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: of the proffered predicates for the action taken — whether considered singularly or cumulatively — is sufficient to affirm the appointment. Those predicates will be discussed seriatim. A. Jurisdictional Retention Provisions of the Plan Article 10 of the Plan contains expansive retention of jurisdiction provisions including the following: The Court shall retain jurisdiction of this Chapter 11 case ... (n) to enter any order, including injunctions necessary to enforce the title, rights and powers of the Debtor and to impose such limitations, restrictions, terms and conditions on such title, rights and powers that the Court may deem necessary or appropriate; (q) to make such orders as are necessary or appropriate to carry out the provisions of the Plan, including but not li D.N.H.1991) (<HOLDING>). Such cases as in In re Federated Dep’t Options: A. holding that a plan provision purporting to provide jurisdiction over any and all actions involving the debtor postconfirmation was invalid as beyond the scope of the bankruptcy code B. holding confirmation vested property in the debtor and therefore properly of the estate was not liable for postconfirmation taxes incurred by debtor C. holding that a bankruptcy court lacked jurisdiction postconfirmation to adjudicate adversary proceeding concerning asset purchases at bankruptcy sale notwithstanding inclusion of language in the plan purporting to retain such jurisdiction in the bankruptcy court D. holding that postconfirmation jurisdiction was proper in light of plan provision retaining such jurisdiction E. holding that postconfirmation income that is not necessary to the fulfillment of the plan of reorganization does not become part of the bankruptcy estate

assistant: The best answer is A. holding that a plan provision purporting to provide jurisdiction over any and all actions involving the debtor postconfirmation was invalid as beyond the scope of the bankruptcy code
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, if any, understandings and arrangements, oral or written, between the parties hereto with respect to the subject matter hereof. In the event of any inconsistency between the terms of this Agreement and the terms of any award of equity or non-equity incentive compensation to the Executive, the terms of this Agreement shall govern.

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 case excerpt and choose the best holding from the options. Case excerpt: is permissive.” Based on this canon of statutory construction, the grievance procedure in the Act appears to be permissive and not mandatory. Wal-Mart’s argument that the Act was meant to provide an exclusive remedy would be stronger if, for example, Section 28-1-10 stated, instead of the language quoted above, that “any person seeking to redress a violation of any of the rights guaranteed by this Act shall file an action under this Act pursuant to the administrative procedures it provides.” Or the New Mexico Legislature could have said something like: “No person who claims to be a victim of a violation of any of the rights guaranteed by this Act may pursue a remedy except as provided in this Act.” Cf. Carlson v. Green, 446 U.S. 14, 19-21, 100 S.Ct. 1468, 1472, 64 L.Ed.2d 15 (1980) (<HOLDING>). It is not uncommon for our legislature to Options: A. holding that there is no enforceable private right where the statute itself creates a remedial scheme that is sufficiently comprehensive to demonstrate congressional intent to preclude the remedy of suits under 1983 B. holding that remedial scheme afforded by federal tort claims act was not exclusive absent explicit congressional declaration that it was C. holding that this language applies to tort claims brought under the federal tort claims act against a contractor who has a selfdetermination contract D. holding that equitable considerations did not toll the statute of limitations under the tort claims act where plaintiffs conduct was not in strict compliance with congressional waiver of immunity E. holding that waiver of sovereign immunity under federal tort claims act for intentional acts committed by federal law enforcement was not limited to investigative activities

assistant: The best answer is B. holding that remedial scheme afforded by federal tort claims act was not exclusive absent explicit congressional declaration that it was
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: 140 S.W.3d 351, 358 (Tex.2004) (stating that subject matter jurisdiction cannot be conferred by consent or waiver). 18 . Tex. Prop.Code § 21.012(a). 19 . Id. § 21.001. 20 . Id. § 21.012(b). A fifth requirement, not applicable to the pending case, now mandates that the petition must "if applicable, state that the entity provided the property owner with the landowner’s bill of rights statement in accordance with Section 21.0112.” Act of May 25, 2007, 80th Leg., R.S., ch. 1201, § 4, sec. 21.012(b)(5), 2007 Tex. Gen. Laws 4072, 4073. 21 . 141 S.W.3d 172, 183-84, 191 (Tex.2004). 22 . State v. Nelson, 160 Tex. 515, 334 S.W.2d 788, 790 (1960). 23 . Id. at 792. 24 . Tex Prop.Code §21.012(b)(2). 25 . See Coastal Indus. Water Auth. v. Celanese Corp. of Am., 592 S.W.2d 597, 600 (Tex.1979) (<HOLDING>); Ex Parte Edmonds, 383 S.W.2d 579, 581 Options: A. holding that condemning authoritys statement in petition that purpose of condemned easement was for the transportation of water and other facilities and uses incidental thereto or in connection therewith for trinity water conveyance system was adequate and that further allegations of purpose were unnecessary B. holding substantial completion had occurred because water district took possession of all the lines filled them with water and began using them to serve the customers of the water district C. recognizing that water retained within a watershed is susceptible to multiple use because all water uses are not consumptive uses D. holding that article x 2 of the california constitution dictates the basic principles defining water rights that no one can have a protectible interest in the unreasonable use of water and that holders of water rights must use water reasonably and beneficially E. holding that village could not condition provision of water services on annexation where prospective customer was within a rural water associations service area and the water association was federally indebted

assistant: The best answer is A. holding that condemning authoritys statement in petition that purpose of condemned easement was for the transportation of water and other facilities and uses incidental thereto or in connection therewith for trinity water conveyance system was adequate and that further allegations of purpose were unnecessary
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 is personal to Executive and shall not be assignable by Executive otherwise than by will or the laws of descent and distribution. This Agreement shall inure to the benefit of and be enforceable by Executive’s legal representatives. This Agreement can be assigned by the Company and shall be binding and inure to the benefit of the Company, and their successors and assigns.

assistant: Successors
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: an express statute or rule to the contrary, a party may only appeal from a final judgment. State v. Durant, 2000-NMCA-066, ¶ 5, 129 N.M. 345, 7 P.3d 495. As a general rule, a judgment “is not considered final unless all issues of law and fact have been determined and the case disposed of by the trial court to the fullest extent possible.” Id. ¶ 7 (internal citation and quotation marks omitted). {37} In this case, DPS filed its notice of appeal from the district court’s dismissal of the forfeiture complaint prior to the entry of judgment and sentence on the criminal charges. Because the penalties were properly initiated as a single, bifurcated proceeding, it is possible that a final judgment had yet to be entered in the case and that DPS’s appeal was therefore premature. See id. ¶ 5 (<HOLDING>). {38} Nevertheless, regardless of whether Options: A. recognizing a criminal defendants right to present a complete defense B. recognizing that a criminal prosecution is not complete until a sentence has been imposed C. recognizing constitutional right to be present when sentence is imposed D. recognizing that 1983 action does not accrue until conviction or sentence has been invalidated E. holding that a sentence is not imposed until judgment enters for purposes of rule 35c

assistant: The best answer is B. recognizing that a criminal prosecution is not complete until a sentence has been imposed
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 arbitration will be administered by the american arbitration association ( `` aaa '' ) in accordance with its commercial arbitration rules and the supplementary procedures for consumer related disputes ( `` rules '' ) , as modified by this eula .

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: The Company and its Subsidiaries have good and marketable title to all personal property owned by them that is material to the business of the Company and its Subsidiaries, in each case free and clear of all liens, encumbrances and defects except such as are described in Schedule 3(l) or such as do not materially affect the value of such property and do not interfere with the use made and proposed to be made of such property by the Company and any of its Subsidiaries or could not reasonably be expected to have, individually or in the aggregate, a Material Adverse Effect. Any real property and facilities held under lease by the Company and any of its Subsidiaries, to the Company’s knowledge, are held by them under valid, subsisting and enforceable leases with such exceptions as are not material and do not interfere with the use made and proposed to be made of such property and buildings by the Company and its Subsidiaries.

assistant: Titles
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 delayed completion of his program at the Industrial College of the Armed Forces. Second, as O’Connell explained in his June 21, 2011 letter to the NJTA, the "new job title” in O’Connell’s LinkedIn profile was "merely a vacant position at the school at which to ‘park’ [O'Connell]” until he recuperated from surgery. (App. 361.) 6 . Additionally, we conclude that the District Court did not have subject matter jurisdiction under 28 U.S.C. § 1331 because O'Connell’s initial and Amended Complaint do not raise a federal question. The references to federal law are limited to citations in support of O’Connell’s assertion that he was in the military and one stray reference to the United States Constitution, See Goepel v. Nat’l Postal Mail Handlers Union, 36 F.3d 306, 310 (3d Cir.1994) (<HOLDING>); United Jersey Banks v. Parell, 783 F.2d 360, Options: A. holding that federal law governs res judicata effect of an earlier federal judgment based on federal law B. holding that just because a claim implicates a federal issue or involves construction of federal law does not necessarily give rise to a federal question and confer removal jurisdiction on a federal court C. recognizing that every theory of relief must raise federal issue for claim to arise under federal law D. holding that merely alluding to federal law does not raise a federal question E. holding that a determination of whether the defendants actions constituted a taking under the louisiana constitution does not implicate any issues of federal law and thus does not provides a basis for a federal district court to exercise federal subject matter jurisdiction

assistant: The best answer is D. holding that merely alluding to federal law does not raise a federal question
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: Borrower shall use proceeds of the Loan to (i) pay and discharge any existing mortgage and mezzanine loans secured directly or indirectly by the Collateral including, without limitation, the Prior Loans, (ii) pay costs and expenses incurred in connection with the closing of the Loan, (iii) make capital contributions to Owner and the general partner of certain Owners and (iv) the extent any proceeds remain after satisfying clauses (i) through (iii) above, for such lawful purpose as Borrower shall designate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted by this Agreement shall be in writing, delivered by hand, or sent by registered or certified mail, return receipt requested, or by recognized courier service (regularly providing proof of delivery), addressed to the Company at the Company’s then principal office, or to the Executive at the address set forth under the Executive’s signature below, as the case may be, or to such other address or addresses as any party hereto may from time to time specify in writing. Notices shall be deemed given when received.

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: This Amendment may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same agreement. This Amendment may be executed by facsimile or delivery of a “.pdf” copy of an executed counterpart hereof.

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: Agency for Health Care Admin., Case No. 153764MTR (Fla. DOAH Jan. 28, 2016); Gibbons v. Agency for Health Care Admin., Case No. 13-4720MTR (Fla. DOAH May 7, 2014); cf. Silnicki v. Agency for Health Care Admin., Case No. 13-3862MTR (Fla. DOAH July 15, 2014). Two more features of this case make clear that limiting the scope of the lien to past medical expenses makes sense. First, AHCA agreed to the allocation of damages. The parties’ stipulation poses no risk of collusion. AHCA, the agency tasked with administering Florida’s Medicaid program, acknowledged that Mr. Willoughby was not made whole as to his past medical expenses. AHCA had no incentive to skew the allocations of the 21st Century settlement in a way that reduces its lien for paid medical expenses. Cfi Giraldo, 208 So.3d at 247 (<HOLDING>). Second, Mr. Willoughby is no longer eligible Options: A. holding that fraud on the court must be supported by clear unequivocal and convincing evidence B. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied C. holding that a bad faith claim must be met through the clear and convincing evidence standard D. holding that in reviewing a defendants motion for judgment of acquittal based on insanity which the defendant must prove by clear and convincing evidence the court must determine whether no reasonable jury could have failed to find that the defendants criminal insanity at the time of the offense was established by clear and convincing evidence E. holding that alj properly concluded that allocation agreed to in settlement agreement between victim and tortfeasor was not clear and convincing evidence and could not be credited as reasonable products of armslength adversarial negotiation

assistant: The best answer is E. holding that alj properly concluded that allocation agreed to in settlement agreement between victim and tortfeasor was not clear and convincing evidence and could not be credited as reasonable products of armslength adversarial negotiation
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 amendment to the Plan will be deemed to be an amendment to this Agreement to the extent that the amendment is applicable hereto. No amendment will adversely affect your rights under this Agreement without your consent. Notwithstanding the forgoing, to the extent necessary to preserve Kroger’s federal tax deduction that would otherwise be denied due to Section 162(m) of the Internal Revenue Code (applicable only to certain top senior executives), Kroger may elect (without your consent) to delay delivery of your award Shares until 30 days following your termination of employment. If Kroger so elects to delay payment, all other deferred compensation payments for the year that would be nondeductible under Section 162(m) also will be delayed to avoid negative tax consequences to you.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: not based an exception to mootness on any nonlegal consequence. See Note, The Mootness Doctrine in the Supreme Court, 88 Harv.L.Rev. 373, 381 n.38 (1974). 12 . United States v. Munsingwear, 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36 (1950); Bagby v. Beal, 606 F.2d 411 (3d Cir. 1979). Vacating the district court’s judgment of civil contempt should satisfy Berwick’s concern that the court’s order may work further injury by Ber-wick’s being considered a recidivist in any future proceeding. It is doubtful, however, that a company that had purged its civil contempt would be characterized as a recidivist in a subsequent contempt proceeding. Cf. In re Application to Adjudge Ohio New and Rebuilt Parts, Inc. and Melvin Booher in Civil and Criminal Contempt, No. C 79 214 (N.D.Ohio May 1, 1979) (<HOLDING>). We also note that had Berwick been convicted Options: A. holding that a contempt order labeled by the district court as civil was actually a criminal contempt because the order was retroactive seeking to penalize previous violations and was punitive serving no compensatory purpose B. holding corporation and its president in criminal contempt because previous order of civil contempt had not been purged C. holding that in addition to statutory contempt powers city courts have inherent contempt power D. holding that a civil contempt defendant has a right to a jury trial when the act of contempt was not committed in the presence of the court and when the incarceration is in part punitive E. holding that judgment of civil contempt against homes association was rendered moot and unappealable when association purged itself of contempt by complying with underlying order

assistant: The best answer is B. holding corporation and its president in criminal contempt because previous order of civil contempt had not been purged
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 Borrower (and the Borrower Representative) agrees to indemnify each Lender for, and to hold each Lender harmless from, any loss or expense that such Lender may sustain or incur as a consequence of (a) any failure of such Borrower to make a borrowing of, conversion into or continuation of Eurodollar Loans after the Borrower Representative has given a notice requesting the same in accordance with the provisions of this Agreement, (b) any failure of such Borrower to make any prepayment of Eurodollar Loans after the Borrower Representative has given a notice thereof in accordance with the provisions of this Agreement or (c) the making of a prepayment of Eurodollar Loans on a day that is not the last day of an Interest Period with respect thereto. Absent any change in circumstances after the date hereof, the amount of such indemnification is intended to be equal to the excess, if any, of (i) the amount of interest that would have accrued on the amount so prepaid, or not so borrowed, converted or continued, for the period from the date of such prepayment or of such failure to borrow, convert or continue to the last day of such Interest Period (or, in the case of a failure to borrow, convert or continue, the Interest Period that would have commenced on the date of such failure) in each case at the applicable rate of interest for such Loans provided for herein (excluding, however, the Applicable Margin included therein) over (ii) the amount of interest (as reasonably determined by such Lender) that would have accrued to such Lender on such amount by placing such amount on deposit for a comparable period with leading banks in the interbank eurodollar market. A certificate as to any amounts payable pursuant to this Section submitted to the applicable Borrower (or the Borrower Representative ) by any Lender shall be conclusive in the absence of manifest error. This covenant shall survive the termination of this Agreement and the payment of the Loans and all other amounts payable hereunder.

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: Courseview, Inc. v. Phillips Petroleum Co., 158 Tex. 397, 312 S.W.2d 197, 205 (1957); see Kerlin v. Sauceda, 263 S.W.3d 920, 925 (Tex.2008) (requiring “exercise of reasonable diligence”). Of course, here, the parties were not transacting on an arm’s-length basis, because they were within a fiduciary relationship. While “diligence in discovering the breach of fiduciary duty or fraud is required” in a fiduciary relationship as in an arm’s-length relationship, nonetheless, the presence of a fiduciary relationship “affects ... the application of the rule.” G. Prop. Mgmt., Ltd. v. Multivest Fin. Servs. of Tex., Inc., 219 S.W.3d 37, 49 (Tex.App.-San Antonio 2006, no pet.); Douglass v. Langehennig (In re Douglass), Adv. No. 08-1007, 2008 WL 2944568, at *12 (Bankr.W.D.Tex. July 25, 2008) (<HOLDING>). “Facts which might ordinarily require Options: A. recognizing an exception to the twoyear time bar imposed on rule 3850 claims when the claim asserted is based on facts that were unknown to the movant and could not have been discovered through the exercise of due diligence B. holding that fiduciary relationship should be a consideration in determining whether the fraud might have been discovered through reasonable diligence quoting powers v mcdaniel 785 sw2d 915 918 texappsan antonio 1990 writ de nied C. holding that affidavit from a new witness was not newly discovered evidence because trial counsel knew of the existence of the witness before trial trial counsel with due diligence could have discovered the evidence D. holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial E. holding that inquiry notice triggers an investors duty to exercise reasonable diligence and that the statute of limitations period begins to run once the investor in the exercise of reasonable diligence should have discovered the facts underlying the alleged fraud

assistant: The best answer is B. holding that fiduciary relationship should be a consideration in determining whether the fraud might have been discovered through reasonable diligence quoting powers v mcdaniel 785 sw2d 915 918 texappsan antonio 1990 writ de nied
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: ARIAD US has been duly organized and is validly existing as a corporation in good standing under the laws of the State of Delaware, USA. ARIAD US has the corporate power and authority to enter into this Agreement and to consummate the transactions contemplated by this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Gatherer and Producer shall (a) carry and maintain no less than the insurance coverage set forth in Exhibit B , and (b) cause such insurance to be (i) the primary coverage without any right of contribution from any other insurance held by the other Party to the extent of the insured Party’s indemnification obligations hereunder, and (ii) written and endorsed to include waivers of all subrogation rights of the insurers against Gatherer and its Group (in the case of Producer’s insurance) or Producer and its Group (in the case of Gatherer’s insurance). Producer shall also cause the insurance carried and maintained by it pursuant to this Section 14.4 to be endorsed to name Gatherer and its Group as additional insureds or provide blanket additional insured status that covers Gatherer and its Group as additional insureds, except in the case of worker’s compensation insurance.

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: 8.1.2. Clause 8.1 shall not apply to Confidential Information which i) must be stored by Recipient according to provisions of mandatory law or ii) was made as a matter of routine backup provided that such Confidential Information and copies thereof shall be subject to an indefinite confidential obligation according to the terms and conditions set forth herein until returned and/or destroyed, as the case may be. 9. OTHER PROVISIONS

assistant: No
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 on the part of Buyer to exercise, and no delay in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise by Buyer of any right, remedy or power hereunder preclude any other or future exercise of any right, remedy or power. Each and every right, remedy and power hereby granted to Buyer or allowed it by law or other agreement shall be cumulative and not exclusive of any other, and may be exercised by Buyer from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 25947345, at *4 (Bankr.E.D.Pa. Jul. 15, 2003). Imposed by the preamble language of § 547(c)(2), the first prong of the test requires that the debt to which payments relate must be “incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the transferee ...” 11 U.S.C. § 547(c)(2) [emphasis added]. This prong does not refer to the parties’ conduct with regard to the Debt- or’s payment history. Rather, it addresses circumstances under which the debt was originated. In other words, it is not sufficient that the Transfers be made in the ordinary course. The loans must also have been incurred by the Debtor and the Defendants in their respective ordinary business dealings. See, e.g., In re Pioneer Technology, Inc., 107 B.R. 698, 702 (9th Cir. BAP 1988) (<HOLDING>); Wilen v. Pamrapo Savings Bank (In re Bayonne Options: A. holding that the economic loss rule does not preclude independent tort claims that fall outside the scope of a breach of contract B. holding that preemption under 1144a does not permit removal if the plaintiffs claim does not fall within the scope of 1132a C. holding that declaratory judgments fall outside the scope of the court of claims jurisdiction D. holding that insider transaction did not fall within scope of 547c2 E. holding that legal duties imposed on railroads by the common law fall within the scope of these broad phrases

assistant: The best answer is D. holding that insider transaction did not fall within scope of 547c2
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in two or more counterparts, all of which when taken together shall be considered one and the same agreement and shall become effective when counterparts have been signed by each party and delivered to the other party, it being understood that both parties need not sign the same counterpart. In the event that any signature is delivered by facsimile transmission or by e-mail delivery of a “.pdf” format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or “.pdf” signature page were an original thereof.

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: behavior was consistent with methamphetamine use, his subjective belief — that defendant’s methamphetamine use provided a sufficient basis for concluding that she presently possessed methamphetamine — was not objectively reasonable. Although “‘reasonable suspicion’ is a relatively low barrier[,]” State v. Jones, 245 Or App 186, 192, 263 P3d 344 (2011), and “[c]ertainty about the significance of particular facts is not required for a police officer to hold a reasonable belief that they indicate criminal conduct,” State v. Briggs, 229 Or App 660, 666, 212 P3d 1276 (2009), evidence of methamphetamine use, without more, does not give rise to reasonable suspicion that defendant presently possesses more methamphetamine. Cf. State v. Lavender, 93 Or App 361, 364, 762 P2d 1027 (1988) (<HOLDING>); State v. Morton, 151 Or App 734, 739, 951 P2d Options: A. holding police officer had probable cause to believe defendant was operating a motor vehicle under the influence of alcohol B. holding inter alia that experienced officers observations that the defendant was under the influence of either methamphetamine or cocaine did not by itself establish probable cause to believe that the defendant had committed a crime C. holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime D. holding that where other evidence established probable cause to believe that the defendant possessed controlled substances investigating officers had probable cause to search the defendants purse for similar evidence E. holding that the purpose of a preliminary examination is to determine whether there is probable cause to believe that a crime was committed and whether there is probable cause to believe that the defendant committed it

assistant: The best answer is C. holding among other things that the officers observations that the defendant was under the influence of a controlled substance without more did not establish probable cause to believe that the defendant had committed a crime
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 recognizes that the Executive will have to incur certain out-of-pocket expenses related to the Executive’s services and the Company’s business, and the Company agrees to promptly reimburse the Executive for all reasonable expenses necessarily incurred by the Executive in the performance of the Executive’s duties to the Company upon presentation of a voucher or documentation indicating the amount and business purposes of any such expenses. These expenses include, but are not limited to, travel, meals and entertainment. Expenses that are reimbursable to the Executive under this Section 7 shall be paid to the Executive in accordance with the Company’s expense reimbursement policy within 30 days after the Executive has submitted an expense reimbursement request to the Company’s accounting department but in no event later than March 15 following the calendar year in which the expense was incurred.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event of a Change in Control, each Stock Option and SAR will become fully exercisable, any restrictions on each outstanding share of Stock will lapse, and each outstanding Award of Stock Units (including Restricted Stock Units and Performance Awards to the extent consisting of Stock Units) will become vested and the delivery of shares of Stock deliverable under each such Stock Unit will be accelerated and such shares will be delivered, in each case prior to the Change in Control on a basis that gives the holder of the Award a reasonable opportunity, as determined by the Administrator, following exercise of the Award or the vesting or delivery of the shares, as the case may be, to participate as a stockholder in the Change in Control. Notwithstanding the foregoing, payment of any amount constituting "nonqualified deferred compensation" subject to Section 409A will be accelerated pursuant to this Section 7(a) only if the event or circumstances constituting the Change in Control would also qualify as a "change in control event" under Section 1.409A-3(i)(5) of the Treasury Regulations.

assistant: Change In Control
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 ERISA Event has occurred or is reasonably expected to occur that, individually or in the aggregate, could reasonably be expected to would result in have a Material Adverse Effect. Except as could not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, the present value of all accumulated benefit obligations under each Plan, other than Multiemployer Plans, (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) does not exceed the fair market value of the assets of such Plan, and the present value of all accumulated benefit obligations of all underfunded Plans, other than Multiemployer Plans, (based on the assumptions used for purposes of Statement of Financial Accounting Standards No. 87) does not exceed the fair market value of the assets of all such underfunded Plans.

assistant: Erisa
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: a hearing. See Apolskis v. Concord Life Ins. Co., 445 F.2d 31, 34 n. 1 (7th Cir.1971) (stating that “[cjredibility determinations are the province of the district judge” but that “a trial judge may not totally disregard uncontradicted and apparently creditable testimony where no basis for so doing appears in the record”). In the instant case, Petitioner’s statement was not so inherently incredible as to warrant out-right rejection. The Chief Adjudicator stated summarily that “[Petitioner’s] statement is not credible and no independent documentation in support of her statement was submitted,” adopting “the expedient of technically accepting the offered proof but summarily rejecting its weight or credibility.” Frito-Lay, Inc. v. Morton Foods, Inc., 316 F.2d 298, 301 (10th Cir.1963) (<HOLDING>); cf. Earp v. Ornoski, 431 F.3d 1158, 1170 (9th Options: A. holding that the right to choose counsel cannot be manipulated so as to obstruct the orderly procedure in the courts or to interfere with the fair administration of justice B. holding that publicity serves to guarantee the fairness of trials and to bring to bear the beneficial effects of public scrutiny upon the administration of justice C. holding that the extension of judicial immunity to witnesses attorneys and parties was regarded by us as necessary to the proper administration of justice D. holding that the time of discovery of fraud is not a proper matter for summary judgment E. holding that the summary rejection of a witness as noncredible is prejudicial and the proper administration of justice requires more

assistant: The best answer is E. holding that the summary rejection of a witness as noncredible is prejudicial and the proper administration of justice requires more
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: a grievance from Step 1 to Step 2. (See CBA § 24.3 (“Failing satisfactory settlement in Step 1, the Union representative may submit the grievance to the Department Manager or his designee ...”)) (emphasis added). 5 B ecause Plaintiffs have sufficiently pleaded facts plausibly showing that Union Defendants’ refusal to prosecute their grievance regarding Williams’ promotion was arbitrary, the Court need not also determine whether their refusal to process the grievance regarding Freeman was arbitrary. Tompkins v. United Healthcare of New England, Inc., 203 F.3d 90, 93 (1st Cir. 2000) (“The complaint will survive as long as it pleads sufficient facts to warrant recovery on any cognizable theory of the case.”); see also Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008) (<HOLDING>) (quoting Twombly, 127 S. Ct. at 1969 n.8). 6 Options: A. holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief B. holding that motion to dismiss should be denied if in view of what is alleged it can reasonably be conceived that the plaintiffs could upon a trial establish a case which would entitle them to relief C. holding that if there is any issue of fact which remains upon a motion for summary judgment the motion must be denied D. holding that a pro se complaint should not be dismissed unless it appears that the plaintiff can prove no set of facts which would entitle him to relief E. holding that a statutory discrimination will not be set aside if any state of facts reasonably may be conceived of to justify it

assistant: The best answer is B. holding that motion to dismiss should be denied if in view of what is alleged it can reasonably be conceived that the plaintiffs could upon a trial establish a case which would entitle them to relief
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: found that federal courts had jurisdiction to enjoin further per capita distributions of gaming proceeds until the Secretary approved a gaming revenue allocation plan as required under § 2710(b)(3). In this case, the Plaintiffs seek to extend the scope of the waivers found in Maxam and Ross. Unlike the tribes in Maxam and Ross, the Community has a distribution plan which was submitted to the Secretary and has been approved as adequate. (Amend. Compl. ¶¶ 4, 50.) Several of the Plaintiffs in this action appealed the initial approval of the plan to the Interior Board of Indian Appeals, raising essentially the same membership issues as raised in this action and in tribal court. (Id. Ex. J.) That appeal was denied. See Feezor v. Acting Minneapolis Area Director, 25 IBIA 298 (April 28, 1994) (<HOLDING>). The Community’s distribution plan limits per Options: A. holding that the debtor lacked standing to bring a claim against the internal revenue service for the improper assessment of a tax deficiency because the cause of action was the property of the estate and had not been abandoned to the debtor B. holding that the plaintiffs lacked standing to pursue a permanent nuisance action for injury to property because none of the plaintiffs were the owners of the land when the cause of action accrued with the first injury C. holding that plaintiffs lacked standing because the case was not ripe for adjudication D. holding that plaintiffs lacked standing to sue E. holding that the plaintiffs lacked standing to contest bia action based on their personal assessment of what is or is not in the best interests of the tribe and that the tribal court was the proper forum for resolving plaintiffs membership disputes

assistant: The best answer is E. holding that the plaintiffs lacked standing to contest bia action based on their personal assessment of what is or is not in the best interests of the tribe and that the tribal court was the proper forum for resolving plaintiffs membership disputes
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: 5. In the event that the Recipient is required to disclose Classified Information by subpoena, law or other directive of a court, administrative agency, or arbitration panel, the Recipient will provide VELCO with immediate notice of such request in order to enable VELCO (and Recipient shall cooperate fully with VELCO) to seek an appropriate protective order or other remedy.

assistant: No
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: Capitalized terms used herein that are not otherwise defined shall have the respective meanings ascribed thereto in the Agreement of Definitions, dated as of September 21, 2016, by and among Nissan Auto Lease Trust 2016-B as issuer (the “ Issuing Entity ”), NILT Trust, as Grantor and UTI Beneficiary, the Titling Trust, NMAC, in its individual capacity, as Servicer and as administrative agent (in such capacity, the “ Administrative Agent ”), Nissan Auto Leasing LLC II, a Delaware limited liability company (“ NALL II ”), the Titling Trustee, the Delaware Trustee, Wilmington Trust, National Association, as owner trustee (in such capacity, the “ Owner Trustee ”), U.S. Bank, as Trust Agent, and U.S. Bank National Association, as indenture trustee (in such capacity, the “ Indenture Trustee ”).

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 case excerpt and choose the best holding from the options. Case excerpt: employer might apply a salary retention policy in a discriminatory fashion or use such a policy as a vehicle to perpetuate historically unequal wages caused by past discrimination, these potential abuses do not provide valid bases to adopt a per se rule that declares all salary retention practices inherently discriminatory. Rather, these risks simply highlight the need to carefully examine the record in cases where prior salary or salary retention policies are asserted as defenses to claims of unequal pay. In particular, it is important to ensure that employers do not rely on the prohibited “market force theory” to justify lower wages for female employees simply because the market might bear such wages. See Coming Glass Works v. Brennan, 417 U.S. 188, 205, 94 S.Ct. 2223, 41 L.Ed.2d 1 (<HOLDING>). In addition it is important to ensure that Options: A. holding that to establish a prima facie equal pay act claim the plaintiff must show that the jobs being compared are substantially equal B. holding that although women may have been willing to work for lower wages than men and market forces therefore dictated that an employer could pay women less than men reliance on such a market force theory nevertheless became illegal once congress enacted into law the principle of equal pay for equal work C. holding that the mere allegation that a female professor was paid less than a male colleague for equal work stated a claim under the equal pay act D. holding that reliance may be established by proof that securities not traded on the open market could not have been issued at all but for a fraudulent scheme of the defendants the plaintiff still had to prove that he relied on the integrity of the offerings of the securities market E. holding that disposable retirement pay from military pension was equal to gross retirement pay less federal income taxes

assistant: The best answer is B. holding that although women may have been willing to work for lower wages than men and market forces therefore dictated that an employer could pay women less than men reliance on such a market force theory nevertheless became illegal once congress enacted into law the principle of equal pay for equal work