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: Except as set forth on Schedule 3.1(j) , there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the issuance of the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof (in such capacity), is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the SEC involving the Company or any current or former director or officer of the Company. The SEC has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

assistant: Litigations
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: trial, Mr. Eastom’s written statement was read to the jury. It stated: On 2/8/07, police officers came to my house and found several guns and some weed and meth. I acknowledge that it’s mine and not LaDonna Wynn’s. A chick brought over some stuff that was hers, guns and some black bags and a white box. I wrote this on my own free will. The only weapon that the officer recovered that was mine was the [Sig Sauer]. From this statement a reasonable jury could conclude beyond a reasonable doubt that Mr. Eastom both possessed the methamphetamine and knew that he possessed it. In addition, Officer Henderson testified that he discovered a black duffle bag in the central bedroom of Mr. Eastom’s house that contained two firearms, two digital scales, and a pill bottle. See Allen, 235 F.3d at 492 (<HOLDING>). A Tulsa forensic scientist testified that the Options: A. holding the large quantity of drugs sufficient evidence of intent to distribute B. holding that uncharged amounts of drugs may be included as relevant conduct even if the defendant never actually possessed or distributed the drugs C. holding that something more than mere presence in the car in which drugs are found is required to sustain a conviction for the substantive offense of possession with intent to distribute D. holding that the presence of firearms may go toward proving that a defendant possessed drugs with the intent to distribute E. holding that juries may infer an intent to distribute narcotics from the presence of firearms

assistant: The best answer is D. holding that the presence of firearms may go toward proving that a defendant possessed drugs with the intent to distribute
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 Participant is responsible for payment or satisfaction of any federal, state, local and other taxes which must be paid or withheld in connection with this Award and the vesting of Shares hereunder, and no certificate representing the Shares of Restricted Stock may be released from the escrow established pursuant to Section 2, unless and until such satisfactory arrangements shall have been made. The Company and its subsidiaries are authorized to deduct from any payment owed to Participant any taxes required to be withheld with respect to the grant and/or vesting of the Shares in an amount equal to the maximum statutory rate for each applicable jurisdiction. If the Participant is subject to Section 16 of the Exchange Act at the time the tax withholding obligation becomes due, the Administrator will satisfy any tax withholding obligation by directing the Company to withhold a number of whole Shares from those that Participant would otherwise have received upon the vesting of the Award having a Fair Market Value (determined as of the date on which the withholding obligation arises) equal to the maximum statutory tax withholding rate for each applicable jurisdiction (with any shortfall in withholding due to fractional shares to be paid in cash by Participant), unless otherwise agreed by the Administrator and the Participant. If the Participant is not subject to Section 16 of the Exchange Act at the time the tax withholding obligation becomes due, the Administrator may decide in its sole discretion, at the time such tax withholding obligation arises, to allow the Participant to satisfy any tax withholding obligation by directing the Company to withhold a number of whole Shares from those that Participant would otherwise have received upon the vesting of the Award having a Fair Market Value (determined as of the date on which the withholding obligation arises) equal to the maximum statutory tax withholding rate for each applicable jurisdiction (with any shortfall in withholding due to fractional shares to be paid in cash by Participant), unless otherwise agreed by the Administrator and the Participant .

assistant: Tax Withholdings
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: v. Shinseki (Robinson II), 557 F.3d 1355, 1361 (Fed.Cir.2009); see also Brannon v. West, 12 Vet.App. 32, 35 (1998) (concluding that the Board must “adjudicate all issues reasonably raised by a liberal reading of the appellant’s substantive appeal including all documents and oral testimony in the record prior to the Board’s decision”). To the extent that the Secretary contends that, to preserve the § 3.156(c) issue for judicial review, Mr. Emerson was required to articulate as fully developed an argument before the Board as he now presents, such contention is not consistent with case law. See Robinson I, 21 Vet.App. at 553 (“As a nonadversarial adjudicator, the Board’s obligation to analyze claims goes beyond the arguments explicitly made.”); see also Robinson II, 557 F.3d at 1361 (<HOLDING>). 2. Text, Structure, and Applicability of 38 Options: A. holding that the secretary must sympathetically read prior pro se filings in determining if cue exists in an earlier decision B. holding claims must be raised on direct appeal or waived C. holding that courts must construe pro se filings liberally D. holding that in direct appeals all filings must be read ⅛ a liberal manner whether or not the veteran is represented E. holding that statutes must be read so as to give effect to all statutory language

assistant: The best answer is D. holding that in direct appeals all filings must be read ⅛ a liberal manner whether or not the veteran is represented
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 become effective when it shall have been executed by the Borrowers and the Administrative Agent and when the Administrative Agent shall have received copies hereof which, when taken together, bear the signatures of each of the other parties hereto, and thereafter shall be binding upon and inure to the benefit of each Borrower, the Administrative Agent and each Lender and their respective permitted successors and assigns.

assistant: Binding Effects
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 Administrative Agent shall have received a Notice of Borrowing, Letter of Credit Application, or Notice of Conversion/Continuation, as applicable, from the Borrower in accordance with Section 2.03(a) , Section 3.02 or Section 4.02 , as applicable.

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 case excerpt and choose the best holding from the options. Case excerpt: ¶ 10 Although Appellants’ legal analysis of Sigmund and Rhode Island’s property law may be correct, Carol Ann Denkewicz consented to the jurisdiction of the Arizona courts by not asserting her personal jurisdiction defense until well after the conclusion of the major events of this litigation — the trial and the valuation hearing. In contrast, the spouses in Sigmund sought immediate relief from involvement in the Arizona proceeding by motions to dismiss. By allowing the claims against her to proceed until just before entry of judgment without objecting, Carol Ann Denkewicz waived her potential defense that she was merely a bystander caught up in her husband’s unilateral actions. See Nat’l Homes Corp. v. Totem Mobile Home Sales, Inc., 140 Ariz. 434, 438, 682 P.2d 439, 443 (App.1984) (<HOLDING>). ¶ 11 On these facts, the trial court did not Options: A. holding that a dismissal based on a jurisdictional statute of limitations does not constitute a judgmerit on the merits because a judgment on the merits can only be rendered after a court has jurisdiction B. holding that we must first determine our jurisdiction before proceeding to the merits of the appeal C. holding that a judgment entered without jurisdiction of the person is void unless the jurisdictional defect has been waived D. holding that it is not E. holding that we do not need here to determine when a timely application for ruling on the jurisdictional defense must be presented suffice it to say that after a judgment on the merits has been entered it is too late

assistant: The best answer is E. holding that we do not need here to determine when a timely application for ruling on the jurisdictional defense must be presented suffice it to say that after a judgment on the merits has been entered it is too late
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: faked left syndrome accident. On appeal, the Estate concedes that the instruction is a correct statement of the law and that it was not covered by other instructions. However, the Estate contends that the instruction was not supported by the evidence in the record because the alleged sudden emergency was the faked left syndrome and the faked left syndrome does not apply to the accident in question. As discussed supra, no evidence was presented to support the applicability of the faked left syndrome, and the trial court abused its discretion by admitting the testimony regarding the faked left syndrome. Consequently, we conclude that the trial court abused its discretion by instructing the jury regarding sudden emergency. See, e.g., Collins v. Rambo, 831 N.E.2d 241, 249 (Ind.Ct.App.2005) (<HOLDING>). We address the ramifications of this abuse of Options: A. holding trial court erred by instructing jury that employer would be liable under burk if plaintiff showed improper motive was a factor in the decision to discharge him rather than a significant factor B. holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case C. holding that sudden emergency is an affirmative defense which must be specifically plead D. holding that trial court erred by instructing jury regarding sudden emergency E. holding that trial court erred in instructing the jury on unavoidable accident when no evidence supported its submission

assistant: The best answer is D. holding that trial court erred by instructing jury regarding sudden emergency
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: Vesting of a Performance Share will be accelerated upon a Participant’s separation from service with an Employer following the Effective Time (i) due to such Participant’s death or Disability, (ii) by the Company without Cause, or (iii) by such Participant for Good Reason. Any performance-based vesting conditions relating to a Performance Share shall automatically terminate at the Effective Time. Except as specifically provided in this Section 5(c), the vesting provisions of Sections 3(a) and 3(b) shall continue to apply to a Performance Shares at and after the Effective Time.

assistant: Vesting
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 disputes, controversies or claims arising out of, relating to or in connection with this Agreement, the Plan or the Restricted Share Units, or the breach, termination or validity thereof, shall be finally settled by arbitration. The arbitration shall be conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce, except as same may be modified herein or by mutual agreement of the parties. The seat of the arbitration shall be Bermuda and it shall be conducted in the English language. The arbitration shall be conducted by one arbitrator who shall be selected by the agreement of the Company and the Grantee or, in the event that the Company and the Grantee are unable to agree, by the Appointments Committee of the Chartered Institute of Arbitrators, Bermuda Branch. The arbitral award shall be in writing, shall state reasons for the award, and shall be final and binding on the parties. The award may include an award of costs, including reasonable attorneys’ fees and disbursements. Judgment on the award may be entered by any court having jurisdiction thereof or having jurisdiction over the parties or their assets.

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 case excerpt and choose the best holding from the options. Case excerpt: a security interest in real property that is the [Debtors’] principal residence.” Compare [Claim No. 11-1] with § 1322(b)(2). All parties concede this fact. Thus, the question is whether § 1322(c)(2) allows the parties to sidestep the anti-modification provision of § 1322(b)(2) and lower the Mortgage’s interest rate. Section 1322(c)(2) grants debtors the ability to modify a home mortgage in situations where “the last payment on the original payment schedule ... is due before the date on which the final payment under the plan is due.” This Court finds that the phrase “the last payment on the original payment schedule” is unambiguous and thereby follows Congress’s will — namely, prohibiting modification of mortgages in bankruptcy plans. See In re Bartee, 212 F.3d 277, 295 (5th Cir. 2000) (<HOLDING>); In re Perry, 235 B.R. 603, 608 (S.D. Tex. Options: A. holding that 1322c2 refers to the final payment under the original mortgage schedule and not the most recent payment B. holding that it was not essential to an action by a supplier on a payment bond under the miller act that a demand be made on the general contractor for payment although there was evidence in the case from which it could be found that the materialman looked to the general contractor for payment since the statute does not require a demand for payment but merely requires written notice of the claim C. holding court could consider a mortgage agreement not attached to the complaint in ruling on motion to dismiss because the complaint refers to the mortgage numerous times the mortgage is attached to this motion and is central to plaintiffs claims D. holding that the term reverse payment is not limited to a cash payment E. holding that a paywhenpaid clause does not preclude a subcontractors recovery under the miller act payment bond because the federal legislation conditions payment of the subcontractor not on payment by the government to the contractor but rather on the passage of time from completion of the work or provision of materials

assistant: The best answer is A. holding that 1322c2 refers to the final payment under the original mortgage schedule and not the most recent payment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase up to Two Million Dollars ($2,000,000) of Shares and Warrants. Each Purchaser shall deliver to the Company, via wire transfer or a certified check, immediately available funds equal to such Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser, and the Company shall deliver to each Purchaser its respective Shares and Warrants, as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of SRFF or such other location as the parties shall mutually agree.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company and its subsidiaries have filed all federal, state, local and foreign tax returns required to be filed through the date of this Agreement (taking into account applicable extensions) (except where the failure to file would not, individually or in the aggregate, have a Material Adverse Effect) and have paid all taxes required to be paid thereon (except for cases in which the failure to pay would not have a Material Adverse Effect, or, except as currently being contested in good faith and for which reserves required by U.S. GAAP have been created in the financial statements of the Company), and no tax deficiency has been determined adversely to the Company or any of its subsidiaries which has had (nor has the Company nor any of its subsidiaries received any notice of any tax deficiency from any taxing authority which is reasonably expected to be determined adversely to the Company or its subsidiaries and which is reasonably expected to have) a Material Adverse Effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: • use our services if you are not able to form legally binding contracts ( for example , if you are under 18 years old ) , or are temporarily or indefinitely suspended from using our sites , services , applications or tools ;

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 Fifth Amendment and Waiver and all other agreements and documents executed and/or delivered in connection herewith have been prepared through the joint efforts of all of the parties hereto. Neither the provisions of this Fifth Amendment and Waiver or any such other agreements and documents nor any alleged ambiguity therein shall be interpreted or resolved against any party on the ground that such party or its counsel drafted this Fifth Amendment and Waiver or such other agreements and documents, or based on any other rule of strict construction. Each of the parties hereto represents and declares that such party has carefully read this Fifth Amendment and Waiver and all other agreements and documents executed in connection therewith, and that such party knows the contents thereof and signs the same freely and voluntarily. The parties hereto acknowledge that they have been represented by legal counsel of their own choosing in negotiations for and preparation of this Fifth Amendment and Waiver and all other agreements and documents executed in connection herewith and that each of them has read the same and had their contents fully explained by such counsel and is fully aware of their contents and legal effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Closing Date, the Parent has no Subsidiaries other than the Borrower and those listed on Schedule 4.11 . Each Subsidiary of the Parent (including any such Subsidiary formed or acquired subsequent to the Closing Date) is in compliance with the requirements of Section 5.6 .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be signed in any number of counterpart copies and by the parties hereto on separate counterparts, but all such copies shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement by facsimile or pdf transmission shall be effective as delivery of a manually executed counterpart. Any party executing this Agreement by facsimile transmission shall promptly deliver a manually executed counterpart, provided that any failure to do so shall not affect the validity of the counterpart executed by facsimile transmission.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for negligence.” Id. at 819, 121 S.Ct. 1927. Therefore, the court does not face a situation where the federal maritime law is silent as to an issue and a state statute provides an applicable rule but, rather, the court faces the situation where the federal law clearly provides a maritime avenue for recovery, under Norfolk Shipbuilding & Drydock, which a state statute, if applied, would bar. That is, if the court were to apply the Tennessee Recreational Use Statute, the plaintiff and counter-plaintiffs would be barred from pursuing federal maritime causes of action for negligence. Under the Supreme Court’s regime established in Moragne and Yamaha, this is precisely the situation in which a state law should not be applied. See also Byrd v. Byrd, 657 F.2d 615, 617-18 (4th Cir.1981) (<HOLDING>); St. Hilaire Moye v. Henderson, 496 F.2d 973, Options: A. holding that the general rule of maritime law that parties bear their own costs coupled with the need for uniformity in federal maritime law precludes the application of state attorneys fee statutes such as texas civ prac remcode 38001 to maritime contract disputes B. holding that a state law cannot be applied where its application would defeat an otherwise meritorious maritime cause of action C. recognizing cause of action D. holding that while the fourteenth amendment is directed against state action and not private action the state action requirement is met in a civil action where state law is applied whether by statute or common law E. holding that general maritime law preempts state law

assistant: The best answer is B. holding that a state law cannot be applied where its application would defeat an otherwise meritorious maritime cause of action
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: supercell may reject , refuse to post or delete any user content for any or no reason , including , but not limited to , user content that in the sole judgment of supercell violates these terms of service .

assistant: Content removal
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 provided in Paragraph (e) below, Executive and any person acting through or under the Executive hereby release, waive and forever discharge the Company, its past and present subsidiaries and affiliates, and their respective successors and assigns, and their respective past and present officers, trustees, directors, shareholders, executives and agents of each of them, from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys’ fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a “Claim”), arising or which could have arisen up to and including the date of his execution of this Release, including without limitation those arising out of or relating to Executive’s employment or cessation and termination of employment, or any other written or oral agreement, any change in Executive’s employment status, any benefits or compensation, any tortious injury, breach of contract, wrongful discharge (including any Claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil Rights Act of 1964 (as amended by the Civil Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Older Workers Benefits Protection Act, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local statute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the Company or its subsidiaries and affiliates in any legal, administrative or other proceeding. Executive agrees that if any action is brought in his name before any court or administrative body, Executive will not accept any payment of monies in connection therewith.

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: The execution, delivery and performance thereof by Borrower of the Loan Documents (a) have been duly authorized by all necessary actions of Borrower, and do not and will not violate any provision of law or regulation, or any writ, order or decree of any court or governmental or regulatory authority or agency or any provision of the governing instruments of Borrower, and (b) do not and will not, with the passage of time or the giving of notice, result in a breach of, or constitute a default or require any consent under, or result in the creation of any Lien upon any property or assets of Borrower pursuant to, any law, regulation, instrument or agreement to which Borrower is a party or by which Borrower or its properties may be subject, bound or affected, except, (i) solely in the case of a breach or default (and not in the case of any consent or Lien) under clause (b), to the extent such breach or default would not reasonably be expected to have a Material Adverse Effect, and (ii) any such consent that has been obtained.

assistant: Authority
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, together with all exhibits and disclosure letters hereto, and the other documents delivered pursuant hereto constitute the full and entire understanding and agreement among the Parties with regard to the subjects hereof and thereof and supersede all prior agreements and understandings between the Parties with respect thereto, other than the Confidentiality Agreement, dated as of January 16, 2016, by and among the Company, Merrick Ventures, LLC and MWF (the “ Confidentiality Agreement ”).

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: This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, United States of America, as applied to agreements among Delaware residents entered into and wholly to be performed within the State of Delaware (without reference to any choice or conflicts of laws rules or principles that would require the application of the laws of any other jurisdiction).

assistant: Governing 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 case excerpt and choose the best holding from the options. Case excerpt: that the action between the two non-debtors would have no impact on the efficient administration of the bankruptcy proceeding, especially because the defendant’s indemnification claim against the debtor had already been fully liquidated. Id.; see also Residential Capital, 488 B.R. at 577 (recommending that the district court abstain from hearing a case between two non-debtors where the defendant had filed an indemnification claim against the bank ruptcy estate). Here, any judgment in favor of RFC in this action will result in an affirmative recovery for the RFC bankruptcy estate, which is being administered by the Trust. The potential benefit to RFC’s creditors alone is sufficient to find an effect on the efficient administration of the estate. See, e.g., Refco, 628 F.Supp.2d at 446 (<HOLDING>). Additionally, this particular RMBS Action was Options: A. holding that related to jurisdiction did not reach proceeding the outcome which would have no impact on the estates handling or administration since the debtor had a confirmed liquidation plan stating when we confirmed the debtors liquidation plan the estate ceased to exist and the parties became bound to the plans provisions B. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons C. holding that the plaintiffs causes of action were preempted because their claims were premised on the existence of an erisa plan D. holding that discretionary abstention was not warranted where the action shared a close relationship with the bankruptcy proceeding as the claims being prosecuted by the trustee were the very causes of action that were assigned to it by the debtors pursuant to the confirmed plan E. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors

assistant: The best answer is D. holding that discretionary abstention was not warranted where the action shared a close relationship with the bankruptcy proceeding as the claims being prosecuted by the trustee were the very causes of action that were assigned to it by the debtors pursuant to the confirmed plan
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 that , to the extent permitted by applicable law , your sole and exclusive remedy for any problems or dissatisfaction with the spotify service is to uninstall any spotify software and to stop using the spotify service .

assistant: Limitation of liability
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 contravention of Supreme Court and Federal Circuit precedent. In Insurance Company of the West, the Federal Circuit appropriately described the relationship between a payment-bond surety and a subcontractor. In delineating the rights of sureties with respect to the recovery of funds retained by the government, however, the language from Insurance Company of the West is incomplete and does not convey the holdings of prior Supreme Court, Federal Circuit, and Court of Claims decisions. See Nova Casualty, 69 Fed.Cl. at 295-96. Those prior opinions reasoned that a surety that discharges all of its obligations under the payment bond is also equitably subrogated to the rights of the prime contractor, whose debts the surety has satisfied. See, e.g., Pearlman, 371 U.S. at 141, 83 S.Ct. 232 (<HOLDING>); U.S. Fid. & Guar., 475 F.2d at 1381-82; Home Options: A. holding in part that a paymentbond surety is entitled to the benefit of the equitable rights of both the contractor had the contractor completed performance and paid his laborers and materialmen and the subcontractors B. holding that there is no privity of contract between the government and a surety since the government is not a party to the agreement between the surety and the contractor the government never undertakes an obligation to the surety C. holding that the condominium association was not a thirdparty beneficiary of contracts between the owner and contractor of the condominium building and between the general contractor and the subcontractors D. holding in part that the liability insurance company of the subcontractor which had named the general contractor as an additional insured on the subcontractors policy was liable to reimburse the general contractor for a settlement payment the general contractor had made to the subcontractors employee E. holding that bankruptcy trustee for contractor could not avoid prepetition payment of funds from contractor to subcontractors

assistant: The best answer is A. holding in part that a paymentbond surety is entitled to the benefit of the equitable rights of both the contractor had the contractor completed performance and paid his laborers and materialmen and the subcontractors
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: ”). The Montreal Convention establishes a presumption of liability against air carriers for three categories of damages arising out of the international carriage of passengers or goods. Article 17 provides carrier liability for the death or bodily injury of a passenger, or the destruction, loss of, or damage to her baggage provided that the harm “took place on board the aircraft or in the course of any of the operations of embarking or disembarking.” Montreal Convention, art. 17. Article 18 provides carrier liability “for damage sustained in the event of the destruction or loss of, or damage to, cargo upon condition only that the event which caused the damage so sustained took place during the carriage by air.” Montreal Convention, art. 18. F 520 F.Supp.2d 447, 455 (E.D.N.Y.2007) (<HOLDING>); Weiss v. El Al Israel Airlines, Ltd., 433 Options: A. holding plaintiffs breach of contract claims fell outside the scope of the montreal convention because the plain language of article 19 of the montreal convention indicates that it governs claims for delay not nonperformance B. holding that the plaintiffs claims fell outside the scope of the forum selection clause because they were either not related to the contract such as claims that the defendants made disparaging and untrue statements to plaintiffs customers or concerned conduct that occurred after the contract was terminated C. holding plaintiffs claims were not preempted by the montreal convention because they were grounded in a cause of action for nonperformance of a contract and not delay D. holding that additional claims brought under state law are preempted by the montreal convention E. holding that passengers discrimination claims brought under 42 usc 1981 fell within the substantive scope of and were preempted by the warsaw convention because the claims arose from events that occurred during the course of embarkation of an international flight

assistant: The best answer is A. holding plaintiffs breach of contract claims fell outside the scope of the montreal convention because the plain language of article 19 of the montreal convention indicates that it governs claims for delay not nonperformance
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall provide monetary severance to Executive equal to eighteen (18) month’s Base Salary and one and one-half (1.5) times the Target Bonus. Such severance shall be paid ratably over twelve (12) months from the date of employment termination in accordance with the payroll schedule applicable to active officers of the Company, subject to the provisions of Section 9(c) and any delay required to avoid taxation under Section 409A.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Hill shall be entitled (in addition to his other rights and remedies) to interest on past due amounts at a rate equal to two percentage points (2%) above the prime rate charged from time to time by Republic Bank if any benefits due to Hill are not paid when due with such interest to commence on the date a benefit was due.

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 case excerpt and choose the best holding from the options. Case excerpt: his more particular two-fold argument that it was the testimony about the specific crime— possession of a stolen firearm — and the fact it was also firearm related that made Officer Brumfield’s testimony more prejudicial than probative. As to this, we are mindful that Officer Brumfield only testified on direct that Grindle had been arrested and, when he was arrested, a .45-caliber pistol was recovered but did not match the murder weapon. And Grindle did not object to this testimony. It was Grindle’s attorney, not the State, that brought up the underlying reason for his arrest — that he allegedly possessed a stolen pistol. Because Grindle’s lawyer was the one who elicited the testimony, Grindle cannot argue now it was improperly introduced. See Rubenstein, 941 So.2d at 755 (¶¶ 52-53) (<HOLDING>). ¶58. Despite Grindle’s opening the door to Options: A. holding that the district courts improper admission of an unauthenticated registration statement was harmless because the proponent of the registration statement later properly authenticated the statement in a motion to reconsider B. holding that improper statement was rendered harmless because the district court sustained the defendants objection and admonished the jury to disregard the statement C. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen D. holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at trial E. holding that it was error for the court to rule that the statement of mortgage debt was incorrect prior to submission of the auditors statement of account

assistant: The best answer is D. holding appellate argument that statement violated rule 404b was improper because it was the defendant who elicited the statement at 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 legal provision and list the applicable contract clause categories. Provision: All notices and other communications hereunder shall be in writing and shall be given by hand delivery to the other party or by registered or certified mail, return receipt requested, postage prepaid, addressed, in either case, to the Company’s headquarters or to such other address as either party shall have furnished to the other in writing in accordance herewith. Notices and communications shall be effective when actually received by the addressee.

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: In the event of the expiration or earlier termination of this Agreement, Owner shall preserve all books and records, files and correspondence remaining at the Hotel in accordance with Owner's record retention guide then in effect after the expiration or termination of this Agreement, and Owner shall provide access to Manager, and its representatives, to such books, records, correspondence and files at all reasonable times.

assistant: Records
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 “ Term ” of this Lease shall commence on the Commencement Date for the applicable Portion of the Premises and end on the Expiration Date as stated in Exhibit 1, unless extended or terminated pursuant to the terms hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the right to use kitchen appliances and implements and the right to deny entry to a person who had no right to enter the house at all. Thus, the jury could have reasonably concluded Chana had a “right to actual care, custody, control, or management of the house.” And although a rational jury would probably conclude that Chana’s right to actual care, custody, control, or management of the Twombly Drive house was limited in scope and contingent on Janie’s continued permission, a rational jury could find that Chana’s limited right was greater than Ramirez’s — who had no right at all. See Garza, 344 S.W.3d at 413 (stating the Penal Code’s definition of owner is “expansive” and “give[s] ownership status to anyone with a rational connection to the property”); cf. Alexander, 757 S.W.2d at 97 (<HOLDING>). Conclusion We hold the evidence at Ramirez’s Options: A. holding a rational jury could find the named owners limited right to actual care custody control or management of his neighbors half of the duplex was a greater right than the defendants B. recognizing in dictum parents right to care custody management and companionship of their children C. recognizing that the due process clause of the fourteenth amendment protects the fundamental right of parents to make decisions concerning the care custody and control of their children D. holding care custody and control of children is a fundamental right E. holding that a parents right to the care custody companionship and management of his or her child is a fundamental right protected by the federal and state constitutions

assistant: The best answer is A. holding a rational jury could find the named owners limited right to actual care custody control or management of his neighbors half of the duplex was a greater right than the defendants
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 date hereof (the “ Effective Date ”), you will be employed to serve on a full-time basis as the Company’s Chief Executive Officer. You will also serve as the Chairman of the Company’s Board of Directors (the “ Board ”) and continue to be a member of the Board. As the Company’s Chief Executive Officer and Chairman you will perform the duties and responsibilities and have the authority that are consistent with such positions at similarly situated companies; and such other duties and responsibilities as may be reasonably assigned to you by the Board. You will report to the Board and all other employees will report to the Board through you. You will be expected to devote your full professional efforts to the performance of your duties and responsibilities for the Company and to materially abide by all Company policies and procedures as in effect from time to time. Moreover, during your employment with the Company, you will be expected to conduct your business activities at all times in accordance with the highest legal, ethical and professional standards. The Company expects that you will perform your services as Chief Executive Officer and Chairman primarily from the Company’s headquarters, which are currently located in Waltham, Massachusetts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (the “Agreement”) is effective as of October 10, 2016 (the “Agreement Date”) by and between Yogesh K. Gupta (the “Covered Person”) and Progress Software Corporation, a Delaware corporation (the “Company”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as set forth on Schedule 7.05 or as disclosed in the Borrower’s SEC filings prior to the date hereof, there are no actions, suits, investigations or proceedings that involve any Loan Document or the Transactions by or before any arbitrator or Governmental Authority pending against or, to the knowledge of the Borrower, threatened against or affecting any Credit Party not fully covered by insurance (except for deductibles) as to which there is a reasonable probability of an adverse determination that, if adversely determined, would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect (after taking into account insurance proceeds or other recoveries from third parties actually received).

assistant: Litigations