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: The Company shall use the net proceeds from the sale of the Securities hereunder to fund development costs of gemcabene, including its planned Phase 2 clinical trial of gemcabene in NASH patients, to fund manufacturing related activities for gemcabene and for general corporate purposes, and shall not use such proceeds for: (a) the satisfaction of any portion of the Company’s debt (other than payment of trade payables in the ordinary course of the Company’s business and prior practices), (b) the redemption of any Common Stock or Common Stock Equivalents or (c) the settlement of any litigation outstanding as of the date hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No provisions of this Agreement may be modified, waived or discharged, and this Agreement may not be terminated before the end of the Term, unless such waiver, modification, discharge or termination is agreed to in a writing signed by Executive and the Company. No waiver by either party hereto at any time of any breach by the other party hereto or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof, have been made by either party which is not set forth expressly in 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 case excerpt and choose the best holding from the options. Case excerpt: criminal, formal or informal; where the answers might incriminate him in future criminal proceedings.’ ” ■ Minnesota v. Murphy, 465 U.S. 420, 426, 104 S.Ct. 1136, 1141, 79 L.Ed.2d 409, 418 (1984) (quoting Lefkowitz v. Turley, 414 U.S. 70, 77, 94 S.Ct. 316, 322, 38 L.Ed.2d 274, 281 (1973)). When the State “compels testimony by threatening to inflict potent sanctions unless the constitutional privilege is surrendered, that testimony is obtained in violation of the Fifth Amendment.” Lefkowitz v. Cunningham, 431 U.S. 801, 805, 97 S.Ct. 2132, 2135, 53 L.Ed.2d 1, 7 (1977 t.App.1995) (finding potential violation of Fifth Amendment where defendant refused to take polygraph test as part of court-ordered therapy made a condition of probation); Gilfillen v. State, 582 N.E.2d 821, 824 (Ind.1991) (<HOLDING>); In re Welfare of J.W., 415 N.W.2d 879, 882-84 Options: A. holding that a probationers challenge to a condition of his probation was moot in light of the supreme courts reversal of the underlying conviction and the probationers apparent completion of probation B. holding that an order requiring the agency to search the records did not constitute courtordered change in the relationship of the parties C. holding trial court could not make completion of courtordered treatment program requiring an admission of guilt a condition of probation D. holding state had violated the defendants fifth amendment rights and consequently was prohibited from using any of the information revealed during courtordered treatment program in later separate criminal prosecution E. recognizing that probation condition required probationer to enter into and successfully complete a sex offender treatment program but finding that no condition of probation was imposed that required him to admit to a counselor the sexual acts charged

assistant: The best answer is C. holding trial court could not make completion of courtordered treatment program requiring an admission of guilt a condition of probation
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: airbnb in turn grants you a limited , non-exclusive , non-sublicensable , revocable , non-transferable license to use verified images outside of the airbnb platform solely for your personal and non-commercial use .

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: (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that any Secured Party protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against any Loan Party or any other Person or any Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the Notes have been delivered at Troy, Michigan, and shall be governed by and construed and enforced in accordance with the laws of the State of Michigan. Whenever possible each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Borrower and Bank hereby irrevocably submit to the non-exclusive jurisdiction of any United States Federal Court sitting in the Eastern District of Michigan or Michigan state court sitting in Oakland County, Michigan in any action or proceeding arising out of or relating to this Agreement or any of the Loan Documents and Borrower and Bank hereby irrevocably agree that all claims in respect of such action or proceeding may be heard and determined in any such United States Federal Court or Michigan state court. Borrower irrevocably consents to the service of any and all process in any such action or proceeding brought in any such court by the delivery of copies of such process to Borrower at its respective address specified herein or by certified mail directed to such address or such other address as may be designated by Borrower in a notice to the other parties that complies as to delivery with the terms of Section 11.4. Nothing in this Section shall affect the right of Bank to serve process in any other manner permitted by law or limit the right of Bank to bring any such action or proceeding against any Loan Party or any of its or their property in the courts with subject matter jurisdiction of any other jurisdiction. Borrower hereby irrevocably waives any objection to the laying of venue of any such suit or proceeding in the above described courts.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parties and their attorneys recognize that this Agreement is confidential and confidentiality is a material provision of this Agreement in order to prevent damage to one or more of the Parties. The Parties agree, warrant, and represent that they will not disclose the terms of this Agreement to anyone other than (i) accountants, attorneys, and other financial consultants to obtain their advice concerning the settlement, and the Parties agree to advise their consultants that the information provided is strictly confidential; and (ii) to others in order to comply with court, agency, or other legal process, with advance written notice to the other Parties, subject to the requirements of Paragraph 16, below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: II. DISCUSSION Whatever may have been the injustices visited upon these plaintiffs, first by the forces of Japan and, arguably, later by a home government whose expression of gratitude in dollar terms is thought to be less than adequate, the narrow issue presented in this appeal is whether plaintiffs’ suit against the United States, based on the 1951 Treaty provisions, is barred by the statute of limitations. For purposes of the government’s motion to dismiss, we must assume that plaintiffs’ well-pleaded allegations of fact are true. Additionally, although we are not required to do so, for purposes of evaluating whether the statute of limitations bars plaintiffs’ claim here, we will accept plaintiffs’ legal conclusion that the act of the United States in effectively barrin 1996) (<HOLDING>). Whenever the facts permit, counsel for the Options: A. holding that section 1397k should be read to preserve state law claims B. holding that requirement that fee be paid to preserve unpatented mining claims was not a taking C. holding that screening requirement applied to inmate who paid filing fee to commence action D. holding that only the actual recording fee paid to a public official was properly excluded from the finance charge E. holding that a prohibition on mining activities that was withdrawn after six years was a temporary taking and rejecting the governments argument that because the taking was allegedly intended at the outset to be irreversible and for all time it was permanent

assistant: The best answer is B. holding that requirement that fee be paid to preserve unpatented mining claims was not a taking
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 of the Borrower made herein or in any agreement, statement or certificate given in writing pursuant hereto or in connection herewith (including, without limitation, the Purchase Agreement), shall be false or misleading in any material respect when made and the breach of which has (or with the passage of time will have) a material adverse effect on the rights of the Holder with respect to this Note or the Purchase Agreement .

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: person that seriously alarms, annoys, torments or terrorizes the person, and that serves on legitimate purpose. (3) "Credible threat” means a verbal or written threat, including that which is communicated via electronic means, or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for such person’s safety. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. 39 . Petitioner relies on cases in which the statutes are worded quite differently than § 123 and do not contain limiting language. See Moore, 37 Wash.App. 862, 683 P.2d 617 (<HOLDING>); Wisconsin v. Dronso, 90 Wis.2d 110, 279 Options: A. holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected B. holding that washingtons harassment statute was unconstitutionally overbroad because it covered constitutionally protected speech C. holding new yorks disclosure law unconstitutionally overbroad D. holding that felony harassment statute was unconstitutionally vague and overbroad because it proscribed threats to harm a persons mental health but did not define that term E. holding that a statute must burden a substantial amount of protected speech to be unconstitutionally overbroad

assistant: The best answer is B. holding that washingtons harassment statute was unconstitutionally overbroad because it covered constitutionally protected speech
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 the Issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing or decreasing the amount thereof) and without any further action on the part of the applicable Issuing Bank or the Revolving Credit Lenders, such Issuing Bank hereby grants to each Revolving Credit Lender, and each Revolving Credit Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Revolving Credit Lender’s Ratable Share of the Available Amount of such Letter of Credit. Each Borrower hereby agrees to each such participation. In consideration and in furtherance of the foregoing, each Revolving Credit Lender hereby absolutely and unconditionally agrees to pay to the Agent, for the account of such Issuing Bank, in same day funds, such Lender’s Ratable Share of each drawing made under a Letter of Credit funded by such Issuing Bank and not reimbursed by the applicable Borrower on the date made, or of any reimbursement payment required to be refunded to such Borrower for any reason, which amount will be advanced, and deemed to be a Revolving Credit Advance to such Borrower hereunder, regardless of the satisfaction of the conditions set forth in Section 3.03. Each Revolving Credit Lender acknowledges and agrees that its obligation to acquire participations pursuant to this paragraph in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default or reduction or termination of the Revolving Credit Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever. Each Revolving Credit Lender further acknowledges and agrees that its participation in each Letter of Credit will be automatically adjusted to reflect such Lender’s Ratable Share of the Available Amount of such Letter of Credit at each time such Lender’s Revolving Credit Commitment is amended pursuant to a Commitment Increase pursuant to Section 2.18, an assignment in accordance with Section 9.07 or otherwise pursuant to this Agreement.

assistant: Participations
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 Department must make in order to obtain the order it seeks in this action, as well as certain other issues that are likely to arise on remand. We conclude the Department's petition adequately sets forth the necessary elements it must prove in order to involuntarily treat Saenz: (1) that he has refused to consume food and fluids sufficient to maintain his health for an extended period; (2) that, as a result, he has been diagnosed by a physician as suffering from moderate to severe malnutrition, dehydration or other deleterious condition; and (3) that, pursuant to reliable medical opinion, Saenz is in imminent danger of suffering serious harm or death unless he is given medical treatment, including, if necessary, forced hydration and/or forced feeding. Cf. Harper, 494 U.S. at 227 (<HOLDING>). ¶ 29. We next consider the Department's Options: A. holding that the due process clause permits the state to treat a prison inmate who has a serious mental illness with antipsychotic drugs against his will if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest B. holding that an inmate stated a claim under the due process clause when guards had placed her in a cell with a dangerous inmate C. holding that a detention officers alleged negligent conduct of failing to medically screen an inmate who later committed suicide in a holding cell in violation of the police departments policies was not the proximate cause of the inmates death when there was no evidence that the inmate would have been unable to kill himself if he had been medically screened and any claim that the inmate would have presented as suicidal in such screening was purely speculative D. holding that the due process clause permits the state to involuntarily treat a prison inmate who is seriously mentally ill if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest E. holding that the due process clause permits the state to treat a prison inmate with antipsychotic drugs against his will under certain circumstances while not limiting treatment to those circumstances

assistant: The best answer is D. holding that the due process clause permits the state to involuntarily treat a prison inmate who is seriously mentally ill if the inmate is dangerous to himself or others and the treatment is in the inmates medical interest
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: affect the coordinate body’s decision-making process” (id. at p. 793, 73 Cal.Rptr. 240, 447 P.2d 352). On the other hand, said Johnson, there is no basis for immunizing lower-level, or “ministerial,” decisions that merely implement a basic policy already formulated. (Johnson, supra, 69 Cal.2d at p. 796, 73 Cal.Rptr. 240, 447 P.2d 352.) Moreover, we cautioned, immunity applies only to deliberate and considered policy decisions, in which a “[conscious] balancing [of] risks and advantages ... took place. The fact that an employee normally engages in ‘discretionary activity’ is irrelevant if, in a given case, the employee did not render a considered decision. [Citations].” (Id. at p. 795, fn. 8, 73 Cal.Rptr. 240, 447 P.2d 352.) Caldwell, 10 Cal.4th at 981, 42 Cal.Rptr.2d 842, 897 P.2d 1320 (<HOLDING>). Subsequent cases have further explained that Options: A. recognizing failure to renew contract as adverse action B. holding in title vii case that plaintiff demonstrated adverse employment action in school districts decision not to renew principals contract for the following year but offering principal a demotion C. holding that petitioners status as school board members does not permit them to step into the shoes of the school board and invoke its right to appeal D. holding that failure to renew contract was adverse employment action E. holding that votes by members of a school districts governing board whether to renew the superintendents employment contract qualify as discretionary acts within the meaning of section 8202

assistant: The best answer is E. holding that votes by members of a school districts governing board whether to renew the superintendents employment contract qualify as discretionary acts within the meaning of section 8202
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 statutory restrictions were justified. See generally 696 F.3d at 458-⅜7. 209 . Pickering v. Board of Educ., 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); 210 . Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983). 211 . Garcetti, 547 U.S. at 413, 126 S.Ct. 1951 (quoting this statement of the principle — as the first sentence of the opinion — from Connick, 461 U.S. at 142, 103 S.Ct. 1684); see also Connick, 461 U.S. at 143-45, 103 S.Ct. 1684 (explaining that the first case in the line, Pickering, was rooted in same rationale as 1950s-era cases invalidating loyalty oaths and political disclosure requirements made a condition of government employment). 212 . See Connick, 461 U.S. at 144-45, 103 S.Ct. 1684; see also Garcetti, 547 U.S. at 419, 126-S.Ct. 1951 (<HOLDING>). 213 . See .Garcetti, 547 U.S. at 418-19, 126 Options: A. holding that georgias revised death 4356 penalty sentencing scheme differed from that ruled unconstitutional in furman v georgia 408 us 238 92 sct 2726 33 led2d 346 1972 because it focused the jurys attention on the particularized nature of the crime and the particularized characteristics of the individual defendant B. recognizing that the first amendment limits the ability of a public employer to leverage the employment relationship to restrict incidentally or intentionally the liberties employees enjoy in their capacities as private citizens citing perry v sindermann 408 us 593 597 92 sct 2694 33 led2d 570 1972 C. holding that when public employees make statements pursuant to their official duties the employees are not speaking as citizens for first amendment purposes and the constitution does not insulate their communications from employer discipline D. holding that if the harm alleged in fact affects the recreational or even the mere aesthetic interests of the plaintiff that will suffice for standing purposes citing sierra club v morton 405 us 727 73436 92 sct 1361 31 led2d 636 1972 E. holding that a new york city family court judge had no constitutionally protected property right to reappointment after her tenyear term expired and the mayor decided not to reappoint her and explaining that the fact that many or even most incumbent judges have been reappointed cannot operate to raise appellants subjective expectation to a constitutionally protected right appellant has failed entirely to demonstrate any mu tually explicit understanding sufficient to establish a property right citing perry 408 us at 601 92 sct 2694 bd of regents of state colls v roth 408 us 564 577 92 sct 2701 33 led2d 548 1972

assistant: The best answer is B. recognizing that the first amendment limits the ability of a public employer to leverage the employment relationship to restrict incidentally or intentionally the liberties employees enjoy in their capacities as private citizens citing perry v sindermann 408 us 593 597 92 sct 2694 33 led2d 570 1972
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: does not make forbearance the “default,” and it does not put the onus on the Commission to prove that the prerequisites for forbearance are not satisfied. Rather, section 10(c) “simply means” that the Commission must attend promptly to forbearance petitions, and the burden is on the petitioner to show that a regulatory obligation is not needed and that forbearance is consonant with the public interest. Id. ble one. See Schaffer ex rel. Schaffer v. Weast, 546 U.S. 49, 57, 126 S.Ct. 528, 163 L.Ed.2d 387 (2005) (concluding that, where a statute was silent on the burden of persuasion and “[a]bsent some reason to believe that Congress intended otherwise,” the burden “lies where it usually falls, upon the party seeking relief’); see also Zhang v. Slattery, 55 F.3d 732, 756 (2d Cir.1995) (<HOLDING>), superseded by statute on other grounds, 8 Options: A. holding that in the absence of an express statutory allocation of the burden of proof the board of immigration appealss placement of the burden on the alien was reasonable under chevron B. holding that section 523a2c shifts the burden of production and not the burden of proof on the issue of intent only C. holding that traditional allocation of burden of proof to the party challenging the decisions applies to decisions under the tca D. holding that the burden is on the plaintiff E. holding that the burden of proof is on the claimant

assistant: The best answer is A. holding that in the absence of an express statutory allocation of the burden of proof the board of immigration appealss placement of the burden on the alien was reasonable under chevron
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: Illinois law, that without evidence of an injury, the question of voluntariness boiled down to a head-to-head credibility contest between Mr. Hinton and the State’s witnesses, and that the new evidence would be inadmissible because Mr. Hinton had no evidence of a physical injury. R. at C-426. I cannot review questions of Illinois law here. Robertson v. Hanks, 140 F.3d 707, 712 (7th Cir.1998). 10 . The Seventh Circuit has expressed doubt about, but has not resolved, whether the Brecht standard survived the passage of the AEDPA in 1996, or whether a stricter standard applies post-AEDPA. See Denny v. Gudmanson, 252 F.3d 896, 905 n. 4 (7th Cir.2001); see also Whitehead v. Cowan, 263 ixon’s testimony should be excluded on that basis, so he has waived any such argument here. See id. at 528 (<HOLDING>) 12 . The spelling also appears as "Randall” in Options: A. holding that the burden is on the defendant when the validity of the warrant is challenged B. holding that for an initial civil commitment the state has the burden of proof C. holding that direct evidence is evidence showing a specific link between the alleged discriminatory animus and the challenged decision sufficient to support a finding by a reasonable fact finder that an illegitimate criterion actually motivated the adverse employment action D. holding that plaintiff cannot be the only link between the defendant and the forum E. holding that defendant has initial burden to establish link between fourth amendment violation and challenged evidence

assistant: The best answer is E. holding that defendant has initial burden to establish link between fourth amendment violation and challenged evidence
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: long ago concluded that evidence obtained as the product of an unreasonable search is not admissible in a criminal proceeding. Florida has long recognized the so-called ‘exclusionary rule’ regarding the inadmissibility of such evidence.” (citing Thurman v. State, 116 Fla. 426, 156 So. 484 (1934); Jackson v. State, 87 Fla. 262, 99 So. 548 (1924); Chacon v. State, 102 So.2d 578 (Fla.1958))). Extractions of bodily fluids, as occurred in this case, implicate essentially the same principles ap hat the consent was “not the .result of duress or coercion, express or implied.” Schneckloth, 412 U.S. at 248, 93 S.Ct. 2041. Voluntariness is a question of fac d when the police demand entry onto private premises. See Johnson v. United States, 333 U.S. 10, 13-14, 68 S.Ct. 367, 92 L.Ed. 436 (1948) (<HOLDING>). Further, consent has been determined to be Options: A. holding that because consent is not a statement and a request for consent is not an interrogation giving consent to search is a neutral fact which has no tendency to show that the suspect is guilty of any crime B. holding that persons knowledge of his right to refuse a consent to search is a factor but not a necessary prerequisite to demonstrating a voluntary consent C. holding there is no consent as a matter of law where the consent was given under coercion D. holding that the state must prove consent was voluntary not simply a submission to authority E. holding that when entry is demanded under color of office and consent is given in submission to authority rather than as an understanding and intentional waiver of a constitutional right consent is not voluntary

assistant: The best answer is E. holding that when entry is demanded under color of office and consent is given in submission to authority rather than as an understanding and intentional waiver of a constitutional right consent is not voluntary
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 and Buyer agree that, from time to time for a reasonable period after the Closing Date, each of them will execute and deliver such further instruments of conveyance and transfer and take such other action as may be reasonably requested by the other party to carry out the purposes and intent of this Agreement and the transactions contemplated hereby.

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 case excerpt and choose the best holding from the options. Case excerpt: ” Oki Semiconductor, 298 F.3d at 773 (quoting Cox v. Admin. United States Steel & Carnegie, 17 F.3d 1386, 1399 (11th Cir.1994)). To prove that an injury is proximately caused by a RICO violation, a plaintiff must demonstrate that there is “a direct relationship between the injury asserted and the injurious conduct alleged.” Imagineering, 976 F.2d at 1311 (citing Holmes, 503 U.S. at 268, 112 S.Ct. 1311); see id. (“One principle underlying this requirement is that the less direct an injury is, the more difficult it becomes to ascertain the amount of a plaintif holding that a sublessee was not directly injured when RICO violations caused an increase in the rent charged to the primary tenant, although the tenant passed the increases on to the sublessee); Imagineering, 976 F.2d at 1311 (<HOLDING>). Consequently, to state a RICO claim, Options: A. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor B. holding that subcontractor could recover damages from general contractor for delay in performance under state law C. holding that a subcontractor was not directly injured when a rico violation prevented a general contractor that would have retained it from obtaining a construction contract D. holding that subcontractor was not obligated to indemnify general contractor for general contractors own negligence where indemnification clause did not expressly state that subcontractor would indemnify general contractor for such negligence E. holding that application of licensing statute effective after unlicensed subcontractor entered construction agreement with contractor would impair obligations under the contract because contractor would be relieved of its obligation to pay for subcontractors services

assistant: The best answer is C. holding that a subcontractor was not directly injured when a rico violation prevented a general contractor that would have retained it from obtaining a construction contract
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 titles to the Articles and the headings of Sections in the Plan are placed herein for convenience of reference only and, in the case of any conflict, the text of this instrument rather than such titles or headings shall control.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: have an improper relationship with a student even if the student was not a minor at the time. See Colleps v. State, No. 02-12-00396-CR, 2014 WL 1324422, at *1-2 (Tex.App.-Fort Worth Apr. 3, 2014, no pet.) (mem. op., not designated for publication) (upholding defendant educator’s convictions under Section 21.12 for acts committed with consenting adult students); Ex parte Morales, 212 S.W.3d 483, 487 (Tex.App.-Austin 2006, pet. ref'd) (student above the age of seventeen). We overrule Collins’s first point of error. In her remaining points of error, Collins challenges' the constitutionality of Section 21.12(a)(3) based upon its incorporation of Section 33.021 — a statute that has been held to be unconstitutionally overbroad in part. See Ex parte Lo, 424 S.W.3d 10, 14 (Tex.Crim.App.2013) (<HOLDING>). The constitutional complaints raised by Options: A. holding that section 33021b was overbroad because it prohibited a wide array of constitutionally protected speech and was not drawn narrowly enough to achieve only the legitimate objective of protecting children from sexual abuse B. holding that washingtons harassment statute was unconstitutionally overbroad because it covered constitutionally protected speech C. holding that a photo array in which all of the men in the array were of similar age there was no striking difference in the amount of head hair each had and the skin color of the members of the array was not strikingly different was not impermissibly suggestive D. holding that a statute must burden a substantial amount of protected speech to be unconstitutionally overbroad E. holding that after the district court determined that the plaintiffs speech was protected the court was required to inform the jury of its ruling that knapps speech was constitutionally protected

assistant: The best answer is A. holding that section 33021b was overbroad because it prohibited a wide array of constitutionally protected speech and was not drawn narrowly enough to achieve only the legitimate objective of protecting children from sexual abuse
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice under this Agreement shall be addressed to the Company in care of its General Counsel at the principal executive office of the Company, with a copy to Stock Plan Administration, at the principal executive office of the Company, and to the Grantee at the address appearing in the personnel records of the Company for the Grantee or to either party at such other address as either party hereto may hereafter designate in writing to the other. Any such notice shall be deemed effective upon receipt thereof 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 case excerpt and choose the best holding from the options. Case excerpt: Co., 32 Va. Cir. 497, 502-03 (Henrico 1981). In any event, Dryvit was sued at the same time as RML and had the same notice of the original homeowner suit. Defendants state that the only notice received regarding the warranty claims was from the service of the Third-Party Motion for Judgment and RML’s cross-claim against Dryvit and argue that this does not constitute adequate notice within the parameters of Virginia Code § 8.2-607(3)(a). It is true that some courts have found that service of process is insufficient notice of a breach of warranty claim. See, e.g., Armco Steel Corp. v. Isaacson Structural Steel Co., 611 P.2d 507, 513 (Ala. 1980) (filing of a third-party complaint by defendant one year into the litigation); Lynx, Inc. v. Ordnance Prods., Inc., 327 A.2d 502, 514 (Md. 1974) (<HOLDING>); Voboril v. Namco Leisure World, Inc., 24 UCC Options: A. recognizing private right of action B. holding that right to payment does not accrue until condition precedent has been fulfilled C. holding that once the workers compensation act provides a remedy it is exclusive and the employee has no right to bring an action in commonlaw negligence against his employer D. holding that if no notice was given prior to the institution of an action a condition precedent to the right to bring the action does not exist and the buyerplaintiff has lost the right of his remedy E. holding that no right of action is given to the estate of the victim of a tort but is granted only to his heirs if there are no heirs no right of action vests in anybody

assistant: The best answer is D. holding that if no notice was given prior to the institution of an action a condition precedent to the right to bring the action does not exist and the buyerplaintiff has lost the right of his remedy
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: speech was protected to begin with and must be kept separate from that preliminary question. c. Causation The district court concluded that Nagle’s speech could not have caused the adverse employment action because Fried had already decided not to recommend her for tenure before he learned of her Virginia speech: “[a]lthough Superintendent Fried cannot recall exactly when he became aware of [Nagle’s protected speech in Virginia], he believes he was, at the time, already leaning toward not recommending [Nagle] for tenure.” Order at 20. This testimony, however, by itself, indicates that a grant of summary judgment against Nagle is reversible error. First, it is established that an adverse employment action occurs on the date that a decision was formally reached. Cioffi, 444 F.3d at 163 (<HOLDING>). Events leading up to a formal decision will, Options: A. holding that suspension with pay was not adverse employment action B. holding that denial of a bonus was not an adverse employment action C. holding that an adverse employment action dated not from a closed meeting at which an informal consensus regarding the matter was reached but rather from an official meeting with a formal vote and a publicly declared outcome D. holding that termination is an adverse employment action E. holding that while the contract did not establish a formal fiduciary relationship the pleadings were sufficient to raise an issue as to the existence of an informal one

assistant: The best answer is C. holding that an adverse employment action dated not from a closed meeting at which an informal consensus regarding the matter was reached but rather from an official meeting with a formal vote and a publicly declared outcome
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: 105:7-11 (emphasis added). When asked why the Winterhalter Firm was paid the Posb-Petition Payment, the Debtor stated: Because I believe t should have accrued to the Debtor’s estate and not the Debtor’s attorney. In addition to constituting the diversion of estate assets that should be made available to the payment of creditors, the payment of attorneys’ fees by a debtor-in-possession is not an ordinary-course transaction. In re Pannebaker Custom Cabinet Corp., 198 B.R. 458, 464 (Bankr.M.D.Pa.1996) (“payments to professionals are treated separately and specifically under the Bankruptcy Code and are thus without question payments outside the ordinary course of a debtor-in-possession’s ordinary financial affairs.”); In re Prime Foods of St. Croix, Inc., 80 B.R. 758, 762-63 (D.Vi.1987) (<HOLDING>); In re Pannebaker Custom Cabinet Corp., 198 Options: A. holding that effect of discharge of debt under bankruptcy code is the same as it was under the 1898 bankruptcy act it is not an extinguishment of the debt but only a bar to enforcement of the debt as a personal obligation of the debt or B. recognizing that postpetition payments to debtors attorney may not be characterized as ordinary course transaction exempt from 363bls notice and hearing requirements C. recognizing that an attorney hired to represent a debt or is not employed in the ordinary course D. holding courts have inherent authority to compel compensation for an attorney appointed to represent an indigent defendant E. holding that where the insurer retains an attorney to represent the insured pursuant to an insurance policy the attorney acts in the capacity of an independent contractor for the insured

assistant: The best answer is C. recognizing that an attorney hired to represent a debt or is not employed in the ordinary course
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: on the various issues raised in the case. In its supplemental objection, Resurgence asserts that this is still insufficient. Although WTC may be correct that less detai tive claim under section 503(b)(3)(D), contending it made a substantial contribution in this case. Alternatively, WTC relies on section 503(b)(3)(F), which allows expenses of Committee members. Finally, WTC argues that, because it is entitled to an administrative claim under section 503(b)(3)(D) or (F), it is entitled to an administrative claim for its attorneys’ fees under section 503(b)(4). WTC must prove that it is entitled to an administrative expense award by a preponderance of the evidence. See, e.g., Calpine Corp. v. O’Brien Envtl. Energy, Inc. (In re O’Brien Envtl. Energy, Inc.), 181 F.3d 527, 533 (3d Cir.1999) (<HOLDING>); In re TransAmerican Natural Gas Corp., 978 Options: A. holding burden of proof is on one asserting an affirmative defense B. recognizing that the burden of proof is an essential element of the claim itself and that one who asserts a claim has the burden of proof that normally comes with it C. holding that the burden of proof is on the claimant D. holding that the burden is on the plaintiff E. holding that claimant moving for summary judgment on its claim must conclusively prove all the essential elements of the claim and that claimant has the burden to show that there are no genuine issues of material fact and that claimant is entitled to judgment as a matter of law

assistant: The best answer is C. holding that the burden of proof is on the claimant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive’s employment with the Company under this Agreement shall automatically terminate upon the death of the Executive. Upon termination for death, the Executive or the Executive’s estate shall only be entitled to (i) payment of any portion of the Base Salary due and owing up to such date; (ii) payment of any accrued but unused vacation pay; (iii) reimbursement of all out of pocket expenses in accordance with Section 4(e); and (iv) notwithstanding any provision of any outstanding equity award agreements that might otherwise be to the contrary, immediate acceleration of all unvested outstanding equity awards under the Equity Incentive Plan or any equity incentive plan or long term incentive plan of the Company, such that all outstanding equity awards which have not already vested, shall immediately vest as of the Termination Date.

assistant: Death
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 any default, the outstanding principal amount of this Note, plus accrued but unpaid interest, liquidated damages, fees and other amounts owing in respect thereof through the date of acceleration, shall become, at the Investor’s election, immediately due and payable in cash at the Mandatory Default Amount. The Mandatory Default Amount means the greater of (i) the outstanding principal amount of this Note, plus all accrued and unpaid interest, liquidated damages, fees and other amounts hereon, divided by the Conversion Price on the date the Mandatory Default Amount is either demanded or paid in full, whichever has a lower Conversion Price, multiplied by the VWAP on the date the Mandatory Default Amount is either demanded or paid in full, whichever has a higher VWAP, or (ii) 150% of the outstanding principal amount of this Note, plus 100% of accrued and unpaid interest, liquidated damages, fees and other amounts hereon. Commencing five (5) days after the occurrence of any event of default that results in the eventual acceleration of this Note, the interest rate on this Note shall accrue at an interest rate equal to the lesser of 18% per annum or the maximum rate permitted under applicable law. In connection with such acceleration described herein, the Investor need not provide, and the Issuer hereby waives, any presentment, demand, protest or other notice of any kind, and the Investor may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by the Investor at any time prior to payment hereunder and the Investor shall have all rights as a holder of the note until such time, if any, as the Investor receives full payment pursuant to this Section 8. No such rescission or annulment shall affect any subsequent event of default or impair any right consequent thereon. Nothing herein shall limit the Investor’s right to pursue any other remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief with respect to the Issuer’s failure to timely deliver certificates representing shares of Common Stock upon conversion of the Note as required pursuant to the terms hereof.

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: The Parties agree that, in the event any provision of this Agreement is not performed in accordance with the terms hereof, (a) the non-breaching Party will sustain irreparable damages for which there is not an adequate remedy at law for money damages and (b) the non-breaching Party shall be entitled to specific performance of the terms hereof, in addition to any other remedy at law or in equity.

assistant: Specific Performance
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 Parties agree that the terms and conditions of this Agreement shall be kept strictly confidential and shall not reveal or divulge to any third party or entities other than for regulatory filings or tax purposes and/or pursuant to a court order. The parties further agree that any dissemination of this Agreement shall not be made without prior written consent of the other party.

assistant: Confidentiality