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

user: Read the legal provision and list the applicable contract clause categories. Provision: Certain insurance policies currently in force will cease to provide coverage for the Purchased Assets effective upon Closing. There are no insurance policies or fidelity bonds that are part of the Purchased Assets or which will continue to provide insurance for the Purchased Assets subsequent to the Closing Date.

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 case excerpt and choose the best holding from the options. Case excerpt: with the use of the automobile as an ambulance and thus allowed coverage. We agree with Hisaw that, under the broad interpretation required by our supreme court, there was a causal connection between Struthers’s use of the van and Hisaw’s injuries. But for Struthers’s use and operation of the van in such a manner as to drive it off the road, Hisaw would not have responded to the accident, undertaken his official duties, and ultimately received his injuries. Further, the fact that his injuries were inflicted by the underinsured vehicle itself takes this case out of the realm of those decisions in which the vehicle was the mere situs of an injury that could just as easily have occurred elsewhere. See, e.g., Carter v. Grain Dealers Mut. Ins. Co., 10 Ark. App. 16, 660 S.W.2d 952 (1983) (<HOLDING>). In light of the foregoing, we reverse the Options: A. holding that the govemment is not liable under the federal tort claims act for injuries to service members where the injuries arise out of or are in the course of activity incident to military service B. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle C. holding that victims injuries did not arise out of the use of a motor vehicle when the victim received injuries from a gun fired in the vehicle D. holding that the wcabs decision that an employees motor vehicle accident did not cause his injuries precluded a subsequent tort action on the same issue E. holding that the united states is immune from monetary damages for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service

assistant: The best answer is C. holding that victims injuries did not arise out of the use of a motor vehicle when the victim received injuries from a gun fired in the vehicle
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: Apprendi requirement that all facts used to enhance a sentence over the statutory maximum must be found by a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 490, 120 S.Ct. 2348 [147 L.Ed.2d 435]. The Third, Eighth, and Eleventh Circuits have held that they are. * * * Our analysis of Apprendi leads us to conclude that the Third, Eighth, and Eleventh Circuits are right”); State v. McFee, 721 N.W.2d 607, 619 (Minn.2006) (“We hold that, in calculating a defendant’s criminal history score, a defendant does not have a Sixth Amendment right to a jury determination of the fact of a prior juvenile adjudication”); State v. Weber, 159 Wash.2d 252, 149 P.3d 646, ¶ 21 (2006) (“we hold that juvenile adjudications are convictions for the purposes of Apprendi’s S.Ct. 1779, 44 L.Ed.2d 346 [1975] (<HOLDING>); In re Melvin J. (2000), 81 Cal.App.4th 742, Options: A. holding that a proceeding to forfeit imported merchandise not included in a declaration was civil not criminal for purposes of the double jeopardy clause B. holding that civil forfeitures are neither punishment nor criminal for purposes of the double jeopardy clause C. holding that double jeopardy clause did not apply to forfeiture proceeding before the court D. holding the double jeopardy clause applicable to the states through the due process clause of the fourteenth amendment E. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy clause

assistant: The best answer is E. holding that a delinquency proceeding places a juvenile in jeopardy for purposes of the double jeopardy 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: e.g., advance procurement of weapon, lack of provocation, killing carried out as a matter of course, whereas the facts supporting the commission to avoid arrest must focus on the defendant’s motivation for the crime. Rodriguez v. State, correctly argues that the “plan to kill cannot be inferred solely from a plan to commit, or the commission of, another felony.” Geralds v. State, 601 So.2d 1157, 1163 ( Fla.1992). Although it appears the defendants initially only sought to steal a vehicle, there is competent substantial evidence that the defendants armed themselves in advance, discussed killing the victims, did so by killing them execution-style, and deliberately poured accelerants throughout the home before lighting the home on fire. See Knight v. State, 746 So.2d 423, 436 (Fla.1998) (<HOLDING>). With respect to the “heightened Options: A. holding an agency decision is not final during the time the agency considers a petition for review B. holding that the finality of a contracting officers determination was suspended during his review of a request by the contractor to reconsider the final decision C. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence D. holding even if knight did not make the final decision to execute the two victims until sometime during his lengthy journey to his final destination that journey provided an abundance of time for knight to coldly and calmly decide to kill E. holding that the reasonableness standard applies to the final sentence not to each individual decision made during the sentencing process

assistant: The best answer is D. holding even if knight did not make the final decision to execute the two victims until sometime during his lengthy journey to his final destination that journey provided an abundance of time for knight to coldly and calmly decide to kill
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Gorman was not a credible witness or that the Commission erred by considering Gorman’s testimony, that argument fails because this court does not make credibility determinations or weigh evidence. Darkenwald v. Emp’t Sec. Dep’t, 182 Wn. App. 157, 172, 328 P.3d 977 (2014), aff’d, 183 Wn.2d 237, 350 P.3d 647 (2015). 32 It is reasonable that, because the various parties disagreed about the best approach, the parties would submit competing evidence and proposals. And because competing evidence was presented, the Commission would have used its discretion to make complex factual determinations and select a proposal. It is precisely in this sort of circumstance that we defer to the Commission’s discretion and authority. See US W. Commc’ns I, 134 Wn.2d at 56 (quoting Cole, 79 Wn.2d at 309 (<HOLDING>)); see also RCW 80.04.430 (providing the Options: A. holding the state must prove that at the time of the homicide the defendant was engaged in the commission of the felony B. holding that the commission exercises substantial discretion in selecting the appropriate ratemaking methodology and this is especially true where as here the issues involve complex factual determinations peculiarly within the expertise of the commission C. holding that the legislature granted exclusive authority over ratemaking to the public service commission D. holding that the commission on remand can set the effective date of a rate to be the effective date of the original commission activity E. holding that the language of the statute is mandatory and the commission must act within 180 days

assistant: The best answer is B. holding that the commission exercises substantial discretion in selecting the appropriate ratemaking methodology and this is especially true where as here the issues involve complex factual determinations peculiarly within the expertise of the commission
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 reserves the right to amend or terminate the Plan at any time, by providing at least ninety (90) days advance written notice to each Participant; provided that no such amendment that has the effect of reducing or diminishing the right of any Participant will be effective without the written consent of such Participant.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement has been duly executed and delivered by the Borrower and constitutes, and each other Loan Document when executed and delivered by each Loan Party that is party thereto will constitute, a legal, valid and binding obligation of such Loan Party enforceable against each such Loan Party in accordance with its terms, subject to (i) the effects of bankruptcy, insolvency, moratorium, reorganization, fraudulent conveyance or other similar laws affecting creditors’ rights generally, (ii) general principles of equity (regardless of whether such enforceability is considered in a proceeding in equity or at law) and (iii) implied covenants of good faith and fair dealing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: no earlier than December 7, 2003. If their claims accrued before that date, then this court is without jurisdiction to hear them. A. Claim Accrual and Statute of Limitations in Overflight Takings Cases A claim against the government under the Tucker Act first accrues “when all the events which fix the government’s alleged liability have occurred and the plaintiff was or should have been aware of their existence.” Hopland Band of Pomo Indians v. United States, 855 F.2d 1573, 1577 (Fed.Cir.1988) (emphasis in original). In determining whether plaintiffs knew, or should have known, of the requisite factual predicates establishing the government’s alleged liability in this case, the court must apply an objective standard. See Fallini v. United States, 56 F.3d 1378, 1380 (Fed.Cir.1995) (<HOLDING>). Because plaintiffs bear the burden of Options: A. recognizing cause of action B. holding that a plaintiff does not have to possess actual knowledge of all the relevant facts in order for the cause of action to accrue C. holding that ratification requires full knowledge of all the facts upon which the unauthorized action was taken D. holding illinois courts have frequently recognized a cause of action for legal malpractice will rarely accrue prior to the entry of an adverse judgment settlement or dismissal of the underlying action in which plaintiff has become entangled due to the purportedly negligent advice of his attorney E. recognizing the cause of action

assistant: The best answer is B. holding that a plaintiff does not have to possess actual knowledge of all the relevant facts in order for the cause of action to accrue
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: him to relief, the trial judge abuses his discretion in failing to hold a hearing.” King, 29 S.W.3d at 569. A defendant must present a motion for new trial to the trial court within ten days of being filed. Gardner v. State, 306 S.W.3d 274, 305 (Tex.Crim.App.2009). “The purpose of the presentment rule is ‘to put the trial court on actual notice that a defendant desires the trial court to take some action on the motion for new trial such as a ruling or a hearing on it.’ ” Stokes v. State, 277 S.W.3d 20, 21 (Tex.Crim.App.2009) (citing Carranza v. State, 960 S.W.2d 76, 78 (Tex.Crim.App.1998)). The Court of Criminal Appeals has ac earing on the copies of the motions for new trial filed with the trial court, they too are insufficient to establish presentment. See Stokes, 277 S.W.3d at 25 (<HOLDING>). After the parties filed their respective Options: A. holding that a good cause showing will not suffice to fulfill the compelling reasons standard that a party must meet to rebut the presumption of access to dispositive pleadings and attachments B. recognizing that anonymous notations at the end of a proposed order will not suffice to establish presentment C. holding that the use of the word or in a statute indicates that any of the listed alternative methods will suffice D. holding that ordinance conferred unbridled discretion where issuance of permit was subject to broad findings that proposed use will not have a harmful effect upon the health or welfare of the general public and will not be detrimental to the welfare of the general public and will not be detrimental to the aesthetic quality of the community or the surrounding land uses E. recognizing that an appellate court ordinarily will not consider issues that were not raised at trial

assistant: The best answer is B. recognizing that anonymous notations at the end of a proposed order will not suffice to establish presentment
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: Effective as of the Closing, each Seller, Owner and Representative, on behalf of itself, himself or herself and its, his or her Affiliates and each of its, his, her, and their respective heirs, successors and assigns (collectively, the “ Releasing Parties ”), hereby releases, acquits and forever discharges the Company, and any and all of its successors and assigns, together with all their present and former directors and officers (collectively, the “ Released Parties ”), from any and all manner of Actions, damages, demands and Liabilities whatsoever in law or equity, whether known or unknown, liquidated or unliquidated, fixed, contingent, direct or indirect, which the Releasing Party ever had, has or may have against any of the Released Parties for, upon, or by reason of any matter, transaction, act, omission or thing whatsoever arising under or in connection with any of the Released Parties, from the beginning of time to and including the Closing Date, other than (i) obligations arising under this Agreement or any transactions or documents contemplated thereby or executed in connection therewith, (ii) rights of such Seller as an employee of the Company for accrued but unpaid compensation as of the Closing Date, but only to the extent taken into account in the determination of the Final Closing Working Capital; (iii) accrued rights of such Seller as an employee of the Company under the Company’s benefit plans in accordance with the express terms thereof; and (iv) such Seller’s rights to indemnification under the Company’s organizational documents in effect on the Closing Date for having served as an officer or director of the Company.

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: If any provision of this Lease or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance, is held invalid or unenforceable, the validity and enforceability of the remainder of this Lease, and of the application of any such circumstances, shall not be affected thereby, it being intended that all rights, powers and privileges of Lessor hereunder shall be enforceable to the fullest extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: (Tenn. Crim. App. 1987); 7 Tenn. Prac. Pattern Jury Instr. T.P.I.-Crim. 42.04 (18th ed. 2014). It is apparent, then, that the significance of a witness’ demeanor , most cases will allow a successor judge to evaluate the weight of the evidence because most eases will not depend so heavily upon witness demeanor alone as the determining factor of witness credibility. We reiterate that most components of witness credibility may be determined from the record. Stated another way, the argument that a successor judge is unable to rule as the thirteenth juror presumes that the witnesses’ demeanor on the stand was so significant in and of itself as to raise a concern that the jury’s verdict was a “miscarriage of justice.” We are not persuaded to adopt this approach. See Willis, 373 S.E.2d at 81 (<HOLDING>). Accordingly, we hold that a successor judge Options: A. holding that it is the exclusive province of the judge in nonjury trials to assess the credibility of witnesses and to assign weight to their testimony B. recognizing that the argument that the nature of the witnesses testimony and their relationship to each other in this case itself creates an issue of fact as to its credibility is not legally sound C. recognizing that in any criminal trial the credibility of the prosecutions witnesses is central D. holding that this court will not substitute its judgment for that of the administrative fact finder who heard the testimony and was in a position to evaluate the credibility of witnesses because evidence is weighed by the administrative agency and not by the courts E. holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

assistant: The best answer is B. recognizing that the argument that the nature of the witnesses testimony and their relationship to each other in this case itself creates an issue of fact as to its credibility is not legally sound
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 to the Court’s Order dated December 17, 2015, attached as Exhibit E and incorporated herein, the terms and conditions set forth in this Agreement constitute the complete and exclusive statement of the agreement between the Parties hereto relating to the subject matter of this Agreement, superseding all previous negotiations and understandings, and may not be contradicted by evidence of any prior or contemporaneous agreement. The Parties further intend that this Agreement constitutes the complete and exclusive statement of these terms as between the Parties hereto.

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: The Guarantor agrees to pay to the Agent all out-of-pocket expenses (including reasonable expenses for legal services of every kind) of, or incident to, the enforcement of any of the provisions of this Agreement, or performance by the Agent of any obligations of the Guarantor in respect of the Collateral which the Guarantor has failed or refused to perform, or any actual or attempted sale, or any exchange, enforcement, collection, compromise or settlement in respect of any of the Collateral, and for the care of the Collateral and defending or asserting rights and claims of the Agent and the Lenders in respect thereof, by litigation or otherwise and all such expenses shall be Guaranteed Obligations.

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: Your job title will continue to be General Counsel, and you will be expected to devote all of your business time and efforts to the performance of the duties and responsibilities normally associated with this position, including those that will from time-to-time be assigned to you by the Chief Executive Officer. Notwithstanding the foregoing, you will be permitted to serve on the boards of directors of charitable organizations and perform charitable activities that do not interfere in any material manner with your duties under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence of these matters is not required to sustain a conviction. Indeed, the “affirmative links” analysis is a way “to explain why the circumstantial evidence in a particular case [is] sufficient for conviction.” Brown, 911 S.W.2d at 747. In addition, the trial court, as trier of fact, was the sole judge of the credibility of the witnesses and could have disbelieved the defense witnesses’ testimony that others had used Wiley’s car. See Dewberry, 4 S.W.3d at 740. In such a case, there would be no basis for considering Wiley’s possession of the car to be shared with others. Wiley also relies on Miller v. State, 627 S.W.2d 235, 237 (Tex.App.-San Antonio 1981, pet. ref'd), for the proposition that evidence that the defendant possessed keys to pp.-Houston [1st Dist.] 2002, pet. ref'd) (<HOLDING>); Lassaint v. State, 79 S.W.3d 736, 741-46 Options: A. holding that there was insufficient evidence to establish that defendant had knowledge of firearm in close proximity to him when he was driving the car for the cars owner who was a passenger B. holding evidence that showed only that defendant drove car in which cocaine was found was insufficient to connect him to it especially in light of his attempts to dissociate himself from passenger who was high and in possession of pop at time of arrest C. holding evidence did not connect defendant to narcotics found in individual bags inside a larger bag in a car following the defendants car when the only connection was his fingerprints on outer bag and when the driver and passenger of the car in which the drugs were found exhibited nervousness and other factors indicating consciousness of guilt D. holding that defendant who was a passenger in a car had joint constructive possession of drugs found next to the defendants luggage in truck of car even where she disclaimed ownership of the drugs E. holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence

assistant: The best answer is B. holding evidence that showed only that defendant drove car in which cocaine was found was insufficient to connect him to it especially in light of his attempts to dissociate himself from passenger who was high and in possession of pop at time of arrest
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: Company confirms that neither it nor any other person or entity acting on its behalf has provided JGB or its counsel with any information that constitutes or might constitute material, nonpublic information. The Company will disclose the material terms of this Agreement and the transactions contemplated hereby by not later than 8:00 a.m. on September 2, 2016, or such earlier time as may be required by law, by means of a Current Report on Form 8-K filed with the Securities and Exchange Commission. The Current Report on Form 8-K shall be subject to the prior review and comment of JGB. From and after the filing of the Current Report on Form 8-K with the SEC, the Company acknowledges and agrees that JGB shall not be in possession of any material, nonpublic information received from the Company, any Guarantor or any of their respective officers, directors, employees or agents. The Company acknowledges that JGB shall not be deemed to have any obligation of confidentiality with respect to (i) any non-public information of the Company disclosed to JGB by or on behalf of the Company, (ii) the fact that JGB has exercised any of its rights and/or remedies under the Transaction Documents or the Operative Documents, or (iii) any information obtained by JGB as a result of exercising any of its rights and/or remedies under the Transaction Documents or Operative Documents. In addition, JGB shall not be deemed to be in breach of any duty to the Company and/or to have misappropriated any non-public information of the Company, if JGB engages in transactions of securities of the Company, including, without limitation, any hedging transactions, short sales or any “derivative” transactions while in possession of such non-public information.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: This inquiry must ‘be searching and careful,’ but ‘the ultimate standard of review is a narrow one.’ ”); see also Grumman Data Sys. Corp. v. Widnall, 15 F.3d 1044, 1046 (Fed.Cir.1994) (recognizing that “Government agencies are entrusted with a good deal of dis a permanent injunction is the same as that for preliminary injunction, except the plaintiff must show actual success on the merits instead of a likelihood of success on the merits. See Amoco Prod. Co. v. Village of Gambell, AK, 480 U.S. 531, 546 n. 12, 107 S.Ct. 1396, 94 L.Ed.2d 542 (1987). In addition, the plaintiff must establish: irreparable harm; the balance of the hardship favors the plaintiff; and a “tolerable effect on the public interest.” Sofamor Danek Group, Inc. v. DePuy-Motech, Inc., 74 F.3d 1216, 1219 (Fed.Cir.1996) (<HOLDING>) (citing Reebok Int’l Ltd. v. J. Baker, Inc., Options: A. holding that the defendant bears the burden of proving outside contact with the jury B. holding that the court must balance these factors against one another and against the extent of the relief sought and movant bears the burden of proving entitlement to relief C. holding that the plaintiff bears the burden of showing that he has standing for each type of relief sought D. holding that a plaintiff in an erisa denial of benefits case bears the burden of proving her entitlement to contractual benefits E. recognizing that the party seeking attorney fees bears the burden of proving entitlement to those fees

assistant: The best answer is B. holding that the court must balance these factors against one another and against the extent of the relief sought and movant bears the burden of proving entitlement 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: (104 SCt 2052, 80 LE2d 674) (1984). 67 Chapman v. State, 273 Ga. 348, 349-50 (2) (541 SE2d 634) (2001); see Strickland, 466 U. S. at 687 (III); Ashmid v. State, 316 Ga. App. 550, 556 (3) (730 SE2d 37) (2012). 68 Chapman, 273 Ga. at 350 (2);see Cammer v. Walker, 290 Ga. 251, 255 (1) (719 SE2d 437) (2011) (“A claim of ineffective assistance of counsel is judged by whether counsel rendered reasonably effective assistance, not by a standard of errorless counsel or by hindsight.” (punctuation omitted)). 69 Sowell v. State, 327 Ga. App. 532, 539 (4) (759 SE2d 602) (2014). 70 Maurer v. State, 320 Ga. App. 585, 595 (6) (g) (740 SE2d 318) (2013) (punctuation omitted). 71 State v. Mobley, 296 Ga. 876, 881 (770 SE2d 1) (2015). 72 Maurer, 320 Ga. App. at 595 (6) (g); see Mobley, 296 Ga. at 881 (<HOLDING>); State v. Reynolds, 332 Ga. App. 818, 822-23 Options: A. holding that trial counsel did not render ineffective assistance by positing mutual combat defense as an alternative in murder case even if doing so might have impaired principal defense of justification B. holding that the appropriate vehicle for claims alleging that defense counsel violated a defendants right to testify is a claim of ineffective assistance of counsel C. holding that the erroneous omission of a justification defense was harmless where counsel did not invoke the defense during either voir dire or opening statements and where the defense did not appear to be the primary focus of the defensive theory at trial D. recognizing an innocent possession defense though the defense in that case is more properly considered a justification defense as life and limb were arguably at stake E. holding that defense counsel was not constitutionally ineffective for presenting a diminished capacity defense as opposed to a defense of legal insanity

assistant: The best answer is A. holding that trial counsel did not render ineffective assistance by positing mutual combat defense as an alternative in murder case even if doing so might have impaired principal defense of justification
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted under Minnesota law. This Agreement sets forth the entire agreement between the parties. Employee is not relying on any other agreements or oral representations not fully addressed in this Agreement. Any prior agreements between or directly involving Employee and the Company are superseded by this Agreement. To the extent of any conflict between the terms of this Agreement and the Company’s severance plan, the provisions of this Agreement shall prevail. The provisions of this individually-negotiated Agreement are severable, and if any part of this Agreement except Paragraph 3 is found by a court of law to be unenforceable, the remainder of this Agreement will continue to be valid and effective. The headings in this Agreement are provided for reference only and shall not affect the substance of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of Section 2.15 (which shall be controlling with respect to the matters covered thereby), in the event that any Lender shall determine (which determination shall, absent manifest error, be final and conclusive and binding upon all parties hereto) that any Change in Law: (i) subjects such Lender to any additional Tax (other than (A) Indemnified Taxes, (B) Taxes described in clauses (b) through (d) of the definition of Excluded Taxes and (C) Connection Income Taxes) with respect to this Agreement or any of the other Credit Documents or any of its obligations hereunder on its Loans, Loan principal, Commitments or other obligations, or its deposits, reserves, other liabilities or capital attributable thereto; (ii) imposes, modifies or holds applicable any reserve (including any marginal, emergency, supplemental, special or other reserve), special deposit, compulsory loan, FDIC insurance or similar requirement against assets held by, or deposits or other liabilities in or for the account of, or advances or loans by, or other credit extended by, or any other acquisition of funds by, any office of such Lender; or, (iii) imposes any other condition (other than with respect to a Tax matter) on or affecting such Lender (or its applicable lending office) or its obligations hereunder; and the result of any of the foregoing is to increase the cost to such Lender of agreeing to make, making or maintaining Loans hereunder or to reduce any amount received or receivable by such Lender (or its applicable lending office) with respect thereto; then, in any such case, the Borrowers shall promptly pay to such Lender, upon receipt of the statement referred to in the next sentence, such additional amount or amounts (in the form of an increased rate of, or a different method of calculating, interest or otherwise as such Lender in its sole discretion shall determine) as may be necessary to compensate such Lender for any such increased cost or reduction in amounts received or receivable hereunder. Such Lender shall deliver to the Administrative Borrower (with a copy to the Administrative Agent) a written statement, setting forth in reasonable detail the basis for calculating the additional amounts owed to such Lender under this Section 2.14(a), which statement shall be conclusive and binding upon all parties hereto absent manifest error.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subtenant agrees not to assign, mortgage, pledge or otherwise encumber this Sublease, nor to sublet the Premises or any part thereof, without in each instance obtaining the prior written consent of Sublandlord or Master Lessor (if required under the terms of the Master Lease), which consent of any of such consenting parties may be withheld in its sole discretion.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Tracy, 14 S.W.3d at 827. A substantial right is not affected and the error is harmless if, after reviewing the entire record, the appellate court determines the error did not influence, or had only a slight influence, on the trial’s outcome. Tracy, 14 S.W.3d at 827. The court of criminal appeals has held no violation of substantial rights occurs during the voir dire unless the record shows the defendant was denied a fair and impartial jury. See Ladd v. State, 3 S.W.3d 547, 562 (Tex.Crim.App.1999). Nothing in the record before us shows that the jury selected in Ashley’s absence was unfair or impartial. See Gray v. State, 233 S.W.3d 295, 298-99 (Tex.Crim.App.2007) (concluding that appellant’s only substantial right is that jurors who serve be qualified); Ladd v. State, 3 S.W.3d at 562 (<HOLDING>). We conclude that the error of Ashley’s Options: A. holding no violation of substantial rights occurred during voir dire where record did not show that defendant was denied fair and impartial trial B. holding that defendants have a right to be present at voir dire C. holding a record reflecting that the applicable range of punishment was discussed during voir dire is enough to dispel a claim that appellants substantial rights were violated D. holding that even where the case has been called for trial the trial is not deemed to have commenced for speedy trial purposes until the jury is empaneled voir dire has occurred or some other substantial step of trial begins E. holding a defendants due process rights were violated where he was compelled to wear prison clothing during jury voir dire

assistant: The best answer is A. holding no violation of substantial rights occurred during voir dire where record did not show that defendant was denied fair and impartial trial
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: C. Location of Material Events and Evidence Third, the Court weighs the location of material events and material evidence. Collins, 2014 WL 279865, at *2; Brotherhood Mut. Ins. Co., 2011 WL 1627114, at *2. As already stated, Indiana has a substantial connection to the material events of this case. However, given that Mr. Long lives and primarily conducted his business on the West Coast of the United States, Washington also bears a significant connection to the material events. CAI acknowledges that most of the material evidence in this case is documentary or electronic in nature and notes that it is stored in both forums. In such circumstances, courts frequently consider this factor to be neutral in the decision to transfer. See, e.g., Bruce Lee Enters., LLC, 2010 WL 989909, at *2, *4 (<HOLDING>); Picker Int'l, Inc. v. Travelers Indem. Co., Options: A. holding in a case involving denial of coverage under an insurance contract that the location of documentary evidence related to insurance coverage mattered less than the location of the underlying tort suits B. holding location of named driver exclusion in endorsement did not make it ambiguous exclusion applied to all coverage afforded by the policy including the um coverage C. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage D. holding in mcgee limited to suits involving contract of insurance E. holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed

assistant: The best answer is A. holding in a case involving denial of coverage under an insurance contract that the location of documentary evidence related to insurance coverage mattered less than the location of the underlying tort suits
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: in which a trial justice must conduct a plea proceedi It is well settled in this state that “[gjuilty pleas are valid only if voluntarily and intelligently entered, and the record must so affirmatively disclose” facts pertaining to those requirements. State v. Figueroa, 639 A.2d 495, 498 (R.I.1994). Having reviewed the record, including the transcript of the plea, it is our opinion that the trial justice’s colloquy was thorough and established that applicant’s guilty plea was voluntary and made with knowledge and understanding of the charges against her. See Tavarez v. State, 826 A.2d 941, 943 (R.I.2003) (acknowledging proper colloquy when trial justice clearly explained the defendant’s rights and inquired about the defendant’s understanding of the plea form); Frazar, 822 A.2d at 936 (<HOLDING>). The justice who presided over the Options: A. holding that plea colloquy did not refute defendants claim that counsel was ineffective for failing to investigate his competency because defendants competency was never addressed at the plea colloquy B. holding a plea affidavit is properly incorporated in the record when the trial judge ascertains in the plea colloquy that the defendant has read has understood and acknowledges all the information contained therein C. holding that in the absence of clear and convincing evidence to the contrary a defendant is bound by statements made under oath during his plea colloquy D. recognizing that plea colloquy demonstrated that the defendant understood his rights and voluntarily relinquished them E. holding that absent clear and convincing evidence to the contrary a defendant is bound by his representations made during a plea colloquy

assistant: The best answer is D. recognizing that plea colloquy demonstrated that the defendant understood his rights and voluntarily relinquished them
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 “unclaimed” and mail that a party “refuses to claim.” See Pressler, supra, comment on R. 1:5-2, comment 1 on R. 1:5-4. Although a literal distinction between the two phrases may suggest otherwise, we are satisfied that Caldwell’s interpretation is consonant with the intent underlying the rules. See Town of Morristown v. Woman’s Club of Morristown, 124 N.J. 605, 610, 592 A.2d 216 (1991) (observing that plain language of statute [or rule] should be given effect unless there is “specific indication of legislative intent to the contrary”). D. Due process is implicated in this case because a wage garnishment affects defendant’s interest by depriving him of the continued use of some portion of his property. See Township of Montville v. Block 69, Lot 10, 74 N.J. 1, 8, 376 A.2d 909 (1977) (<HOLDING>). In New Jersey, as elsewhere, “[t]he essential Options: A. holding that deprivation of property must conform to due process principles B. holding written judgment must conform to oral pronouncement C. holding that the trial courts oral pronouncement must conform to the written judgment D. holding that courts written sentence must conform to oral pronouncement E. recognizing that before due process guarantees are implicated there must be a deprivation by the government of constitutionally protected interest

assistant: The best answer is A. holding that deprivation of property must conform to due process principles
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: hindered, delayed, or defrauded) to be clearly and utterly void, frustrate and of no effect, any pretense, color, feigned consideration, expressing of use, or any other matter or thing to the contrary notwithstanding. S.C.Code Ann. § 27-23-10(A). 1. Cash Transfers May Be Voided under The Statute of Elizabeth Ross contends that cash transfers are not covered by the Statute of Elizabeth and, therefore, that the transfers to the Ross Shareholders and Directors are not voidable. Conveyances of cash are, admittedly, not expressly referenced in the Statute of Elizabeth. S.C.Code Ann. § 27-23-10(A). However, the South Carolina Supreme Court does not view the listing of various specific types of property in the statute as prohibitive. See Avery v. Wilson, 47 S.C. 78, 25 S.E. 286, 294 (1896) (<HOLDING>). In Fabrica la Estrella S.A. de C.V. v. Banda, Options: A. holding that the omission from the statute of elizabeth as then written of the words goods and chattels did not enable debtors to practice frauds as to goods and chattels any more than they could as to any other property B. holding that a statement of conditional sale of goods can be filed with the state auditor before the delivery of goods where statute says the statement must be filed within ten days of delivery of goods C. holding that a creditors pmsi in goods sold to debtors did not survive consolidation of the original installment contract with a later contract for the purchase of additional goods D. holding single coexecutors release of mortgage debt paid to estate was valid and binding on estate because acts of any coexecutor in respect to the administration of the effects of the estate are deemed to be the acts of all as where one releases a debt or settles an account of a person with the deceased or surrenders a term or sells the goods and chattels of the estate his act binds the others characterizing conversion of decedents personal property into cash as act in due course of administration of estate E. holding that a buyer who purchases goods subject to an express warranty that the goods are free from all liens takes free of any unperfected security interest

assistant: The best answer is A. holding that the omission from the statute of elizabeth as then written of the words goods and chattels did not enable debtors to practice frauds as to goods and chattels any more than they could as to any other property
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules, and any temporary or final judgment or award rendered by the arbitrator(s) may be entered in any state or federal court in Tarrant County, Texas. All parties expressly waive their right to a jury trial for any such claim.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and each of its Significant Subsidiaries is validly existing and in good standing under the laws of its jurisdiction of organization, and is duly qualified to do business in each jurisdiction where, in light of the nature of the business transacted or the property owned by it, such qualification is necessary and the failure so to qualify might permanently impair title to property material to its operations or its right to enforce a material contract against others, or expose it to substantial liability in such jurisdiction. The Borrower is not nor is required to be registered as an “investment company” under the Investment Company Act of 1940.

assistant: Powers
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: circumscribe the scope of the immunity from civil suit in light of the new criminal statute. Criminal sanctions can coexist peacefully with the absence of civil liability. In fact in this situation, Illinois courts might worry that eliminating immunity would open the doors to frivolous lawsuits, which would have a chilling effect on 911 calls. Golden contends that his claims were not frivolous because, in his view, the Illinois and municipal statutes criminalizing false 911 calls created an implied private cause of action. See 50 ILCS 750/15.2; 720 ILCS 5/26-1(a)(12); Chicago Municipal Code § 8-4-145. Thomas counters that Golden forfeited this argument by making only a brief reference to it in his motion to reconsider the judge’s order granting sanctions. See Havoco, 971 F.2d at 1336 (<HOLDING>). We agree with Thomas that the point is too Options: A. holding that an argument raised for the first time in a rule 59e motion is waived on appeal B. holding argument forfeited if raised for the first time in a motion to reconsider C. holding argument is waived when raised for first time in reply brief D. holding that arguments raised for the first time in a reply brief are forfeited E. holding that an argument raised for the first time in a reply brief is waived

assistant: The best answer is B. holding argument forfeited if raised for the first time in a motion to reconsider