorhead Y.M.C.A., 2001 ND 139, ¶ 26, 632 N.W.2d 407 (“We presume t 75 Cal.App.3d 214, 141 Cal.Rptr. 912 (1977) (<HOLDING>); State v. Gethers, 585 So.2d 1140 (Fla.Ct.App. Options: A. holding a mother was not criminally liable for knowingly causing injury to a child under circumstances likely to produce death or serious physical injury after the mothers prebirth ingestion of heroin caused her child to suffer heroin withdrawal symptoms postpartum B. holding a mother may not be held criminally liable under a reckless endangerment statute for the effect that prenatal ingestion of a controlled substance may have on her child pre or postbirth C. holding that mother could not be prosecuted under child abuse statute for prenatal use of heroin D. holding that mother may not be prosecuted criminally for child endangerment for prenatal substance abuse E. holding a mother not criminally liable for child endangerment for ingesting heroin while pregnant

assistant: The best answer is E. holding a mother not criminally liable for child endangerment for ingesting heroin while pregnant
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: explanation of the sentence was not plain error. United States v. Bonilla, 524 F.3d 647, 657 (5th Cir.2008)(“In this case, examining the district court’s statement at sentencing in the context of the full sentencing hearing confirms that the court’s reasons for the non-guideline sentence it imposed were minimally sufficient.”). McGrew also disagrees with the sentencing court’s refusal to give him a more lenient sentence on account of his being a drug addict, a “characteristic” under 18 U.S.C. § 3553(a)(1). His mere disagreement with the court’s assessment of the § 3553(a) factors does not establish that the sentence was an abuse of discretion or unreasonable, much less that it was plainly erroneous. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (<HOLDING>). Moreover, this court has routinely affirmed Options: A. holding that nothing in booker or elsewhere requires the district court to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors B. recognizing that while our reasonableness review may take into consideration the extent of the district courts deviation from the guidelines range we must give due deference to the district courts decision that the 3553a factors on a whole justify the extent of the variance C. holding that a reviewing court must give due deference to the district courts decision that the 3553a factors on a whole justify the extent of the variance above the guideline range D. holding that consideration by a sentencing court of acquitted conduct was appropriate in establishing the applicable guideline range or in determining the sentence to impose within the guideline range E. holding that the district court is not required to state on the record that it has explicitly considered each of the 3553a factors or to discuss each of the 3553a factors

assistant: The best answer is C. holding that a reviewing court must give due deference to the district courts decision that the 3553a factors on a whole justify the extent of the variance above the guideline range
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’s base salary shall be in an amount set by the Board (or a committee thereof), but under no circumstances will be less than $280,000 per annum (the “ Base Salary ”), which salary shall be payable in regular installments in accordance with the Company’s general payroll practices and shall be subject to customary withholding. The Base Salary shall be subject to annual increases by the Board (or a committee thereof), in its sole discretion, which increases shall thereafter be Executive’s “Base Salary” for all purposes under this Agreement.

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 Agreement will be binding upon and inure to the benefit of the parties, their successors and permitted assigns. Neither party may assign any of its rights or delegate any of its obligations under this Agreement , in whole or in part, except with the other party’s prior written consent. If a party desires to assign this Agreement, it shall give written notice to the other party with sufficient detail to enable the other party to properly consider the matter, and any assignee reasonably acceptable to the other party shall be required to covenant in writing with such party to be bound by the terms of this Agreement. In the event a party consents to the delegation of any of the other party’s obligations under this Agreement, the delegating party shall remain responsible for any breach of this Agreement by any such delegee. Notwithstanding the foregoing, either party may assign this Agreement in its entirety without the other party’s consent, but subject to prior written notice, to any of its Affiliates or to a successor to or purchaser of all or substantially all of the business or assets of the assigning party or the assigning party’s business unit responsible for performance under this Agreement . Any purported assignment in violation of this Section 14.5 shall be null and void and of no effect.

assistant: Assignments
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 provisions of Article V hereto, NewCo shall execute and deliver all such instruments or cause such instruments to be executed and delivered, and take such further actions or cause such actions to be taken, as Assignor reasonably may request, in order to give full effect to this Agreement and the transactions contemplated herein.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By Participant’s acceptance (whether in writing, electronically or otherwise) of the Notice, Participant and the Company agree that the RSUs are granted under and governed by the terms and conditions of the Plan, the Notice and this Agreement. Participant has reviewed the Plan, the Notice and this Agreement in their entirety, has had an opportunity to obtain the advice of counsel prior to executing this Agreement, and fully understands all provisions of the Plan, the Notice and this Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions or interpretations of the Committee upon any questions relating to the Plan, the Notice and this Agreement. Participant further agrees to notify the Company upon any change in Participant’s residence address. By acceptance of the RSUs, Participant agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or a third party designated by the Company and consents to the electronic delivery of the Notice, this Agreement, the Plan, account statements, Plan prospectuses required by the U.S. Securities and Exchange Commission, U.S. financial reports of the Company, and all other documents that the Company is required to deliver to its security holders (including, without limitation, annual reports and proxy statements) or other communications or information related to the RSUs and current or future participation in the Plan. Electronic delivery may include the delivery of a link to the Company intranet or the internet site of a third party involved in administering the Plan, the delivery of the document via e-mail or such other delivery determined at the Company’s discretion. Participant acknowledges that Participant may receive from the Company a paper copy of any documents delivered electronically at no cost if Participant contacts the Company by telephone, through a postal service or electronic mail to Stock Administration. Participant further acknowledges that Participant will be provided with a paper copy of any documents delivered electronically if electronic delivery fails; similarly, Participant understands that Participant must provide on request to the Company or any designated third party a paper copy of any documents delivered electronically if electronic delivery fails. Also, Participant understands that Participant’s consent may be revoked or changed, including any change in the electronic mail address to which documents are delivered (if Participant has provided an electronic mail address), at any time by notifying the Company of such revised or revoked consent by telephone, postal service or electronic mail through Stock Administration. Finally, Participant understands that Participant is not required to consent to electronic delivery if local laws prohibit such consent.

assistant: Disclosures
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 Loan Document may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single contract. This Agreement shall become effective when Agent has received counterparts bearing the signatures of all parties hereto. Delivery of a signature page of any Loan Document by telecopy or other electronic means shall be effective as delivery of a manually executed counterpart of such agreement. The words “execution,” “execute”, “signed,” “signature,” and words of like import in or related to any document to be signed in connection with this Agreement and the transactions contemplated hereby (including without limitation Assignment and Acceptances, amendments or other modifications, Notices of Borrowing, waivers and consents) shall be deemed to include electronic signatures, the electronic matching of assignment terms and contract formations on electronic platforms approved by the Agent, or the keeping of records in electronic form, each of which shall be of the same legal effect, validity or enforceability as a manually executed signature or the use of a paper-based recordkeeping system, as the case may be, to the extent and as provided for in any applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any other similar state laws based on the Uniform Electronic Transactions Act; provided that notwithstanding anything contained herein to the contrary the Agent is under no obligation to agree to accept electronic signatures in any form or in any format unless expressly agreed to by the Agent pursuant to procedures approved by it.

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: without proof that Defendants would have disciplined him in any event, especially in light of Livesay’s admission that he could not recall the DAO ever disciplining another individual for some of the same conduct on which Eng’s suspensions were based. See Coszalter v. City of Salem, 320 F.3d at 978 (noting that “a reasonable fact finder could find from the inconsistent application of [city] policy that the defendants’ motivation for enforcing the policy ... was retaliation for [the plaintiffs] constitutionally protected speech”). Moreover, (1) the proximity in time between Eng’s comments regarding the COPs and both Livesay’s letter regarding administrative leave and Matsumoto’s letter (bearing Livesay’s name) regarding the first suspension (see Allen v. Iranon, 283 F.3d at 1078 (<HOLDING>)); and (2) Sowders’ indication after Options: A. holding the closeness in time between the plaintiffs complaint and the defendants demand for his resignation or firing supports an inference of retaliatory motive B. holding that a threeyear gap between the protected activity and the adverse employment action was insufficient to support an inference of causation C. recognizing that protected conduct closely followed by adverse action may justify an inference of retaliatory motive D. holding that evidence of a cursory investigation can give rise to an inference of an unlawful motive E. holding that an elevenmonth gap in time is within the range that has been found to support an inference of retaliatory motive

assistant: The best answer is E. holding that an elevenmonth gap in time is within the range that has been found to support an inference of retaliatory motive
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 shall hold in strictest confidence any information and material which is related to either Purchaser or Vendor’s business or is designated by either Purchaser or Vendor as proprietary and confidential, herein or otherwise. Vendor further covenants not to disclose or otherwise make known to any Party nor to issue or release for publication any articles or advertising or publicity matter relating to this Agreement in which the name of Purchaser or any of its affiliates is mentioned or used, directly or indirectly, unless prior written consent is granted by the other party; provided, however, that the Purchaser shall be entitled to make any disclosures required by it as a public company under applicable law, regulation or stock exchange rule without any consent of Vendor, including the filing of this Agreement as an exhibit thereto.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party's rights and obligations under this Agreement shall not be assigned or delegated, by operation of law or otherwise, without the other party's prior written consent, and any such assignment or attempted assignment shall be void, of no force or effect, and shall constitute a material default by such party.

assistant: Assignments
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: conducted discovery and moreover he had not indicated, as the court noted, that he had any outstanding discovery. Even a pro se litigant must follow procedures. Loren v. Sasser, 309 F.3d 1296, 1304 (11th Cir.2002). Even though Bevan cites cases to support his argument that summary judgment granted before the discovery deadline is improper, cases from other circuits are not binding on this Court and are merely persuasive. Bonner v. City of Prichard, Ala., 661 F.2d 1206, 1209 (11th Cir.1981). Since Bevan only made vague assertions as to his future discovery efforts, without indicating what showing he would make, the district court did not abuse its discretion in granting summary judgment prior to the end of discovery. See Reflectone, 862 F.2d at 843-44; see also Leigh, 212 F.3d at 1219 (<HOLDING>). IY. Denial of Sevan’s Thirty Motions to Options: A. holding that before a parents rights can be terminated the department must show by clear and convincing evidence that reunification with the parent poses a substantial risk of significant harm to the child B. holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative C. recognizing that a party opposing a claim may choose the forum in the absence of objection D. holding that the opposing party must show substantial harm E. holding that coparties become opposing parties emphasis added within the meaning of fedrcivp 13a after one such party pleads an initial crossclaim against the other with no discussion of whether an opposing party must be deemed a defendant

assistant: The best answer is D. holding that the opposing party must show substantial harm
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: Hoisington’s claim was first made, within the policy period depends upon the definition of “claim.” The policy defines claim as follows: Claim, whenever used in this policy, means a demand received by the Insured for money or services including the service of suit or institution of arbitration proceedings against the Insured. Pl.Mot. for Summ.J., Ex. B (quoting Policy at 3). Additionally,- case law has defined a “claim,” in reference to coverage under a claims-made policy, as “a demand for something as a right.” Bensalem Township v. Western World Ins. Co., 609 F.Supp. 1343, 1348 (E.D.Pa.1985) (quoting Phoenix Ins. Co. v. Sukut Constr. Co., 136 Cal.App.3d 673, 677, 186 Cal.Rptr. 513 (1982)); see also Hoyt v. St. Paul Fire & Marine Ins. Co., 607 F.2d 864, 866 (9th Cir.1979) (<HOLDING>); United Capital Ins. Co. v. New York Marine Options: A. holding that when the insured brings an action for a declaration of coverage and prevails absent a bad faith denial of coverage by the insurer attorneys fees incurred by the insured in the prosecution of that action are not incurred at the request of the insurer B. holding that a request for information and explanation is not sufficient to constitute a claim absent a demand for action by the insured C. holding that the injunction did not constitute a claim D. holding that parties subject to a cercla investigative request may not decide for the epa when they have provided sufficient information E. holding that denial of a request for reimbursement for travel expenses did not constitute an adverse employment action

assistant: The best answer is B. holding that a request for information and explanation is not sufficient to constitute a claim absent a demand for action by the insured
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS, FOR ITSELF AND ITS PROPERTY, TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK SITTING IN NEW YORK CITY IN THE BOROUGH OF MANHATTAN AND OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN, AND ANY APPELLATE COURT FROM ANY THEREOF, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT (OTHER THAN WITH RESPECT TO ANY COLLATERAL DOCUMENT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE THEREIN), OR FOR RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT ANY AGENT, ANY LENDER OR ANY L/C ISSUER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE RECOGNITION OR ENFORCEMENT OF ANY JUDGMENT AGAINST ANY LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EXCEPT TO THE EXTENT SUCH COSTS, LOSSES, LIABILITIES OR ACTIONS RESULT FROM LANDLORD’S NEGLIGENCE AND/OR WILLFUL MISCONDUCT, OR THE NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD’S EMPLOYEES, CONTRACTORS OR AGENTS, TENANT SHALL INDEMNIFY AND HOLD LANDLORD HARMLESS FROM AND AGAINST ALL COSTS (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS OF SUIT), LOSSES, LIABILITIES OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO TENANT’S CONSTRUCTION OF THE TENANT’S WORK, INCLUDING, BUT NOT LIMITED TO, ANY MECHANIC’S OR MATERIALMEN’S LIENS ASSERTED IN CONNECTION THEREWITH.

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: have construed Quarles reveals a strong majority tendency to apply the public safety exception in situations that go far beyond the ‘loose weapon’ scenario of Quarles and [United States v. Khalil, 214 F.3d 111 (2d Cir.2000)].” Jones, 154 F.Supp.2d at 626-29. Further, this Court also shares Judge Lynch’s concern that Quarles should not be interpreted by courts to establish an exception that “swallow[s] the rule.” Therefore, this Court adopts the Jones framework for application of the public safety exception, namely that the “doctrine requires, at a minimum, that the authorities have some real basis to believe that weapons are present, and some specific reason to believe that the weapon’s undetected presence poses a danger to the police or to the public.” Jones, 154 F.Supp.2d at 628-29 (<HOLDING>); accord United States v. Reyes, 249 F.Supp.2d Options: A. holding that exception applies to statement by handcuffed parolee concerning whereabouts of a gun in an apartment where parole officers had specific information from a third party that a gun was likely present in the apartment B. holding that exception applies to statement by handcuffed defendant as to location of a gun in an apartment even where most of the other adults in the apartment were handcuffed because even assuming the executing officers believed that the residence was secure the circumstances were still sufficiently dangerous C. holding direct testimony tying a defendant to a gun was not required when the gun was found in the defendants truck and when the defendant had both ammunition for the gun and a rack in which it could have been kept D. holding that the exception applies to statement by handcuffed defendant giving location of a gun in an apartment where officers found loose ammunition iri a closet and other members of the household including children were present E. holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building

assistant: The best answer is D. holding that the exception applies to statement by handcuffed defendant giving location of a gun in an apartment where officers found loose ammunition iri a closet and other members of the household including children were present
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: 30, 2014). 12 . U.S. Postal Serv., 339 N.L.R.B. 1175, 1185 n.29 (2003); United Parcel Serv., 327 N.L.R.B. 317, 317 (1998);, Arkansas-Best Freight Sys., Inc., 257 N.L.R.B. 420, 424 (1981); Transcon Lines, 235 N.L.R.B. at 1165; see also Valmont Indus., Inc. v. NLRB, 244 F.3d 454, 472 (5th Cir. 2001) ("[E]ntrance areas to plants, where timeclocks, vending machines, and bulletin boards are located, are often mixed use ar- ‘ eas.”). ! 13 . Kaynard, 625 F.2d at 1052 n.6 ("Where, as here, a production area is regularly used by employees as a lunch area with the ‘lull knowledge and approval’ of the employer, the Board's position is that the area ceases, for the duration of the lunch period, to be a ‘work area’ where distribution can be prohibited. "); Rockingham Sleepwear, 188 N.L.R.B. at 701 (<HOLDING>); see also United Parcel Serv., 327 N.L.R.B. at Options: A. holding that an employers sewing room a work area ceased to be a work area during lunch because the employer permitted employees to take their lunch in the sewing room and provided no alternate facility B. holding that a change in employer from one federal contractor to another caused employees no lack of work C. holding in an employees action to recover for injury sustained during work against the employer and other defendants did not state an intentional tort claim against contractor D. holding that a company exercising substantial control of the terms and conditions of the work of the employees is an employer under the flsa E. holding that your work exclusion is triggered only where the damage at issue is to work performed by you and is caused by work performed by you and does not apply to damage caused to original construction of a house during later repair work

assistant: The best answer is A. holding that an employers sewing room a work area ceased to be a work area during lunch because the employer permitted employees to take their lunch in the sewing room and provided no alternate facility
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: killed Betty Ann seemingly leads to the inevitable conclusion that the Estate cannot show any risk of future harm. Yet application of the Lyons standard to this case is unsettling, because it allows the most egregious cases of institutional disability discrimination in violation of the ADA to continue unabated. Nonetheless, because the Supreme Court spoke broadly about the standing requirements for plaintiffs seeking injunctions, logically speaking, those requirements apply to injunctions sought for violations of the ADA. Indeed, every court to have considered the standing requirements under Title III of the ADA has held that in order for a private litigant to prove standing, she must show a risk of future harm. E.g., Jairath v. Dyer, 154 F.3d 1280, 1283 n. 8 (11th Cir.1998) (<HOLDING>); Plumley v. Landmark Chevrolet, Inc., 122 F.3d Options: A. holding that plaintiff had no standing because he had no intention of seeking further medical advice or treatment from defendant B. holding that plaintiff had no claim under fmla because she had suffered no diminution in income and incurred no costs as a result of alleged violation C. holding that appellants had no standing to challenge search of car because they had no ownership or possessory rights of any kind in the car D. holding that a plaintiff had no injury in fact and consequently no standing when it had no enforceable contract right against the defendant E. holding that the inmate had no cognizable due process claim because he had no liberty interest in being free from disciplinary segregation

assistant: The best answer is A. holding that plaintiff had no standing because he had no intention of seeking further medical advice or treatment from defendant
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: all reasonable inferences from those facts in the plaintiffs favor. Id. The court should not dismiss the complaint unless it is clear the plaintiff can prove no set of facts that would entitle it to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957). In Count I of its complaint, Caremark alleges that Coram violated Rule 10b-5, promulgated under § 10(b) of the 1934 Act, by failing to disclose the Lineare negotiations. See 15 U.S.C. § 78j(b) (1981); 17 C.F.R. § 240.10b-5. The parties do not dispute that to state a claim under Rule 10b-5, Caremark must allege “loss causation,” in addition to “transaction causation.” See Bastian v. Petren Resources Corp., 892 F.2d 680, 683-86 (7th Cir.), cert. denied, 496 U.S. 906, 110 S.Ct. 2590, 110 L.Ed.2d 270 (1990) (<HOLDING>). See also Pommer v. Medtest Corp., 961 F.2d Options: A. holding that causation is an essential element in failure to warn claim B. holding that an antitrust injury is a necessary element of a 2 claim C. holding that loss causation is a necessary element of a rule 10b5 claim D. recognizing that allegation of state action is a necessary element of a 1983 claim E. holding that prejudice or injury is a necessary element of standing

assistant: The best answer is C. holding that loss causation is a necessary element of a rule 10b5 claim