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: the limited circumstances set forth in 5th Cir. R. 47.5.4. 1 . On December 30, 2009, the Arkansas Department of Human Services found insufficient evidence that Dr. Salard had sexually abused L.A.S. 2 . First Am. Bank v. First Am. Transp. Title Ins. Co., 585 F.3d 833, 836-37 (5th Cir.2009). 3 . 11 U.S.C. § 727(b). 4 . Id. § 523(a)(6). 5 . Id. § 523(a)(3)(B). 6 . Id. § 523(c)(1) (claim for willful or malicious injury is dischargeable if the conditions of § 523(a)(3)(B) are not met). 7 . Neeley v. Murchison, 815 F.2d 345, 346-47 (5th Cir.1987). 8 . Id. at 347 (claim was di Cir.B.A.P.2003) (assuming that mother’s notice or actual knowledge of bankruptcy case would require discharge of child’s claim under § 523(a)(3)(B)); but see In re Mitchell, 418 B.R. 282, 288 (8th Cir.B.A.P. 2009) (<HOLDING>). 14 . Chicago, Rock Island and Pacific R. Co., Options: A. holding creditor willfully violated the automatic stay in refusing after notified of debtors bankruptcy filing to turn over debtors funds in his possession B. holding that debtors failure to list minor child as creditor precluded dischargeability of minors claim despite debtors listing of minors parent C. holding debtors complaint to determine dischargeability of tax debt barred by eleventh amendment D. holding that a debtors 522d1 exemption was invalid when the debtor exempted proceeds from the prepetition sale of the debtors marital home which were paid to a judgment creditor with an attachment on the debtors interest in the home E. holding that minors claim was dischargeable because mother received notice of bankruptcy

assistant: The best answer is B. holding that debtors failure to list minor child as creditor precluded dischargeability of minors claim despite debtors listing of minors parent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall become effective when it shall have been executed by each Borrower, Agent and each Lender and thereafter shall be binding upon and inure to the benefit of each Borrower, Agent and each of the Lenders and their respective successors and permitted assigns, except that no Borrower nor any other Credit Party shall have the right to assign or otherwise transfer any of its rights or obligations hereunder or any interest herein without the prior written consent of Agent and all of the Lenders each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (a) to an assignee in accordance with the provisions of Section 11.10(a), (ii) by way of participation in accordance with the provisions of Section 11.10(c) or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 11.10(d) (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 Section 11.10(c) and, to the extent expressly contemplated hereby, any of affiliates, directors, officers, attorneys or employees of each of Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: whether [the plaintiff] has actually made out a prima facie case of retaliation.” Id. First, the plaintiff contends that she engaged in protected activity based on two letters: one in November 2006 to Chance, and copied to Secretary Michael Leavitt, and another in June 2007 to James Hubbard, the EEO investigator. Pl.’s Opp’n at 19. “The statutory prohibition against discrimination is very broad, protecting an employee who ‘participate[s] in any manner’ in a Title VII proceeding.” Barnes v. Small, 840 F.2d 972, 976 (D.C.Cir.1988) (quoting 42 U.S.C. § 2000e-3(a)). To that end, letters can constitute protected activity. See Paquin v. Fed. Nat’l Mortgage Ass’n, 119 F.3d 23, 31 (D.C.Cir.1997) (letter claiming discrimination based on age is a protected activity); Singletary, 351 F.3d at 524 (<HOLDING>). To qualify, however, the letters must allege Options: A. holding that letters sent to deciding official regarding the status of an administrative proceeding constitute a protected activity B. holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor C. holding that informal complaints to superiors about discrimination constitute protected activity D. holding that the fact that employer had knowledge of the employees protected activity was not sufficient to establish a prima facie case of retaliation where the timing of the discharge was not proximate to the protected activity E. holding that an attorneys letters constitute protected conduct under title vii

assistant: The best answer is A. holding that letters sent to deciding official regarding the status of an administrative proceeding constitute a protected activity
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: accordingly , by using the service and uploading content , you are granting evernote a license to display , perform and distribute your content and to modify ( for technical purposes , e.g. , making sure content is viewable on smartphones as well as computers and other devices ) and reproduce such content to enable evernote to operate the service .

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: (i) No later than 9:30 am (EDT) on the first Trading Day after the date hereof and after each closing of the transactions contemplated hereby, the Company shall issue a Current Report on Form 8-K (the " Current Report ") disclosing the material terms of the transactions contemplated hereby, and including the Documents required to be included in such Current Report as exhibits thereto, within the time required by the Exchange Act. The Company represents to the Purchasers that, as of the issuance of the first such Current Report, the Company shall have publicly disclosed all material, non-public information delivered to the Purchasers, if any, as of such time by the Company, or any of its respective officers, directors, employees or agents in connection with the transactions contemplated by the Documents. The Company shall afford each Purchaser and its counsel with a reasonable opportunity to review and comment upon, shall consult with each Purchaser and its counsel on the form and substance of, and shall give due consideration to all such comments from each Purchaser and its counsel on, any press release, SEC filing or any other public disclosure made by or on behalf of the Company relating to such Purchaser, the Documents and/or the transactions contemplated by any Document, prior to the issuance, filing or public disclosure thereof, and the Company shall not issue, file or publicly disclose any such information to which any Purchaser shall reasonably object, unless required by law. For the avoidance of doubt, the Company shall not be required to submit for review any such disclosure contained in periodic reports filed with the SEC under the Exchange Act if it shall have previously provided the same disclosure for review in connection with a previous filing. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with the filing of final Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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 legal provision and list the applicable contract clause categories. Provision: Borrower has filed all federal and state tax returns or reports required of it, including but not limited to income, franchise, employment, and sales taxes, and has paid all tax liability to the extent the same has become due and before it may have become delinquent in accordance with such returns, except for such amounts, if any, as would not have a material adverse effect on Borrower, and Borrower is not aware of any pending investigations of Borrower by any taxing authority, or of any material pending but unassessed tax liability. Borrower will promptly pay and discharge, or cause to be paid and discharged, all lawful taxes and assessments and governmental charges imposed upon Borrower before the payment thereof shall be in default, subject to Borrower’s right to contest any such taxes in good faith. Within thirty (30) days after filing but no later than November 1 of each year, Borrower will provide Lender with its state and federal income tax returns for the prior calendar year.

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 legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and the Purchasers, severally and not jointly, agree to purchase, up to an aggregate of $4,955,000 of Shares and Warrants. Each Purchaser’s Subscription Amount as set forth on the signature page hereto executed by such Purchaser shall be made available for “Delivery Versus Payment” settlement with the Company or its designee. The Company shall deliver to each Purchaser its respective Shares and a Warrant as determined pursuant to Section 2.2(a), and the Company and each Purchaser shall deliver the other items set forth in Section 2.2 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.2 and 2.3, the Closing shall occur at the offices of EGS or such other location as the parties shall mutually agree. Unless otherwise directed by the Placement Agent, settlement of the Shares shall occur via “Delivery Versus Payment” (“ DVP ”) (i.e., on the Closing Date, the Company shall issue the Shares registered in the Purchasers’ names and addresses and released by the Transfer Agent directly to the account(s) at the Placement Agent identified by each Purchaser; upon receipt of such Shares, the Placement Agent shall promptly electronically deliver such Shares to the applicable Purchaser, and payment therefor shall be made by the Placement Agent (or its clearing firm) by wire transfer to the Company).

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

user: Permitted Recipients means those persons who have a need to know the Confidential Information for the Permitted Purpose and who are officers, directors, employees, agents or contractors (at any level) of the Receiving Party or its affiliates, or anyone else for whom the Receiving Party takes responsibility for under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Any Restricted Share Units that have not vested as of the earlier of the Grantee’s Termination of Employment for any reason or the Expiration Date set forth in the Grant Notice shall thereupon be forfeited by the Grantee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Administrative Agent and the Borrower shall determine the effective date of any Incremental Term Loan (the “ Increase Effective Date ”) and the final allocations therefor. The Administrative Agent shall promptly notify the Borrower and the Lenders of the final allocation of such Incremental Term Loan and the Increase Effective Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each respective party and its nominees, officers, directors and shareholders necessary for the authorization, execution, and delivery of this Agreement and the performance of all obligations of the respective party hereunder has been taken. Accordingly, each respective party has all requisite right, power, and authority to: (i) execute and deliver this Agreement and its related documents and perform its/their obligations hereunder and thereunder; and (ii) consummate the transactions contemplated in this Agreement. There are no agreements, contracts, or commitments to which each respective party is a party that would prohibit or restrict the transactions contemplated under this Agreement. No consent, approval, order or other authorization of any governmental or regulatory authority is required with respect to each respective party’s execution and delivery of this Agreement or any related document, or consummation of the transactions contemplated herein or therein. When executed and deliver, this Agreement constitutes the valid and binding obligations of each respective party enforceable in accordance with its terms.

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 case excerpt and choose the best holding from the options. Case excerpt: 1089, 1089 (5th Cir.1998) (per curiam). 47 . United States v. Gornto, 792 F.2d 1028, 1033 (11th Cir.1986) (collecting cases); see also United States v. U.S. Gypsum Co., 438 U.S. 422, 465 n. 38, 98 S.Ct. 2864, 57 L.Ed.2d 854 (1978). 48 . United States v. Vasquez, 677 F.3d 685, 692 (5th Cir.2012) (per curiam). 49 . See United States v. Willis, 38 F.3d 170, 179 (5th Cir.1994) ("Since a justification defense such as duress is an affirmative defense, the burden of proof is on the defendant. To succeed, the defendant must prove each ele ment of the defense by a preponderance of the evidence.” (internal citation omitted)); United States v. MMR Corp. (LA), 907 F.2d 489, 499 (5th Cir.1990) (withdrawal is an affirmative defense). 50 .See United States v. Barton, 992 F.2d 66, 68-69 (5th Cir.1993) (<HOLDING>). 51 . United States v. Mann, 161 F.3d 840, Options: A. holding that in reviewing a defendants motion for judgment of acquittal based on insanity which the defendant must prove by clear and convincing evidence the court must determine whether no reasonable jury could have failed to find that the defendants criminal insanity at the time of the offense was established by clear and convincing evidence B. holding presumption overcome based on competent substantial record evidence which the judge could reasonably find to be clear and convincing C. holding that fraud on the court must be supported by clear unequivocal and convincing evidence D. holding that despite the lack of a statutory requirement that severe child abuse be shown by clear and convincing evidence due to the consequences of such a finding the clear and convincing standard must be applied E. holding that the state must establish insanity and dangerousness by clear and convincing evidence in order to confine an insane convict beyond his criminal sentence when the basis for his original confinement no longer exists

assistant: The best answer is A. holding that in reviewing a defendants motion for judgment of acquittal based on insanity which the defendant must prove by clear and convincing evidence the court must determine whether no reasonable jury could have failed to find that the defendants criminal insanity at the time of the offense was established by clear and convincing evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and Amendment, and all attachments hereto, represents the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings between the Parties regarding the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Member shall use, publish, disseminate or otherwise disclose, directly or indirectly, any Confidential Information that should come into the possession of such Member for other than a proper Company purpose. No Member shall disclose any such Confidential Information except as expressly authorized by this Agreement or by the Board, or as required by law or governmental or regulatory authority. Each Member shall instruct all Affiliates (including their representatives, agents and counsel) to comply with this Section 7.5 . If a Member is required by law or court order to disclose information that would otherwise be Confidential Information under this Agreement, such Member shall immediately notify the Company of such notice and provide the Company the opportunity to resist such disclosure by appropriate proceedings. The terms of this Section 7.5 shall survive with respect to each Member until the earlier to occur of (a) the date following one year from the date of the liquidation of the Company and (b) the date following two years from the date of termination of such Member’s Company Interest.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 381 U.S. 761 85 S.Ct. 1797 14 L.Ed.2d 713 ASSOCIATED FOOD RETAILERS OF GREATER CHICAGO, INC., et al.v.JEWELL TEA CO., Inc. No. 321. Supreme Court of the United States June 7, 1965 Eugene Kart, for petitioners. George B. Christensen, Fred H. Daugherty, Theodore A. Groenke and Samuel Weisbard, for respondent. Solicitor General Cox, for the United States, as amicus curiae. On Petition for Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit. PER CURIAM. 1 The petition for writ of certiorari is granted and the judgment below is reversed. Local Union No. 189, Amalgamated Meat Cutters and Butcher Workmen of North America, AFL-CIO v. Jewel Tea Co., 381 U.S. 676, 85 S.Ct. 1596. 2 Mr. Justice HARLAN, Mr. Justice STEWART and Mr. Justice GOLDBERG concur in the judgment of the Court for the reasons stated in Mr. Justice GOLDBERG's opinion in United Mine Workers of America v. Pennington and Local Union No. 189, etc. v. Jewel Tea Co., 381 U.S. 697, 85 S.Ct. 1607. 3 Mr. Justice BLACK, Mr. Justice DOUGLAS and Mr. Justice CLARK dissent.

assistant: 7
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: need for reliability in the determination that death is the appropriate punishment. See id. at 584, 108 S.Ct. at 1986. The Court remarked that to allow the jury to consider evidence that was materially inaccurate was error. See id. at 590,108 S.Ct. at 1989. The present case does not parallel the situation addressed in Johnson nor the vast majority of cases that have relied upon Johnson to determine whether evidence of a criminal conviction or conduct may be properly admitted at sentencing. Instead of a materially inaccurate criminal conviction, we confront purportedly materially inaccurate testimony. Notwithstanding the difference, Hernandez must still establish that Grigson’s and Erdmann’s testimonies were false and material. See Fuller v. Johnson, 114 F.3d 491, 497 (5th Cir.1997) (<HOLDING>). Although neither the Supreme Court nor this Options: A. holding that the petitioners federal habeas action accrued when a witness executed an affidavit recanting the testimony he gave during a prisoners murder prosecution not on the date that the state supreme court rejected the prisoners claim B. holding that in a prisoners eighth amendment claim of deliberate indifference to a serious medical need expert testimony is necessary when the seriousness of injury or illness would not be apparent to a lay person C. holding that habeas prisoners eighth amendment claim failed because he had not adequately shown that erdmanns testimony was false or material D. holding that a prison official can violate a prisoners eighth amendment rights by failing to intervene E. holding that because pretrial detainees fourteenth amendment rights are comparable to prisoners eighth amendment rights the same standards apply

assistant: The best answer is C. holding that habeas prisoners eighth amendment claim failed because he had not adequately shown that erdmanns testimony was false or material
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 and headings to the various provisions of this Lease have been inserted for convenient reference only and shall not to any extent have the effect of modifying, amending or changing the expressed terms and provisions of this Lease.

assistant: Headings
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: Underwriters Corp., 519 F.2d 171, 174 (5th Cir.1975); Watz v. Zapata Off-Shore Co., 431 F.2d 100, 109-10 (5th Cir.1970)). This case presents the unique issue of whether the locality test has been met where Plaintiff’s injury is alleged to be the result of numerous exposures to benzene, only some of which occurred on navigable waters. Plaintiffs argue that admiralty jurisdiction is inappropriate in this case because the locality test cannot be met with regard to all potential exposures to benzene that Coleman may have suffered. Conversely, Defendants argue that, having established that some of the exposures to benzene occurred on navigable water, admiralty jurisdiction may be asserted over all of Plaintiffs’ claims. This Court notes that the evidence produc F.2d 775, 783 (11th Cir.1984) (<HOLDING>). Accordingly, this Court finds that the situs Options: A. holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction B. holding that the locality requirement for admiralty jurisdiction was met only to the extent that the claims arose from exposures that occurred on navigable waters C. holding that the court of federal claims lacked jurisdiction over claims arising from the violation of a criminal statute D. holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9h designation to trigger admiralty procedures E. holding that claims arising from landbased exposures to an allegedly defective product did not meet situs test for admiralty jurisdiction

assistant: The best answer is E. holding that claims arising from landbased exposures to an allegedly defective product did not meet situs test for admiralty jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Capitalized terms used herein that are not expressly defined herein shall have the meanings set forth in the Amended and Restated Master Development Agreement dated as of the date hereof, by and among the parties hereto, as amended from time to time (the “ MDA ”).

assistant: Definitions
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: injury is defined as an injury of the type the antitrust laws were intended to prevent and that flows from that which makes defendants’ acts unlawful.” Sports Racing Servs., Inc. v. Sports Car Club of Am., Inc., 131 F.3d 874, 882 (10th Cir.1997). “Antitrust injury” is not enumerated as an element of any of the Sherman Act claims discussed above, yet it is a necessary element of any antitrust claim. See NYNEX Corp. v. Discon, 525 U.S. 128, 135, 119 S.Ct. 493, 142 L.Ed.2d 510 (1998) (a plaintiff in a § 1 claim must show harm to the competitive process); Full Draw Prods. v. Easton Sports, Inc., 182 F.3d 745, 750 (10th Cir.1999) (claim under the Clayton Act requires that the plaintiff show an antitrust injury); Rural Tele. Serv. Co., Inc. v. Feist, 957 F.2d 765, 768 (10th Cir.1992) (<HOLDING>). Cigna here argues that the ASCs’ antitrust Options: A. holding that prejudice or injury is a necessary element of standing B. holding that a plaintiff must show antitrust injury in order to bring an antitrust lawsuit C. holding that there must be a causal connection between the alleged antitrust violation and the antitrust injury for there to be antitrust standing D. holding district court erred by incorporating issue of anticompetitive market effect into its standing analysis confusing antitrust injury with an element of a claim under section 1 of the sherman act and stating district courts approach may have been result of the similar antitrust injury label applied to injury component of antitrust standing analysis and to marketplace harm element under section 1 E. holding that an antitrust injury is a necessary element of a 2 claim

assistant: The best answer is E. holding that an antitrust injury is a necessary element of a 2 claim
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: terms of a pretrial agreement. Indeed, we need look no further than the FY14 NDAA which presages the Article 60 changes with the section heading: “Elimination of Unlimited Command Prerogative and Discretion; Imposition of Additional Limitations.” Given Congress’ clear desire to limit CA discretion in granting post-trial sentencing relief, we are unable, as the government urges, to read this agreement so broadly as to permit the CA to grant relief that was not specifically contained within the pretrial agreement. C. The disapproval of the discharge was a nullity We find that the portion of the CA’s action purporting to disapprove the bad-conduct discharge, having no basis or justification in law, was a nullity. See United States v. Tarniewicz, 70 M.J. 543, 544 (N-M. Ct. Crim. App. 2011) (<HOLDING>). Rather than unnecessarily ordering a new CA’s Options: A. holding that to the extent a cas action directed a punitive discharge executed after final judgment in violation of article 71 umcj was ultra vires and thus a nullity B. holding that the judgment was entered without jurisdiction and was therefore a nullity C. holding that the trial court in entering judgment affirming an earlier judgment for an award of attorney fees after having discovered that it mistakenly entered the earlier judgment before the expiration of time for the filing of objections had the inherent power under orcp 71 cs modification authority to change the effective date of the judgment without vacating or setting aside the judgment D. holding that filing of an answer up to the time of signing of judgment renders the judgment an absolute nullity E. holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence

assistant: The best answer is A. holding that to the extent a cas action directed a punitive discharge executed after final judgment in violation of article 71 umcj was ultra vires and thus a nullity
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 may be otherwise provided by the Plan or determined by the Administrator, any written notices provided for in this Agreement or the Plan shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by fax or overnight courier, or by postage paid first class mail. Notices sent by mail shall be deemed received three business days after mailed but in no event later than the date of actual receipt. Notices shall be directed, if to the Participant, at the Participant’s address indicated by the Corporation’s records, or if to the Corporation, at the Corporation’s principal office.

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 following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 394 U.S. 575 89 S.Ct. 1300 22 L.Ed.2d 557 Roosevelt ROLLERSONv.UNITED STATES. No. 1425, Misc. Supreme Court of the United States April 7, 1969 William H. Allen, for petitioner. Solicitor General Griswold, Assistant Attorney General Wilson, Beatrice Rosenberg and Roger A. Pauley, for the United States. On Petition for Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States District Court for the District of Columbia for furthr consideration in light of Kaufman v. United States, 394 U.S. 217, 89 S.Ct. 1068, 22 L.Ed.2d 227. 2 Mr. Justice FORTAS concurs in the disposition of this case but notes that the Court's action does not imply any view as to the merits of any of the petitioner's claims including his assertions as to double jeopardy. 3 Mr. Justice BLACK, Mr. Justice HARLAN, and Mr. Justice STEWART dissent.

assistant: 1
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 Sections 3.3 and 9.4 and Articles 4, 5, 7, 8, 10, 11, 13 and 14 of this Agreement shall survive the termination of this Agreement for any reason.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No consent, approval, order or authorization of, or registration, declaration or filing with, any governmental authority or other Person is required in connection with the execution and delivery of this Agreement or the Note and the performance and consummation of the transactions contemplated thereby, other than such as have been obtained and remain in full force and effect and other than such qualifications or filings under applicable securities laws as may be required in connection with the transactions contemplated by this Agreement.

assistant: Approvals
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 subsection under which the bars were forfeited— was not enacted until 1978. Since the ex post facto clause of the United States Constitution prohibits application of a statute in a way which imposes punishment for an act that was not punishable at the time it was committed, Griffin concludes, the ex post facto clause bars the forfeiture of the nine gold bars in this case. It is beyond dispute that the ex post facto clause applies only to criminal cases. Harisiades v. Shaughnessy, 342 U.S. 580, 594, 72 S.Ct. 512, 521, 96 L.Ed. 586 (1952); Colder v. Bull, 3 U.S. (3 Dali.) 386, 400, 1 L.Ed. 648 (1798). However, the ex post facto effect of a law cannot be evaded by simply giving a civil form to that which is essentially criminal. Burgess v. Salmon, 97 U 4, 29 L.Ed. 746 (1886) (<HOLDING>). However, for other purposes, the civil nature Options: A. holding that forfeiture statute is subject to the fourth amendments prohibitions against unreasonable searches and seizures B. holding that adam walsh act violates the eighth amendments prohibition against excessive bail the fifth amendments guarantee of procedural due process and separation of powers C. holding that adam walsh act violates the eighth amendments prohibition against excessive bail and the fifth amendments guarantee of procedural due process D. holding that because of its quasicriminal nature forfeiture proceeding was subject to the fifth amendments prohibition against selfincrimina tion E. holding that tribal courts are not subject to the fifth amendments requirement of indictment by grand jury

assistant: The best answer is D. holding that because of its quasicriminal nature forfeiture proceeding was subject to the fifth amendments prohibition against selfincrimina tion
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: polygraph results. We recently restated our long-standing rule that “ ‘[pjolygraph test results are not admissible in evidence in a criminal trial in this State.’” Syl. Pt. 1, State v. Chambers, 194 W.Va. 1, 459 S.E.2d 112 (1995) (quoting Syl. Pt. 2, State v. Frazier, 162 W.Va. 602, 252 S.E.2d 39 (1979)). Appellant argues that the rationale underlying Frazier is no longer valid since the United States Supreme Court issued its decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., — U.S. -, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). In Frazier, we explained that our rule regarding the inadmissibility of polygraph test results was premised on “the questionable scientific accuracy of the test.” 162 W.Va. at 608, 252 S.E.2d at 43 (citing Frye v. United States, 293 F. 1013 (D.C.Cir.1923)) (<HOLDING>). The Supreme Court in Daubert concluded that Options: A. holding that calculations done by applying product rule were generally accepted in relevant scientific community B. holding that expert testimony may be admissible even if not generally accepted in the relevant scientific community provided that it qualifies in some other way as reliable under federal rule of evidence 702 C. holding under the restrictive frye test that pcrstr testing is generally accepted in the relevant scientific community D. holding that product rule method of dna statistical evidence is now generally accepted in the relevant scientific community E. holding that expert opinion based on scientific technique is inadmissible unless technique is generally accepted as reliable in relevant scientific community

assistant: The best answer is E. holding that expert opinion based on scientific technique is inadmissible unless technique is generally accepted as reliable in relevant scientific community
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: plea) was wrongful. Poventud cannot evade this fact by “ ‘[s]eeking damages only for punishment he suffered in excess of the one-year imprisonment he accepted as part of his plea.’ ” Maj. Op. at 65 (quoting Appellant Br. 32). Turning elsewhere, the majority posits the hypothetical of a defendant who is tortured, then confesses, then successfully challenges his conviction, then pleads guilty prior to retrial (under no compulsion), and is then released from prison. I have three short responses: • Such a defendant would not need to rely on § 1983 because he could pursue intentional tort claims against the offending officers — state or federal. See N.Y. Ct. Cl. Act § 8 (McKinney) (waiving sovereign immunity); Millbrook v. United States, — U.S.-, 133 S.Ct. 1441, 1446, 185 L.Ed.2d 531 (2013) (<HOLDING>). • I agree with the majority that “the claim Options: A. holding that the tucker acts waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law B. holding that waiver of sovereign immunity under federal tort claims act for intentional acts committed by federal law enforcement was not limited to investigative activities C. holding that claims not pursued within two years of their accrual fall outside of the federal tort claims acts limited waiver of sovereign immunity D. holding that the alien tort statute itself is not a waiver of sovereign immunity E. holding that waiver of federal tort claims act sovereign immunity is conditioned upon strict compliance with exhaustion requirement

assistant: The best answer is B. holding that waiver of sovereign immunity under federal tort claims act for intentional acts committed by federal law enforcement was not limited to investigative activities
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 Trustee is hereby authorized in accordance with the Indenture, without notice or demand and without affecting the liability of the Guarantor hereunder, at any time and from time to time to (a) renew, extend, accelerate or otherwise change the time for payment of, or other terms relating to, the Obligations or otherwise modify, amend or change the terms of the Notes or other agreement, document or instrument now or hereafter executed by the Issuer or any other guarantor and delivered to the Trustee; (b) accept partial payments on the Obligations; (c) take and hold security or collateral for the payment of the Obligations guaranteed hereby, or for the payment of this Guarantee, or for the payment of any other guaranties of the Obligations, and exchange, enforce, waive and release any such security or collateral; (d) apply such security or collateral and direct the order or manner of sale or other disposition thereof as in its discretion it may determine; (e) take any action under or in respect of the Transaction Documents in the exercise of any remedy, power or privilege contained therein or available to it at law, equity or otherwise, or waive or refrain from exercising any such remedies, powers or privileges and (f) settle, release, compromise, collect or otherwise liquidate the Obligations with respect to any security or collateral therefor in any manner, without affecting or impairing the obligations of the Guarantor hereunder. The time and manner of application of any payments or credits, whether received from the Issuer or any other source, shall be made by the Trustee in accordance with the Indenture. All such payments and credits may be applied, reversed and reapplied, in whole or in part, to any of the Obligations as the Trustee shall determine in its discretion without affecting the validity or enforceability of this Guarantee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) The relevant Borrower will pay a commission on all undrawn and unpaid Letters of Credit at a per annum rate equal to the Applicable Margin then in effect with respect to Eurocurrency Loans under the USD Revolving Credit Facility, shared ratably among the USD Revolving Credit Lenders and payable quarterly in arrears on each L/C Fee Payment Date after the issuance date. In addition, the relevant Borrower shall pay to the Issuing Lender for its own account a fronting fee of 0.125% per annum on the undrawn and unexpired amount of each Letter of Credit, payable quarterly in arrears on each L/C Fee Payment Date after the issuance 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: THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. SECTIONS 10.15 AND 10.16 OF THE CREDIT AGREEMENT ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AMENDMENT AND SHALL APPLY HERETO.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in a lawsuit without first seeking arbitration, constitutes an affirmative selection of a course of action which runs counter to the purpose of arbitration.” Beverly Hills Dev. Corp. v. George Wimpey of Florida, Inc., 661 So.2d 969 (Fla. 5th DCA 1995) citing Rosen v. Shearson Lehman Bros., 534 So.2d 1185 (Fla. 3d DCA 1988), rev. denied, 544 So.2d 200 (Fla.1989). Here, the Bank filed the complaint initiating the civil action even though the contract between the parties compelled arbitration of “[a]ll controversies, claims, and other matters in question,” except disputes related to entitlement to deposits. It did so without simultaneously moving to request a stay and an order compelling arbitration. See Frontage Road Partners, LLC v. McMullen, 934 So.2d 629 (Fla. 2d DCA 2006) (<HOLDING>); Bonner v. RCC Assoc., Inc., 679 So.2d 794 Options: A. holding that a party that engages in protracted litigation waives his right to arbitrate when an order compelling arbitration would result in prejudice to the party opposing arbitration B. holding that under orcp 3 lis pendens attaches upon the filing of a complaint because the action is pending C. holding plaintiff waived right to arbitration by not simultaneously requesting a stay and an order of arbitration at the time of the complaint D. holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate E. holding that a complaint which will not support a claim against the specific property at issue cannot provide a basis for tying it up by a filing of notice of lis pendens

assistant: The best answer is D. holding that action of filing a complaint and notice of lis pendens based on a contract without simultaneously requesting a stay and an order compelling arbitration waives that partys contractual right to arbitrate
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 addition , evernote may contract with third party resellers of the evernote plus , premium or business versions of the service and payment processors to enable payments in your local currency and payment systems .

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: No provision of this Article shall (a) affect (i) the enforcement of, or (ii) the personal liability of and recourse against any guarantor or indemnitor (including without limitation, Guarantor) and the assets of any such guarantor and indemnitor for all liabilities and obligations under the Guaranty, the Environmental Indemnity or any guaranty or similar agreement executed in connection with the Loan, (b) affect the enforcement of, or (ii) the personal liability of and recourse against Borrower under the Environmental Indemnity, (c) release or reduce the debt evidenced by the Note, (d) impair the lien and security interests of the Pledge Agreement, this Agreement or any other Loan Document, or (e) limit Lender’s ability to obtain a deficiency judgment or judgment on the Note or otherwise against any Borrower Party to the extent necessary to obtain any amount for which such Borrower Party is personally liable in accordance with this Article or any other Loan Document.

assistant: Miscellaneous