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: Any waiver, forbearance, failure or delay by Lender in exercising, or the exercise or beginning of exercise by Lender of any right, power or remedy, simultaneous or later, shall not preclude the further, simultaneous or later exercise thereof and every right, power or remedy of Lender shall continue in full force and effect until such right, power or remedy is specifically waived in a writing executed by Lender. The allowance by Lender of Borrower to exceed the Commitment Amount or any applicable Sublimit from time to time is not a waiver of the Commitment Amount or such applicable Sublimit as set forth in this Agreement unless such action is evidenced by a written amendment hereto. The acceptance of partial payments on an obligation is not a waiver of Lender’s right to demand full payment of such obligation unless there is a writing signed by Lender that specifically states that the acceptance of partial payments is a waiver of Lender’s right to make demand for full payment.

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 legal provision and list the applicable contract clause categories. Provision: The Borrower will not, nor will it permit any Subsidiary to, enter into any transaction or series of transactions with any Affiliate (other than, in the case of the Borrower, any Subsidiary, and in the case of a Subsidiary, the Borrower or another Subsidiary) other than in the ordinary course of business of and pursuant to the reasonable requirements of the Borrower’s or such Subsidiary’s business and upon fair and reasonable terms no less favorable to the Borrower or such Subsidiary than would be obtained in a comparable arm’s-length transaction with a Person other than an Affiliate, except (i) sales of goods to an Affiliate for use or distribution outside the United States that in the good faith judgment of the Borrower comply with any applicable legal requirements of the Code, or (ii) agreements and transactions with and payments to officers, directors and shareholders that are either (A) entered into in the ordinary course of business and not prohibited by any of the provisions of this Agreement, or (B) entered into outside the ordinary course of business, approved by the directors or shareholders of the Borrower, and not prohibited by any of the provisions of this Agreement or in violation of any law, rule or regulation.

assistant: Transactions With Affiliates
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 required by law or as otherwise becomes public, Indemnitee agrees to keep confidential any information that arises in connection with this Agreement, including but not limited to claims for indemnification or the advance payment or reimbursement of Expenses, amounts paid or payable under this Agreement and any communications between the parties hereto, except that Indemnitee may disclose such information to its agents and advisors (including financial advisors, attorneys and accountants) on a need to know basis, provided that such persons observe the confidentiality terms of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him from filing his petition on time. To be eligible for equitable tolling, a petitioner must “demonstrate a causal relationship between the extraordinary circumstances on which the claim for equitable tolling rests and the lateness of his filing, a demonstration that cannot be made if the petitioner, acting with reasonable diligence, could have filed on time notwithstanding the extraordinary circumstances.” Valverde, 224 F.3d at 134. The district court observed that Rivera still had a couple of weeks to file before his § 2255 motion was due once he received the requested documents. The court acted within its discretion in concluding that this was enough time for Rivera to have filed a timely, even if unpolished, petition. See Belot v. Burge, 490 F.3d 201, 207-08 (2d Cir.2007) (<HOLDING>). [2] The district court did not abuse its Options: A. holding that it was within the courts reasonable discretion to conclude that a petitioner was not entitled to equitable tolling because he ought reasonably to have begun his preparation earlier and filed an unpolished but timely petition rather than wait to file his more polished petition until the week that the deadline expired internal quotation marks and alterations omitted B. holding equitable tolling was not warranted where counsel misadvised client as to the deadline to file a habeas petition C. holding that a petitioner was not entitled to equitable tolling where he waited six months to file a federal petition after any state misconduct ended D. holding that the petitioner was not entitled to equitable tolling where he filed his habeas petition more than two months late E. holding that the habeas petition did not qualify for equitable tolling because the petitioner discovered that his attorney had lied about filing a petition in early 2008 and yet the petitioner did not file one himself until nearly two years later

assistant: The best answer is A. holding that it was within the courts reasonable discretion to conclude that a petitioner was not entitled to equitable tolling because he ought reasonably to have begun his preparation earlier and filed an unpolished but timely petition rather than wait to file his more polished petition until the week that the deadline expired internal quotation marks and alterations omitted
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Position; Reporting; Location. During the Term, Executive shall serve as _________________, _______________________. Executive’s principal work location shall be _______________________ commencing on a date to be determined by Olin. Olin shall notify Executive when the relocation of the Executive’s principal work location ____________________ shall occur (including providing Executive with a relocation package in accordance with Olin practices). Executive acknowledges that Executive shall need to make frequent visits to the St. Louis, Missouri company headquarters prior to such relocation. Executive shall report directly to the ___________________________________.

assistant: Positions
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 he is forced to quit involuntarily.” Terry v. Ashcroft, 336 F.3d at 151-52 (and cases cited therein). Case láw generally focuses on two parts of this standard: the employer’s intentional conduct and the intolerable level of the work conditions. Focusing first on the intent requirement, we recognize that in some constructive discharge cases, plaintiffs have been able to establish that employers acted'with the specific intent to prompt employees’ resignations. See, e.g., Kirsch v. Fleet Street Ltd., 148 F.3d 149, 161-62 (2d Cir.1998) (upholding jury finding of constructive discharge where evidence indicated that employer nodded affirmatively when plaintiff suggested that the company was trying to force her to leave); Lopez v. S.B. Thomas, Inc., 831 F.2d 1184, 1188 (2d Cir.1987) (<HOLDING>), prompting some district courts in this Options: A. holding that an attorneys performance was deficient because he failed to investigate and reasonably select the defense used at trial B. holding that an employee might be entitled to overtime where he was told that he would not be paid overtime but was not told to limit his hours C. holding constructive discharge supported by evidence that supervisor told employer he would be fired at the end of a probationary period no matter what he did to improve his allegedly deficient performance D. holding that a hospital employee could not be convicted of terroristic threats after he told one of his supervisors that he wanted a transfer because he felt like killing another supervisor and wrote a letter to human resources to that effect because he went out of his way to avoid contact with the supervisor he disliked and clearly did not intend for the letter to be delivered to her E. holding that employer was entitled to discharge employee after he threatened life of his supervisor even if such misconduct was caused by employees disability

assistant: The best answer is C. holding constructive discharge supported by evidence that supervisor told employer he would be fired at the end of a probationary period no matter what he did to improve his allegedly deficient performance
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: days after the filing of such an indictment. The Act itself places broad discretion in the District Court to grant a continuance when necessary to allow further preparation.” Id.; see also id. at 240-41, 106 S.Ct. 555 (Blackmun, J., concurring in the judgment) (“[A] continuance should be granted where there is a meaningful possibility that a superseding indictment will require an alteration or adjustment in the planned defense.”). Thus, under the Speedy Trial Act, a defendant’s remedy when a superseding indictment adds charges that require further trial preparation is to seek a continuance, and not, as Defendant argues, an outright dismissal of the new charges or vacatur of the convictions arising from those new charges. See United States v. Smith, 24 F.3d 1230, 1234-35 (10th Cir.1994) (<HOLDING>); United States v. McKinnell, 888 F.2d 669, Options: A. holding that when initial indictment was filed within the thirtyday period a superseding indictment filed outside the thirtyday window which did not change the original charges did not violate the speedy trial act B. holding that there was no violation of defendants speedy trial act rights where the district court granted a continuance due to a superseding indictment returned five days before trial which added new charges based on recently acquired information C. holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely D. holding that the dismissal of an indictment before trial and institution of a superseding indictment does not trigger double jeopardy E. holding that the proper remedy if the superseding indictment operates to prejudice a defendant is a continuance

assistant: The best answer is B. holding that there was no violation of defendants speedy trial act rights where the district court granted a continuance due to a superseding indictment returned five days before trial which added new charges based on recently acquired information
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, Schedule 3.14 sets forth the name and jurisdiction of incorporation of each Material Subsidiary and, as to each such Material Subsidiary, the percentage of each class of Equity Interests owned by the Company and its other Subsidiaries.

assistant: Subsidiaries
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: see http://support.twitter.com/articles/15358-how-to-deactivate-your-account for instructions on how to deactivate your account and the privacy policy for more information on what happens to your information .

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: If any provision of this Agreement or the application thereof to any Person or circumstance is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions hereof, and the application of such provision to Persons or circumstances other than those as to which it has been held invalid and unenforceable, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Upon any such determination, the Parties shall negotiate in good faith in an effort to agree upon a suitable and equitable substitute provision to effect, as closely as possible, the original intent of the Parties.

assistant: Severability
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: same benefit. Flowing from that principle is the logical conclusion that § 3553(a)(6)’s avoidance of unwarranted sentencing disparities does not require courts to sentence similarly individuals who go to trial and those who plead guilty. They are not similarly situated for sentencing purposes. E.g., United States v. Perez-Pena, 453 F.3d 236, 243 (4th Cir.2006) (“[C]omparing the sentences of defendants who helped the Government to those of defendants who did not ... is comparing apples and oranges. For this reason, Congress could not have intended that disparities resulting from the exercise of prosecutorial discretion could be determined to be ‘unwarranted.’”); see also United States v. Jeffery, 631 F.3d 669, 679 (4th Cir.), cert. denied, — U.S. -, 132 S.Ct. 187, 181 L.Ed.2d 95 (2011), (<HOLDING>). Here, the district court was dialoguing with Options: A. holding that a defendant who pleads guilty in exchange for a reduced sentence is not similarly situated to a defendant who contests his charges B. recognizing that 3553a6s consideration of sentencing disparities does not reflect that a defendant who goes to trial should be sentenced similarly to a cooffender who pled guilty and testified against the defendant and received a reduced sentence as a result of his cooperation C. holding that the district courts consideration of whether the defendant pled guilty pursuant to a plea agree ment did not render the sentence unreasonable D. holding defendant who is sentenced to a mandatoryminimum sentence may still be eligible to receive a reduced minimum sentence under the rrri act E. holding that in conjunction an information with a narrow charge and an abstract of judgment indicating that a defendant pled guilty to that charge prove the precise elements of the offense to which the defendant pled guilty

assistant: The best answer is B. recognizing that 3553a6s consideration of sentencing disparities does not reflect that a defendant who goes to trial should be sentenced similarly to a cooffender who pled guilty and testified against the defendant and received a reduced sentence as a result of his 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 case excerpt and choose the best holding from the options. Case excerpt: home was justified under the emergency exception because the police had a reasonable belief that there might be an injured person or another shooter lurking inside Espinoza’s home. The government’s argument is not supported by the record. At the time of the entry into Espinoza’s house, Espinoza was in custody and detained in the back of a police car. Neighbors had reported that Espinoza lived alone, and no one reported seeing or hearing anyone besides Espinoza inside the house. When the police arrived, they did not see anyone enter the house or hear any other voices coming from inside. In short, there were no facts upon which an officer could base a reasonable belief that an emergency existed after Espinoza was in custody. See United States v. Gooch, 6 F.3d 673, 679 (9th Cir.1993) (<HOLDING>). The Supreme Court stated in Michigan v. Options: A. holding that warrantless search of a shooting suspects tent was unreasonable because suspect was in custody and there was no actual ongoing threat despite the recent discharge of a firearm B. holding that threat occurring 36 days before possession of firearm not present threat C. holding that strip search incident to arrest was not per se unreasonable but holding that search was performed in an unreasonable manner when conducted in view of the public D. holding that warrantless search of defendants vehicle was legal because defendants consent was voluntary even through he was in police custody at the time of giving consent E. holding that an officer did not employ excessive force in shooting a suspect who turned out to be unarmed because at the time of the shooting the officer had a reasonable belief that the suspect posed a threat and was armed

assistant: The best answer is A. holding that warrantless search of a shooting suspects tent was unreasonable because suspect was in custody and there was no actual ongoing threat despite the recent discharge of a firearm
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 provision of this Agreement held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 10.12 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by Bankruptcy Laws, as determined in good faith by the Administrative Agent or the L/C Issuers, as applicable, then such provisions shall be deemed to be in effect only to the extent not so limited.

assistant: Severability
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 summary judgment in favor of defendants for the reasons relied upon by the district court was inappropriate, on remand, the district court was not enjoined from granting defendants summary judgment on some other ground including the ground that prima facie tort is not recognized as a valid cause of action under Pennsylvania law, a ground specifically not considered by the district court. See In re Carl M. Mazzocone, 200 B.R. 568, 572 (E.D.Pa.1996) (“ ‘the mandate rule applies ... only to those issues that were decided by the appellate court’ ”) (quoting Casey v. Planned Parenthood of Southeastern Pa., 14 F.3d 848, 857 (3d Cir.), stay denied, 510 U.S. 1309, 114 S.Ct. 909, 127 L.Ed.2d 352 (1994) & citing Bankers Trust Co. v. Bethlehem Steel Corp., 761 F.2d 943, 950 (3d Cir.1985) (<HOLDING>)). (2) While the Third Circuit and the Options: A. holding that a trial court is free to make any order or direction in further progress of the case not inconsistent with the decision of the appellate court as to any question not settled by the appellate decision B. holding that the decision of the appellate court establishes the law of the case and it must be followed by the trial court on remand C. holding an appellate decision becomes the law of the case and is controlling on both the trial court and on any further appeals in the same case D. holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings E. holding an appellate court is not limited to the grounds offered by the trial court in support of its decision and may affirm on any ground on which additional factual findings are not required

assistant: The best answer is A. holding that a trial court is free to make any order or direction in further progress of the case not inconsistent with the decision of the appellate court as to any question not settled by the appellate 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: circumstances presented, we hold that the statements in the 2002 report do not provide adequate support for petitioners’ asylum claims. Finally, petitioners argue that the BIA denied them due process by taking administrative notice of the 2003 State Department report without affording them an opportunity to rebut the inferences drawn from that report. In Yang v. McElroy, 277 F.3d 158, 163 n. 4 (2d Cir.2002), we held that “[i]t is well-settled that the BIA may take administrative notice of current events bearing on an [asylum] applicant’s well-founded fear of persecution” but did not address whether due process requires that the BIA provide petitioners with an opportunity to rebut inferences drawn from a country report. Compare Gutierrez-Rogue v. INS, 954 F.2d 769, 773 (D.C.Cir.1992) (<HOLDING>) and Kaczmarczyk v. INS, 933 F.2d 588, 597 (7th Options: A. holding that the bia violated the fifth amendments due process clause in taking notice of the change of government without providing the petitioners an opportunity to rebut the noticed facts B. holding that the due process clause of the fifth amendment requires that petitioners be allowed an opportunity to rebut officially noticed facts particularly when those facts are crucial to the outcome of the administrative proceeding C. holding that bia denials of motions to reopen or reconsider are reviewed for abuse of discretion D. holding such service satisfies due process E. holding that availability of motions to reopen satisfies the due process requirement that petitioners be allowed to rebut facts of which the bia takes administrative notice

assistant: The best answer is E. holding that availability of motions to reopen satisfies the due process requirement that petitioners be allowed to rebut facts of which the bia takes administrative notice
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: Bishop, 636 F.3d at 765. A. Sufficiency of the facts regarding Killian’s inspections other than on January 7, 2000 This court has already determined that Jacob’s backyard qualifies as protected curtilage and that Killian’s warrantless inspections of that area violated clearly established law. Jacob, 531 F.3d at 391-92. But Killian now challenges whether Jacob has raised a genuine issue of material fact concerning any post-incarceration visits other than Killian’s January 7, 2000 inspection (which Killian challenges on different grounds). We have jurisdiction to address this claim because Killian contends that the district court incorrectly ruled that Jacob raised a genuine issue of material fact as to when and how many times Killian entered Jacob’s yard. See Chappell, 585 F.3d at 906 (<HOLDING>). According to Killian, Jacob does not have Options: A. holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity B. holding that when there are no genuine issues of material fact summary judgment is appropriate C. holding that a probable cause determination is appropriate for summary judgment where there are no genuine issues of material fact and no credibility issues D. holding that this court has jurisdiction to review the legal issues concerning whether the factual disputes a are genuine and b concern material facts E. holding that factual disputes regarding circumstances of traffic stop were pertinent to deciding legal issues in motion to suppress and thus hearing was necessary

assistant: The best answer is D. holding that this court has jurisdiction to review the legal issues concerning whether the factual disputes a are genuine and b concern material facts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower shall (and shall cause each Borrower Party to) not enter into any transaction, including any purchase, sale, lease or exchange of property, the rendering of any service or the payment of any management, advisory or similar fees, with any Affiliate unless such transaction is (a) (i) otherwise permitted under this Agreement, (ii) in the ordinary course of business of the applicable Borrower Party, (iii) upon fair and reasonable terms no less favorable to the Borrower than it would obtain in a comparable arm’s length transaction with a Person that is not an Affiliate and (iv) in which expenses (if any) are reasonably equally allocated among the Affiliate parties thereto, or (b) an obligation under any Material Project Document as in existence on the applicable Initial Project Construction Loan Date for each Project.

assistant: Transactions With Affiliates
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: malpractice action was filed. Following Wilson v. Clark, this court stated in Chapman v. Garcia, 463 So.2d 528, 529 (Fla. 3d DCA 1985): “Moreover, the trial court’s determination that the claim against the Fund is time-barred has been appealed, and until this court issues its decision — or until the Florida Supreme Court resolves the issue if further review is sought — the question has not been resolved to finality. See Wilson v. Clark, 414 So.2d 526 (Fla. 1st DCA 1982)(on timely appeal by the defendant from an adverse judgment the action continues to have life).” [emphasis supplied] In Silvestrone, the Florida Supreme Court cited Chapman, with approval: “[R]edressable harm is not established until final judgment is rendered, see Chapman v. Garcia, 463 So.2d 528, 529 (Fla. 3d DCA 1985)(<HOLDING>).” [ ] 721 So.2d at 1175. Thus under Chapman Options: A. holding that attorneys fees and costs expended as a result of an attorneys alleged malpractice constitute legallycognizable damages for purposes of stating a claim for such malpractice B. holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on appeal C. holding professional malpractice claim not contractual D. holding that a claim of legal malpractice under alabama law did not present a federal question E. holding that legal malpractice claims are not assignable

assistant: The best answer is B. holding that plaintiffs could not sue attorneys for legal malpractice so long as underlying medical malpractice action out of which legal malpractice claim arose was still pending on 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the foregoing provisions of this dispute resolution section do not apply to any claim in which either party seeks equitable relief to protect such party 's copyrights , trademarks , or patents .

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: 4. The Receiving Party agrees that the Information will be used solely for giving effect to the Business Under Discussion and further that it will not disclose to any person (ii) the fact that the Information has been made available to the Receiving Party or that the Receiving Party have inspected any portion of the Information, for any reason or purpose whatsoever, unless the Providing Party has consented in writing to such disclosure or except as stated otherwise herein or as required by law, order, decree, regulation, or governmental agency request.

assistant: Yes
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 services provided by Landlord to Tenant are based upon an assumed maximum premises population of one person per one hundred fifty (150) square feet of Total Rentable Area of the Premises (one person per one hundred fifty (150) square feet of Total Rentable Area of the Premises for air conditioning).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Assignors hereby irrevocably and unconditionally assign, transfer, and deliver to the Assignee the Note and all rights and obligations of Assignors thereunder. The parties agree and acknowledge that nothing contained in this Agreement shall relieve or terminate the obligations of Smith under the terms of the Note, including, without limitation, as an obligor under the terms of the Note for the payment of all amounts due under the terms thereof, including principal and accrued interest due thereon.

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: Except as otherwise stated herein, this Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof, and supersedes and renders void all prior and contemporaneous agreements, oral and otherwise, concerning the subject matter of this Agreement.

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: Executive’s duties under this Agreement shall include all ordinary and reasonable duties customarily performed by the President and Chief Executive Officer of a commercial banking institution in California, subject to the powers by law vested in the Boards of Directors of the Bank and CVB. As such, Executive shall oversee all operational aspects of the business and activities of the Company. Executive shall render his services to the Company and shall exercise such corporate responsibilities as Executive may be directed by the Boards of Directors. Executive shall report solely to the Boards of Directors of the Bank and CVB, and shall perform his duties faithfully, diligently and to the best of his ability, consistent with the highest and best standards of the banking industry and in compliance with applicable laws.

assistant: Duties
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: As good consideration for Employee’s execution, delivery, and non-revocation of this Agreement, Employee shall be entitled to receive cash payments (collectively the “ Severance Payment ”) at the rate of Employee’s annual base salary as in effect immediately prior to the Separation Date for a period of three (3) months commencing on the date hereof (the “ Severance Period ”), payable as set forth below. The Severance Payment shall be made as a series of separate payments in accordance with the Company’s standard payroll practices (and subject to all applicable tax withholdings and deductions), commencing with the first regular payroll date on or immediately following the date hereof. In addition, during the Severance Period, Employee shall continue to be eligible to receive such healthcare benefits from ID Systems as was in effect and applicable to Employee immediately preceding the Separation Date; provided that in the event Employee becomes eligible to obtain alternate healthcare coverage from a new employer before the end of the Severance Period, ID Systems’ obligation to provide such healthcare coverage shall cease. Employee acknowledges that Employee is not otherwise entitled to receive the payments and benefits described in this Section 4 and acknowledges that nothing in this Agreement shall be deemed to be an admission of liability on the part of any of the Released Parties. Employee agrees that Employee will not seek anything further from any of the Released Parties.

assistant: Benefits
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: for a serious health condition, the employer may request certification by the employee's health provider. 29 C.F.R. § 825.305(a). Simpson v. Office of the Chief Judge of the Cir. C. of Will Cnty., 559 F.3d 706, 709 (7th Cir.2009); Kauffman, 426 F.3d at 886. Certification is sufficient if it provides the date the serious health condition began, its probable duration, relevant medical facts, and a statement that the employee is unable to work. 29 U.S.C. § 2613(b); 29 C.F.R. § 825.306. Kauffman, 426 F.3d at 886. If the employee fails to submit certification of her condition in a timely manner, then an employer is entitled to deny FMLA leave. 29 C.F.R. § 825.313. Simpson, 559 F.3d at 709. Under the regulations, if an employer finds a certification incomplete, the emplo t *4 (N.D.Ill.2009) (<HOLDING>); Sewall v. Chi. Transit Auth., 2001 WL 40802 Options: A. holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave B. holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla C. holding a plaintiff to be ineligible for fmla leave wherein the plaintiff had not accumulated enough work hours D. holding that there was no sustainable fmla interference claim wherein a plaintiff could not establish that her daughter suffered from a serious health condition as defined by the regulations E. holding a plaintiff to be ineligible for fmla leave wherein the plaintiffs leave exceeded twelve weeks within a twelve month period

assistant: The best answer is C. holding a plaintiff to be ineligible for fmla leave wherein the plaintiff had not accumulated enough work hours
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Parties acknowledges and agrees that the other Party may be damaged irreparably in the event any of the provisions of this Agreement are not performed in all material respects or otherwise are breached. Accordingly, and notwithstanding anything herein to the contrary, each of the Parties agrees that the other Party will be entitled to injunctive relief to prevent breaches of the provisions of this Agreement, and/or to enforce specifically this Agreement and the terms and provisions hereof, in any action instituted in any court or tribunal having jurisdiction over the Parties and the matter, without posting any bond or other security, and that such injunctive relief shall be in addition to any other remedies to which such Party may be entitled, at law or in equity.

assistant: Specific Performance
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: to maintain control over the account and to prevent anyone from accessing the account ( which would include information on viewing history for the account ) , the account owner should maintain control over the netflix ready devices that are used to access the service and not reveal the password nor details of the payment method associated with the account to anyone .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: interest.” Williams, 859 F.2d at 666. Because the trustee in that case was “attempting to collect money not owed to the estate[,]” he did not have the authority under the Code to bring the creditor claims, notwithstanding the assignment. Id. at 666-67. In discussing the benefits of court-approved assignment of creditor claims, the Court in In re CBI Holding remarked that “[allowing a debtor’s creditors to assign their claims for the benefit of the debtor’s estate permits debtors, creditors, and bankruptcy courts the flexibility in reorganizing or liquidating a debtor’s assets necessary to achieve efficient administration of the reorganization or liquidation.” 529 F.3d at 549 (emphasis added); see also Logan v. JKV Real Estate Servs. (In re Bogdan), 414 F.3d 507, 512-513 (4th Cir.2005) (<HOLDING>). Even where a trustee brings assigned claims, Options: A. holding that trustee may bring assigned creditor claims where estate is the real party in interest B. holding prospectively that a vendees interest in a real estate contract constitutes real estate within the meaning of the judgment lien statute C. holding that a lawsuit by a third party creditor against the estate is a core proceeding D. holding when both real property and contract rights are assigned assignee must both record under the real estate laws and file pursuant to article 9 E. holding witness not licensed as real estate appraiser could not testify as expert on real estate valuation where statute made it unlawful to engage in real estate appraisal without license

assistant: The best answer is A. holding that trustee may bring assigned creditor claims where estate is the real party in interest
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: fees for tax years 1995 through 1999, the parties stipulated that judgment was sought against Connie Ogg in rem only. 3 . Although it has been amended several times since its enactment in 1985, section 33.011 has always provided a process for a taxpayer to request a waiver of penalties and interest if the act or omission of an officer, employee, or agent of the appraisal district or taxing unit caused or resulted in the taxpayer’s failure to pay the tax before delinquency. See Tex. Tax Code Ann. § 33.011 (Vernon 2001). Here, the trial court stated in a finding of fact that the Oggs did not request a waiver of penalties or interest pursuant to section 33.011. The parties do not challenge that particular finding of fact. See McGalliard v. Kuhlmann, 722 S.W.2d 694, 696 (Tex.1986) (<HOLDING>). 4 . Act of May 24, 1979, 66th Leg., R.S., ch. Options: A. holding unchallenged findings of fact are binding unless contrary is established as matter of law or there is no evidence to support finding B. holding that unless an affirmative defense is established as matter of law defendant bears burden of obtaining jury findings necessary to support defense C. holding that findings of fact are conclusive if supported by clear and convincing competent evidence even where the evidence might support contrary findings D. holding that judgment on the pleadings will not be granted unless the movant clearly establishes that there are no material issues of fact and that he or she is entitled to judgment as a matter of law E. holding that motion to dismiss should not be granted unless the moving party has established that there is no material issue of fact to resolve and that it is entitled to judgment in its favor as a matter of law

assistant: The best answer is A. holding unchallenged findings of fact are binding unless contrary is established as matter of law or there is no evidence to support finding
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: you and oculus empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation , applicability or enforceability of these terms or formation of this contract , including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable .

assistant: Arbitration
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 and any subsidiary that is a significant subsidiary (as such term is defined in Rule 1-02 of Regulation S-X promulgated by the Commission) (each, a “ Subsidiary ”, and collectively, the “ Subsidiaries ”), are, and will be, duly organized, validly existing as a corporation and in good standing under the laws of their respective jurisdictions of organization. The Company and the Subsidiaries are, and will be, duly licensed or qualified as a foreign corporation for transaction of business and in good standing under the laws of each other jurisdiction in which their respective ownership or lease of property or the conduct of their respective businesses requires such license or qualification, and have all corporate power and authority necessary to own or hold their respective properties and to conduct their respective businesses as described in the Registration Statement and the Prospectus, except where the failure to be so qualified or in good standing or have such power or authority would not, individually or in the aggregate, have a material adverse effect or would reasonably be expected to have a material adverse effect on the assets, business, operations, earnings, properties, condition (financial or otherwise), prospects, stockholders’ equity or results of operations of the Company and the Subsidiaries taken as a whole, or prevent the consummation of the transactions contemplated hereby (a “ Material Adverse Effect ”).

assistant: Organizations
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: and denied relief. See also Jones v. State, 845 So.2d 55, 74 (Fla.2003). Over-ton is likewise not entitled to relief on this claim. Furthermore, one of the aggravating circumstances found by the trial court here was Overton’s previous conviction of a violent felony, “a factor which under Ap-prendi and Ring need not be found by the jury.” Jones v. State, 855 So.2d 611, 619 (Fla.2003); see also Doorbal v. State, 837 So.2d 940, 963 (Fla.) (rejecting the Ring claim where one of the aggravating circumstances found by the trial judge was defendant’s prior conviction for a violent felony), cert. denied, 539 U.S. 962, 123 S.Ct. 2647, 156 L.Ed.2d 663 (2003). Finally, this Court has previously held that Ring and Apprendi cannot receive retroactive application. See Johnson, 904 So.2d at 412 (<HOLDING>); Hughes v. State, 901 So.2d 837, 840 Options: A. holding that apprendi does not apply retroactively in florida in postconviction proceedings to cases that were final on direct review at the time of the apprendi decision B. holding that apprendi does not apply retroactively in florida postconviction proceedings to cases that were final on direct review at the time of the apprendi decision C. holding that batson does apply retroactively to cases pending on direct review D. holding that ring does not apply retroactively in florida postconviction proceedings to cases that were final on direct review at the time of the ring decision E. holding that the rule announced in ring does not apply retroactively to cases already final on direct review

assistant: The best answer is D. holding that ring does not apply retroactively in florida postconviction proceedings to cases that were final on direct review at the time of the ring 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 legal provision and list the applicable contract clause categories. Provision: Other than any consents which have already been obtained or will be obtained prior to the Effective Time, no consent, waiver, approval, authorization, exemption, registration, license or declaration is required to be made or obtained by such party in connection with (a) the execution, delivery or performance of this Agreement or (b) the consummation of any of the transactions contemplated herein.

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: By its signature, each Person executing this Agreement on behalf of a party hereto represents and warrants to the other parties hereto that it is duly authorized to execute this Agreement. Each First Lien Agent represents and warrants that this Agreement is binding upon the First Lien Secured Parties it represents. The Second Lien Agent represents and warrants that this Agreement is binding upon the Second Lien Secured Parties. Each Permitted Third Lien Representative represent and warrants that this Agreement is binding upon the Permitted Third Lien Secured Parties it represents.

assistant: Authorizations