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: Laney had no reasonable expectation of privacy in the home because at the time of the searches the ownership of the property had passed to the V.A., which, accordingly, had authority to enter and possess the home. Id. at 527, 842 A.2d at 776. The facts found by the trial court, viewed within the “objectively reasonable” standard, rendered Laney’s claim without merit. C. Squatters Nationwide Some courts throughout the country, in trying to determine whether a “squatter” has standing under the Fourth Amendment, have asked whether the individual manifested an actual, subjective expectation of privacy in the place searched and whether his or her expectation was one that society is prepared to recognize as reasonable or legitimate. United States v. Gale, 136 F.3d 192, 195 (D.C.Cir.1998) (<HOLDING>); United States v. Whitehead, 415 F.3d 583, 588 Options: A. holding that squatter had no standing to challenge search of abandoned apartment because hardly more than a fugitive presence would not be one that could be accepted by society B. holding that squatter had no reasonable expectation of privacy and therefore no fourth amendment standing to challenge search of abandoned structure C. holding that squatter had no standing to challenge search of abandoned house where he was staying D. holding that a squatter had no standing to challenge search of vacant home he frequented for the sole purpose of engaging in drugrelated business transactions E. holding that squatter had no standing to challenge search of abandoned apartment which he had occupied solely for the business of packing for distribution for narcotics

assistant: The best answer is E. holding that squatter had no standing to challenge search of abandoned apartment which he had occupied solely for the business of packing for distribution for narcotics
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: except where these terms or any separate agreement specifically provide for use of a different means or address for notice , any notice to evernote must be delivered by email to compliance@evernote.com .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that uber does not provide transportation or logistics services or function as a transportation carrier and that all such transportation or logistics services are provided by independent third party contractors who are not employed by uber or any of its affiliates .

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: All of each Borrower’s obligations under this Article III shall survive satisfaction of the Termination Conditions, and resignation of the Administrative Agent. Notwithstanding the foregoing, (a) the Borrowers shall not be required to make any payments to any Lender under Section 3.01, 3.02 or 3.04 for any costs or reductions incurred more than nine months prior to the date that such Lender notifies the Borrowers of the circumstances giving rise to such costs or reductions and of such Lender’s intention to claim compensation therefor; provided that if the event giving rise to such costs or reductions is given retroactive effect, then the nine months period referred to above shall be extended to include the period of retroactive effect therefor; (b) the Borrowers shall not be obligated to compensate any Lender under Section 3.05 for any such losses, expenses or liabilities attributable to any such circumstance occurring prior to the date that is 30 days prior to the date on which such Lender requested such compensation from the Borrowers.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither you nor any person claiming under or through you shall have any right or interest, whether vested or otherwise, in the Plan or the Award, unless and until all of the terms, conditions and provisions of the Plan and this Agreement shall have been complied with. In addition, neither the adoption of the Plan nor the execution of this Agreement shall in any way affect the rights and powers of any person to dismiss or discharge you at any time from employment with the American Express companies. Notwithstanding anything herein to the contrary, neither the Company nor any of its Affiliates (as that term is defined in the Plan) nor their respective officers, directors, employees or agents shall have any liability to you (or those claiming under or through you) under the Plan, this Agreement or otherwise on account of any action taken, or decision not to take any action made, by any of the foregoing persons with respect to the business or operations of the Company or any of its Affiliates (as that term is defined in the Plan), despite the fact that any such action or decision may adversely affect in any way whatsoever the financial or other measures or amounts which are accrued or payable or any of your other rights or interests under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall inure to the benefit of the Company, its subsidiaries, affiliates, successors, and assigns. Except as otherwise provided in this Agreement, this Agreement shall inure to the benefit of Executive, and Executive’s heirs, representatives, and successors. This Agreement shall not be assignable by Executive (but any payments due hereunder which would be payable at a time after Executive’s death shall be paid to Executive’s estate).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts. Any notice or request required or permitted to be given hereunder shall be sufficient if in writing and deemed to have been given if delivered personally or sent by certified mail, return receipt requested, to you at the address above, and to the Company at its Corporate Headquarters (Attn: Corporate Secretary).

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: Not to Renew . If the Company or Employee gives the other a notice not to renew this Agreement under Section 3.1, employment under this Agreement shall terminate at the close of business at the end of the Initial Expiration Date or at the end of the 12-month renewal period in which timely notice not to renew was given, as the case may be. A notice by the Company not to renew shall be considered a notice of termination, resulting in the Company terminating Employee’s employment under this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any expiration termination hereof shall not impair any rights or discharge any obligations that accrued to the Parties as of the effective date of such expiration or termination. The following provisions shall survive any expiration or termination of this Agreement Sections 5 , 6.5 (last two sentences), 8 , 9.5 , 10 , 11 , 12 , 13.4 , 13.5 and 14 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. Delivery by facsimile by any of the parties hereto of an executed counterpart of this Agreement shall be as effective as an original executed counterpart hereof and shall be deemed a representation that an original executed counterpart hereof will be delivered.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The original principal amount of this Note (the “Loan”), and all interest accrued thereon, shall be due and payable on the Maturity Date, accelerated or otherwise, when the principal and remaining accrued but unpaid interest shall be due and payable, or sooner as described below and subject to Section 3.

assistant: Payments
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: amend the judgment, it stated: [Kleenco’s counsel] has a point in that there are certain amount of expenses that should be deducted from the 5-50[sic]. This amount seems to be rather minuscule. The best this Court can estimate is approximately a dollar a day, or perhaps $30 at best. Viewing, however, that this is a fairly new vehicle, the use of its truck, United is only entitled to nominal loss of use damages because it failed to prove the associated costs which should have been deducted from the rental amount awarded. Ferreira, 44 Haw. at 576, 356 P.2d at 656 (“To authorize a recovery of more than nominal damages, facts must exist and be shown by the evidence which afford a basis for measuring the plaintiffs loss with reasonable certainty.”); Omura, 78 Hawai'i at 418, 894 P.2d at 115 (<HOLDING>). V. Lastly, Kleenco contends that the court Options: A. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages B. holding that the right to nominal damages was waived in a breach of duty action when plaintiff failed to raise the issue of nominal damages until after the verdict C. holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request them D. holding that a plaintiff who proves a cause of action under 1981 may recover punitive damages where the plaintiff is entitled to an award of compensatory damages even if nominal E. holding that even though the plaintiff failed to prove that he suffered a meaningful injury he was nevertheless entitled to nominal damages for the defendants violation of his first amendment rights

assistant: The best answer is A. holding that when plaintiff has proven injury but has failed to prove the amount of damages the plaintiff is only entitled to nominal damages
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: various microsoft services allow you to send messages to others via voice or sms ( `` messages '' ) , and/or allow microsoft and microsoft-controlled affiliates to send such messages to you and one or more other users on your behalf .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to defend , indemnify , and hold academia.edu , its officers , directors , employees and agents , harmless from and against any claims , liabilities , damages , losses , and expenses , including , without limitation , reasonable legal and accounting fees , arising out of or in any way connected with your access to or use of the site , services or collective content , or your violation of these terms .

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: This Agreement is a personal service contract, and shall not be assignable by Executive. This Agreement shall be assignable by Employer to any affiliate of Employer without the written consent of the Executive. This Agreement shall be assignable by Employer to any successor to the business of Employer, without the written consent of Executive; provided, however, that the assignee or transferee is the successor to all or substantially all of the business assets of Employer and such assignee or transferee expressly assumes all the obligations, duties, and liabilities of Employer set forth in this Agreement. Any purported assignment of this Agreement in violation of this Section 7.09 shall be null and void. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns, and no other Person shall have any right, benefit or obligation hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any representation or warranty made or deemed made by the Borrower or the Parent under or in connection with any Transaction Document to which it is a party or any information or report delivered by or on behalf of any such Person to the Administrative Agent or any Lender hereunder or under any other Transaction Document shall prove to have been incorrect or untrue in any material respect when made or delivered (or when such representation, warranty, information or report is deemed to have been made or delivered), and such failure remains unremedied for thirty (30) days.

assistant: Warranties
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 voluntary standards], however, a party’s right to trial by jury is afforded the same protections as other constitutional rights”). 11 . The dissent claims that the parties conceded in oral argument that Bank of America’s initial burden of proof had been met. The dissent overlooks, however, that the parties made this "concession” prior to the supreme court's decision in In re General Electric Capital Corporation explaining the initial burden of proof to establish a knowing and voluntary contractual jury trial waiver and based on the erroneous assumption that arbitration procedures applied; the "concession" was thus nothing more than an agreement that Bank of America had established that a contractual jury waiver existed. See, e.g., In re Oakwood Mobile Homes, Inc., 987 S.W.2d at 573 (<HOLDING>). We agree that Bank of America has established Options: A. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration B. holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived C. holding trial court must decide whether to compel arbitration of personal injury claim of party who was not signatory to arbitration agreement D. holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement E. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement

assistant: The best answer is E. recognizing that in reviewing ruling on motion to compel arbitration we first determine whether party seeking arbitration established existence of arbitration agreement
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 365 U.S. 125 81 S.Ct. 433 5 L.Ed.2d 457 UNITED STATES, Appellant,v.PARKE, DAVIS & COMPANY. No. 526. Decided Jan. 23, 1961. Solicitor General Rankin, Assistant Attorney General Bicks, Daniel M. Friedman and Richard A. Solomon, for the United States. Gerhard A. Gesell, Edward S. Reid, Jr. and Roberts B. Owen, for appellee. PER CURIAM. 1 When this case was last here we held that the Government's proofs were sufficient to show that Parke Davis violated the Sherman Act, 15 U.S.C.A. §§ 1—7, 15 note. However, in reversing the District Court's judgment we remanded the case with direction to afford Parke Davis a further opportunity to submit evidence in defense in order to refute the Government's right to injunctive relief. United States v. Parke, Davis & Co., 362 U.S. 29, 49, 80 S.Ct. 503, 514, 4 L.Ed.2d 505. On remand, Parke Davis introduced evidence not to rebut the Government's proof as to violation but only to show that it had abandoned its illegal sales policy, and that therefore an injunction, being unnecessary, should not issue. On that record the District Court, 164 F.Supp. 827, entered an order denying not only the injunctive relief sought by the Government, but also an adjudication that Parke Davis had violated the law. The present appeal is not from the provision which denies injunctive relief, but from the omission of a provision adjudging that Parke Davis violated the Act. We have examined the record as supplemented on the remand and hold that under our prior order the Government is entitled to a judgment on the merits, as prayed in paragraph 1 of the section of the Complaint captioned 'Prayer.' We also hold that the District Court should retain the case on the docket for future action in the event the Government applies for further relief from an alleged resumption by Parke Davis of illegal activity. The order of the District Court filed July 18, 1960, is therefore vacated and the case is remanded to the District Court with direction to enter judgment accordingly. 2 It is so ordered. 3 Order vacated and case remanded. 4 Mr. Justice HARLAN, with whom Mr. Justice FRANKFURTER agrees, would place this case on the summary calendar for argument, postponing to the merits consideration of the question of jurisdiction raised by the respondent.

assistant: 8
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: if at any point any applicable sales use , vat , gst , excise , withholding or similar taxes or levies , whether domestic or foreign , exist , the member is liable for them .

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: All notices required or permitted hereunder shall be in writing and shall be deemed effectively given (i) upon personal delivery to the Party to be notified, (ii) when sent by confirmed facsimile if sent during normal business hours of the recipient, if not, then on the next business day or (iii) one business day after deposit with a nationally recognized overnight courier, specifying next-day delivery, with written verification of receipt. All communications shall be sent to the addresses set forth below or such other address or facsimile number as a Party may from time to time specify by notice to the other Parties.

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: The Company has all requisite corporate power and authority, and has taken all requisite corporate action, to execute and deliver this Agreement, the Registration Rights Agreement and the Voting Agreement (collectively, the “ Transaction Documents ”), sell and issue the Shares and Additional Shares and carry out and perform all of its obligations under the Transaction Documents. Each Transaction Document constitutes the legal, valid and binding obligation of the Company, enforceable in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws relating to or affecting the enforcement of creditors’ rights generally, (ii) as limited by equitable principles generally, including any specific performance and (iii) with respect to the Registration Rights Agreement, as rights to indemnity or contribution may be limited by state or federal laws or public policy underlying such laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Bailey v. State, 312 Ark. 180, 182, 848 S.W.2d 391, 392 (per curiam); see also Millsap v. Kelley, 2016 Ark. 406, at 2, 2016 WL 6803694 (per curiam). The trial court held that the motion was without merit and denied relief. Barnes lodged an appeal from the order in this court. Now before us are Barnes’s motions for extension of time to file the appellant’s brief, for appointment of counsel, and for a copy of the transcript lodged in this appeal. We dismiss the appeal because it is evident from the record that Barnes could not succeed on appeal. This court will not permit an appeal from an order that denied a petition for postconviction relief to go forward where it is clear that the appellant could not prevail. Justus v. State, 2012 Ark. 91, 2012 WL 664259. 9 S.W.3d 693 (per curiam) (<HOLDING>). Even though Barnes’s petition was signed and Options: A. holding that second state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed B. holding that a petition to correct sentence was properly considered as a petition for postconviction relief pursuant to rule 371 because it challenged a judgment entered on a plea of guilty on grounds cognizable under the rule C. holding that third state petition for postconviction relief that was dismissed as an abuse of the writ was properly filed D. holding that because the petitioner had already filed a rule 371 petition he was barred from submitting a subsequent petition under that rule and his petition was subject to dismissal on that basis regardless of the label he placed on it E. holding that because the defendants challenge to his sentence implicated his plea agreement the defendants request must be construed as a petition for postconviction relief

assistant: The best answer is B. holding that a petition to correct sentence was properly considered as a petition for postconviction relief pursuant to rule 371 because it challenged a judgment entered on a plea of guilty on grounds cognizable under the rule
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: Simple interest shall accrue on the outstanding principal balance of the note at a rate of 8% per annum from the date the principal balance was advanced. All accrued but unpaid interest plus the outstanding principal balance will be payable on demand, if not prepaid by ProtoKinetix.

assistant: Interests
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: Seller shall promptly on demand pay to or as directed by Buyer all third‑party out‑of‑pocket costs and expenses (including legal, accounting and advisory fees and expenses) incurred by Buyer in connection with (a) the development, evaluation, preparation, negotiation, execution, consummation, delivery and administration of, and any amendment, supplement or modification to, or extension, renewal or waiver of, the Repurchase Documents and the Transactions, (b) any Asset or Purchased Asset, including pre‑purchase and/or ongoing due diligence, inspection, testing, review, recording, registration, travel custody, care, insurance or preservation, (c) the enforcement of the Repurchase Documents or the payment or performance by Seller of any Repurchase Obligations, and (d) any actual or attempted sale, exchange, enforcement, collection, compromise or settlement relating to the Purchased Assets.

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: During each year of the Term, the Executive shall be entitled to a vacation period or periods in accordance with the vacation policy of the Company as in effect from time to time, but not less than twenty-five (25) days.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan shall become effective on the date it is approved by the Company's shareholders, which shall be considered the date of its adoption for purposes of Treasury Regulation §1.422-2(b)(2)(i). No Awards shall be made under the Plan prior to its effective date. If the Company's shareholders fail to approve the Plan within 12 months of its approval by the Board, the Plan shall be of no further force or effect.

assistant: Effective Dates
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 is not intended to affect, establish, or diminish any liability of commercial builders, contractors or renovators.”). Indeed, part of the court’s rationale was that California homeowners generally would not be insured for an injury suffered after conveyance of the property. Id. at 483. No such analysis has been offered here. Second, unlike Strakos, Preston focused on “ownership and control as a fundamental requirement for ascribing liability,” rather than the creation of a dangerous condition. Id. at 483. Strakos also rejected the accepted work doctrine, a doctrine that eliminated a defendant’s liability after work was accepted because the defendant no longer controlled the property. Strakos, 360 S.W.2d at 790 (explaining that liability should not exist day 704, 706-08 (1989) (<HOLDING>); see also Carroll v. Dairy Farmers of Am., Options: A. holding that the current property owner may not assert a public nuisance claim against the former owner B. recognizing the general rule that a property owner is not liable for the negligence of an independent contractor C. holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional D. holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage E. holding former plant owner liable for negligent design of conveyor belt

assistant: The best answer is E. holding former plant owner liable for negligent design of conveyor belt
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: By executing this Agreement, Employee acknowledges that this Agreement is assignable by Company and acknowledges that a breach of this agreement will give rise to irreparable and continuing injury to the Company, and further agrees that the Company or its successors and assigns may obtain injunctive relief against the breach or threatened breach of this Agreement, in addition to any other legal remedies which may be available to it. If any court refuses to enforce this Agreement or any provision hereof, because it is more extensive (as to time, geographic area, definition of Client or otherwise) than is necessary to protect the business and goodwill of the company, Employee agrees that this Agreement, or the offending provision, shall be modified to the extent necessary to permit the terms hereof to be enforced in any such legal proceeding. Employee understands that all obligations under this Agreement shall survive termination or expiration of Employee’s employment with Company.

assistant: Remedies
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: Notices from Landlord to the Permitted Leasehold Mortgagee for which notice has been properly provided to Landlord pursuant to Section 17.1(b) hereof shall be provided in the method provided in Section 35.1 hereof to the address or fax number furnished Landlord pursuant to subsection (b) of this Section 17.1 , and those from the Permitted Leasehold Mortgagee to Landlord shall be mailed to the address designated pursuant to the provisions of Section 35.1 hereof. Such notices, demands and requests shall be given in the manner described in this Section 17.1 and in Section 35.1 and shall in all respects be governed by the provisions of those sections.

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: (a) Each of the Group Members has good record and marketable title, and with respect to the Eligible Unencumbered Assets, title in fee simple to, or a valid leasehold interest in, all its Real Property, and good title to, or a valid leasehold interest in, all its other Property, and none of such Property is subject to any Lien except as permitted by Section 7.3 or (in the case of any Property other than an Eligible Unencumbered Asset) as could otherwise be expected to have a Material Adverse Effect. Such Liens in the aggregate do not materially and adversely affect the value, operation or use of the applicable Real Property (as currently used) or the Borrower’s ability to repay the Loans.

assistant: Liens
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 simultaneously in two counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed signature page to this Agreement by facsimile transmission shall be as effective as delivery of a manually signed counterpart 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 legal provision and list the applicable contract clause categories. Provision: Executive agrees that, upon reasonable notice and without the necessity of the Company obtaining a subpoena or court order, Executive shall provide reasonable cooperation in connection with any suit, action or proceeding (or any appeal from any suit, action or proceeding), or the decision to commence on behalf of the Company any suit, action or proceeding, and any investigation and/or defense of any claims asserted against any of the Company’s or its Affiliates’ or Subsidiaries’ current or former directors, officers, employees, shareholders, partners, members, agents or representatives of any of the foregoing, which relates to events occurring during Executive’s employment hereunder by the Company as to which Executive may have relevant information (including but not limited to furnishing relevant information and materials to the Company or its designee and/or providing testimony at depositions and at trial), provided that with respect to such cooperation occurring following termination of the Employment Period, the Company shall reimburse Executive for expenses reasonably incurred in connection therewith and shall schedule such cooperation to the extent reasonably practicable so as not to unreasonably interfere with Executive’s business or personal affairs. Notwithstanding anything to the contrary, in the event the Company requests cooperation from Executive after his employment with the Company has terminated and at a time when Executive is not receiving any severance pay from the Company, Executive shall not be required to devote more than forty (40) hours of his time per year with respect to this Section 14, except that such forty (40) hour cap shall not include or apply to any time spent testifying at a deposition or at trial, or spent testifying before or being interviewed by any administrative or regulatory agency.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Tatta received between Dr. Wright’s initial denial of Tatta’s April 2002 request to be retreated with Pegylated Interferon in combination with Ribavirin and his subsequent approval of Tatta’s request in December 2003 was inadequate. Further, Dr. Wright has repeatedly stated that he initially refused to re-treat Tatta with Pegylated-Interferon with Ribavirin because, even though recommended by Drs. Fish and Rogers, the treatment had yet to gain FDA approval. See Wright Decl. at ¶¶ 18, 35-39. It was neither unreasonable nor indifferent for Dr. Wright to refuse a treatment not approved by the FDA. Thus, Tatta has failed to demonstrate that Dr. Wright was deliberately indifferent to his serious medical needs. See United States ex rel. Hyde v. McGinnis, 429 F.2d 864, 867-68 (2d Cir.1970) (<HOLDING>). As to Tatta’s allegation that Eastern’s Options: A. holding the trial court violated bradleys right to counsel of choice because none of the conditions identified in wheat as overriding the right to counsel of choice were present B. holding that evidence that patient who had a history of not taking medication and who murdered husband during a period when she was off of her medication and delusional tends to confirm the likelihood of serious harm to patient or others C. holding that inmates have a property interest in their money D. holding that inmates do not have the right to the medication of their choice E. recognizing that inmates have no freestanding right to a law library or legal assistance

assistant: The best answer is D. holding that inmates do not have the right to the medication of their choice
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: Indemnitee shall give the Company notice in writing as soon as practicable of any Proceeding for which indemnification or advancement of Expenses will or could be sought under this Agreement, provided that any failure or delay in giving such notice shall not relieve the Company of its obligations under this Agreement unless and to the extent that ( y ) none of the Company and its subsidiaries are party to or aware of such Proceeding and ( z ) the Company is materially prejudiced by such failure. The Company shall be entitled to participate in the defense of any Proceeding entitled to indemnification under this Agreement or to assume the defense thereof, with counsel chosen by the Company and reasonably satisfactory to Indemnitee (not to be unreasonably withheld) upon delivery to Indemnitee of written notice of the Company’s election to do so; provided , however, that if Indemnitee believes, after consultation with counsel selected by Indemnitee, that ( i ) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict of interest, ( ii ) the named parties in such Proceeding (including any impleaded parties) include both the Company and Indemnitee and the Indemnitee concludes that there may be one or more legal defense available to him that are different from or in addition to those available to the Company, or ( iii ) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, then Indemnitee shall be entitled to retain separate counsel that is selected by Indemnitee and approved by the Company (which approval shall not be unreasonably delayed, conditioned or withheld) (but not more than one law firm plus, if applicable, local counsel in respect of any particular Proceeding), and all Expenses related to such separate counsel shall be borne by the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All costs and expenses of any arbitration proceeding, excluding attorneys’ fees, shall be shared equally by Beneficiary and Trustor. Each party shall bear its own attorneys’ fees; provided, however (i) that if the Arbitrators determine that the Property is environmentally impaired under California Code of Civil Procedure Section 726.5(e)(3), Trustor shall pay all costs and expenses of Beneficiary in the arbitration proceeding, including reasonable attorneys’ fees and costs incurred by Beneficiary; and (ii) that if the Arbitrators determine that the Property is not environmentally impaired under California Code of Civil Procedure Section 726.5(e)(3), Beneficiary shall pay all costs and expenses of Trustor in the arbitration proceeding, including reasonable attorneys’ fees and costs incurred by Trustor.

assistant: Costs
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 costs of any prosecution or defense of any Infringement of any Product Trademarks or Product Domain Names in the Territory or of any Combination Trademark or Combination Domain Name in the Territory will be borne by the enforcing Party. Costs will be reimbursed to the Parties by the proceeds of any awards, judgments or settlements obtained in connection with an Infringement in the Territory and, in the case of enforcement by Ironwood, the remainder of such proceeds [**].

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Judge. In this direct appeal, Scottie Lee White challenges his judgment and sentence for second-degree murder. He alleges that he received ineffective assistance of counsel at trial. We affirm without prejudice to White’s right to file a motion for postcon-viction relief under Florida Rule of Criminal Procedure 3.850. See Corzo v. State, 806 So.2d 642, 645 (Fla. 2d DCA 2002) (<HOLDING>). Affirmed. FULMER and DAVIS, JJ., Options: A. holding that an appellate court will consider a claim of ineffective assistance of counsel on direct appeal only in rare instances where counsels ineffectiveness is clearly apparent from the record prejudice to the defendant is obvious and no tactical explanation for the conduct can be conceived B. holding that to the extent defendants claim is one of ineffective assistance of counsel it is not cognizable on direct appeal and rule 2915 is the exclusive procedure by which a claim of ineffective assistance of counsel can be advanced C. holding ineffective assistance of counsel claims may be decided on direct appeal where the district court has developed a record on the ineffectiveness issue D. holding that defendant may raise claim of ineffective assistance of counsel on direct appeal only if ineffective assistance is conclusive from the record E. holding that an ineffective assistance of counsel claim must be raised on direct appeal when the facts supporting the claim are presented on the face of the record

assistant: The best answer is A. holding that an appellate court will consider a claim of ineffective assistance of counsel on direct appeal only in rare instances where counsels ineffectiveness is clearly apparent from the record prejudice to the defendant is obvious and no tactical explanation for the conduct can be conceived
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: language of the statute to suggest that such a limited interpretation was intended by the legislature. See generally State v. Carreno, 2006 UT 59, T11, 144 P.3d 1152 ("[Legislative] intent is most readily ascertainable by looking to the plain language of the statute."). To the contrary, regularity of contact appears to be irrelevant to this analysis, as the statute lists several individuals as being in a position of special trust whose relationship to the child may be even more remote than a cohabitant of a noncustodial parent, such as aunts and uncles, who may have infrequent contact with their nieces and nephews, and babysitters, who may come into contact with their charges only a single time. See Utah Code Ann. § 76-5-404.1(4)(h); see also Rowley, 2008 UT App 233, 113, 189 P.3d 109 (<HOLDING>). 8 . Although Watkins now argues that he Options: A. recognizing the existence of the special relationship B. holding that the special relationship exception did not apply because the decedent was not in defendants custody C. holding that the special relationship exception does not apply to the relationship between a student and a school D. holding that the position of special trust is not dependent on the closeness of the defendants relationship with the child E. holding that courier is not in position of trust

assistant: The best answer is D. holding that the position of special trust is not dependent on the closeness of the defendants relationship with the child
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall promptly (1) cure any defects in the execution and delivery of the Loan Documents, (2) provide, and cause each Borrower Party to provide, Lender such additional information and documentation on Borrower's and each Borrower Party's legal or beneficial ownership, policies, procedures and sources of funds as Lender deems necessary or prudent to enable Lender to comply with Anti‑Money Laundering Laws as now in existence or hereafter amended, and (3) execute and deliver, or cause to be executed and delivered, all such other documents, agreements and instruments as Lender may reasonably request to further evidence and more fully describe the collateral for the Loan, to correct any omissions in the Loan Documents, to perfect, protect or preserve any Liens created under any of the Loan Documents, or to make any recordings, file any notices, or obtain any consents, as may be necessary or appropriate in connection therewith. Borrower shall preserve and protect the first lien and security interest status of the Security Instrument and the other Loan Documents. If any Lien other than the Permitted Encumbrances is asserted against the Project, Borrower shall promptly, and at its expense, (a) give Lender a detailed written notice of such lien or security interest (including origin, amount and other terms), and (b) pay the underlying claim in full or take such other action so as to cause it to be released or contest the same in the same manner that Mechanic's Liens may be contested under Section 6.10 . From time to time, but not more often than annually or at any time while an Event of Default exists, upon the written request of Lender, Borrower shall deliver to Lender a schedule of the name, legal domicile address and jurisdiction of organization, if applicable, for each Borrower Party.

assistant: Further Assurances
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 (and all claims, controversies and causes of action, whether in contract, tort or otherwise) and the rights and obligations of the parties hereunder shall be governed by, and construed, interpreted and enforced in accordance with, the laws of the State of Delaware.

assistant: Governing Laws