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: As a condition to the Confidential Information being furnished to the Receiving Party and the directors, officers, principals, partners, members, employees, agents, consultants, related investment funds, advisors, attorneys, accountants, affiliates, potential sources of capital and financing, and financial advisors (collectively, “Representatives”) of the Receiving Party, the Receiving Party agrees to treat the Confidential Information strictly in accordance with the provisions of this Agreement and to otherwise comply, and to cause its Representatives to comply, with all obligations hereinafter set forth. The Receiving Party shall, and shall cause its Representatives to, keep the Confidential Information in confidence and shall not disclose any of the Confidential Information in any manner whatsoever; provided, however, that (iii) any information contained in the Confidential Information may be disclosed to the Receiving Party’s Representatives who reasonably require access to such information for the purpose of evaluating a possible Transaction and who agree to keep such information in confidence to the same extent as described herein; provided, further, that the Receiving Party shall not make any disclosure of any Confidential Information to any potential sources of equity financing without the Company’s prior written consent.

assistant: No
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 the victim’s conduct. See § 90.405, Fla. Stat. (2009). There are, however, important distinctions and evi-dentiary requirements between reputation evidence and evidence of specific acts admitted under section 90.404(l)(b). Grace v. State, 832 So.2d 224, 226 (Fla. 2d DCA 2002); Pino, 389 So.2d at 1194. The purpose of introducing the reputation evidence in a self-defense case is to show that the victim was the initial aggressor. Pino, 389 So.2d at 1194. Reputation evidence is offered to show that the victim acted in conformity with a known character trait. Because reputation evidence relates to the conduct of the victim, the defendant is not required to have had prior knowledge of the victim’s reputation in the community. See Dwyer v. State, 743 So.2d 46, 48 (Fla. 5th DCA 1999) (<HOLDING>) (citations omitted); Melvin v. State, 592 Options: A. holding that evidence of assault on victim that was subsequent to the arson for which defendant was tried was admissible to show defendants bent of mind toward violence directed at the victim B. holding that uncharged sexual acts committed upon the same victim are admissible to show the conduct of the defendant toward the victim and to corroborate the evidence of the offense charged in the indictment C. holding that a defendant who alleges selfdefense can show through the testimony of another witness that the alleged victim had a propensity for violence thereby inferring that the alleged victim was the aggressor a defendants prior knowledge of the victims reputation for violence is irrelevant because the evidence is offered to show the conduct of the victim rather than the defendants state of mind D. holding that before a defendant is entitled to introduce evidence of the victims character for violence there must be sufficient evidence to support a finding that the victim was the first aggressor and that once the defendant testified that he was attacked and cut by the victim without provocation before using the victims utility tool to stab the victim the defendant was clearly entitled to question the victim about past acts of violence reflected in court documents from the state of oregon E. holding that corroborative evidence of prior specific acts of violence by victim may be admissible in selfdefense case where the defendant knew of the act

assistant: The best answer is C. holding that a defendant who alleges selfdefense can show through the testimony of another witness that the alleged victim had a propensity for violence thereby inferring that the alleged victim was the aggressor a defendants prior knowledge of the victims reputation for violence is irrelevant because the evidence is offered to show the conduct of the victim rather than the defendants state of mind
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, including the Exhibits and Schedules attached hereto and the documents delivered pursuant hereto, including the Transaction Documents, set forth all the promises, covenants, agreements, conditions and understandings between the parties hereto with respect to the subject matter hereof and thereof, and supersede all prior and contemporaneous agreements, understandings, inducements or conditions, expressed or implied, oral or written, except as contained herein and in the Transaction Documents; provided, however, except as explicitly stated herein, nothing contained in this Agreement or any other Transaction Document shall (or shall be deemed to) (i) have any effect on any agreements any Buyer has entered into with, or any instruments any Buyer has received from, the Company prior to the date hereof with respect to any prior investment made by such Buyer in the Company or (ii) waive, alter, modify or amend in any respect any obligations of the Company, or any rights of or benefits to any Buyer or any other Person, in any agreement entered into prior to the date hereof between or among the Company and any Buyer, or any instruments any Buyer received from the Company prior to the date hereof, and all such agreements and instruments shall continue in full force and effect..

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for negligent infliction of emotional distress would require physical injury or illness resulting from District’s alleged negligence (Rickey v. Chicago Transit Authority, 98 Ill.2d 546, 555, 75 Ill.Dec. 211, 215, 457 N.E.2d 1, 5 (1983)). Count IV contains no such allegations. 27 . Section 2-622(a)(l) also provides that if the affidavit is filed as to the actions of a psychologist (as here with Petersen), the written report must come from a health professional licensed in the same profession, and with the same class of license, as the psychologist. 28 . This Court’s colleague Judge Ann Williams has dealt with that issue persuasively in Thompson by Thompson v. Kishwaukee Valley Medical Group, No. 86 C 1483, avail, on LEXIS (N.D.Ill. Oct. 6, 1986) [available on WESTLAW, 1986 WL 11381] (<HOLDING>). 29 . As to the individual defendants, their Options: A. holding that dismissal for failure to comply with discovery orders is on the merits B. holding dismissal for failure to comply with rule 8 was dismissal of entire action which was appealable final order C. holding that absent extraordinary circumstances a failure to comply with the statute requires a dismissal with prejudice D. holding that the plaintiffs failure to meet any one of the elements requires dismissal of claim E. holding plaintiffs failure to comply with section 2622 requires dismissal in federal court

assistant: The best answer is E. holding plaintiffs failure to comply with section 2622 requires dismissal in federal court
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 irreparable damage would occur in the event any of the provisions of this Agreement were not performed in accordance with the terms hereof. It is accordingly agreed that, subject to the terms and conditions of this Section 19(r), the Recipient and Contributor shall be entitled to an injunction, specific performance and other equitable relief to prevent breaches of this Agreement by the other party and to enforce specifically the terms and provisions hereof, this being in addition to any other remedy to which they are entitled at law or in equity. In such a case referenced in the immediately preceding sentence where the Recipient or Contributor is entitled to specific performance, Recipient and Contributor specifically agree that the remedy of specific performance is a reasonable and appropriate remedy for the Recipient and Contributor, and the Recipient and Contributor waive and agree not to assert any claim or defense that specific performance is not an appropriate remedy for Recipient and Contributor.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in any jurisdiction in which we decide to facilitate direct collection and remittance , you hereby instruct and authorize airbnb ( via airbnb payments ) to collect occupancy taxes from guests on the host 's behalf at the time listing fees are collected , and to remit such occupancy taxes to the tax authority .

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: The Lenders and the Administrative Agent shall have received all fees required to be paid, and all expenses for which invoices have been presented (including the reasonable fees and expenses of legal counsel) at least one (1) Business Day before the Restatement Effective Date. All such amounts will be paid with proceeds of Loans made on the Restatement Effective Date and will be reflected in the funding instructions given by the Borrower to the Administrative Agent on or before the Restatement Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party irrevocably submits to the exclusive jurisdiction of (i) the Supreme Court of the State of New York, New York County and (ii) the United States District Court for the Southern District of New York, for the purposes of any suit, action or other proceeding arising out of this Agreement or any transaction contemplated hereby (and agrees not to commence any such suit, action or other proceeding except in such courts). Each party further agrees that service of any process, summons, notice or document by U.S. registered mail to such party’s respective address set forth or referred to in Section 13(k) shall be effective service of process for any such suit, action or other proceeding. Each party irrevocably and unconditionally waives any objection to the laying of venue of any such suit, action or other proceeding in (i) the Supreme Court of the State of New York, New York County, and (ii) the United States District Court for the Southern District of New York, that any such suit, action or other proceeding brought in any such court has been brought in an inconvenient forum.

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 case excerpt and choose the best holding from the options. Case excerpt: unlawful harm under that public policy may include actions that violate recognized and accepted standards of conduct, such as applicable codes of ethics. The critical question in this case is whether under all of the surrounding circumstances MacDougall’s termination by Weiehert violated that clear mandate of public policy and was in retaliation for either his vote on the municipal parking ban ordinance or his refusal to change the ordinance. At the outset, we recognize that conduct that is directed against constitutionally-protected activity may violate a clear mandate of public policy, even though it may not offend any other statutory or legal standard. Supra at 390, 393, 677 A.2d at 167, 168. Compare Shovelin v. Central New Mexico Elec. Coop., Inc., 115 N.M. 293, 850 P.2d 996 (1993) (<HOLDING>) with Novosel v. Nationwide Ins. Co., 721 F.2d Options: A. holding that employees retaliatory discharge based on employees election to public office did not violate public policy B. recognizing public policy limits on employer discretion in discharging employees C. holding public employees conduct and expression in internal investigation of employees at county prosecutors office to expose potential wrongdoing constituted matter of public concern D. recognizing retaliatory discharge claim where employer prevented employees exercise of workers compensation rights because of employees intention to file claim E. holding that the discharge of an employee hospitalized for illness did not violate public policy

assistant: The best answer is A. holding that employees retaliatory discharge based on employees election to public office did not violate public policy
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Agreement shall begin on the date of execution of this Agreement and, unless sooner terminated pursuant to Section 10 of this Agreement, shall terminate on June 30, 2017; provided that on June 30, 2016 the term of this Agreement shall be extended for two years; and on June 30, 2018 and each June 30 thereafter, the term of this Agreement shall be extended for one year. At any time either party may notify the other that this Agreement shall no longer be extended and that this Agreement will terminate at the end of its current term.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As compensation for Executive’s services rendered pursuant to this Agreement, Executive shall continue to receive from the Company, or through its wholly owned subsidiary Castle Resorts & Hotels, Inc. (the “Subsidiary”), a base salary of $240,000 per year during the Term of this Agreement in equal installments at least monthly in accordance with the Company’s customary pay schedule.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: with a broad brush that FDUTPA does not apply to attorney conduct and thus Plaintiffs’ FDUTPA claims must be dismissed. The statute itself does not explicitly mention the legal profession in this context. The firm acknowledges that to date, no Florida court has held that attorney conduct will not give rise to a FDUTPA claim. But the firm cites decisions from courts outside of Florida in which those states’ unfair trade practices acts were found to not apply to attorney conduct. Generally, the rationale in those cases is that, whereas lawyers are regulated by their state’s highest court, acts committed by lawyers in the course of practicing law will not support claims of unfair trade practices. See, e.g., Jamgochian v. Prousalis, No. 99C-10-022, 2000 WL 1610750 (Del.Super.Ct.2000) (<HOLDING>); Cripe v. Letter, 184 Ill.2d 185, 234 Ill.Dec. Options: A. holding that the punitive provisions of the delaware consumer fraud act were not applicable to attorney conduct occurring within the practice of law given the state supreme courts inherent constitutional and statutory authority to discipline members of the state bar noting the lack of consensus in different jurisdictions as to the applicability of state consumer fraud acts to attorney conduct B. holding that the state was a real party in interest when the attorney general filed suit under the illinois consumer fraud act on behalf of residents who were specifically aggrieved by violations of the act because the attorney general decides whether to bring the litigation and maintains control of it in her role as protector of the public and not as personal representative of the consumers for whom she seeks restitution C. holding that the authority of the supreme court to discipline judges and members of the bar is plenary D. holding that nothing in the legislative history of the pennsylvania consumer fraud act suggests that the legislature ever intended statutory language directed against consumer fraud to do away with the traditional elements of reliance and causation and accordingly in order to maintain a class action suit under the pennsylvania consumer fraud act a plaintiff must allege reliance E. holding that illinoiss consumer fraud act did not apply to the claim that attorneys charged excessive fees for legal services because the attorneyclient relationship was the subject of regulation by the state supreme court and the legislature did not specify that it intended the consumer fraud act to apply to the role of attorneys in relation to their clients

assistant: The best answer is A. holding that the punitive provisions of the delaware consumer fraud act were not applicable to attorney conduct occurring within the practice of law given the state supreme courts inherent constitutional and statutory authority to discipline members of the state bar noting the lack of consensus in different jurisdictions as to the applicability of state consumer fraud acts to attorney conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in counterparts, each of which so executed will be deemed to be an original and such counterparts together will constitute one and the same agreement. Execution and delivery of this Agreement by exchange of facsimile copies bearing the facsimile signature of a party shall constitute a valid and binding execution and delivery of this Agreement by such party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller will up to and including the Closing Date maintain in full force and effect the existing policies of insurance of the Total Assets. The Business and the Total Assets will remain at the risk of Seller to the Closing Date. In the event of loss, Buyer may elect to complete the purchase of the Shares, or may cancel this Agreement and any monies paid to Seller will be returned to Buyer. Seller will cause Company to terminate coverage of the insurance policies of Company as of 12:01 a.m. of the day following the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding any agreement between the Parties to the contrary, WPG and Glimcher agree that each party is responsible for their own attorneys’ fees and costs incurred in connection with the preparation, negotiation, and/or execution of this Agreement; provided that WPG will reimburse Glimcher for up to $10,000 of actual legal fees incurred upon submission of an invoice. However, in any dispute between the Parties concerning an alleged breach of this Agreement, the prevailing party shall be awarded, by a Court of competent jurisdiction, an award of reasonable attorneys’ fees and costs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The titles to the sections of this Agreement are inserted for convenience of reference only and should not be deemed a part hereof or affect the construction or interpretation of any provision hereof. Whenever the context may require, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular form of nouns, pronouns, and verbs shall include the plural and vice versa.

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 legal provision and list the applicable contract clause categories. Provision: The rights of the General Partner, in its capacity as holder of the Series C Preferred Units, are in addition to and not in limitation of any other rights or authority of the General Partner, in any other capacity, under the Partnership Agreement. In addition, nothing herein shall be deemed to limit or otherwise restrict any rights or authority of the General Partner other than in its capacity as the holder of the Series C Preferred Units.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall take effect as a deed on the date (the “ Effective Date ”) on which (i) the Borrower, the Guarantor, the Agents and each of the Lenders who are initially parties hereto shall have signed a counterpart hereof (whether the same or different counterparts) and shall have delivered the same to the Facility Agent or, in the case of the Lenders and the other Agents, shall have given to the Facility Agent written or facsimile notice (actually received) at such office that the same has been signed and mailed to it, (ii) the Borrower shall have paid to the Facility Agent for its own account and/or the account of Lenders and/or Agents, as the case may be, the fees required to be paid pursuant to the heads of terms, dated September 14, 2012, among the Parent and KfW IPEX-Bank GmbH (the “ Heads of Terms ”) and (iii) the Credit Parties shall have provided (x) the “Know Your Customer” information required pursuant to the USA Patriot Act (Title III of Pub.: 107-56 (signed into law October 26, 2001)) (the “ Patriot Act ”) and (y) such other documentation and evidence necessary in order to carry out and be reasonably satisfied with other similar checks under all applicable laws and regulations pursuant to the Transaction and the Hermes Cover, in each case as requested by the Facility Agent, the Hermes Agent or any Lender in connection with each of the Facility Agent’s, the Hermes Agent’s, Hermes’ and each Lender’s internal compliance regulations. The Facility Agent will give the Parent, the Borrower and each Lender prompt written notice of the occurrence of the Effective Date.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: “A person can be convicted for conspiring with unknown persons, if the indictment charges conspiracy with unknown persons and the evidence supports their existence and their complicity in the conspiracy.” United States v. Dukes, 139 F.3d 469, 475 (5th Cir.1998); see also United States v. Villasenor, 894 F.2d 1422, 1428 (5th Cir.1990). For example, in Dukes we held that the evidence was sufficient to prove a conspiracy with an unidentified drug supplier who twice brought drugs for sale to a confidential informant in the defendant’s presence and who paid the defendant a portion of the proceeds from one sale that was successfully completed. Dukes, 139 F.3d at 472, 475. Here, the indictment charged that Boyd conspired with unknown persons, and Evelyn French tes x. 383, 387 (5th Cir.2010) (<HOLDING>). In short, it cannot be inferred whether the Options: A. holding that evidence was insufficient to prove a conspiracy where the evidence did not show that individuals who sold drugs to the defendant knew that the drugs were meant to be resold B. holding that evidence was insufficient to prove constructive possession where the defendant was in jail at the time the drugs were seized from his residence C. holding extraneous evidence that defendant was using drugs admissible under rule 404b because evidence not offered to show that defendant was drug user and was using drugs at the time of the offense but to rebut the defense of consensual sex D. holding that the evidence was insufficient to prove the offense of supplying contraband to a jail because the defendant was not in possession of the drugs when he was taken to jail where the arresting officer entered the jail with the drugs E. holding that evidence that the defendant and a witness sold drugs together was relevant to prove how the witness knew the defendant

assistant: The best answer is A. holding that evidence was insufficient to prove a conspiracy where the evidence did not show that individuals who sold drugs to the defendant knew that the drugs were meant to be resold
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 inherently unfair and inequitable results [that] occur in the strict application of the doctrine of sovereign immunity. On the other hand, the legislature recognizes that while a private party may readily be held liable for his torts within the chosen ambit of his activity, the area within which the government has the power to act for the public good is almost without limit, and therefore government should not have the duty to do everything that might be done. Section 41—4—2(A); see also Caillouette, 113 N.M. at 497, 827 P.2d at 1311 (refusing to find a waiver of immunity based on wrongful death statute and Article II, section 4 of New Mexico Constitution because to do so would eliminate the principle of sovereign immunity). Cf. Torres, 116 N.M. at 383-84, 862 P.2d at 1242-43 (<HOLDING>). We thus construe the language of Section Options: A. holding where there is no duty to defend there is no duty to indemnify B. holding that the duty to investigate applied to a specific murder suspect C. holding that jailers had no independent duty to investigate D. holding that officers owe a duty to the public to detect and investigate crime but owe no duty to individuals for negligent investigation E. holding that officers are not liable to additional victims of murderer because there is no duty to promptly investigate and solve every reported homicide

assistant: The best answer is E. holding that officers are not liable to additional victims of murderer because there is no duty to promptly investigate and solve every reported homicide
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: isolated statements about the community’s drug problem). Here, although the highly charged nature of the context could lead to prejudicial comments, one isolated statement does not rise to the level of flagrancy- Poandl’s second challenged statement fails for similar reasons. Poandl contends that the prosecutor appealed to the jury’s sympathy for David Harper by stating: I would ask you to consider David Harper. What’s he gain out of this? What’s he win? Trust. Trust and courage, I guess. Courage is a word I would also want you to think about with David Harper. He would want you to show the same courage. He is asking for your trust. He has exposed his life, and he would ask you to show that same courage. Although “[n]othing prevents the government from appealing to the Cir.1988) (<HOLDING>), and Byrd v. Collins, 209 F.3d 486, 536 (6th Options: A. holding that admission of statement with references to we or they which did not directly implicate defendant did not violate defendants confrontation rights B. holding that evidence obtained from valid search warrant did not violate constitutional due process provisions C. holding that prosecutors deliberate repeated references to defendant as a deadbeat a thief a creep and a liar did not violate due process D. holding that the defendant bears the burden of proof and that such a disposition does not violate the due process clause E. holding that doctrine does not violate due process

assistant: The best answer is C. holding that prosecutors deliberate repeated references to defendant as a deadbeat a thief a creep and a liar did not violate due process
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: Reynolds, Inc. v. Byrd, 470 U.S. 213, 219-220, 105 S.Ct. 1238, 84 L.Ed.2d 158 (1985) for the proposition that the basic purpose of the FAA is to ensure judicial enforcement of privately made agreements to arbitrate). Choice of Law In determining whether the parties agreed to arbitrate a particular matter, courts are generally required to apply ordinary state law principles as to the formation of contracts. See First Options, 514 U.S. at 944, 115 S.Ct. 1920. See also Scott, 141 F.3d at 1011 (citing First Options, 514 U.S. at 944, 115 S.Ct. 1920); Employers Ins. of Wausau v. Bright Metal Specialties, Inc., 251 F.3d 1316, 1322 (11th Cir.2001) (“Federal law establishes the enforceability of arbitration agreements, while state law governs the interp 19 F.2d 1001, 1004 n. 1 (3d Cir.1980) (<HOLDING>); Schlumberger Tech. Corp. v. Blaker, 859 F.2d Options: A. holding that an objection was adequate when the judge cut short the objection and the defendant was not afforded the opportunity to explain his objection fully B. holding that party waived an objection to choice of law C. holding that appellant had waived any objection to an instruction that he had himself introduced and which was amended by the state without objection from appellant D. holding that parties waived any choice of law objection by not raising an objection E. holding that speculation objection as to expert testimony was waived where a different ground for objection was offered below

assistant: The best answer is D. holding that parties waived any choice of law objection by not raising an objection
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: Reicherts. • Even if the Reicherts chose to reduce their rent by 50 percent for 9 months, they would still pay almost $27,000 more during that period than Ridco for approximately the same store space. • The evidence showed that there was a flat economy in the area and that Ridco’s lower rent gave it an unfair competitive advantage. • Hammond and Ridco anticipated that the addition of a Riddles store would force the closure of one of the Reicherts’ stores before July 2004. • Although parties are free to contract for a particular remedy for a breach of contract, this case was an equitable action to prevent a breach, or further breach, of the lease agreements. The court relied upon a 1925 case for its ruling. See Nebraska Wheat Growers Ass’n v. Norquest, 113 Neb. 731, 204 N.W. 798 (1925) (<HOLDING>). The court held the reduction in rent was an Options: A. holding that the nevada industrial insurance acts exclusive remedy provision did not bar an employees claims for injunctive relief B. holding that liquidated damages provision did not provide adequate remedy at law or prevent injunctive relief C. holding that where plaintiffs filed a complaint for conversion unjust enrichment and injunctive relief they had an adequate remedy at law D. holding that adequate alternative state remedy must provide the possibility of relief under the circumstances E. holding a claim for money damages is an adequate remedy at law and so it does not provide a sufficient basis for injunctive relief notwithstanding the possibility that a money judgment will be uncollectible

assistant: The best answer is B. holding that liquidated damages provision did not provide adequate remedy at law or prevent injunctive relief
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other parties, if the Closing has not been consummated on or before September 23, 2016; provided , that the right to terminate this Agreement under this Section 5.1 shall not be available to any Purchaser whose failure to comply with its obligations under this Agreement has been the cause of or resulted in the failure of the Closing to occur on or before such time; provided , however , that such termination will not affect the right of any party to sue for any breach by any other party (or parties).

assistant: Terminations
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: court's decision did not constitute an abuse of discretion. The trial court was particularly troubled by the Estate's "form over substance" insistence that McKinney's designated evidence be excluded from consideration, (Summary Judgment Tr. 7) because the Estate sought to preclude the trial court from considering documents the Estate's attorney had drafted and filed with the trial court in prior litigation against McKinney. Moreover, the Estate was not prejudiced by the trial court's decision: McKinney's supplemental affidavit presented no new substantive evidence, the Estate had already addressed the previously designated evidence in its brief, and the Estate failed to renew its motion to strike upon McKinney's submission of the supplemental affidavit, See Logan, 728 N.E.2d at 860 (<HOLDING>). The trial court did not abuse its discretion Options: A. recognizing that while summary judgment is improper if the nonmovant is not afforded a sufficient opportunity for discovery it is the nonmovants responsibility to inform the district court of the need for discovery by filing an affidavit pursuant to rule 56f of the federal rules of civil procedure or filing a motion requesting additional discovery B. holding no prejudice occurred when supplemental affidavits of a substantive nature were submitted after the time for a nonmovants response had elapsed and the parties had ample opportunity for prior discovery C. holding that when the trial court proceeded to consider affidavits submitted with motion to reconsider summary judgment the affidavits were properly before the appellate court for purposes of reviewing the propriety of the trial courts grant of summary judgment D. holding that the trial court abused its discretion in determining that adequate time for discovery had passed because movant successfully resisted nonmovants attempts to obtain discovery E. holding movant may not raise new grounds for summary judgment in reply to nonmovants response

assistant: The best answer is B. holding no prejudice occurred when supplemental affidavits of a substantive nature were submitted after the time for a nonmovants response had elapsed and the parties had ample opportunity for prior discovery
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and each of its Subsidiaries has filed all tax returns which are required to have been filed and has paid, or made adequate provisions for the payment of, all of its Taxes which are due and payable, except such Taxes, if any, (a) as are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP have been maintained; or (b) the amount of which is de minimis . As of the date of this Agreement, the Borrower is not aware of any proposed assessment against the Borrower or any of its Subsidiaries for additional Taxes (or any basis for any such assessment) which might be material to the Borrower and its Subsidiaries taken as a whole.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: party who seeks to seal an entire record faces an even heavier burden.” (internal quotation marks and citation omitted)). The rationale underlying the “good cause” standard for nondispositive orders, namely that “the public has less of a need for access to court records attached only to non-dispositive motions because those documents are often unrelated, or only tangentially related, to the underlying cause of action,” does not apply to this case. See Kamakana, 447 F.3d at 1179 (internal quotation marks omitted). Here, the parties seek to seal the entire record of the proceedings in the district court, including the court’s opinion. The district court properly invoked the “compelling reasons” standard in considering the sealing request. See Joy v. North, 692 F.2d 880, 894 (2d Cir.1982) (<HOLDING>). The only reasons provided for sealing the Options: A. holding that a nonstatutory postponement does not constitute an irregularity in the foreclosure proceeding itself that could justify setting aside a foreclosure sale B. holding that a failure to comply with the foreclosure statutes invalidates a foreclosure sale C. holding that only the most compelling reasons can justify the total foreclosure of public and professional scrutiny to a courts basis for the adjudication D. holding that after a judgment entry grants a decree of foreclosure and order of sale the foreclosure action cannot be dismissed as the judgment is final E. holding that foreclosure on mortgage not state action and thus could not trigger due process clause scrutiny

assistant: The best answer is C. holding that only the most compelling reasons can justify the total foreclosure of public and professional scrutiny to a courts basis for the adjudication
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: CONCLUSION Because the Department of State’s decisions were not arbitrary, capricious, an abuse of discretion, or otherwise unlawful, the Court cannot disturb those decisions; thus, Mr. Fox’s complaint fails to state a claim upon which relief can be granted. For the foregoing reasons, the Court will grant Defendants’ Motion to Dismiss [Dkt. # 9]. A memorializing Order accompanies this Memorandum Opinion. 1 . Section 3 of the Law of Return grants every Jewish individual the right to come to Israel as an " 'oleh ” (a Jew immigrating to Israel) and become an Israeli citizen. Compl. ¶ 28; see also Israeli Citizenship Law of 1952, § 2(b)(4). See id.., Attach. 1, Ex. E. 2 . Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971) (<HOLDING>). 3 . The APA provides a cause of action to a Options: A. holding that the united states may bring suit against a state to enforce compliance with federal law B. recognizing cause of action against federal officials for violation of constitutional rights C. recognizing federal constitutional claim against the united states D. holding that the eleventh amendment does not bar the united states from asserting an indemnity claim against a state E. recognizing the delegation of authority to the united states attorneys

assistant: The best answer is C. recognizing federal constitutional claim against the united states
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: Board of Education v. White, 439 U. S. 82, 43 (1978), where we held that a Board of Education rule requiring employees to take unpaid leaves of absence while campaigning for elective political office was a barrier to candidacy “as formidable as the filing date changes at issue in” Hadnott and Allen. In other contexts, we have interpreted § 5 broadly to require preclearanee of changes in residence requirements for candidates, City of Rome v. United States, 446 U. S. 156, 160-161 (1980); alterations of municipal boundaries, Richmond v. United States, 422 U. S. 358 (1975); reapportionment and redistricting plans, Georgia v. United States, 411 U. S. 526 (1973); and the location of polling places, Perkins v. Matthews, 400 U. S. 379 (1971). 23 See Steelworkers v. Usery, 429 U. S. 305 (1977) (<HOLDING>). 24 Only one black candidate filed for Options: A. recognizing that union members interests are adequately represented by the union B. holding union members state law claims for defamation against union preempted C. recognizing in union democracy context potential adverse impact of requiring candidates to qualify long before election D. recognizing that the involvement of supervisory union members in union affairs conflicts with the need to assure the complete devotion of union negotiating teams to employee interests E. recognizing impact of child support guidelines

assistant: The best answer is C. recognizing in union democracy context potential adverse impact of requiring candidates to qualify long before election
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Financier hereby irrevocably appoints and authorizes Bank of Utah, and Bank of Utah hereby accepts such appointment, to act as its Security Trustee hereunder and under the other Operative Documents with such powers as are specifically delegated to the Security Trustee by the terms of this Agreement, of the other Operative Documents, together with such other powers as are reasonably incidental thereto. The Security Trustee (which term as used in this sentence and in Section 15(j)(v) and the first sentence of Section 15(j)(vi) shall include reference to its affiliates and its own and its affiliates’ officers, directors, employees and agents): (a) shall have no duties or responsibilities except those expressly set forth in this Agreement and in the other Operative Documents, and shall not by reason of this Agreement or any other Operative Document be a trustee for any Financier; (b) shall not be responsible to the Financiers for any recitals, statements, representations or warranties contained in this Agreement, in any other Operative Document, or in any certificate or other document referred to or provided for in, or received by any of them under, this Agreement, any other Operative Document, or for the value, validity, effectiveness, genuineness, enforceability or sufficiency of this Agreement, any Note, any other Operative Document or any other document referred to or provided for herein or therein or for any failure by the Owner or any other Person to perform any of its obligations hereunder or thereunder; (c) shall not be required to initiate or conduct any litigation or collection proceedings hereunder or under any other Operative Document; and (d) shall not be responsible for any action taken or omitted to be taken by it hereunder, under any other Operative Document or under any other document or instrument referred to or provided for herein or therein or in connection herewith or therewith, except for its own gross negligence or willful misconduct. The Security Trustee may employ agents and attorneys-in-fact and shall not be responsible for the negligence or misconduct of any such agents or attorneys-in-fact selected by it in good faith. The Security Trustee may deem and treat the payee of any Note as the Holder thereof for all purposes hereof unless and until a notice of the assignment or transfer thereof shall have been filed, together with the consent of the Lessee to such assignment or transfer (to the extent provided in Section 14(c)).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that the Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, the L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors