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

user: Read the legal provision and list the applicable contract clause categories. Provision: Consultant will take all reasonable and appropriate steps and measures to ensure the safety of individuals and property in the vicinity of where the Services are being performed. Consultant will indemnify, defend and save and hold harmless Intrepid, its subsidiaries and affiliates, and their respective members, managers, directors, officers, employees and agents, from and against any and all losses, liabilities, damages, fines, penalties, claims, actions or suits, including costs and attorneys’ fees, for or on account of any injury, bodily or otherwise, to or death of persons, damage to or destruction of property belonging to Intrepid or others, or violation of any law, regulation, decree, code, ordinance or other act of any governmental authority to the extent resulting from Consultant’s fault, negligence, willful misconduct, or breach of this Agreement. Intrepid will indemnify, defend and save and hold harmless Consultant from and against any and all losses, liabilities, damages, fines, penalties, claims, actions or suits, including costs and attorneys’ fees, for or on account of any injury, bodily or otherwise, to or death of persons, damage to or destruction of property belonging to Consultant or others, or violation of any law, regulation, decree, code, ordinance or other act of any governmental authority to the extent resulting from Intrepid’s fault, negligence, willful misconduct, or breach of this Agreement.

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: that the funds were part of the Debtor’s estate. The Payment Agreement indicates that the funds the Debtor received were to be passed on to pay its clients’ carriers. The Debtor here is.in essentially the same position as a bailee: Contech (the bailor) directed the Debtor (the bailee) to take possession of Contech’s money and subsequently disburse it to Contech’s creditors. See Jones v. Hanna, 814 S.W.2d 287, 288 (Ky.Ct.App.1991) (“A ‘bailment’ ... imports the delivery of personal property by one person to another in trust for a specific purpose, with a contract, express or implied, that the trust shall be faithfully executed, and the property returned or duly accounted for when the special purpose is accomplished .... ”); Hargis v. Spencer, 254 Ky. 297, 71 S.W.2d 666, 667 (1934)(<HOLDING>). As a bailee, the Debtor lacked any property Options: A. recognizing that there can be compelling circumstances in which a trial court can determine that neither party prevailed in a contract case B. recognizing that a code of silence can be perpetuated only if there is retaliation for violations of it C. recognizing that there can be bailment of money D. recognizing there can be concurrent proximate causes of accident E. holding that there can be only one final appealable order

assistant: The best answer is C. recognizing that there can be bailment of money
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: You will be employed pursuant to the terms of this letter agreement effective June 14, 2017 (the “Start Date”), to serve on a full-time basis as the Vice President of Finance. In this role, you will report to the Company’s Chief Executive Officer or his designee, and have such duties and responsibilities as are customary for such position, and as are otherwise assigned to you from time to time by the Company. You agree to devote your full business time, best efforts, skill, knowledge, attention, and energies to the advancement of the Company’s business and interests and to the performance of your duties and responsibilities as an employee of the Company and not to engage in any other business activities without prior approval from the Company.

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 legal provision and list the applicable contract clause categories. Provision: Hess will use commercially reasonable efforts to maintain an allocation schedule reflecting the direct and indirect costs that are included in the calculation of the Secondment Fee. The General Partner and its representatives will have the right to audit such records and such other records as the General Partner may reasonably require in connection with its verification of the Secondment Fee during regular business hours and on reasonable prior notice.

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: to state a claim under Rule 12(b)(6). We AFFIRM. 1 . Texas statutes use the term "workers' compensation”, whereas the MSP refers to "workmen’s compensation.” Compare, e.g., Tex. Lab.Code Ann. § 408.001 with 42 U.S.C. § 1395y(b)(2)(A). Unless quoting the MSP, we refer to this body of law in accordance with the Texas terminology. 2 . ICSP later terminated Caldera’s lifetime medical benefits on the ground that the covered injury was resolved and any new medical issues were unrelated. Caldera did not appeal ICSP's determination and continued to receive Medicare benefits. 3 .A workers’ compensation carrier is "not liable” for services and treatments that require preauthorization “unless preauthorization is sought by the claimant ... and either obtained from the insurance carrier N.Y.1984) (<HOLDING>); see also Bio-Med. Applications of Tenn., Inc. Options: A. holding that general statement of intent does not override plain language of statute B. holding that congress intended the phrase other incentive payment to broadly cover abuses not enumerated C. holding that congress intended to override a state statute that expressly prohibited the payment of nofault benefits for medicarecovered services D. holding claimant would be entitled to renew claim against nofault insurer upon a showing by the claimant that application has been made for payment of the medical claims in question under workmens compensation and that there has been a disclaimer of liability for such payment by the workmens compensation carrier E. holding that vcaa did not affect federal statute that prohibits payment of interest on past due benefits

assistant: The best answer is C. holding that congress intended to override a state statute that expressly prohibited the payment of nofault benefits for medicarecovered services
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any contest or dispute shall arise between the Company and the Executive regarding any provision of this Agreement, the Company shall reimburse the Executive for all legal fees and expenses reasonably incurred by the Executive in connection with such contest or dispute, but only if the Executive prevails to a substantial extent with respect to the Executive’s claims brought and pursued in connection with such contest or dispute. Such reimbursement shall be made as soon as practicable following the resolution of such contest or dispute (whether or not appealed) to the extent the Company receives reasonable written evidence of such fees and expenses.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to clause (e) of the following sentence, all judicial proceedings brought against any party arising out of or relating hereto or any other Loan Documents, or any of the Obligations, shall be brought in any state or federal court of competent jurisdiction in the State, County and City of New York. By executing and delivering this Agreement, each party (subject to clause (e) of this following sentence), for itself and in connection with its properties, irrevocably (a) accepts generally and unconditionally the exclusive jurisdiction and venue of such courts (other than with respect to actions by any Agent in respect of rights under any Security Document governed by laws other than the laws of the State of New York or with respect to any Collateral subject thereto); (b) waives any defense of forum non conveniens; (c) agrees that service of all process in any such proceeding in any such court may be made by registered or certified mail, return receipt requested, to the applicable parties at its address provided in accordance with Section 9.01; (d) agrees that service as provided in clause (c) above is sufficient to confer personal jurisdiction over the applicable party in any such proceeding in any such court, and otherwise constitutes effective and binding service in every aspect and (e) agrees that Agents and Lenders retain the right to serve process in any other manner permitted by law or to bring proceedings against any Loan Party in the courts of any other jurisdiction in connection with the exercise of any rights under any Security Documents or the enforcement of any judgment.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: without restrictions. This testimony from Doctor Wolfe, which was the only expert medical testimony offered, does not support Mrozg's assertion that Harrison's failure to cooperate with prescribed treatment, exaggeration of symptoms, and failure to complete physical therapy aggravated or increased his injuries. To the contrary, Doctor Wolfe testified that ninety percent of people with Harrison's soft tissue injuries "get well within three (8) months, ninety (90) days" and that Harrison recovered in approximately seven weeks. Tr. at 185. Accordingly, we cannot say that the trial court abused its discretion when it determined that the evidence did not support the giving of the mitigation of damages instruction. See, e.g., Kristoff v. (Glasson, 778 N.E.2d 465, 474 (Ind.Ct.App.2002) (<HOLDING>). For the foregoing reasons, we affirm the Options: A. holding that a plaintiff can seek statutory damages even in the absence of actual damages B. holding that plaintiffs proof that she became depressed and was prescribed depression medication by her family physician was insufficient to support claim and stating evidence that randolph is very depressed and very upset is insufficient to sustain damages for mental anguish C. holding that evidence that plaintiff did not regularly perform her prescribed exercises was insufficient to support a mitigation of damages claim in the absence of physician testimony that she failed to mitigate her damages D. holding that the plaintiff failed to raise an issue of fact regarding her retaliation claim because she failed to offer any evidence of a causal relationship between her involvement in protected activity and the adverse employment action E. holding in a landlordtenant dispute that even though defendant proved failure to mitigate damages because it did not also prove how much the plaintiffs damages increased by failure to mitigate the trial court did not err in refusing to reduce plaintiffs damages

assistant: The best answer is C. holding that evidence that plaintiff did not regularly perform her prescribed exercises was insufficient to support a mitigation of damages claim in the absence of physician testimony that she failed to mitigate her damages
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 one or more counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement. The parties shall execute two (2) originals of this Agreement (one for each party), whether or not executed in counterparts.

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: (internal quotation marks and citations omitted). As applied to Susi’s case, this due process protection extends not only to his exercise of the right to appeal, but also the right to go to trial. See Bordenkircher v. Hayes, 434 U.S. 357, 363, 98 S.Ct. 663, 54 L.Ed.2d 604 (1978) (“[P]unish[ing] a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort.”); United States v. Olivares, 292 F.3d 196, 198 (4th Cir.2002) (“Due process requires that vindictiveness play no role in resentencing the defendant.”). No presumption of vindictiveness applies to Susi’s sentencing because his sentence after remand (160 months) was less than his original sentence (180 months). See United States v. Kincaid, 964 F.2d 325, 328 (4th Cir.1992) (<HOLDING>). Although Susi broadly asserts that the Options: A. holding that intervening conduct may be used to rebut the presumption of vindictiveness B. holding that a court may not impose a harsher sentence on a defendant who successfully challenges his sentence on appeal C. holding that the presumption of vindictiveness only applies when the new sentence is actually harsher than that imposed prior to the successful appeal D. holding that the imposition of a harsher sentence after trial than what had been offered by the state pretrial does not create a presumption of vindictiveness E. holding that a judge who imposes a more severe sentence after the original sentence is successfully attacked must affirmatively state objective reasons for the harsher sentence to ensure that vindictiveness against the defendant plays no part in the sentence he receives after a new trial

assistant: The best answer is C. holding that the presumption of vindictiveness only applies when the new sentence is actually harsher than that imposed prior to the successful appeal
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 Lenders agree to indemnify each Agent and its officers, directors, employees, Affiliates, advisors and controlling persons (each, an “ Agent Indemnitee ”) (to the extent not reimbursed by the Borrower and without limiting the obligation of the Borrower to do so), ratably according to their respective Applicable Percentages in effect on the date on which indemnification is sought under this Section (or, if indemnification is sought after the date upon which the Commitments shall have terminated and the Loans shall have been paid in full, ratably in accordance with such Applicable Percentages immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever that may at any time (whether before or after the payment of the Loans) be imposed on, incurred by or asserted against such Agent Indemnitee in any way relating to or arising out of, the Commitments, this Agreement, any of the other Loan Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Agent Indemnitee under or in connection with any of the foregoing; provided that no Lender shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and nonappealable decision of a court of competent jurisdiction to have resulted from such Agent Indemnitee’s gross negligence or willful misconduct. The agreements in this Section shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder.

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 not before explicitly considered — is whether we have jurisdiction to determine whether these jurisdictional facts are present. Drakes argues, and the government concedes, that we have jurisdiction to determine our jurisdiction under § 1252(a)(2)(C). We agree, thus joining all of our sister circuits which have considered the issue. See, e.g., Tapia Garcia v. INS, 237 F.3d 1216, 1220-21 (10th Cir.2001); Mahadeo v. Reno, 226 F.3d 3, 9 (1st Cir.2000): Bell v. Reno, 218 F.3d 86, 89-90 (2d Cir.2000); Lewis v. INS, 194 F.3d 539, 542 (4th Cir.1999); Santos v. Reno, 228 F.3d 591, 597 n. 11 (5th Cir.2000); Diakite v. INS, 179 F.3d 553, 554 (7th Cir.1999) (per curiam); Flores-Miramontes v. INS, 212 F.3d 1133, 1135 (9th Cir.2000); see also Lettman v. Reno, 168 F.3d 463, 465 (11th Cir.1999) (<HOLDING>), rev’d on other grounds, 207 F.3d 1368 (11th Options: A. holding that the transitional rules preclude direct judicial review of the bias discretionary determination of extreme hardship in suspension of deportation cases B. holding that district courts retain jurisdiction after iirira to decide habeas corpus challenges involving pure questions of law C. holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira D. holding that a defendant that invokes the jurisdiction of a court as a plaintiff waives its personal jurisdiction defense in all actions related to the claim for which it invoked the courts jurisdiction E. holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction

assistant: The best answer is C. holding that the court of appeals has jurisdiction to decide its jurisdiction under the transitional rules of the iirira
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: Borrowers shall use the proceeds of Term Loan 2 to acquire the Real Property and the Personal Property, to pay for certain closing costs associated with the acquisition, to pay for renovations and other improvements required by the PIP, to make an initial deposit into the Reserve Account for Room Revenue Funds, or for other uses as approved by Bank.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Promptly (and in any event, within three business days) upon becoming aware of (a) any actual or potential Conflict of Interest or (b) any lawsuit, claim or arbitration filed against or involving Employee or any trust or vehicle owned or controlled by Employee, in each case, Employee shall disclose such actual or potential Conflict of Interest or such lawsuit, claim or arbitration to the Board. A “ Conflict of Interest ” shall exist when Employee engages in, or plans to engage in, any activities, associations, or interests that conflict with Employee’s duties, responsibilities, authorities, or obligations for and to the Company Group.

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: Upon execution and delivery by all parties thereto, each Loan Paper will constitute a legal and binding obligation of each Company party thereto, enforceable against it in accordance with its terms, except as enforceability may be limited by applicable Debtor Relief Laws and general principles of equity.

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 legal provision and list the applicable contract clause categories. Provision: This Restricted Stock Grant and Certificate shall be administered in accordance with such administrative regulations as the Committee shall from time to time adopt. It is expressly understood that the Committee is authorized to administer, construe, and make all determinations necessary or appropriate to such administration, all of which shall be binding upon the Employee.

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 legal provision and list the applicable contract clause categories. Provision: Any and all payments by Borrowers hereunder and under the other Loan Documents shall be made free and clear of and without deduction for any and all Taxes, except as required by applicable Legal Requirements. If any Borrower shall be required by applicable Legal Requirements to deduct any Taxes from or in respect of any sum payable hereunder to Lender, the following shall apply: (i) such Borrower shall make such deductions, (ii) such Borrower shall timely pay the full amount deducted to the relevant Governmental Authority in accordance with applicable Legal Requirements and (iii) if the Taxes deducted are Indemnified Taxes, then the sum payable shall be increased as may be necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section 2.2.3 ), Lender receives an amount equal to the sum it would have received had no such deductions been made. Borrowers shall timely pay to the relevant Governmental Authority in accordance with applicable Legal Requirements any Other Taxes. Borrowers shall jointly and severally indemnify Lender for the full amount of any Indemnified Taxes (including Indemnified Taxes imposed or asserted on or attributable to amounts payable under this Section 2.2.3 ) payable or paid by Lender or required to be withheld or deducted from a payment to Lender and any reasonable expenses arising therefrom or with respect thereto, whether or not such Indemnified Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority. A certificate as to the amount of such payment or liability delivered to Borrowers by Lender shall be conclusive absent manifest error. Payments pursuant to this Section 2.2.3 shall be made within ten (10) days after the date Lender makes written demand therefor. Each party’s obligations under this Section 2.2.3 shall survive any assignment of rights by, or the replacement of, a Lender, and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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: This Agreement shall be binding upon and inure to the benefit of and be enforceable by the parties hereto and the Company’s successors and assigns, including any direct or indirect successor by purchase, merger, consolidation, reorganization, liquidation, dissolution, winding up or otherwise with respect to all or substantially all of the business or assets of the Company, and the Executive’s spouse, heirs, and personal and legal representatives.

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: airbnb is not responsible or liable for the availability or accuracy of such third-party services , or the content , products , or services available from such third-party services .

assistant: Limitation of liability
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: Decl.”) ¶ 6. On the basis of this additional review, the agency determined that declassification was warranted for four pages, which it subsequently released, and that the remaining pages still qualified for “Secret”-level classification. Id. The Court is therefore satisfied with the FBI’s “plausible assertion that information [was] properly dassified[.]” Shapiro, 239 F.Supp.3d at 121, 2017 WL 908179 at *13. Turning to Exemption 3, the FBI applied this exemption to redact information that would either “reveal classified intelligence sources and methods [also] protected by Exemption 1 .., [or] unclassified intelligence sources and methods [that] were employed as law enforcement techniques,’ procedures or guidelines[.]” First Hardy Decl. ¶ 57; see Sims, 471 U.S. at 176, 105 S.Ct. 1881 (<HOLDING>). Reacting to the FBI’s somewhat concluso-ry Options: A. holding performance not deficient because counsel gathered a substantial amount of information and then made a reasonable decision not to pursue additional sources B. holding that even when the information is crucial to a litigants case reporters should be compelled to disclose their sources only after the litigant has shown that he has exhausted every reasonable alternative source of information C. holding as a matter of federal law that 1681eb at least sometimes covers incomplete information as well as technically inaccurate information D. holding that the nsa covers unclassified information regarding intelligence sources and methods E. holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments

assistant: The best answer is D. holding that the nsa covers unclassified information regarding intelligence sources and methods
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 June 4, 1984 FTI and Houser filed their present petition, seeking attorneys’ fees in the amount of approximately $385,000. A. The threshold issue is whether this Court has jurisdiction to consider the present petition for attorneys’ fees. Section 504(c)(2) of the EAJA provides that “[a] party dissatisfied with the fee determination ... may petition ... to the court having jurisdiction to review the merits of the underlying decision of the agency____” The SEC maintains that the staff decision not to recommend that the Commission file an injunctive action is “committed to agency discretion,” 15 U.S.C. §§ 77t(b), 78u(d), and is therefore unreviewable. See Kixmiller v. SEC, 492 F.2d 641, 645 (D.C.Cir.1974). Compare Medical Committee for Human Rights v. SEC, 432 F.2d 659 (D.C.Cir.1970) (<HOLDING>), vacated as moot, 404 U.S. 403, 92 S.Ct. 577, Options: A. holding sec decision reviewable when commission has reviewed staff decision B. recognizing that the decision of whether to give a jury instruction is reviewed for abuse of discretion C. holding that the commission applied its technical knowledge and expertise to the facts presented and the commissioners decision should be afforded deference when the commission conducted investigations reviewed accounting practices and solicited comments from several agencies and organizations involved in the regulatory process in the course of balancing the interests of the public utility and the public to reach its decision D. holding that even when there is a conflict of evidence before the commission and the evidence was such that the commission could have reasonably reached a contrary decision the commissions decision was not arbitrary and capricious E. holding that evidence contrary to an administrators decision does not make the decision arbitrary and capricious so long as a reasonable basis appears for the decision

assistant: The best answer is A. holding sec decision reviewable when commission has reviewed staff decision
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: approach is appropriate); see also Waisome, 948 F.2d at 1376 (noting that courts should “consider[ ] not ligibility list from the 2008 exam had not been extended due to the Lopez litigation, but instead had expired three years after its creation, as is typical, not a single black sergeant would have been promoted to lieutenant. 01/06/15 Tr. 144-45. Lastly, the Court views as likely the probability that the 2008 figures underestimate the disparate impact considering that at least some of these test-takers had presumably passed the 2005 sergeants’ exam, which Boston conceded as having a disparate impact on minority candidates. Lopez, at 20; see also Nash v. Consol. City of Jacksonville, Duval Cty., Fla., 895 F.Supp. 1536, 1544 (M.D.Fla.1995) aff'd sub nom., 85 F.3d 643 (11th Cir.1996) (<HOLDING>). All of this evidence combined is enough for Options: A. holding that statistical evidence that was too broad to support a prima facie case of systemic disparate treatment was nevertheless admissible in plaintiffs individual disparate treatment case but noting that a valid statistical analysis must encompass the rel evant labor market B. holding that a petitioner did not make a prima facie showing of illegal discrimination because the petitioner needed to point to more facts than the number of africanamericans struck in order to establish a pattern of strikes supporting an inference of discrimination C. holding that the plaintiff made out a prima facie case of disparate impact despite a lack of statistical significance based on past discrimination which reduced the number of africanamericans eligible to sit for the promotional exam D. holding that in title vii disparate impact case an employer may rebut prima facie case of disparate impact by demonstrating that the employment policy at issue is related to the employees job performance and justified by business necessity E. holding that the mathematical disparity between 197 of africanamericans in the population and 47 of africanamericans on grand jury lists was adequate for a prima facie case under an equal protection analysis

assistant: The best answer is C. holding that the plaintiff made out a prima facie case of disparate impact despite a lack of statistical significance based on past discrimination which reduced the number of africanamericans eligible to sit for the promotional exam
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 agrees to execute and deliver, after the Closing, such forms of corrective deeds, bills of sale or other documentation as the other party may reasonably request to carry out the intent of this Agreement.

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: Interest will accrue on the unpaid balance of the Principal Amount of this Note from the date hereof until the February 15, 2018 at the rate of 12.5% per annum. Interest on any unpaid Principal Amount of this Note outstanding after February 15, 2018 shall accrue at the rate of 16.5% per annum. Interest on this Note shall be computed on the basis of the actual number of days elapsed over a year comprised of 365 days.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither this Agreement, nor any of the rights, interests or obligations hereunder shall be assigned by any of the parties hereto (whether by operation of Law or otherwise) without the prior written consent of the other party, provided, however, that (a) the Purchaser or any Google Party may assign its rights, interests and obligations under this Agreement, in whole or in part, to one or more Affiliates in accordance with this Agreement, including Section 4.2(d), and (b) in the event of such assignment, the assignee shall agree in writing to be bound by the provisions of this Agreement; provided , that no such assignment will relieve the Purchaser of its obligations hereunder prior to the Closing.

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: that a contract which specifies the period of its duration terminates on the expiration of such period. See Shepard v. United States Fidelity & Guar. Co., 210 Kan. 652, 653, 504 P.2d 228, 229 (1972); Bartlett & Co., Grain v. Curry, 1 Kan.App.2d 242, 247, 563 P.2d 1096, 1101 (1977) (citing 17 Am.Jur.2d Contracts § 486, p. 955). The general rule that an insurance policy lapses if the insured fails to pay the renewal premium before the policy expiration date may be modified by a statutory requirement of notice. See Transamerica Ins. Co. v. Tab Transp., Inc., 12 Cal.4th 389, 48 Cal.Rptr.2d 159, 906 P.2d 1341, 1347 (1995) (finding that carrier statute prohibited lapse in particular case); Lopez v. New Jersey Auto., Full Ins. Underwriting Ass’n, 239 N.J.Super. 13, 570 A.2d 994, 995 (1990) (<HOLDING>). Contractual requirements of notice may also Options: A. holding negligent failure to notify regulatory body of lapse of insurance policy did not arise out of underwriting of insurance B. holding that late notice of the bond did not excuse supplier from its obligation to comply with statutory notice requirements C. holding that title automatically vests in the adverse possessor at the end of the statutory period if all the requirements are met D. holding that even if statutory requirements are met courts must inquire into totality of the circumstances to determine if waiver was knowing and voluntary E. recognizing that insurance policy may lapse if the statutory renewal notice requirements are met

assistant: The best answer is E. recognizing that insurance policy may lapse if the statutory renewal notice requirements are met
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notices and all other communications contemplated by this Agreement will be in writing and will be deemed to have been duly given when personally delivered or when mailed by U.S. registered or certified mail, return receipt requested and postage prepaid. In the case of Employee, mailed notices will be addressed to him or her at the home address which he or she most recently communicated to the Company in writing. In the case of the Company, mailed notices will be addressed to its corporate headquarters, and all notices will be directed to the attention of its President.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.18 lists the major insurance policies, as of the Closing Date, for each Credit Party, including issuers and limits. Each of the Credit Parties and each of their respective Subsidiaries and their respective Properties are insured with financially sound and reputable insurance companies or associations of a nature and providing such coverage as is customarily carried by businesses of the size and character of the business of the Credit Parties.

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: If an entity, it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization or formation and has all requisite power and authority to own and operate its properties and to conduct its business, as conducted and planned to be conducted as of the date hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: request for disgorgement due to Olins’s good faith belief that the sales were lawful, or, in the alternative, to offset an unspecified amount in recognition of “legitimate work performed” by Olins on behalf of SpatiaLight and his lost investment in said company. (See Opp. at 19-20.) As the Court noted in its prior Order, however, “an analysis of disgorgement does not necessarily include such additional considerations” as scienter. (See Order at 3.) Further, the authorities on which Olins relies are distinguishable as they stand for the proposition that a defendant need not disgorge what he legitimately earns, and Olins provides no evidence that the proceeds from the subject sales of securities resulted from anything other than unlawful activity. See First Pacific, 142 F.3d at 1192 n. 6 (<HOLDING>). Next, defendants’ request that the Court, in Options: A. holding that termination of contracts by offset results in capital gain or loss B. holding defendants loss of investment inappropriate as offset against illgotten gains C. holding that proof of loss is not evidence of extent of loss and insured is not precluded from showing his damages were greater than shown in proof of loss D. holding that loss of an arm includes loss of the hand E. holding that investment advisors with authority to make investment decisions for their clients have standing

assistant: The best answer is B. holding defendants loss of investment inappropriate as offset against illgotten gains
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: Delgado Guijosa, 144 Wn.2d at 915. Evidence is sufficient to support a verdict if it could persuade a fair-minded, rational person of the validity of the plaintiff’s claim. Delgado Guijosa, 144 Wn.2d at 915. Generally, parties have a duty to read the contracts they sign. And a party who has limited knowledge — but treats that limited knowledge as sufficient — bears the risk of any mistake. Tiegs v. Boise Cascade Corp., 83 Wn. App. 411, 426, 922 P.2d 115 (1996); Bennett, 108 Wn.2d at 395. Accordingly, although no Washington case has dealt di rectly with this issue, the general rule adopted by other jurisdictions is that a person who signs a contract written in an unfamiliar language must attempt to have the contract explained or bears the risk of mistake: A good, and 927 (1972) (<HOLDING>). A more complicated issue arises, however, Options: A. holding plaintiffs with limited proficiency in english could not avoid personal injury release noting plaintiffs could have had englishspeaking daughter translate it B. holding that if plaintiffs could not establish that the particular agent orange causing injury to the plaintiff was manufactured by that defendant then the burden would shift to each defendant to establish that its product could not have caused the plaintiffs injury or alternatively that it should only be responsible for a proportion of the damage C. holding that a plaintiffs belief that a product could fail in the future is not without more a legal injury sufficient to support plaintiffs claim D. holding that free special education services provided by state to plaintiffs child in order to cope with needs caused by personal injuries are collateral source and that defendants could not reduce personal injury damages because of such benefits E. holding that a plaintiffs experts differential diagnosis must at least consider other factors that could have been the sole cause of the plaintiffs injury

assistant: The best answer is A. holding plaintiffs with limited proficiency in english could not avoid personal injury release noting plaintiffs could have had englishspeaking daughter translate it
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 Restricted Subsidiaries to, 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, licenses, permits, privileges and franchises material to the conduct of its business except in each case (i) where the failure to do so would not reasonably be expected to result in a Material Adverse Effect or (ii) as such action is not prohibited under Sections Section 6.03, 6.04 or 6.05.

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: The obligations of the Company under this Section 6 shall be in addition to any liability which the Company may otherwise have. The indemnity and contribution agreements of the parties contained in this Section 6 and the covenants, warranties and representations of the Company contained in this Agreement shall remain operative and in full force and effect regardless of (i) any termination of this Agreement, (ii) any investigation made by or on behalf of the Placement Agent, any person who controls the Placement Agent within the meaning of either the Securities Act or the Exchange Act or any affiliate of the Placement Agent, or by or on behalf of the Company, its directors or officers or any person who controls the Company within the meaning of either the Securities Act or the Exchange Act, and (iii) the issuance and delivery of the Securities. The Company and the Placement Agent agree promptly to notify each other of the commencement of any proceeding against it and, in the case of the Company, against any of the Company’s officers or directors in connection with the issuance and sale of the Securities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: its own cross-elasticity analysis to demonstrate the district court’s approach is wrong. It merely asserts the court’s definition was inadequately supported and thus cannot stand. But this issue was for Buccaneer to resolve in the first instance, and the district court’s independent foray into market definition does not absolve Buccaneer of that burden. See Campfield, 532 F.3d at 1118. And the cases Buccaneer relies upon, in which this court reversed trial courts’ market definitions as inadequately supported by interchangeability and cross-elasticity principles, do not suggest otherwise. See Telecor, 305 F.3d at 1131-32; Westman Comm’n Co. v. Hobart Int’l, Inc., 796 F.2d 1216, 1221 (10th Cir. 1986). In fact, Telecor squarely cuts against Buccaneer’s position. See 305 F.3d at 1131-32 (<HOLDING>). Finally, even if we could infer from the Options: A. holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction B. holding summary judgment appropriate where plaintiff failed to establish product identification C. holding district court erred in granting summary judgment for plaintiff as to scope of relevant product market because plaintiff had not alleged sufficient facts to satisfy its burden of showing products were interchangeable D. holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion E. holding plaintiff to his burden of persuasion on appeal of summary judgment

assistant: The best answer is C. holding district court erred in granting summary judgment for plaintiff as to scope of relevant product market because plaintiff had not alleged sufficient facts to satisfy its burden of showing products were interchangeable
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: arguably below the norm. See Meyenburg v. Exxon Mobil Corp., No. 05-cv-15 DGW, 2006 WL 2191422, at *2 (S.D.Ill. July 31, 2006) (“33 1/3% to 40% (plus the cost of litigation) is the standard contingent fee percentages in this legal marketplace for comparable commercial litigation”). Indeed, using the market percentage method in the courts of the Seventh Circuit, as one court has observed, results in awards of attorney’s fees “equal to approximately one-third or more of the recovery.” Teamsters Local Union No. 601 v. Inter-Rail Transport, Inc., 02-cv-1109 DRH, 2004 WL 768658, at *1 (S.D.Ill. Mar. 19, 2004) (“In this Circuit, a fee award of thirty-three and one-third (33 1/3%) in a class action in [sic] not uncommon”); see also In re Mexico Money Transfer Litig., 164 F.Supp.2d at 1033 (<HOLDING>); Spicer v. Chicago Bd. Options Exch., Inc., Options: A. holding proper basis for award of fees B. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees C. holding that a class action tolls the statute of limitations only for subsequent individual actions not for subsequent class actions D. recognizing the established 30 benchmark for an award of fees in class actions E. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency

assistant: The best answer is D. recognizing the established 30 benchmark for an award of fees in class actions