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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of infertility. See Pacourek v. Inland Steel Co., 858 F.Supp. 1393, 1402 (N.D.Ill.1994) (“ ‘Related’ is a generous choice of wording, suggesting that interpretation should favor inclusion rather than exclusion in the close cases.”)- However, for reasons discussed below, this court finds that infertility is not encompassed by the phrase “related medical conditions.” The PDA is a remedial statute, and as such, it should be liberally construed. Monell v. N.Y.C. Dept. of Social Services, 436 U.S. 658, 684, 98 S.Ct. 2018, 2032-33, 56 L.Ed.2d 611 (1978). Nevertheless, the word “relates” should not be interpreted to be without bounds. See New York State Conference of Blue Cross and Blue Shield Plans v. Travelers Insurance Company, — U.S. -, -, 115 S.Ct. 1671, 1682, 131 L.Ed.2d 695 (1995) (<HOLDING>). Under the rules of statutory construction, Options: A. holding that a phrase should be interpreted consistent with the context of the statute in which it is contained B. holding that contracts should be interpreted to give effect to all provisions C. holding that the phrase relates to should be interpreted to limit the breadth of erisa D. holding that the phrase statement respecting the debtors financial condition should be narrowly interpreted E. holding that contracts should be interpreted to avoid absurd results

assistant: The best answer is C. holding that the phrase relates to should be interpreted to limit the breadth of erisa
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: hearing, both because it referenced conduct not charged, proven, or admitted prior to sentencing and because the standard at sentencing was a lower “preponderance of the evidence” standard. Id. at 791. The government, however, admitted to the fact that the restitution order was based on acts other than the offense of conviction. Id. at 789-90. Here, Ragoonath initially challenges the characterization of her conviction as categorically an aggravated felony and the retroactive application of the necessary loss amount for a fraud and deceit conviction to qualify as an aggravated felony. We have already addressed both issues, and the claims are without merit. Moore, 251 F.3d at 923; Maldonado, 664 F.3d at 1378-79; see also Chambers v. Thompson, 150 F.3d 1324, 1326 (11th Cir.1998) (<HOLDING>). Ragoonath also argues that DHS failed to Options: A. holding that we must follow a prior binding precedent unless and until it is overruled by this court en banc or by the supreme court quotation marks omitted B. holding that only intervening law from the supreme court or this court sitting en banc can overrule a prior panel decision C. holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc D. holding that one panel of this court is bound by the precedent of an earlier panel absent en banc reconsideration or a superseding contrary decision of the supreme court E. holding ajbsent en banc reconsideration we are bound by prior decisions of this circuit

assistant: The best answer is C. holding that we are bound by prior panel opinions until they are overruled or abrogated by the supreme court or this court sitting en banc
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 Lender may at any time, without the consent of, or notice to, the Borrower or the Administrative Agent, sell participations to any Person (other than a natural Person, a Defaulting Lender or the Borrower or any of the Borrower’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in L/C Obligations and/or Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Borrower, the Administrative Agent, the Lenders and the L/C Issuer shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 11.04(c) without regard to the existence of any participation.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: do n't publicly display or use the services to share inappropriate content or material ( involving , for example , nudity , bestiality , pornography , graphic violence , or criminal activity ) .

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 case excerpt and choose the best holding from the options. Case excerpt: See Bakotich v. Swanson, 91 Wash. App. 311, 957 P.2d 275, 278-79 (1998) (noting that in the employment context, “an at-will employment contract anticipates that the employer may repudiate at any time without ramification,” and that, as a result, “any lost wages or benefits [are] highly speculative and properly excluded by the trial court”). Guest concedes that her relationship with Allstate could be terminated at any time. As a result, we conclude that Guest was unable to prove future earnings with any reasonable degree of certainty. See Lovington Cattle Feeders, Inc. v. Abbott Labs., 97 N.M. 564, 568, 642 P.2d 167, 171 (1982) (stating that “damages, to be recoverable, must be proven with reasonable certainty and not be based upon speculation”); see also Kinsey, 521 F.Supp.2d at 308 (<HOLDING>). {57} To the extent that Guest asserts that Options: A. holding that whether a spouses employment termination benefit is separate or marital property is determined by whether the right to payment accrued during marriage B. holding that the plaintiff must have more than a unilateral expectation the plaintiff must have a legitimate claim of entitlement to the benefit C. holding that where the employment contract was at will there simply can be no certainty regarding whether the plaintiff would have remained employed long enough for the benefit the plaintiff claims he lost to have accrued D. holding that there was no prejudice to a plaintiff and thus no basis for sanctions when evidence believed to be lost was found and promptly turned over to the plaintiff E. holding that no fiduciary duty existed between the plaintiff and defendant because there was no evidence that the parties agreed that defendant would be acting primarily for the benefit of the plaintiffs

assistant: The best answer is C. holding that where the employment contract was at will there simply can be no certainty regarding whether the plaintiff would have remained employed long enough for the benefit the plaintiff claims he lost to have accrued
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 and all notices or other communications or deliveries required or permitted to be provided hereunder shall be in writing and shall be deemed given and effective on the earliest of (a) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified on the signature pages attached hereto prior to 6:30 p.m. (Atlanta, Georgia time) on a business day, (b) the next business day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number on the signature pages attached hereto on a day that is not a business day or later than 6:30 p.m. (Atlanta, Georgia time) on any business day, (c) the business day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (d) upon actual receipt by the party to whom such notice is required to be given. The address for such notices and communications shall be as set forth on the signature pages hereto.

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: 1 . Even if such a showing could be made out for Plaintiff, it does not mean that preliminary in-junctive relief on behalf of the entire class would be appropriate here. An individual showing of poverty would have to be made by each class member requesting such relief. 2 . Pursuant to Rule 10.7 of the Sixteenth Edition of The Bluebook (1996), the Court shall omit from its citations denials of certiorari “unless the decision is less than two years old or the denial is particularly relevant.” 3 . While not a constitutional claim, the Seventh Circuit has reached the same conclusion in an ADEA case. See EEOC v. City of Janesville, 630 F.2d 1254, 1259 (7th Cir.1980). 4 . But see ACS Enterprises, Inc. v. Comcast Cablevision of Philadelphia, L.P., 857 F.Supp. 1105, 1111-12 (E.D.Pa.1994) (<HOLDING>), aff'd, 60 F.3d 813 (3d Cir.1995) (unpublished Options: A. holding that monetary damages do not generally constitute irreparable harm B. holding that evidence of specific competitive injury establishes irreparable injury warranting injunctive relief C. holding that a taking traditionally results in monetary compensation thus negating any claim of irreparable injury D. holding that potential loss of a contract constitutes irreparable injury E. holding that there is no right to monetary compensation for a regulatory taking in an inverse condemnation action

assistant: The best answer is C. holding that a taking traditionally results in monetary compensation thus negating any claim of irreparable injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to any required action by the stockholders of the Company, the maximum number of securities available for purchase under the Plan, as well as the price per security and the number of securities covered by each Option under the Plan which has not yet been exercised shall be appropriately adjusted in the event of any a stock split, reverse stock split, stock dividend, combination or reclassification of the common stock of the Company, or any other increase or decrease in the number of Shares effected without receipt of consideration by the Company; provided, however, that conversion of any convertible securities of the Company shall not be deemed to have been “effected without receipt of consideration.” Such adjustment shall be made by the Board or the Committee, whose determination in that respect shall be final, binding and conclusive. If any such adjustment would result in a fractional security being available under the Plan, such fractional security shall be disregarded. Except as expressly provided herein, no issuance by the Company of shares of stock of any class, or securities convertible into shares of stock of any class, shall affect, and no adjustment by reason thereof shall be made with respect to, the number or price of Shares subject to an Option. The Options granted pursuant to a Section 423 Offering shall not be adjusted in a manner that causes the Options to fail to qualify as options issued pursuant to an “employee stock purchase plan” within the meaning of Section 423 of the Code.

assistant: Adjustments
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 determining whether to approve or deny any claim or any appeal from a denied claim, the Plan Administrator shall exercise its discretionary authority to interpret the Plan and the facts presented with respect to the claim, and its discretionary authority to determine eligibility for benefits under the Plan. Any approval or denial shall be final and conclusive upon all persons.

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: Executive shall have the position of President and Chief Executive Officer of Employer. Executive agrees to perform such services customary to such position and as shall be assigned to him by the Employer’s Board of Directors. Executive shall report directly to the Employer’s Board of Directors.

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 Company or its Affiliates shall be entitled to require a cash payment (or to elect, or permit the Participant to elect, such other form of payment determined in accordance with Section 11.2 of the Plan) by or on behalf of the Participant and/or to deduct from other compensation payable to the Participant any sums required by federal, state or local tax law to be withheld with respect to the grant, vesting or payment of the Award. The number of Shares which shall be so withheld in order to satisfy such federal, state and/or local withholding tax liabilities shall be limited to the number of shares which have a fair market value on the date of withholding equal to the aggregate amount of such liabilities based on the minimum statutory withholding rates for federal, state and/or local tax purposes that are applicable to such supplemental taxable income. Notwithstanding any other provision of this Agreement, the Company shall not be obligated to deliver any certificate representing Shares to the Participant or the Participant’s legal representative or to enter any such Shares in book entry form unless and until the Participant or the Participant’s legal representative, as applicable, shall have paid or otherwise satisfied in full the amount of all federal, state and local taxes applicable to the taxable income of the Participant resulting from the grant or vesting of the Award or the issuance of Shares hereunder. To the extent that any Federal Insurance Contributions Act tax withholding obligations arise in connection with the Performance Shares prior to the applicable Vesting Date, the Administrator shall accelerate the payment of a portion of the award of Performance Shares sufficient to satisfy (but not in excess of) such tax withholding obligations and any tax withholding obligations associated with any such accelerated payment, and the Administrator shall withhold such amounts in satisfaction of such withholding obligations.

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: meeting or communication between the judge and the foreman of a deliberating jury is pregnant with possibilities of error.” United States v. United States Gypsum Co., 438 U.S. 422, 460, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978). As the United States Supreme Court has opined: In a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about the matter pending before the jury is, for obvious reasons, deemed presumptively prejudicial, if not made in pursuance of known rules of the court and the instructions and directions of the court made during the trial, with full knowledge of the parties. The presumption is not conclusive, but the burden rests heavily upon the Government to establish, after notice to and , 1172 (7th Cir.1983)(<HOLDING>); see also United States v. Heater, 63 F.3d Options: A. holding that we will not reverse in the absence of prejudice B. holding that taxes are not private property that can be physically taken by the government C. holding that while private communications between jurors and others are presumptively prejudicialthere can be no prejudice in the absence of any such communication D. holding that in the absence of demonstrated prejudice remand is unnecessary E. holding regarding sixth amendment prejudice if there is no reasonable possibility that the appellate court would have ruled in his favor there can be no strickland prejudice

assistant: The best answer is C. holding that while private communications between jurors and others are presumptively prejudicialthere can be no prejudice in the absence of any such communication
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: park.” The Park includes such amenities as RV connections, a public boat ramp, a swimming area, picnic areas, and a park store. The Lessee manages the Park and collects entrance and use fees. In addition, part of the Park is taken up by the structures of LCRA’s Wirtz Dam, and part of the Park is submerged most of the time. Throughout the Park’s history, LCRA has not paid property taxes on the Park, claiming that the Park is exempt from taxation because LCRA is a governmental entity and the Park is used for public purposes. See Tex. Const. art. XI, § 9 (“The property of counties, cities and towns, owned and held only for public purposes ... shall be exempt from forced sale and from taxation....”); Lower Colo. River Auth. v. Chem. Bank & Trust Co., 144 Tex. 326, 190 S.W.2d 48, 50 (1945) (<HOLDING>). However, in 2014, BCAD determined for the Options: A. holding that article xi section 9 extends to property held by government agencies B. holding exempt portions of a ranch devoted to and actually used for religious purposes C. recognizing that leased property is exempt from taxation where the lessee uses it for a public purpose D. holding that to be exempt from property tax as a public or charitable use the property must meet the american museum test E. holding that lcras property devoted exclusively to public use is exempt from taxation under article xi section 9

assistant: The best answer is E. holding that lcras property devoted exclusively to public use is exempt from taxation under article xi section 9
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 by 9:00 a.m. (New York City time) on the Trading Day immediately following the date hereof, file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. Effective upon the issuance of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and the Purchaser or any of its Affiliates on the other hand, shall terminate. The Company and Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of Purchaser, or without the prior consent of Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication.

assistant: Publicity
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: clear choice whether to submit to testing or refuse consent. See Neville, 459 U.S. at 555 n. 2, 103 S.Ct. 916. ¶ 30 In sum, we hold that the State failed to carry its burden to show by a preponderance of the evidence that Valenzuela freely and voluntarily consented to providing samples of his blood and breath. By advising Valenzuela after he was arrested and detained that Arizona law required him to submit to testing, the officer invoked lawful authority to compel consent. Because nothing in the suppression hearing record dispels the coercive implication of the officer’s repeated admonition, the trial court erred by finding that Valenzuela had voluntarily consented to the search and then denying the motion to suppress the test results on that basis. Cf. Medicine, 865 N.W.2d at 500 ¶ 17 (<HOLDING>). C. Good-faith exception to the exclusionary Options: A. holding that independent of the implied consent law the fourth amendment requires an arrestees consent to be voluntary to justify a warrantless blood draw B. holding consent to blood draw involuntary when among other circumstances it was given after officer informed arrestee that south dakota law provides that drivers automatically consent to blood draws C. holding that the implied consent law allows law enforcement officers to obtain blood in circumstances in which a warrant or actual consent may otherwise be required D. holding that on the basis of the totality of the evidence when viewed objectively we conclude that a reasonable persons consent to this blood draw would have contemplated the potentiality of the results being used for criminal investigative or prosecutorial purposes thus officer agostino validly obtained from appellee his consent for the blood alcohol test E. holding that the implied consent statutes are irrelevant when the defendant gives actual consent to a blood or breath test

assistant: The best answer is B. holding consent to blood draw involuntary when among other circumstances it was given after officer informed arrestee that south dakota law provides that drivers automatically consent to blood draws
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 FIRST AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW, BUT EXCLUDING ALL OTHER CHOICE OF LAW AND CONFLICTS OF LAW RULES).

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 legal provision and list the applicable contract clause categories. Provision: Agent shall be reasonably satisfied that each Borrower is in compliance with all pertinent federal, state, local or territorial regulations, including those with respect to the Federal Occupational Safety and Health Act, the Environmental Protection Act, ERISA and the Trading with the Enemy Act.

assistant: Compliance With 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: v. Sec’y of the Interior, 562 F.2d 1368, 1384-85 (2d Cir.1977). In this case, however, the court does not find it necessary to review extraneous material because Krichbaum has not shown that any of his proposed additions to the record are necessary to the court’s effective review of the agency’s decision. None of Krichbaum’s exhibits provide needed background information, raise questions that the agency failed to consider, or present evidence of bad faith. Instead, they merely criticize the Forest Service’s methodology and decision to proceed with the sale. Supplementation of the administrative record “to determine the correctness or wisdom of the agency’s decision” is specifically prohibit ed. Asarco, 616 F.2d at 1160; see also Kleppe, 427 U.S. at 410 n. 21, 96 S.Ct. at 2730 n. 21 (<HOLDING>). Because the materials submitted by Krichbaum Options: A. holding that court is not empowered to substitute its judgment for that of the agency B. holding that a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency C. holding that the court is not to undertake to reweigh conflicting evidence make credibility determinations or substitute its judgment for that of the agency D. holding that a reviewing court is not to substitute its decision for that of the board E. recognizing a subsequent agency action as a valid ratification and indicating that the court will not substitute our judgment for that of the agency

assistant: The best answer is A. holding that court is not empowered to substitute its judgment for that of the agency
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 Court of Appeals for Veterans Claims held, nevertheless, that the doctrine of equitable tolling did not apply, and dismissed Mr. Santoro’s appeal for lack of jurisdiction as untimely filed. Mr. Santoro filed a motion for reconsideration, seeking opportunity to argue for application of equitable tolling. The Court of Appeals for Veterans Claims denied the motion to reconsider. Mr. Santoro appeals the Court of Appeals for Veterans Claims’ dismissal. He argues that the Court of Appeals for Veterans Claims misconstrued 38 U.S.C. § 7266, and erred in refusing to treat as timely the July 1998 notice of appeal under the presumption that the VA General Counsel’s office acted with administrative regularity. Mr. Santoro also argues that the Court of Appeals for Veterans 1225 (Del.1997) (<HOLDING>). In view of the above, the Court of Appeals Options: A. holding that although an address in which the zip code is incorrect may be properly addressed an address in which both the zip code and the street address is incorrect is not properly addressed B. holding that an incorrect zip code does not render an otherwise proper address improper C. holding that whether an incorrect zip code on a notice of sale is properly addressed is a question of fact D. holding that service was not defeated by an address with an incorrect zip code E. holding it is a question of fact

assistant: The best answer is C. holding that whether an incorrect zip code on a notice of sale is properly addressed is a question of fact
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: Count Twelve.) 6 . The Court notes that Gilbert's argument that he would be prejudiced by his inability to examine Troutman at a joint trial is without merit. The mere possibility of a co-defendant’s exculpatory testimony is an insufficient reason for severance. United States v. Studley, 892 F.2d 518, 525 (7th Cir.1989). A "mere possibility” of Troutman's testimony, however, is all Gilbert has presented as Trout-man may exercise her Fifth Amendment right not to testify even if Gilbert were tried separately. In addition, contrary to Gilbert’s argument (R. 109, Gilbert Reply at 25), he would not be allowed to ask the jury to draw inferences from Troutman's refusal to answer questions even if he were tried separately. See United States v. Mabrook, 301 F.3d 503, 507 (7th Cir.2002) Options: A. holding that we have never found that it is permissible for a jury to make an inference from the invocation of a witnesss assertion of the fifth amendment B. holding that trial court may draw adverse inference from habeas petitioners silence as result of fifth amendment invocation during deposition C. holding that the statement ill take the fifth was an assertion of the fifth amendment privilege D. holding that juveniles request for parent is invocation of fifth amendment rights E. holding adverse inference permissible in the face of defendants repeated invocation of fifth amendment privilege in discovery responses

assistant: The best answer is A. holding that we have never found that it is permissible for a jury to make an inference from the invocation of a witnesss assertion of the fifth amendment
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: Notwithstanding anything to the contrary contained herein, Purchaser acknowledges that Purchaser shall not be entitled to rely on any representation made by Seller in this Article VII from and after the Closing to the extent, prior to or at Closing, Purchaser shall have or obtained Purchaser’s Knowledge (as defined below) of a breach of such representation or warranty. If Purchaser obtains Knowledge prior to Closing that there is a breach of any of the representations and warranties made by Seller herein, then Purchaser may, at its option, by sending to Seller written notice of its election either (i) terminate this Agreement or (ii) waive such breach and proceed to Closing with no adjustment in the Purchase Price and Seller shall have no further liability as to such breach thereafter. In the event Purchaser terminates this Agreement for the reasons set forth above, the Deposit shall be immediately refunded to Purchaser and neither Purchaser nor Seller shall thereafter have any other rights or remedies hereunder other than under Section 16.12 hereof. In furtherance thereof, Seller shall have no liability with respect to any of the foregoing representations and warranties or any representations and warranties made in any other document executed and delivered by Seller to Purchaser, to the extent that, prior to the Closing, Purchaser obtains Knowledge of a breach of any such representation or warranty (from whatever source, including, without limitation the property manager, the tenant estoppel certificates, as a result of Purchaser’s due diligence tests, investigations and inspections of the Property, or disclosure by Seller or Seller’s agents and employees), and Purchaser nevertheless consummates the transaction contemplated by this Agreement (a “ Purchaser Waived Breach ”). For purposes of this Agreement, whenever the phrases “Purchaser’s Knowledge”, or the “Knowledge” of Purchaser or words of similar import are used, they shall be deemed to refer to the current, actual, conscious knowledge only, and not any implied, imputed or constructive knowledge, without any independent investigation having been made or any implied duty to investigate, of Brian Kim and Chris Graham (each a “ Purchaser Representative ” and collectively, the “ Purchaser Representatives ”). Purchaser represents that the Purchaser Representatives are those employees of Purchaser’s advisor currently responsible for overseeing the due diligence and underwriting of the acquisition of the Property and to whom the other members of the acquisition team of Purchaser reports. The Purchaser Representatives shall have no personal liability under this Agreement or otherwise with respect to the transactions contemplated by this Agreement.

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 case excerpt and choose the best holding from the options. Case excerpt: relationship and because the Repeal Act could not be justified by a significant public purpose. Id. at 1021-22. 5 As previously noted, TRA has asserted on appeal that the CZMA by its own terms does not apply to TRA because the Agreement granted TRA a vested right in development prior to the effective date of the CZMA. The district court interpreted this claim as a writ of review challenge to the CZMC's decision to deny TRA a CZMA permit. While we hold that the district court does not have original jurisdiction over writs of review, on remand the district court should determine whether it would be appropriate to exercise supplemental jurisdiction over any writ of review claims fairly made by TRA. See City of Chicago v. International College of Surgeons, S. Ct. , 1997 WL 76450, *7 (1997) Options: A. holding that the district court may decline to exercise supplemental jurisdiction over related statelaw claims once it has dismissed all claims over which it had original jurisdiction B. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute C. holding that district court had supplemental jurisdiction over claims challenging administrative decision once case was properly removed based on original jurisdiction arising from constitutional claims D. holding that district court properly exercised supplemental jurisdiction over thirdparty claims after main copyright action had been settled E. holding that the united states court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute

assistant: The best answer is C. holding that district court had supplemental jurisdiction over claims challenging administrative decision once case was properly removed based on original jurisdiction arising from constitutional claims
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: TBW Development’s motion for summary judgment. The order awarded McCulley and TBW Development $5,153.62 in damages along with attorneys’ fees for unsuccessful appeals and appellate motions. The order provided, “This judgment disposes of all parties and claims and is a final judgment.” Motions to Dismiss In his first issue, Palavan argues that the county court improperly dismissed his appeal. In his second issue, Palavan argues that the county court improperly dismissed his applicati ract between the parties remained. Accordingly, the contract can be enforced, subject to the regular defenses available to contract actions raised by the opposing party. See In re Build by Owner, LLC, No. 01—11— 00513-CV,- 2011 WL 4612790, at *7 (Tex.App.—Houston [1st Dist.] Oct. 6, 2011, no pet.) (mem.op.) (<HOLDING>). Palavan raises a number of grounds for why Options: A. holding that in the context of a settlement contract the defrauded party may either 1 rescind the settlement or 2 ratify the settlement retain the proceeds and institute an action to recover fraud damages B. holding that once consent to settlement agreement is withdrawn agreement can only be enforced as a binding contract that complies with rule 11 as established by proper pleading and proof C. holding that as a matter of contract no party can be forced to arbitrate unless that party has entered into an agreement to do so D. holding that a settlement agreement is not a court order and therefore a violation of the settlement agreement would not subject a party to contempt E. holding settlement agreement can be enforced as contract even when party prevents settlement from becoming judgment and holding defending party can assert defenses to contract enforcement

assistant: The best answer is E. holding settlement agreement can be enforced as contract even when party prevents settlement from becoming judgment and holding defending party can assert defenses to contract enforcement
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 a condition of employment, the Executive agrees to execute and abide by the Company’s current form of Proprietary Information, Inventions, Non-Solicitation and Non-Competition Agreement (the “ Confidentiality Agreement ”), which may be amended by the parties from time to time without regard to this Agreement. The Confidentiality Agreement contains provisions that are intended by the parties to survive and do survive termination of this Agreement.

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: 59 . See 7547 Corp. v. Parker.& Parsley Development Partners, 38 F.3d 211, 220 (5th Cir.1994); and Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 28 F.3d at 1396-97. 60 . Barker v. Norman, 651 F.2d 1107, 1123 (5th Cir.1981); Gordon v. Watson, 622 F.2d 120, 123 (5th Cir.1980). 61 . See King v. Dogan, 31 F.3d at 346, (refusing to permit a pro se litigant to rely upon an unverified pleading and mier v. Pennzoil, 969 F.2d at 1561, (both holding that a court may not consider hearsay contained in an affidavit when ruling on a summary judgment motion); Hanks v. Transcontinental Gas Pipe Line Corp., 953 F.2d at 997; Lechuga v. Southern Pacific Transportation Company, 949 F.2d at 794; Orthopedic & Sports Injury Clinic v. Wang, 922 F.2d 220, 225 (5th Cir.1991), (<HOLDING>); Isquith v. Middle South Utilities, Inc., 847 Options: A. holding that unsupported allegations or denials are insufficient to create a genuine issue of material fact for purposes of summary judgment B. holding that party may not rely on conclusory statements or an argument that the affidavits in support of the motion for summary judgment are not credible C. holding that affidavits must set forth facts admissible in evidence and explain its conclusions D. holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment E. holding that affidavit in support of summary judgment may not be based upon factual conclusion or conclusions of law

assistant: The best answer is D. holding that unsupported affidavits setting forth ultimate or conclusoiy facts and conclusions of law are insufficient to either support or defeat a motion for summary judgment
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 addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 5.03 hereof), the Company agrees that (a) in the event a payment shall be made by any Guarantor under this Agreement in respect of any Obligation of the Company, the Company shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor shall be sold pursuant to this Agreement or any other Security Document to satisfy in whole or in part a Obligation of the Company, the Company shall indemnify such Guarantor in an amount equal to the greater of the book value or the fair market value of the assets so sold.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “excruciating pain in his fingers, face and neck; a swollen face, knee and fingers; black eyes; and a bloody ear”), adopted by, 2010 WL 3636132 (N.D.N.Y. Sept. 9, 2010). Likewise, the subjective prong is fulfilled because, by knowing — whether from seeing his injuries, hearing about the beating, speaking with Nugent, or anything else— about Plaintiffs need to go to an outside medical facility but yet leaving him to suffer in a van for hours, these Defendants were “aware of a substantial risk [of] serious inmate harm” and yet “fail[ed] to act.” Nielsen, 746 (2d Cir.2012) (same), and includes actions for monetary damages despite the fact that monetary damages are not available as an administrative remedy, Booth v. Churner, 532 U.S. 731, 741, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001) (<HOLDING>). Moreover, the PLRA mandates “ ‘proper Options: A. holding that it would be inconsistent with congress intent to require exhaustion of optional appeals through state procedures after an aggrieved party has exhausted all administrative remedies expressly prescribed by congress in the administrative procedures act apa B. holding that exhaustion is required even where the relief sought is not available in the administrative process C. holding that exhaustion is not required for plaintiffs seeking money damages because damages are unavailable through the administrative process and because all other relief available to the plaintiffs under the idea had already been provided through a settlement agreement D. holding exhaustion is required regardless of the relief offered through administrative procedures E. holding that by its terms the idea does not require exhaustion where the relief sought is unavailable in an administrative proceeding under the idea monetary damages are not available so exhaustion is not required

assistant: The best answer is D. holding exhaustion is required regardless of the relief offered through administrative procedures
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: (Colo.1994). Even though the language of the titles set by the title board was nearly identical to that of the proposed initiative, the titles still did not fairly reflect the contents of the measure. Id. at 850. The titles failed to sufficiently inform voters that the measure was intended to prevent the state from adopting a definition of obscenity that was broader than that under the First Amendment. Id. at 850-51. In the same way, the titles in this case create confusion and are misleading because they do not sufficiently inform the voters of the parental-waiver process and its virtual elimination of bilingual education as a viable parental and school district option. This is the same problem we identified in our prior case. See In re Ballot Title 1999-2000 # 258(A), 4 P.3d at 1100 (<HOLDING>). Contrary to the title board's and proponents' Options: A. holding that the rod and eis for a program were final agency action B. holding that prisoner had no liberty interest in remaining in voluntary boot camp program despite fact that completion of program qualifies inmate for early release C. holding that the title of that initiative created confusion and was misleading in that vloters could assume that parents of nonenglish speaking students will have a meaningful choice between an english immersion program and a bilingual program and thus favor the proposal as assuring both programs D. holding that the implementation of a training program as opposed to the adoption of the program is not a discretionary function under the state tort liability act E. holding that a contract for the installation and implementation of a complex computer system did not constitute a consumer purchase covered by the njcfa and noting that the contract did not provide for simply the installation of a standardized computer software program but rather the design of a custommade program to satisfy the plaintiffs unique needs and the defendants active participation in implementation of this program

assistant: The best answer is C. holding that the title of that initiative created confusion and was misleading in that vloters could assume that parents of nonenglish speaking students will have a meaningful choice between an english immersion program and a bilingual program and thus favor the proposal as assuring both programs
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 expressly provided herein, the execution, delivery and effectiveness of this Agreement (or any provision hereof) shall not operate as a waiver of any right, power or remedy of the Administrative Agent or the Lenders, nor constitute a waiver of any provision of the Existing Credit Agreement or any Existing Loan Documents. This Agreement shall be, and shall be construed and administered as, a Loan Document under the Existing Revolving Credit Agreement immediately prior to the effectiveness of the Amended Revolving Credit Agreement and, thereafter, under the Amended Revolving Credit Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither Buyer nor Seller shall be entitled to assign this Supply Agreement or any PO that incorporates this Supply Agreement to a third party non-Affiliate without the prior written consent of the other Party. Any assignee of Seller or Buyer shall be bound by the terms and conditions of this Supply Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 1074 (La.1981). The record clearly reflects that the trial court considered the sentencing guidelines in particularizing defendant’s sentences. The trial judge stated for the record the circumstances he took into account and their factual basis in imposing sentence on the defendant. The trial court has wide discretion in imposing sentence, and a sentence imposed within statutory limits will not be deemed constitutionally excessive absent manifest abuse of discretion. State v. Howard, 414 So.2d 1210 (La.1982). Focusing on the constitutional claim advanced by the defendant, the jurisprudence suggests that the defendant’s individual sentences are neither shocking nor grossly disproportionate to the severity of the crimes committed. See State v. Anderson, 603 So.2d 780 (La.App. 1 Cir.1992) (<HOLDING>), writ granted in 6part and denied in part, 609 Options: A. holding that a term of substantially less than twenty years would serve the objectives of general deterrence and community condemnation in the case of a first offender convicted of seconddegree murder an unclassified felony B. holding that twenty years was not excessive for second felony offender convicted of simple burglary C. holding that thirddegree burglary is a violent felony D. holding that burglary is violent felony E. holding second simple possession conviction was not an aggravated felony because it was not prosecuted as recidivist possession

assistant: The best answer is B. holding that twenty years was not excessive for second felony offender convicted of simple burglary