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: would not simply reverse course again after this litigation regarding Appellants’ eligibility for ADHC. See Pashby v. Delia, 709 F.3d 307, 316 (4th Cir. 2013). We disagree. Assuming that when this suit was initiated Appellants had standing to challenge their service coordinator’s initial decision that they were no longer eligible to receive ADHC, the claims regarding their eligibility became moot once Appellants obtained a reversal of the decision through the ad ministrative appeal process without ever having their ADHC discontinued. The reversals were “not ... voluntary cessation[s] within the meaning of that doctrine, but w[ere] instead the result of [Appellants’] successful administrative appeal[s].” Oregon Nat. Res. Council, Inc. v. Grossarth, 979 F.2d 1377, 1379 (9th Cir. 1992) (<HOLDING>). Cf. ACLU of Mass. v. U.S. Conference of Options: A. holding that the fact that the sale may not be fully consummated does not prevent a determination that the appeal is moot because section 363m does not require the purchaser to take irreversible steps consummating the sale before the absence of a stay will render an appeal moot B. holding that action challenging united states forest services approval of a timber sale became moot when challenged sale was halted as a result of an administrative appeal C. recognizing that it is an unusual challenge to a sale that does not distort the validity of the sale and that the exception likely has meaning only when collateral issues are challenged D. holding that an appeal challenging a bankruptcy court order lifting the automatic stay became moot when the underlying bankruptcy case was dismissed E. holding that an appeal challenging a bankruptcy court order approving a foreclosure sale became moot upon dismissal of the underlying bankruptcy case

assistant: The best answer is B. holding that action challenging united states forest services approval of a timber sale became moot when challenged sale was halted as a result of an administrative appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 2.8 shall survive the resignation or replacement of Administrative Agent or any assignment of rights by, or the replacement of, a Lender and the repayment, satisfaction or discharge of all obligations under any Loan Document.

assistant: Survival
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 LOAN PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE LENDER IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE STATE AND FEDERAL COURTS OF THE STATE OF NEW YORK SITTING IN THE BOROUGH OF MANHATTAN, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE LENDER MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWER OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure or delay of any party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such right or power, or any course of conduct, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the parties hereunder are cumulative and are not exclusive of any rights or remedies which they would otherwise have hereunder. Any agreement on the part of a party to any such waiver shall be valid only if set forth in a written instrument executed and delivered by a duly authorized officer on behalf of such party.

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: strength, the majority tells us, “is no less a [constitutional] violation than any other invidious method.” Maj. Op. at 871. But the use of different voting mechanisms has little to do with the type of “invidious discrimination” that the Equal Protection Clause was designed to prevent. That is why I believe that many of the broad statements in the majority opinion, although eloquent, are ultimately hollow. E.g., Maj. Op. at 879-80 (“Violations of the Equal Protection Clause are no less deserving of protection because they are accomplished with a modern machine than with outdated prejudices.”). However unpleasant the prospect, human error remains a part of the democratic process, and no constitutional rule is going to change that fact. See Powell v. Power, 436 F.2d 84, 88 (2d Cir.1970) (<HOLDING>). What does have more potential to reduce the Options: A. holding that neither the equal protection and due process clauses of the fourteenth amendment nor article i 2 of the constitution guarantee against errors in the administration of an election B. holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution C. holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court D. holding that due process and equal protection clauses of fourteenth amendment are not confined to protection of citizens rather they apply to all persons within the territorial jurisdiction E. holding that the due process clause contained in the colorado constitution encompasses a guarantee of equal protection

assistant: The best answer is A. holding that neither the equal protection and due process clauses of the fourteenth amendment nor article i 2 of the constitution guarantee against errors in the administration of an election
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: Employee agrees to make no disclosure or use of any proprietary or confidential information, including without limitation, data, developments, customer information, or trade secrets belonging to the Company or learned or acquired by Employee and will take all action necessary to preserve that confidentiality. Employee shall continue to comply with any confidentiality agreements, provisions, and policies by which Employee has previously agreed to abide. For purposes of emphasis and as a reminder, portions of this Agreement set forth obligations already imposed on Employee by agreement(s) of confidentiality, whether by acceptance of the Company policy(s) or provision(s) on confidentiality in writing, by electronic affirmation of such policy(s) or provision(s), or by the fact of Employee’s employment with the Company constituting an acceptance of the confidentiality requirements in policy(s) or provision(s) applicable to employees generally including, but not limited to, obligations related to nondisclosure. This Agreement does not supersede any such confidentiality agreement(s), policy(s) or provision(s), but instead supplements the terms of all such confidentiality agreement(s), policy(s) and provision(s).

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: judge had authorized them to search the building’s second floor. Neither the warrant nor the affidavit mentioned Voustianiouk as the occupant of the apartment that officials were authorized to search. See United States v. Woodbury, 511 F.3d 93, 100 (1st Cir.2007) (applying the good-faith exception to the exclusionary rule in a case where even “[t]hough [the warrant] list[ed] the wrong unit, the warrant made clear reference to the apartment occupied by” the defendant); United States v. Owens, 848 F.2d 462, 463 (4th Cir.1988) (applying the good-faith exception to the exclusionary rule where “[t]he affidavit supporting this search warrant set forth facts which supported a probable cause finding ... that Owens ... exercised control over this apartment”); cf. Velardi, 40 F.3d at 576 (<HOLDING>); see also United States v. Clark, 638 F.3d 89, Options: A. holding that officers were entitled to qualified immunity when they conducted an entry and emergency sweep of the third house on a particular road even though the warrant specified the fourth house while noting that the warrant specifically mentioned the name of the houses occupant B. holding that the officers were entitled to conduct a protective sweep because they located the defendant in the house there were other people present and the defendant was actively trying to conceal drags C. holding that no jury could reasonably fail to find that it was objectively reasonable for the officers to take the actions they did when the only invasion of privacy that occurred was entry and an emergency sweep a search of the premises was not conducted until the magistrate informed of what the officers had learned on the scene prior to entry explicitly authorized a search of the third house D. holding that if the application for a warrant contains probable cause apart from the improper information then the warrant is lawful and the independent source doctrine applies providing that the officers were not prompted to obtain the warrant by what they observed during the initial entry E. holding that officers may detain the occupants of a house while executing a search warrant

assistant: The best answer is A. holding that officers were entitled to qualified immunity when they conducted an entry and emergency sweep of the third house on a particular road even though the warrant specified the fourth house while noting that the warrant specifically mentioned the name of the houses occupant
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: Even if an updated psychological evaluation had been conducted at the time of the original posteonviction hearing, the results would in all probability be invalid at the time of a second hearing well over one year later. Consequently, such evidence could not have been discovered at the time of the original 1981 hearing and should have been allowed one year later at the 1982 hearing. The state argues that the report should have been obtained and offered at the first hearing, and argues that if petitioner believes his counsel erred in failing to do this, the petitioner ought to pet ffirming a dismissal of a petition for habeas corpus seeking to relitigate issues decided against petitioner in a previous habeas corpus proceeding); State v. Knaffla, 309 Minn. 246, 243 N.W.2d 737 (1976) (<HOLDING>); Ware v. State, 284 Minn. 525, 169 N.W.2d 16 Options: A. holding that defendant could not raise in a 2255 motion an issue previously decided on direct criminal appeal B. holding claims must be raised on direct appeal or waived C. holding that where the fourth amendment question was raised at trial but not preserved on direct appeal in the state court the defendants failure to raise the issue on appeal in the state courts did not suffice to avoid stone D. holding that petitioner in posteonviction proceeding may not raise matter that he raised and which was decided against him on direct appeal E. holding in part that a convicted defendant is not entitled to raise in a posteonviction proceeding any matter which he raised on direct appeal or which he knew about but did not raise in his direct appeal

assistant: The best answer is E. holding in part that a convicted defendant is not entitled to raise in a posteonviction proceeding any matter which he raised on direct appeal or which he knew about but did not raise in his direct appeal
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: For the convenience of the parties hereto, this Agreement may be executed in any number of separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts will together constitute the same agreement. Executed signature pages to this Agreement may be delivered by facsimile transmission or by e-mail delivery of a “pdf” format data file and such signature pages will be deemed as sufficient as if actual signature pages had been delivered.

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: State fearing that the clerical error would be corrected if he did not. A defendant’s right to cross-examine a witness concerning possible biases, prejudices, or ulterior motives is protected by both the federal and state constitutions. People v. Ramey, 152 Ill. 2d 41, 67, 604 N.E.2d 275 (1992); U.S. Const., amends. VI, XIV; Ill. Const., 1970, art. I, § 8; Davis v. Alaska, 415 U.S. 308, 39 L. Ed. 2d 347, 94 S. Ct. 1105 (1974). The exposure of “a witness’ motivation in testifying is a proper and important , function of the constitutionally protected right of the cross-examination. The widest latitude should be given the defense on cross-examination when trying to establish a witness’ bias or motive.” Ramey, 152 Ill. 2d at 67; People v. Furby, 228 Ill. App. 3d 1, 4, 591 N.E.2d 533 (1992) (<HOLDING>). It is also well established that a witness’ Options: A. holding that limitation on scope and breadth of crossexamination did not significantly curtail effectiveness of witness crossexamination because crossexamination was lengthy and extensive B. recognizing that criminal defendants right to testify is subject to crossexamination C. holding that court did not prejudice defendant by limiting his counsel to preestablished limitations on inter alia the scope of crossexamination D. recognizing that extensive crossexamination of the witness alone is not enough if the crossexamination permitted did not include questions on the issue constitutionally required E. holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination

assistant: The best answer is E. holding that the constitutional right to crossexamination must be satisfied first before the court can exercise its discretion in limiting the scope or extent of crossexamination
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 Plan is incorporated herein by reference. The Plan and this Agreement constitute the entire agreement of the Company and the Participant with respect to the subject matter hereof and supersede in their entirety all prior undertakings and agreements of the Company and the Participant with respect to the subject matter hereof.

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: Except as otherwise defined herein or as the context may otherwise require, capitalized terms used but not otherwise defined herein are defined in Appendix A hereto, which contains rules as to usage that are applicable herein.

assistant: Definitions
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, and shall cause the Specified Subsidiaries to, at all times maintain a policy or policies of insurance providing directors’ and officers’ liability insurance to the extent reasonably satisfactory to the SLP Stockholders, and the Indemnitees shall be covered by such policy or policies, in accordance with its or their terms, to the maximum extent of the coverage provided to any other director or officer of the Company or any Specified Subsidiary. If, at the time the Company or any of the Specified Subsidiaries receives from an Indemnitee any notice of the commencement of any action, cause of action, suit, claim or proceeding, and the Company or a Specified Subsidiary has such insurance in effect which would reasonably be expected to cover such action, cause of action, suit, claim or proceeding, the Company shall give prompt notice of the commencement of such action, cause of action, suit, claim or proceeding to the insurers in accordance with the procedures set forth in such policy or policies. The Company shall thereafter take all necessary or reasonably desirable action to cause such insurers to pay, on behalf of the Indemnitees, all amounts payable as a result of such action, cause of action, suit, claim or proceeding in accordance with the terms of such policy or policies.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All communications and notices hereunder shall (except as otherwise expressly permitted herein) be in writing and given as provided in Section 9.01 of the Credit Agreement. All communications and notices hereunder to the Borrower or any other Guarantor shall be given to it in care of the Borrower as provided in Section 9.01 of the Credit Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Subject to Article 22.2, this Agreement shall become effective as of the Effective Date and shall continue in full force and effect for an initial period of twenty (20) years and shall be automatically renewed for each successive one-year period thereafter on the anniversary of the Effective Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 236, 240, ¶ 12, 69 P.3d 7, 11 (2003); State Comp. Fund v. Yellow Cab Co., 197 Adz. 120, 122, ¶ 5, 3 P.3d 1040, 1042 (App. 1999). As we have recognized, in our review, we construe the facts and reasonable inferences in the light most favorable to the opposing party. Wells Fargo Bank v. Ariz. Laborers, Teamsters & Cement Masons Local No. 395 Pension Trust Fund, 201 Ariz. 474, 482, ¶ 13, 38 P.3d 12, 20 (2002); Strojnik v. Gen. Ins. Co. of Am., 201 Ariz. 430, 433, ¶ 10, 36 P.3d 1200, 1203 (App.2001). Summary judgment is proper when no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law. Orme Sch., 166 Ariz. at 309,802 P.2d at 1008; Ariz. R. Civ. P. 56(c)(1); see also Smi-they v. Hansberger, 189 Ariz. 103, 106, 938 P.2d 498, 501 (App.1996) (<HOLDING>). We may affirm the entry of summary judgment Options: A. holding question of law applied to undisputed facts reviewed de novo B. recognizing that where material facts are undisputed the court only decides the application of relevant law C. recognizing the issue may be decided as a question of law if the facts are undisputed and support only one inference D. recognizing that when the facts alleged in the administrative complaint are not disputed this leaves only conclusions of law to be drawn as to whether the admitted facts constitute a violation of the statutes as charged and penalties to be imposed E. recognizing that when the material facts relevant to scope of employment are undisputed the question can be decided as a matter of law citing swichtenberg v brimer 171 ariz 77 82 828 p2d 1218 1223 app1991 robarge 131 ariz at 282 640 p2d at 213 recognizing that legal conclusions to be drawn from undisputed facts are properly resolved by the court

assistant: The best answer is E. recognizing that when the material facts relevant to scope of employment are undisputed the question can be decided as a matter of law citing swichtenberg v brimer 171 ariz 77 82 828 p2d 1218 1223 app1991 robarge 131 ariz at 282 640 p2d at 213 recognizing that legal conclusions to be drawn from undisputed facts are properly resolved by the court
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 Bank irrevocably hereby appoints JPMorgan to act on its behalf as the Administrative Agent and as the Several L/C Agent under and in connection with this Agreement and authorizes the Administrative Agent and the Several L/C Agent, as applicable, to take such action as agent on its behalf and to exercise such powers under this Agreement and the other Loan Documents as are delegated to the Administrative Agent and the Several L/C Agent, as applicable, by the terms hereof or thereof, together with all such powers as are reasonably incidental thereto. The provisions of this Article are solely for the benefit of the Administrative Agent, the Several L/C Agent and the Banks, and no Obligor shall have rights as a third party beneficiary of any of such provisions.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: also has recognized the fundamental nature of procreational rights. In In re Baby M, we considered a custody dispute between a father and a surrogate mother. 109 N.J. 396, 537 A.2d 1227 (1988). Although the case involved the enforceability of a surrogacy contract, the father asserted that his right to procreate supported his claim for custody of Baby M. Id. at 447-48, 537 A.2d 1227. We held that the right to procreate was not implicated by the custody battle, which dealt with parental rights after birth. Ibid. We observed, however, that “the rights of personal intimacy, of marriage, of sex, of family, of procreation ... are fundamental rights protected by both the federal and state Constitutions.” Id. at 447, 537 A.2d 1227; see also In re Grady, 85 N.J. 235, 247-48, 426 A.2d 467 (1981) (<HOLDING>); cf. Schroeder v. Perkel, 87 N.J. 53, 66, 432 Options: A. recognizing a constitutional right of privacy in mental health records B. holding that the constitutional right to a speedy trial includes the right to a reasonably prompt sentencing C. recognizing that decisions in griswold and eisenstadt ended any doubt about a personal right to prevent conception and holding that an individuals constitutional right of privacy includes the right to undergo sterilization voluntarily D. holding right to testify was federal constitutional right E. holding that when a constitutional right is vested in a party and there is a doubt as to whether that right has been waived the doubt should be resolved in the defendants favor

assistant: The best answer is C. recognizing that decisions in griswold and eisenstadt ended any doubt about a personal right to prevent conception and holding that an individuals constitutional right of privacy includes the right to undergo sterilization voluntarily
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 all the Obligations has been paid, then the Lien created by this Deed of Trust shall be released by Beneficiary upon request of Grantor, at Grantor’ cost and expense, by instrument reasonably satisfactory to Beneficiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Your salary as of the Effective Date will be at the rate of $26,395.83 per month, annualized at $316,750, which shall be prorated for any partial year, month or week.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Colameta used customer information that he took from Protégé. Additionally, Colameta admits to having taken at least two Protégé proposals with him to Monument. This type of information may constitute trade secrets. See G.L.c. 266, §30 (defining “trade secret” as used in G.L.c. 93, §42, as including “anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement”); Warner-Lambert Co., 427 Mass. at 49 (“ [Confidential and proprietary business information may be entitled to protection, even if such information cannot claim trade secret protection”); see, e.g., Augat, Inc., 409 Mass. at 173 (<HOLDING>). “Matters of public knowledge or of general Options: A. recognizing that even if a plaintiff claims certain information constitutes trade secrets its claim may not depend on that determination B. holding that included among trade secrets employee may not appropriate from employer is certain information such as lists of customers C. holding that supplier lists can be trade secrets under indianas uniform trade secrets act which uses the same definition of a trade secret as montana D. recognizing that customer lists may be protectable trade secrets E. recognizing a legitimate need to protect an employee from disclosing an employers trade secrets or other confidential information to a competitor

assistant: The best answer is B. holding that included among trade secrets employee may not appropriate from employer is certain information such as lists of customers
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 commitment will be effective upon your acceptance of the terms and conditions of this Equity Commitment Letter and will expire on the earlier to occur of (i) March 2, 2016, (ii) the Closing pursuant to the Agreement or (iii) the termination of the Agreement pursuant to its terms. By your acceptance hereof, Piceance acknowledges, covenants and agrees, on behalf of itself, its affiliates, and any person claiming by, through or on behalf of any of them, that all claims that may be based upon or otherwise relate to this Equity Commitment Letter or the negotiation, execution, performance or breach of this Equity Commitment Letter, including any representation or warranty made or alleged to have been made in connection with, or as an inducement to, this Equity Commitment Letter, may be made only against (and are expressly limited to) Par, and no other person (including any past, present or future director, officer, employee, member, partner, manager, direct or indirect equityholder, management company, affiliate, agent, attorney or representative of Par) shall have any liability or obligation in respect of this Equity Commitment Letter or any such claim.

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: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before May 4, 2017; provided , however , that the right to terminate this Agreement under this Section 5.1 shall not be available to a Purchaser whose failure to fulfill any obligation under this Agreement has been the proximate cause of or resulted in the failure of the transactions contemplated hereunder to occur on or before such date; provided further , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: US Borrower hereby agrees to protect, indemnify, pay and save harmless the Issuing Lender and any of its Affiliates that has issued a Letter of Credit from and against any and all claims, demands, liabilities, damages, taxes, penalties, interest, judgments, losses, costs, charges and expenses (including reasonable fees, expenses and disbursements of counsel) which the Issuing Lender or any of its Affiliates may incur or be subject to as a consequence, direct or indirect, of the issuance of any Letter of Credit, other than as a result of (A) the gross negligence or willful misconduct of the Issuing Lender as determined by a final non-appealable judgment of a court of competent jurisdiction or (B) the wrongful dishonor by the Issuing Lender or any of Issuing Lender's Affiliates of a proper demand for payment made under any Letter of Credit, except if such dishonor resulted from any act or omission, whether rightful or wrongful, of any present or future de jure or de facto government or official body.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court found — she was being monitored for the longstanding fibrocystic breast condition and not cancer during the pre-coverage period.”); Ross v. Western Fidelity Insurance Co., 881 F.2d 142, 144 (5th Cir.1989) (“[T]here is at least a reasonable argument that, under [a pre-existing condition exclusion], treatment for a specific condition cannot be received unless the specific condition is known.”); Van Volkenburg v. Continental Casualty Insurance Co., 971 F.Supp. 117, 122 (W.D.N.Y.1997) (finding reasonable the plaintiffs argument that to obtain advice or treatment regarding a medical “condition,” one must first have some awareness that the “condition” exists); see also In re Estate of Monica Ermenc v. American Family Mutual Insurance Co., 221 Wis.2d 478, 585 N.W.2d 679, 682 (1998) (<HOLDING>); Mannino v. Agway, Inc. Group Trust, 192 Options: A. holding that receiving advice or treatment during the exclusionary period for a condition which proves to be the same condition the claimant seeks benefits for qualifies as a preexisting condition regardless of whether there was an accurate diagnosis B. holding that treatment for symptoms of undiagnosed multiple sclerosis activated the preexisting condition exclusion and stating that there is no requirement that a diagnosis definite or otherwise of the preexisting condition must be made during the preexisting condition period C. holding that contracts for an indefinite period are excluded from the statutes coverage D. holding that discovery of a breast lump before the defendants insurance coverage began triggered the preexisting condition exclusion although the lump was not definitively diagnosed as cancer until after coverage began E. holding that where the claimants cancer was not evident as a condition before the coverage period began and where the symptoms before diagnosis were nonspecific coverage should not be excluded under the preexisting condition clause

assistant: The best answer is E. holding that where the claimants cancer was not evident as a condition before the coverage period began and where the symptoms before diagnosis were nonspecific coverage should not be excluded under the preexisting condition clause
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: conduct prevents the petitioner from timely filing.” Lawrence v. Florida, 421 F.3d 1221, 1226 (11th Cir.2005). The petitioner bears the burden of showing that equitable tolling is warranted. Drew, 297 F.3d at 1286. Thus, Charest’s burden is to show extraordinary circumstances that were both beyond his control and unavoidable even with his own exercise of diligence. We have considered the instant issue on numerous occasions and consistently held that equitable tolling is not justified by mere attorney negligence, where the petitioner has not exercised his ovra due diligence. See Steed, 219 F.3d at 1300 (“An attorney’s miscalculation of the limitations period or mistake is not a basis for equitable tolling.”); see also Helton v. Sec. for the Dep’t of Corr., 259 F.3d 1310, (11th Cir.2001) (<HOLDING>); Sandvik v. United States, 177 F.3d 1269, Options: A. holding that equitable tolling applied when the attorney informed his client there was no such thing as a oneyear filing deadline and consistently lied to his client and the clients wife B. holding that the petitioner was not entitled to equitable tolling where he filed his habeas petition more than two months late 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 equitable tolling was not warranted where counsel misadvised client as to the deadline to file a habeas petition E. holding that equitable tolling of the time to file a notice of appeal is not permitted

assistant: The best answer is D. holding equitable tolling was not warranted where counsel misadvised client as to the deadline to file a habeas petition
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 Executive’s annual base salary shall be $135,000. The Executive’s base salary shall be reviewed annually and adjusted at the discretion of the Bank’s Board of Directors. The base salary in effect at any given time is referred to herein as “Base Salary;” provided, however, that if the Executive’s employment is terminated for Good Reason pursuant to clause (ii) of Section 3(e) due to a material diminution in the Executive’s Base Salary, the term “Base Salary” for purposes of calculating the Executive’s Severance Amount (or Change in Control Severance Amount, as the case may be) under Section 4(b) shall be the Executive’s Base Salary as in effect immediately prior to the material diminution. The Base Salary shall be payable in a manner that is consistent with the Bank’s usual payroll practices for senior executives.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee agrees not to make any defamatory or derogatory statements concerning any of the Released Parties. Provided inquiries are directed to ID Systems’ Department of Human Resources, ID Systems shall disclose to prospective employers information limited to Employee’s dates of employment and last position held by Employee. Employee confirms and agrees that Employee shall not, directly or indirectly, disclose to any person or entity or use for Employee’s own benefit, any confidential information concerning the business, finances or operations of ID Systems or its customers; provided, however, that Employee’s obligations under this Section 7 shall not apply to information generally known in ID Systems’ industry through no fault of Employee or the disclosure of which is required by law after reasonable notice has been provided to ID Systems sufficient to enable ID Systems to contest the disclosure. Confidential information shall include, without limitation, trade secrets, customer lists, details of contracts, pricing policies, operational materials, marketing plans or strategies, security and safety plans and strategies, project development, and any other non-public or confidential information of, or relating to, ID Systems or its affiliates. Employee also agrees that the amounts paid to Employee and all of the other terms of this Agreement shall be kept confidential, unless ID Systems discloses them in a public filing. Employee acknowledges that he continues to be bound by the Confidentiality, Assignment of Contributions and Inventions, Non-Competition and Non-Solicitation Agreement (the “ Covenants 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we recommend that you read the cancellation , ( pre ) payment and no-show policy of the accommodation provider carefully prior to making your reservation and remember to make further payments on time as may be required for the relevant reservation .

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: Stimus argues that he is entitled to receive a new trial because the trial court erred in failing to conduct a Richardson hearing on Stimus’ claim that the State had committed a discovery violation. We agree. In Acosta v. State, 856 So.2d 1143 (Fla. 4th DCA 2003), the Fourth District explained the State’s duty of disclosure during the discovery process: In Barrett v. State, 649 So.2d 219 (Fla.1994) the Florida Supreme Court reiterated that: When a defendant elects to participate in the iolation is brought to the court’s attention, the trial judge is required to conduct an inquiry, rule on whether a violation occurred, and determine whether the evidence was admissible.” Sears v. State, 656 So.2d 595, 596 (Fla. 1st DCA 1995). See also Rath v. State, 627 So.2d 24 (Fla. 5th DCA 1993)(<HOLDING>). However, pursuant to State v. Schopp, 653 Options: A. holding that a transfer order issued by a district court in another circuit is reviewable only in the circuit of the transferor district court B. holding that trial courts failure to conduct richardson hearing concerning states discovery violation in not designating a detective as an expert was not harmless even though detectives testimony was brief appellate court could not say beyond a reasonable doubt that defendant was not procedurally prejudiced by the discovery violation C. holding that an argument not made to the circuit court cannot be raised on appeal D. holding that when the district court improperly purported to transfer to the circuit court an action over which the circuit court lacked subjectmatter jurisdiction the circuit court was without jurisdiction to enter its judgment which was void and dismissing the appeal from that void judgment E. holding that once circuit court is put on notice of a discovery violation circuit court is obligated to conduct a richardson inquiry to determine prejudicial affect if any of violation

assistant: The best answer is E. holding that once circuit court is put on notice of a discovery violation circuit court is obligated to conduct a richardson inquiry to determine prejudicial affect if any of violation
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: either that a single incident was extraordinarily severe, or that a series of incidents were sufficiently continuous and concerted to have altered the conditions of her working environment.” Cruz, 202 F.3d at 570 (citations omitted). Faced with facts very similar to those in the instant case, the Second Circuit affirmed a district court’s holding that “essentially three incidents of racial animosity by a co-worker spanning over 25 months, with each incident separated by a full year, during which time no racial slurs were made” did not raise a triable issue of hostile work environment harassment. Arroyo v. Westlb Admin., Inc., 2000 WL 562425, *2, No. 99-7942, 2000 U.S.App. LEXIS 9528, at *6 (2d Cir. May 9, 2000) ; see also Snell v. Suffolk County, 782 F.2d 1094, 1103 (2d. Cir.1986) (<HOLDING>); Schwapp v. Town of Avon, 118 F.3d 106, 110 Options: A. holding that to meet his burden the plaintiff must show more than a few isolated incidents and that evidence solely of sporadic discrimination does not suffice B. holding that to establish a hostile work environment plaintiff must prove more than a few isolated incidents of racial enmity and cjasual comments or accidental or sporadic conversation will not trigger equitable relief pursuant to the statute C. holding that the plaintiff failed to state an agebased hostile work environment claim where the plaintiffs proffered evidence was nothing more than a collection of unrelated and infrequent incidents of conduct by the defendants that the plaintiff subjectively construe as acts motived by agerelated animus and which was devoid of the agerelated comments or ridicule that are hallmarks of hostile work environment claims D. holding that a plaintiff does not make a sufficient showing of a pervasively hostile work environment with a few isolated incidents but must show a steady barrage of opprobrious racial comments E. holding that supervisors routine vulgar references to plaintiff could not support a hostile work environment claim because plaintiff was unaware of the comments and to show that he or she perceived the environment as hostile a title vii plaintiff must at least have been aware of those comments

assistant: The best answer is B. holding that to establish a hostile work environment plaintiff must prove more than a few isolated incidents of racial enmity and cjasual comments or accidental or sporadic conversation will not trigger equitable relief pursuant to the statute
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: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $2,672,500 of Shares and Warrants. Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of the Placement Agent or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (“ DVP ”) (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company).

assistant: Closings
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: offense of attemptéd second-degree murder based on knowing merely that one’s conduct will cause serious physical injury, the giving of the instruction was reversible error. Ontiveros’s conviction must therefore be reversed. CONCLUSION ¶ 20 We reverse Ontiveros’s conviction and remand for a new trial. Because of this disposition, we do not reach the sentencing issue raised by Ontiveros. CONCURRING: G. MURRAY SNOW, Presiding Judge and DONN KESSLER, Judge. 1 . The offense of attempted second-degree murder under §§ 13-1001(A)(2) and -1104(A)(2) does not, contrary to Ontiveros’s argument, require an intent to cause death. The culpable mental state of knowingly causing the death of another is sufficient under § 13-1104(A)(2). Cf. State v. Nunez, 159 Ariz. 594, 769 P.2d 1040 (App.1989) (<HOLDING>). The requirement of acting knowingly, however, Options: A. holding that conspiracy to commit murder is not lesserincluded offense of firstdegree murder B. holding that fetus was not a human being for purposes of attempted firstdegree intentional homicide and firstdegree reckless injury statutes C. holding that a jury could not be instructed that attempted murder can be committed knowingly D. holding that attempted firstdegree murder may be committed knowingly or intentionally E. holding that appellate counsel was ineffective in failing to argue based on the first districts decision in montgomery that the standard attempted manslaughterbyact instruction was fundamentally erroneous where betts was charged with attempted firstdegree premeditated murder and convicted of the necessary lesserincluded offense of attempted seconddegree murder

assistant: The best answer is D. holding that attempted firstdegree murder may be committed knowingly or intentionally