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: what an arbitration award resolved, it could hardly delineate every single right and duty that each party had with respect to all others. Nor is it open to Noble to argue that there is a middle ground, according to which the arbitration award, to be final, must resolve not all issues between the parties but all issues relating to the relevant transaction and occurrence. This court has held that an award is final when it resolves the issues presented for arbitration and does not determine other issues beyond its delegated scope of authority, even when those other issues are relevant to the same transaction giving rise to the issues that the arbitration did address. See United States v. American Society of Composers, Authors & Publishers (In re Karmen), 32 F.3d 727, 732-33 (2d Cir.1994) (<HOLDING>). Accordingly, we conclude that Conn-Tech is Options: A. holding that under the filed rate doctrine a question regarding reasonable rates should be addressed to the department of insurance and that the rate plaintiff was charged is conclusively presumed reasonable under the filed rate doctrine B. holding that an arbitration decision that invalidated a rate increase but declined to set a new rate was final when the arbitration panels authority did not extend to setting new rates C. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate D. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate E. holding that the proper rate for prejudgment interest is the rate fixed by the parties in a contract

assistant: The best answer is B. holding that an arbitration decision that invalidated a rate increase but declined to set a new rate was final when the arbitration panels authority did not extend to setting new rates
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 Participant acknowledges that the Company shall require the Participant to pay the Company in cash the amount of any tax or other amount required by any governmental authority to be withheld and paid over by the Company to such authority for the account of the Participant, and the Participant agrees, as a condition to the grant of the Option and delivery of the Shares or any other benefit, to satisfy such obligations. Notwithstanding the foregoing, the Administrator may in its discretion establish procedures to permit the Participant to satisfy such obligation in whole or in part, and any other local, state, federal, foreign or other income tax obligations relating to the Option, by electing (the “ election ”) to have the Company withhold shares of Common Stock from the Shares to which the Participant is otherwise entitled. The number of shares to be withheld shall have a Fair Market Value as of the date that the amount of tax to be withheld is determined as nearly equal as possible to (but not exceeding) the amount of such obligations being satisfied. Each election must be made in writing to the Administrator in accordance with election procedures established by the Administrator.

assistant: Withholdings
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: BALC may, at any time and without the consent of, but with notice (to the extent required pursuant to Section 8.5 of the Agreement) to, Guarantor, assign all or any portion of its rights hereunder to any other party to which all or any portion of the Obligations are transferred, assigned or negotiated (an "Assignee" ) but only in connection with the assignment of the Obligations. Guarantor shall promptly execute and deliver to BALC or its Assignee an acknowledgment of assignment in form and substance satisfactory to the requesting party which, among other things, reaffirms the basic terms and conditions of the Obligations and this Guaranty, and shall comply with the reasonable demands of BALC or any such Assignee in order to perfect any such assignment or transfer. This Guaranty shall not be deemed to create any right in any party except as provided herein and shall inure to the benefit of, and be binding upon, the successors and assigns of Guarantor and BALC, provided that Guarantor shall not assign or delegate any of its rights or obligations hereunder without the prior written consent of BALC.

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: (i) grant, extend, amend (except as required in the diligent prosecution of the Proprietary Rights owned (beneficially, and of record where applicable) by or developed for the Company and its Subsidiaries), waive, or modify any material rights in or to, sell, assign, lease, transfer, license, let lapse, abandon, cancel, or otherwise dispose of, or extend or exercise any option to sell, assign, lease, transfer, license, or otherwise dispose of, any Proprietary Rights, or (ii) fail to exercise a right of renewal or extension under any material agreement under which the Company or any of its Subsidiaries is licensed or otherwise permitted by a third party to use any Proprietary Rights (other than "shrink wrap" or "click through" licenses).

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: upon any termination of these terms or suspension , termination , or discontinuation of the fitbit service or your account , the following provisions of these terms will survive : sections 1 , 5 , 6 , 9 , 10 , 11 , 13 , 14 , 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24 , 25 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Group Member owns or has the right to use all the patents, trademarks, permits, domain names, service marks, trade names, copyrights, licenses, franchises, inventions, trade secrets, proprietary information and know-how of any type, whether or not written (including, but not limited to, rights in computer programs and databases) and formulas, or rights with respect to the foregoing, and has obtained assignments of all leases, licenses and other rights of whatever nature, necessary for the present conduct of its business, without any known conflict with the rights of others which, or the failure to own or have which, as the case may be, could reasonably be expected, either individually or in the aggregate, to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Executive incurs a Disability, the Company may give the Executive written notice of its intention to terminate the Executive’s employment. In that event, the Executive’s employment with the Company shall terminate, effective on the later of the thirtieth (30 th ) day after receipt of such notice by the Executive or the date specified in such notice; provided that within the thirty (30) day period following receipt of such notice, the Executive shall not have returned to full-time performance of the Executive’s duties hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of each Option will be fixed by the Committee on the Date of Grant, provided that the term will not exceed ten (10) years from the Date of Grant, and the term of an Incentive Stock Option granted to any Grantee who on the Date of Grant, owns more than ten percent (10%) of the total combined voting power of all classes of stock of the Company or any Subsidiary, will not exceed five (5) years from the Date of Grant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution and delivery of this Amendment are valid and legally binding obligations of Borrower and Guarantors enforceable in accordance with the respective terms and provisions hereof, except as enforceability is limited by bankruptcy, insolvency, reorganization, moratorium or other laws relating to or affecting generally the enforcement of creditors’ rights and the effect of general principles of equity.

assistant: Enforceability
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 Addendum, in addition to the Participation Agreement and the Plan, constitutes the entire agreement between the Parties concerning the subject matter hereof, and supersedes all prior negotiations, undertakings, agreements, and arrangements with respect thereto, whether written or oral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No notice to or demand on, or consent by, any Guarantor in any case shall, of itself, entitle any Guarantor to any other or further notice or demand, or right to grant or refuse consent, in similar or other circumstances.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed in accordance with, the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Without limiting anything in this Section 3 the Company will use its commercially reasonable efforts and continue to cooperate with CAC and other parties in the implementation of the Restructuring, including providing, making available and/or providing access to the premises, properties, businesses, operations, books and records and other information that is reasonably requested in connection with implementing the Restructuring (subject to existing confidentiality obligations among various parties, attorney/client and other privileges and immunities and other customary limitations appropriate under the circumstances) and responding timely, and causing applicable personnel to respond timely, to such requests.

assistant: Cooperation
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: Timely pay and discharge when due all of its Indebtedness and obligations, including without limitation, all assessments, taxes, governmental charges, levies, Liens and claims, of every kind and nature, imposed upon Borrower, its Subsidiaries or any of their properties, income, or profits, that, if not paid, could reasonably be expected to have a Material Adverse Change prior to the earlier of the date on which such obligation would become delinquent or the date penalties would attach, and all lawful claims that, if unpaid, might become a Lien or charge upon any of Borrower's or its Subsidiary's properties, income, or profits; provided, however, Borrower and its Subsidiaries will not be required to pay and discharge any such assessment, tax, government charge, levy, Lien or claim so long as (a) the legality of the same will be contested in good faith by appropriate judicial, administrative or other legal proceedings instituted with reasonable promptness and diligently conducted, and (b) Borrower and its Subsidiaries will have established on their books adequate reserves with respect to such contested assessment, tax, government charge, levy, Lien or claim in accordance with GAAP.

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: Neither the execution, delivery and performance of the Transaction Documents by the Credit Parties party thereto, nor the consummation by the Credit Parties of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Securities) will (i) result in a violation of any Credit Party’s or any Subsidiary’s certificate of incorporation, certificate of formation, bylaws, limited liability company agreement or other governing or constitutional documents, or the terms of any Capital Stock or other Equity Interests of any Credit Party or any of their Subsidiaries; (ii) conflict with, or constitute a breach or default (or an event which, with notice or lapse of time or both, would become a breach or default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any Consumer Loan Agreement or any other agreement, indenture or instrument to which any Credit Party or any of their Subsidiaries is a party; (iii) result in any “price reset” or other material change in or other modification to the terms of any Indebtedness, Equity Interests or other securities of any Credit Party or any of their Subsidiaries; or (iv) result in a violation of any law, rule, regulation, order, judgment or decree (including, without limitation, (A) any Environmental Laws, (B) any Requirements or (C) any federal or state securities laws).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: visitation modification resulted from changes in the parties’ and the children’s circumstances. As a result of appellant relocating to Minnesota, respondent has less time with the children. We also note that since the stipulation was entered, all three of the children have begun school and have less free time to spend at home. Under the current circumstances, the stipulated visitation schedule allows respondent only about three hours of free time with her children on Sunday, Monday and Wednesday evenings. Although visitation is necessary to maintain the parent-child relationship between the child and the noncustodial parent, it is also important to maintain the parent-child relationship between the child and the custodial parent. See Bear v. Bear, 415 N.W.2d 389, 393 (Minn.App.1987) (<HOLDING>); Clark, 846 N.W.2d at 385 (intent of Options: A. holding that where interference with visitation becomes so pervasive as to harm the childs close relationship with the noncustodial parent there can be a conclusion drawn that the actions of the custodial parent show a disregard for the best interests of the child warranting a change of custody B. recognizing the fundamental nature of the right to spend personal funds for campaign speech C. holding that parent has custodial right to prevent visitation with nonparent D. recognizing the reasonable desire on the part of a working custodial parent to spend some free weekend time with the minor child E. recognizing duty of parent to control conduct of child

assistant: The best answer is D. recognizing the reasonable desire on the part of a working custodial parent to spend some free weekend time with the minor child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to such other rights of indemnification as they may have as members of the Board or as Officers or Employees of the Company or a Related Entity, members of the Board and any Officers or Employees of the Company or a Related Entity to whom authority to act for the Board, the Administrator or the Company is delegated shall be defended and indemnified by the Company to the extent permitted by law on an after-tax basis against all reasonable expenses, including attorneys’ fees, actually and necessarily incurred in connection with the defense of any claim, investigation, action, suit or proceeding, or in connection with any appeal therein, to which they or any of them may be a party by reason of any action taken or failure to act under or in connection with the Plan, or any Award granted hereunder, and against all amounts paid by them in settlement thereof (provided such settlement is approved by the Company) or paid by them in satisfaction of a judgment in any such claim, investigation, action, suit or proceeding, except in relation to matters as to which it shall be adjudged in such claim, investigation, action, suit or proceeding that such person is liable for gross negligence, bad faith or intentional misconduct; provided, however, that within thirty (30) days after the institution of such claim, investigation, action, suit or proceeding, such person shall offer to the Company, in writing, the opportunity at the Company’s expense to defend the same. To the extent required by Applicable Laws, the payment of expenses incurred in advance of the final disposition of a proceeding shall be made only upon delivery to the Company of an undertaking by or on behalf of the individual to repay such amount if it shall ultimately be determined that he is not entitled to be indemnified by the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No waiver of any provision hereof shall be effective unless made in writing and signed by the waiving party. The failure of either party to require the performance of any term or obligation of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

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: of Lakewood, 699 F.2d 303, 308 (6th Cir.), cert. denied, 464 U.S. 815, 104 S.Ct. 72, 78 L.Ed.2d 85 (1983); Stratford, 542 F.Supp. at 1014). See also Harris v. City of Akron, 20 F.3d 1396, 1405 (6th. Cir.) (“This court has recognized two types of substantive due process violations: (1) official acts that are unreasonable and arbitrary and ‘may not take place no matter what procedural protections accompany them,’ and (2) official conduct that ‘shocks the conscience.’ ”) (quoting Wilson v. Beebe, 770 F.2d 578, 586 (6th Cir.1985) (en banc)), cert. denied, — U.S.-, 115 S.Ct. 512, 130 L.Ed.2d 419 (1994). According to Curto, 954 F.2d at 1243, under this category of substantive due process analysis, “an ordinance or regulation is invalid if it fails to advance a legi , 1350-51 (6th Cir.1992) (<HOLDING>); Holthaus v. Board of Educ., Cincinnati Pub. Options: A. holding that plaintiff state employees contract right to be discharged only for cause was not protected by due process clause because it did not rise to level of fundamental right B. holding that an infringement on the defendants fundamental due process right in the form of a comment on the defendants silence by the prosecution did not rise to level of plain error C. holding that plaintiff state employees contractual right to promotion was not protected by constitutional guarantee of substantive due process because right was not fundamental D. holding right to be fundamental E. holding that the right to drive is not a fundamental right

assistant: The best answer is A. holding that plaintiff state employees contract right to be discharged only for cause was not protected by due process clause because it did not rise to level of fundamental right
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 3.3 , the execution, delivery and performance of the Exchange Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the New Note and reservation for issuance and issuance of the New Conversion Shares) will not (i) result in a violation of the Certificate of Incorporation (as defined below) or any other organizational documents of the Company or any of its Subsidiaries, any capital stock of the Company or any of its Subsidiaries or Bylaws (as defined below) of the Company or any of its Subsidiaries, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which the Company or any of its Subsidiaries is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including foreign, federal and state securities laws and regulations and the rules and regulations of the Nasdaq Capital Market (the “ Principal Market ”) and including all applicable federal laws, rules and regulations) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected except, in the case of clause (ii) or (iii) above, to the extent such violations that would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall continue as a stand-alone business and autonomous business unit owned by Parent, with the same business name; provided , that (1) all Company systems (finance, accounting, human resources, benefits, payroll, legal contract administration, IP management, cash management, banking and other) shall be as fully integrated into, or replaced with, Parent’s systems as Parent may reasonably request from time to time, with at least the same cooperation from the Company and the Bonus Plan Participants as is required by Parent of any of its other Subsidiaries or any of its employees, (2) one or more designees of Parent will be the only members of the board of directors of the Company, and (3) the stand-alone operation and autonomy of the Company will be impacted by the covenants in this Section 3.1 and the Parent Protective Provisions (as defined below).

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 legal provision and list the applicable contract clause categories. Provision: When used herein, the phrase “to the knowledge of” the Company or “known to” the Company or any similar phrase means the actual knowledge of the Chief Executive Officer or the Chief Financial Officer of the Company and includes the knowledge that such officers would have obtained of the matter represented after reasonable due and diligent inquiry of those employees of the Company whom such officers reasonably believe would have actual knowledge of the matters represented.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Where specific language is used to clarify by example a general statement contained herein, such specific language shall not be deemed to modify, limit or restrict in any manner the construction of the general statement to which it relates. The language used in this Release Agreement shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against any party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All computations of interest for Base Rate Loans (including Base Rate Loans determined by reference to the Eurodollar Rate) shall be made on the basis of a year of three hundred sixty-five (365) or three hundred sixty-six (366) days, as the case may be, and actual days elapsed. All other computations of fees and interest shall be made on the basis of a 360-day year and actual days elapsed (which results in more fees or interest, as applicable, being paid than if computed on the basis of a three hundred sixty-five (365) day year). Interest shall accrue on each Loan for the day on which the Loan is made, and shall not accrue on a Loan, or any portion thereof, for the day on which the Loan or such portion is paid, provided that any Loan that is repaid on the same day on which it is made shall, subject to Section 2.11(a) , bear interest for one (1) day. Each determination by the Lender of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the raising of roosters, (3) there are no disputed material facts, and (4) Plaintiffs have failed to overcome the presumption that the County’s anti-cockfighting ordinances are valid. In requesting a declaratory judgment as to whether cockfighting is a protected native Hawaiian right, Plaintiffs urge this court to “determine their rights prior to having to suffer actual criminal prosecution, which is threatened and imminent.” Because we believe Plaintiffs’ request is not appropriate for a declaratory judgment action, we affirm summary judgment on behalf of the State and County, but on different grounds. See Waianae Model Neighborhood Area Ass’n v. City & County of Honolulu, 55 Haw. 40, 43, 514 P.2d 861, 864 (1973); McCarthy v. Yempuku, 5 Haw.App. 45, 52, 678 P.2d 11, 16 (1984) (<HOLDING>). III. It is evident, as mentioned above in Options: A. holding that the trial court may not grant summary judgment on a ground not raised in the motion B. recognizing that this court may affirm on any ground supported by the record even if it differs from the reasoning of the district court C. holding that appellate court can uphold a trial courts ruling on any ground appearing in the record whether urged in the trial court or not D. recognizing that the court of appeals can affirm a grant on summary judgment on any basis made apparent by the record E. holding that an appellate court may affirm a grant of summary judgment on any ground appearing in the record even if the circuit court did not rely on it

assistant: The best answer is E. holding that an appellate court may affirm a grant of summary judgment on any ground appearing in the record even if the circuit court did not rely on 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: This Lease may be executed in counterpart. All such executed counterparts shall constitute the same agreement, and the signature of any party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart.

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: 25 feet____ At 8:30 p.m., it was very dark, and Mr. Hernandez could clearly see the lights of the marina, but because there were no markings on the trail, and no railing along the cliff, he was unable to see that the trail curved, and stepped off the edge of the cliff. Hernandez deviated from this account at trial by testifying that there was no trail and that he stepped off the edge of a retaining wall, not a cliff. The state accordingly used the notice of claim to impeach Hernandez’s new version of the events. ¶ 9 Evidence impeaching a witness’s credibility is always relevant. See State v. McCall, 139 Ariz. 147, 158, 677 P.2d 920, 931 (1983). Prior inconsistent statements are admissible for this purpose. See State v. Saenz, 88 Ariz. 154, 156-57, 353 P.2d 1026, 1028-29 (1960) (<HOLDING>); Parkinson v. Farmers Ins. Co., 122 Ariz. 343, Options: A. holding that police officers testimony as to the victims prior inconsistent statements made to him on day of the alleged crime were not admissible as substantive evidence and could not be used to support a finding of guilt B. holding that a police officers notes were relevant as prior and possibly inconsistent statements made and recorded by the witness C. holding that an fbi agents notes were not a witness statement within the act because there was no evidence that the witness adopted or approved what was recorded D. holding that denying admission of police officers typewritten notes of witnesss statement was proper where witness never adopted statements as true and accurate E. holding that a witness could testify about statements made to him by a police department investigator because the statements were an admission by partyopponent and were thus not excluded by the hearsay rule

assistant: The best answer is B. holding that a police officers notes were relevant as prior and possibly inconsistent statements made and recorded by the witness
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 4(r) sets forth each instance in which (i) Target, a Subsidiary, or any of its assets, rights or properties is subject to any outstanding Governmental Order, or any unsatisfied judgment, penalty, charge or award, and (ii) Target, a Subsidiary, or any of their respective Representatives in their capacities as such, is, or within the last three (3) years is or has been a party to any claim, action, arbitration, investigation, suit, grievance, unfair labor practice charge, administrative charge, proceeding, complaint, demand or hearing, of, in, or before any Governmental Entity or with any third party (“ Action ”). Except as set forth on Schedule 4(r) , to the Knowledge of Target, no Action is threatened (including cease and desist letters or invitations to take a patent license) against Target, a Subsidiary, or any of their respective Representatives in their capacities as such, or which would reasonably be expected to affect the assets, rights or properties of Target or any Subsidiary.

assistant: Litigations
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: facts that, if presented at trial, could have undermined the testimony of the State medical examiner regarding the cause of death of the victims. Davis also failed to proffer in his Rule 32 petition or at his evidentiary hearing a single cross-examination question his trial counsels could have asked that would have impeached the State’s pathologist. Further, since Davis’s defense was that he did not participate in the shootings at Boswell, Sr.’s house, the Court cannot think of why challenging the State’s evidence of how the victims were murdered would have been beneficial to Davis’s defense. “Because Davis did not present any evidence to prove this allegation of ineffective assistance, the Court finds Davis has abandoned it. See Burgess v. State, [962 So.2d 272 (Ala.Crim.App.2005) ] (<HOLDING>). In the alternative, the Court finds Davis Options: A. holding burgess had abandoned claim his trial counsel was ineffective for failing to object to victimimpact evidence introduced at sentencing where he did not present evidence at the rule 32 hearing to support it B. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel C. holding that counsel was not ineffective for failing to present mitigating evidence at sentencing because the trial record clearly indicated that the sentencing judge was aware of many of the mitigators that counsel was presenting to this court on appeal D. holding counsel ineffective for failing to investigate and present mitigating evidence E. holding trial counsel ineffective for failing to investigate and present evidence of the appellants good conduct in prison

assistant: The best answer is A. holding burgess had abandoned claim his trial counsel was ineffective for failing to object to victimimpact evidence introduced at sentencing where he did not present evidence at the rule 32 hearing to support 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 case excerpt and choose the best holding from the options. Case excerpt: nonrenewal of [the plaintiffs] annual contract [to be] an adverse employment action”); Bleeker v. Vilsack, 468 Fed.Appx. 731, 732 (9th Cir.2012) (“Even inaction — a failure to renew or extend an employment contract — can count as an .adverse employment action in some circumstances.”); Leibowitz v. Cornell Univ., 584 F.3d 487, 501 (2nd Cir.2009) (“An employee seeking a renewal of an employment contract, just like a new applicant or a rehire after a layoff, suffers an adverse employment action when an employment opportunity is de 2d 955, 975 (W.D.Wis.2005) (“Defendant’s nonrenewal of [plaintiffs] contract constitutes an adverse employment action.”); but see Ewald v. Royal Norwegian Embassy, 2 F.Supp.3d 1101, 1120-21, No. 11-CV-2116 (SRN/SER), 2014 WL 896726, at *14 (D.Minn. Mar. 6, 2014) (<HOLDING>). In addition, at least one circuit has Options: A. holding that louisiana had jurisdiction over a modified contract of employment where the original employment contract was formed in texas but additional consideration for employment was negotiated in louisiana B. holding that a contract to sell real property was unenforceable because it did not contain a sufficient description of land subject to contract C. holding that employee handbook did not give rise to implied contract where it stated that it was not a contract and that employment was terminable at will D. holding that nonrenewal of threeyear contract that did not contain any provision for renewal was not a material employment disadvantage E. holding that no reporters record was required in suit to recover damages for breach of employment contract because the claim for damages was liquidated and proved by the employment contract attached to the petition

assistant: The best answer is D. holding that nonrenewal of threeyear contract that did not contain any provision for renewal was not a material employment disadvantage
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his conviction, sentence, or restitution order to any court on any ground. He contends that the inclusion of “restitution” suggests that “sentence” refers only to the period of incarceration. (If “sentence” included “restitution,” then the plea might include superfluous terms— a result we disfavor. See United States v. Rourke, 74 F.3d 802, 807 (7th Cir.1996)). Thus, he argues, the conditions of supervised release are not part of his “sentence” as that term is used in his plea agreement. Cf. id. at 806 (significant ambiguities in a plea agreement should be construed in favor of the defendant). However, Adkins’ argument conflicts with our precedent, which suggests that terms of supervised release are part of the sentence. See United States v. Sines, 303 F.3d 793, 798-99 (7th Cir.2002) (<HOLDING>); see also id. at 799 n. 3 (“[W]e find that Mr. Options: A. holding that an express waiver of the right to appeal the sentence was invalid because the trial court had failed properly to advise the defendant and that the defendant therefore did not waive his right to appeal the legality of his sentence B. holding that under subsection al as then written the defendant had no right to appeal whether his sentence was supported by evidence presented because he entered into a plea agreement as to the sentence C. holding that the failure to notify the defendant of the term of supervised release and its possible effect on his sentence was not harmless error where njothing in the record suggests that the defendant understood that his sentence would include supervised release andthere was no written plea agreement by which he might have been warned D. holding that the failure to notify the defendant of the term of supervised release and its possible effect on his sentence was not harmless error where nothing in the record suggests that the defendant understood that his sentence would include supervised release and there was no written plea agreement by which he might have been warned E. holding that the defendant waived the right to appeal his sentence including the terms and conditions of his supervised release when he agreed to a plea agreement that said he expressly waives his right to appeal the conviction and sentence imposed on any ground emphasis added

assistant: The best answer is E. holding that the defendant waived the right to appeal his sentence including the terms and conditions of his supervised release when he agreed to a plea agreement that said he expressly waives his right to appeal the conviction and sentence imposed on any ground emphasis added
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the State may not move for a new trial after the final bond forfeiture and that such an attempt is a nullity.” Id. The court therefore concluded that the State did not have another adequate remedy for the court’s erroneous ruling. Id. The issue presented in Sellers was whether the State may appeal in a bond forfeiture proceeding. To resolve this issue, the court examined constitutional and statutory history. The court noted that the Texas Constitution of 1876 prohibited the State from appealing in criminal cases. Sellers, 790 S.W.2d at 318. Based on this prohibition, courts held that the State could not appeal in bond forfeiture cases, in spite of a statute that expressly authorized the State to appeal in such cases. Id. at 318-19; see also State v. Ward, 9 Tex.App. 462, 462-63 (1880) (<HOLDING>). The Legislature eventually acceded to the Options: A. holding discovery rules apply to civil forfeiture proceedings B. holding that exclusionary rule applies to civil forfeiture proceedings C. holding that exclusionary rule does apply to civil forfeiture proceedings D. holding that statute authorizing appeal did not render bond forfeiture proceedings civil or negate constitutional prohibition on appeals by the state in criminal cases E. recognizing that no bond or a nominal bond may be appropriate in cases involving the public interest

assistant: The best answer is D. holding that statute authorizing appeal did not render bond forfeiture proceedings civil or negate constitutional prohibition on appeals by the state in criminal cases
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: linden lab 's receipt of your unsolicited ideas and materials is not an admission by linden lab of their novelty , priority , or originality , and it does not impair linden lab 's right to contest existing or future intellectual property rights relating to your unsolicited ideas and materials .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: please see our privacy policy , available at http://www.nianticlabs.com/privacy/pokemongo/en/ for more information on how we collect , use , and disclose information from our users .

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

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

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue.” TEX. R. EVID. 701. 10 . Detective Reynolds testified that he had worked for the Harris County Sheriff’s Department for over twenty years, had been a detective for twelve years, and had been assigned to the Homicide Division for ten years, where he had been involved in investigating hundreds of homicides. 11 . “Inference” has been defined as "[a] conclusion reached by considering other facts and deducing a logical consequence from them” and”[t]he process by which such a conclusion is reached.” BLACK’S LAW DICTIONARY 793 (8th ed.2004). 12 . The medical examiner w 11th Cir.1993) (<HOLDING>); Carson v. Polley, 689 F.2d 562, 579 (5th Options: A. holding that use of tangible property must be proximate cause of injury and that property does not cause injury if it does no more than furnish the condition that makes the injury possible B. holding that although cause of dystonia unknown experts opinion regarding causation based on temporal relationship between plaintiffs workrelated injury and onset of condition was sufficient to support commission s finding that dystonia was caused by compensable injury C. holding experts demonstration of shaken baby syndrome using infant mannequin was not substantially similar when mannequin had to be shaken harder than in real life and number of oscillations of head needed to cause injury was unknown D. holding egregious conduct occurred when infant was shaken forcefully enough to break bones E. holding that negligence must be the proximate cause of injury

assistant: The best answer is C. holding experts demonstration of shaken baby syndrome using infant mannequin was not substantially similar when mannequin had to be shaken harder than in real life and number of oscillations of head needed to cause injury was unknown