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: a speed in excess of twenty (20) miles per hour shall be coupled to the towing vehicle by means of a safety chain, chains, cables, or equivalent devices in addition to the regular trailer hitch or coupling. * * * No more slack shall be left in safety chains, cables, or equivalent devices than shall be necessary to permit proper turning and the safety chains, cables or equivalent device shall be so connected to the towed and towing vehicles and to the drawbar to prevent the drawbar from dropping to the ground if the drawbar fails and shall be of sufficient strength to control the trailer in event of failure of the regular trailer hitch or coupling. Violations of traffic laws and safety statutes may constitute negligence as a matter of law. See Nobles v. Unruh, 198 So.2d 245 (Miss.1967) (<HOLDING>); Vaughn v. Lewis, 236 Miss. 792, 112 So.2d 247 Options: A. holding statute requiring dealers to keep records of all motor vehicles acquired as junk is lawful B. holding that the state must prove criminal negligence for its homicide by vehicle statute even though the statute specifically states that any traffic violation is sufficient C. holding that a summons directed to the commissioner of motor vehicles was defective process as against a nonresident defendant in an action arising out of operation of a motor vehicle in this state D. holding that a violation of a statute governing the changing of traffic lanes by motor vehicles is negligence as a matter of law E. holding that a violation of a rightofway statute is negligence as a matter of law

assistant: The best answer is D. holding that a violation of a statute governing the changing of traffic lanes by motor vehicles is negligence as a matter of law
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: Employee acknowledges and agrees that any prior representations, promises, or agreements between Employee and the Company relating to the subject matter of this Agreement are hereby extinguished, that there are no oral or written representations, promises, or agreements between the parties other than those set forth in this Agreement, and that this constitutes the entire and only agreement on the subject matters covered in this Agreement. For the avoidance of doubt, this Agreement is not intended to extinguish any provisions of the Change in Control Severance Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence and during the continuance of any Event of Default, in addition to the rights and remedies available pursuant to Article VI hereof and under the other Loan Documents, (i) the Administrative Agent may exercise in respect of the L/C Account Collateral all the rights and remedies of a secured party upon default under the UCC (whether or not the UCC applies to the affected L/C Account Collateral), and (ii) the Administrative Agent may, without notice to the Borrower, except as required by law and at any time or from time to time, charge, set ‑off and otherwise apply all or any part of the Obligations of the Borrower under the Loan Documents against any funds held with respect to the L/C Account Collateral or in any other deposit account.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (i) Each Loan shall bear interest on the principal amount thereof from the applicable Borrowing Date or date of conversion or continuation pursuant to Section 2.3, as the case may be, at a rate per annum equal to (A) in the case of LIBO Rate Loans, the LIBO Rate plus the Applicable Margin and (B) in the case of Base Rate Loans, the Alternate Base Rate plus the Applicable Margin.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Borrowers or the Administrative Agent, sell participations to any Person (other than a natural Person, or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person, or the Guarantor or any of the Guarantor’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Revolving Credit Commitment and/or the Loans owing to it); provided that (i) such Lender’s obligations under this Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, and (iii) the Borrowers, the Administrative Agent and Lenders shall continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 8.7 with respect to any payments made by such Lender to its Participant(s).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Howard, 311 Ga. App. 217, 221 (1) (715 SE2d 704) (2011) (punctuation andemphasis omitted); accord Carrier Corp. v. Rollins, Inc., 316 Ga.App. 630, 635 (2) (730 SE2d 103) (2012). 5 Evans v. Dep’t of Transp., 331 Ga. App. 313, 321 (3) (771 SE2d 20) (2015) (punctuation omitted). 6 Boston Men’s Health Ctr., 311 Ga. App. at 221 (1) (punctuation omitted). 7 (Emphasis supplied.) 8 247 Ga. App. 763 (544 SE2d 747) (2001). 9 See id. at 763. 10 See id. 11 See id. 12 Id. at 764-65. 13 253 Ga. 150 (317 SE2d 542) (1984). 14 See McDonald, 247 Ga. App. at 765 (1) (a). 15 Id. at 765-66 (1) (a) (punctuation omitted) (quoting Whitehead, 253 Ga. at 151-52 (1)). 16 Id. at 766 (1) (a). 17 Id. 18 See Whitehead, 253 Ga. at 151-52 (1). 19 See Lewis v. Van Anda, 282 Ga. 763, 767-68 (5) (653 SE2d 708) (2007) (<HOLDING>); Second Cont’l, Inc. v. Atlanta E-Z Builders, Options: A. holding appellate courts must consider the trial courts jury charge as a whole B. holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge C. holding that although appellant filed a proposed jury charge appellant did not preserve error because trial court did not endorse proposed charge and appellant did not call trial courts attention to the portions of the proposed charge that were complained about on appeal D. holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury E. holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error

assistant: The best answer is E. holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error
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: unless otherwise expressly required by applicable law , each party shall bear its own attorneys ' fees without regard to which party is deemed the prevailing party in the arbitration proceeding .

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: Except as otherwise agreed in writing between the parties hereto, Manager shall maintain (subject to reimbursement as an expense of the Properties) all risk casualty insurance, and public liability insurance for the Properties with a broad form comprehensive general liability endorsement, in such amounts as Manager may deem appropriate. Any and all other insurance maintained for the Properties shall be the sole responsibility of Company. Each party shall provide the other with copies of all insurance policies maintained by such party with respect to the Properties.

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: The Borrower will give notice to the Agent within ten (10) Business Days after the Borrower, any Guarantor or any ERISA Affiliate (i) gives or is required to give notice to the PBGC of any “reportable event” (as defined in §4043 of ERISA) with respect to any Guaranteed Pension Plan, Multiemployer Plan or Employee Benefit Plan, or knows that the plan administrator of any such plan has given or is required to give notice of any such reportable event; (ii) gives a copy of any notice of complete or partial withdrawal liability under Title IV of ERISA; or (iii) receives any notice from the PBGC under Title IV or ERISA of an intent to terminate or appoint a trustee to administer any such plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Commercial Union Ins. Co. of Am., 759 F.2d 826, 828 erm “caused” is ambiguous. Georgia law requires courts to construe ambiguous terms in insurance against the insurer. ALEA London Ltd. v. Woodcock, 286 Ga.App. 572, 649 S.E.2d 740, 745 (2007). Courts must likewise construe exclusions from coverage against the insurer. Id. Facing unsettled legal territory and mindful of Georgia principles of insurance contract interpretation, the Court concludes that the ambiguous causation standard must be strictly construed against Cincinnati. Exclusion H does not exclude coverage based on ordinary employee negligence. It excludes coverage only if an employee acts with knowledge of or intent to further a forgery, or intentionally disregards relevant bank policies. See Empire Bank, 27 F.3d at 335 (<HOLDING>); cf. Citibank Tex., N.A. v. Progressive Cas. Options: A. holding an employee caused a banks loss under exclusion h where he instructed his subordinates to ignore bank procedures B. holding that an employee who fails to provide medical documentation requested by the board is responsible for initiating a subsequent suspension without pay C. holding a bank liable where a bank officer held checks that were intended to pay the irs for withheld taxes D. holding loss was caused by an employee who ignored bank policies by instructing subordinates to cash corporate checks without proper documentation E. holding that the effects of injury caused by discriminatory employment policies first manifested when the policies were implemented

assistant: The best answer is D. holding loss was caused by an employee who ignored bank policies by instructing subordinates to cash corporate checks without proper documentation
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 abused its discretion by imposing sanctions because (1) the case involved an issue of first impression under Florida law regarding whether a trust beneficiary could sue a court appointed trustee, and Rule 11 sanctions are not appropriate to punish an attorney for advancing a legal theory on a question of first impression, (2) the district court failed to resolve all doubts in O’Shaughnessy’s favor, and (3) O’Shaughnessy conducted a reasonable investigation under the circumstances. After a thorough review of the record and consideration of the parties’ briefs, we affirm. The district court did not abuse its substantial discretion in imposing Rule 11 sanctions against O’Shaughnessy. See Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 407, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990) (<HOLDING>). Sanctions are warranted when a party files a Options: A. recognizing district courts wide range of discretion in setting amount of rule 11 sanctions B. holding that a rule 11 sanctions award need only be appropriate thereby according broad discretion to the trial court C. holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions D. holding under third circuit law that denial of rule 11 sanctions is reviewed for abuse of discretion E. holding that a district court had jurisdiction to impose rule 11 sanctions regardless of the existence of subjectmatter jurisdiction

assistant: The best answer is C. holding that courts of appeals should review all aspects of the district courts rule 11 determination for abuse of discretion and noting that the district court has broad discretion to impose rule 11 sanctions
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: During the Employment Term, the Company shall pay Executive an annual base salary of $750,000 per annum in cash (the “ Annual Base Salary ”). Executive’s Annual Base Salary will be subject to annual review by the Board. The Annual Base Salary due to Executive hereunder shall be paid in accordance with the general Company payroll practices.

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: in bankruptcy. As of November 23, 2005, the Debtor owed the Creditor approximately $114,040. A debtor cannot claim an exemption against amounts owed on a secured debt that represents a voluntary encumbrance of property; consequently, the Debtor is not entitled to any exemption in the $114,040 owed to the Creditor. Because the Debtor’s principal residence was sold for $130,000, the Debtor’s entitlement to an exemption based on the transfer sought to be avoided was only $15,960. Assuming that all four of the requirements are met, a debtor has the right to avoid the transfer of his property to the extent that he could have exempted such property. See Compton v. Compton (In re Compton), No. 97-31367DWS, 1998 WL 372659, **4-5, 1998 Bankr.LEXIS 744, *13-14 (Bankr.E.D.Pa. June 22, 1998) (<HOLDING>); Davis v. Victor Warren Properties, Inc. (In Options: A. holding that a state tax lien was not judicial lien arising from judgment such that it could be avoided in bankruptcy by a chapter 13 debtor B. holding that chapter 20 debtor could not avoid lien because of ineligibility for discharge C. holding state courts authority under iowa code section 59821 not the lien created there under prevented debtor from claiming the iowa homestead exemption and therefore the debtor could not avoid the lien because the lien did not impair an exemption to which the debtor would have been entitled but for the lien D. holding that a chapter 13 debtor had standing to avoid a judgment lien to the extent of her exemption amount but not the entire judgment lien E. holding that the debtor had standing to avoid a foreclosure sale under 522 but only to the extent of her 5000 exemption

assistant: The best answer is D. holding that a chapter 13 debtor had standing to avoid a judgment lien to the extent of her exemption amount but not the entire judgment lien
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 representations and warranties of the Company hereunder and under the other Transaction Documents shall survive the execution and delivery hereof and the Final Closing hereunder for a period of three (3) years following the Final Closing Date.

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 case excerpt and choose the best holding from the options. Case excerpt: convicted of “using” a firearm during a drug crime or violent crime found themselves innocent when the Supreme Court subsequently defined “use” in a restrictive manner in Bailey v. United States, 516 U.S. 137, 116 S.Ct. 501, 133 L.Ed.2d 472 (1995). See 18 U.S.C. § 924(c)(1). These prisoners, who could not establish their innocence before Bailey, were barred from § 2255 relief after Bailey because successive § 2255 petitions are limited to newly discovered evidence or a new and retroactive rule of constitutional law. See 28 U.S.C. § 2255; In re Davenport, 147 F.3d 605 (7th Cir.1998); Triestman v. United States, 124 F.3d 361 (2d Cir.1997); In re Dorsainvil, 119 F.3d 245 (3d Cir.1997); see also Bousley v. United States, 523 U.S. 614, 623-24, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998) (<HOLDING>). Without determining the exact scope of the Options: A. holding habeas review was available to federal prisoner claiming actual innocence who was barred from bringing a successive 2255 motion because the denial of collateral review would raise sufficiently serious constitutional questions under the eighth amendment and the due process clause B. holding that a showing of cause and prejudice fails to overcome a defendants initial failure to object C. holding that claims not asserted on direct appeal may not be raised in 2255 motion absent showing of cause for and actual prejudice resulting from failure to raise them D. holding that defendant could not raise in a 2255 motion an issue previously decided on direct criminal appeal E. holding in a 2255 case that the failure to raise a bailey claim on direct review can be overcome by a showing of actual innocence

assistant: The best answer is E. holding in a 2255 case that the failure to raise a bailey claim on direct review can be overcome by a showing of actual innocence
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: Reseller shall pay Operator a percentage of monthly Billed Revenue as further defined in Exhibit C (“ Payments ”). Payments are due within thirty (30) days of the end of the calendar month in which Application Customers and System Customers are billed by Reseller.

assistant: Payments
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: having a physical facility in Illinois, registering to do business in the state, and maintaining a registered agent for service of process in the state—as such contacts were insufficient under Daimler); Sullivan v. Sony Music Entm’t, No. 14 CV 731, 2014 WL 5473142, at *3 (N.D.Ill. Oct. 29, 2014) (foreign corporation was not “at home” in Illinois even though it was registered to do business there, maintained a registered agent for service of process, and operated a distribution facility in the state, because such contacts fell short of what was required by Daimler). Indeed, even under Illinois law, the appointment of a registered agent is not determinative in the personal jurisdiction analysis. Alderson v. Southern Co., 321 Ill.App.3d 832, 254 Ill.Dec. 514, 747 N.E.2d 926, 944 (2001) (<HOLDING>). This interpretation is notable because, as Options: A. holding there was no personal jurisdiction over nonresident guarantor of equipment lease although payments were made to illinois bank the guaranty was accepted in illinois and it provided that it would be gov erned by illinois law B. holding that court did not have personal jurisdiction pursuant to 2209a2 over a defendant who was not transacting business in illinois within the meaning of 2209al because the plaintiff was a nonillinois corporation and the tort thus occurred outside of illinois C. holding that substantial revenue earned from extensive advertising in illinois does not submit a foreign corporation to jurisdiction of state courts under the doing business test D. holding that foreign corporation was not doing business in illinois and thus personal jurisdiction was lacking even though corporation had some contact with the state and maintained a registered agent here because tjhere is nothing in the illinois code of civil procedure that supports asserting in personam jurisdiction over a corporate defendant simply because the plaintiff served summons upon the defendants illinois registered agent E. holding that illinois wage law did not apply to nonresident employee who worked outside the state even though eim ployers primary place of business was in illinois

assistant: The best answer is D. holding that foreign corporation was not doing business in illinois and thus personal jurisdiction was lacking even though corporation had some contact with the state and maintained a registered agent here because tjhere is nothing in the illinois code of civil procedure that supports asserting in personam jurisdiction over a corporate defendant simply because the plaintiff served summons upon the defendants illinois registered agent
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: must show that the working environment was objectively hostile or abusive, and also that the plaintiff subjectively perceived it as hostile or abusive. Harris, 510 U.S. at 22, 114 S.Ct. 367. In determining whether such an environment is hostile or abusive, the court must consider the frequency of the discriminatory conduct; its severity; whether it was physically threatening, humiliating, or just a mere offensive utterance; and whether it unreasonably interfered with the employee’s work performance. Id. 510 U.S. at 23, 114 S.Ct. 367. We hold that the actions Kwiatek alleg (7th Cir.1997) (“a poor evaluation alone, even if undeserved, is not an adverse action for purposes of Title VII”); Henriquez v. Times Herald Record, No. 97 CIV. 6176(SHS), 1997 WL 732444 at *6 (S.D.N.Y. Nov.25, 1997) (<HOLDING>), affirmed, 165 F.3d 14 (2d Cir.1998); Khan v. Options: A. holding that counseling sessions and written criticisms of employees work performance did not fall within the types of materially adverse employment actions B. holding that investigatory sessions counseling threats of termination hostile behavior during meeting being made to come to work on day off under false pretenses and being switched to night shift were not materially adverse actions for retaliation claim C. holding that a negative criticism or performance evaluation unaccompanied by a materially adverse change in the terms or conditions of employment does not constitute adverse employment action D. holding that two counseling statements similar to negative performance evaluations do not rise to level of materially adverse employment action required under title vii E. holding that assignment of unfavorable class schedules did not constitute an adverse employment action absent evidence of materially adverse consequences

assistant: The best answer is A. holding that counseling sessions and written criticisms of employees work performance did not fall within the types of materially adverse employment actions
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 be governed by and construed in accordance with the laws of the State of Delaware without giving effect to principles of conflicts of laws. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of Delaware or the Federal Courts located therein, and the parties agree not to contest the jurisdiction of such courts. The parties hereby waive their respective rights to a trial by jury.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event any one or more of the provisions contained in this Agreement should be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby.

assistant: Severability
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: For purposes of any claims or proceedings to enforce this agreement, the Corporation consents to the jurisdiction and venue of any federal or state court of competent jurisdiction in the state of California, and waives and agrees not to raise any defense that any such court is an inconvenient forum or any similar claim.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: on account of procedural deficiencies. 2. Substantive Sufficiency of Count I In the seminal West case, the Supreme Court of Florida adopted strict liability for manufacturers and sellers whose products reach a consumer in an unreasonably dangerous condition and thereafter cause injury. West, 336 So.2d at 86-87. “In order to hold a manufacturer liable on the theory of strict liability in tort, the user must establish the manufacturer’s relationship to the product in question, the defect and unreasonably dangerous condition of the product, and the existence of the proximate causal connection between such condition and the user’s injuries or damages.” Id. at 87; see also Clark, 395 So.2d at 1229; see also Cintron v. Osmose Wood Preserving, Inc., 681 So.2d 859, 861 (Fla. 5th DCA 1996) (<HOLDING>). In other words, there are three elements to a Options: A. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury B. holding that an action for breach of implied warranty of merchantability under the uniform commercial code is a product liability action within the meaning of the products liability act if as here the action is for injury to person or property resulting from a sale of a product C. recognizing strict product liability actions D. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury E. holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control

assistant: The best answer is A. holding that a cause of action on the theory of strict liability may be properly pled by alleging 1 the manufacturers relationship to the product in question 2 the unreasonably dangerous condition of the product and 3 the existence of a proximate causal connection between the condition of the product and the plaintiffs injury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: From and following the Closing Date, except as expressly set forth in this Agreement, Loans and the other Obligations shall bear interest at the sum of the LIBOR Rate plus the Applicable Margin. Interest on the Loans shall be paid in arrears on the first (1st) day of each month and on the maturity of such Loans, whether by acceleration or otherwise. Interest on all other Obligations shall be payable upon demand.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the covenants, warranties and representations contained in this Section 6.2 are false or breached, Lessee agrees to defend, indemnify, protect and hold harmless Lessor against any and all Claims (hereinafter defined), that Lessor may be liable for, suffer, incur, or pay by reason of the false or breached covenants, warranties and representations. LESSEE ALSO AGREES TO DEFEND, INDEMNIFY, PROTECT AND HOLD HARMLESS LESSOR AGAINST ANY AND ALL CLAIMS WHICH LESSOR MAY HEREAFTER BE LIABLE FOR, SUFFER, INCUR OR PAY ARISING UNDER ANY APPLICABLE LAW AND RESULTING FROM OR ARISING OUT OF ANY ACT, ACTIVITY, OR VIOLATION OF ANY APPLICABLE LAWS ON THE PART OF LESSEE, ITS AGENTS, EMPLOYEES, OR ASSIGNS, AND AGAINST ANY AND ALL CLAIMS WHICH LESSOR MAY HEREAFTER BE LIABLE FOR, SUFFER, INCUR OR PAY RESULTING FROM OR ARISING OUT OF ANY HANDLING, STORAGE, TREATMENT, TRANSPORTATION, DISPOSAL, RELEASE OR THREAT OF RELEASE OF HAZARDOUS WASTE OR HAZARDOUS SUBSTANCES FROM, ON OR WITHIN THE PREMISES. The liability of Lessee pursuant to this Section 6.2 shall survive the expiration or earlier termination of this Lease.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: recommendations respecting plan administration is not indicative of fiduciary status. Toomey, 855 F.Supp. at 24; 29 C.F.R. § 2509.75-8(D-2). The Court concludes, therefore, that John Hancock’s performance of plan design services lacks the discretionary authority in the administration of an employee benefit plan necessary to qualify it as a fiduciary under ERISA. Turning to an analysis of the other services John Hancock provides to the Plan, the Court recognizes that urging the purchase of an insurance company’s plan services does not make that company a fiduciary with respect to those services. American Fed’n of Unions v. Equitable Life Assurance Soc’y, 841 F.2d 658, 664 (5th Cir.1988); see also Consolidated Beef Indus. v. New York Life Ins. Co., 949 F.2d 960, 964-65 (8th Cir.1991) (<HOLDING>), cert. denied, 503 U.S. 985, 112 S.Ct. 1670, Options: A. holding that when employers serve as plan administrators they assume the role of fiduciary under erisa B. holding that plan trustees do not breach their fiduciary duty by failing to reverse a companys decision to amend an erisa plan C. holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan D. holding that salesman of companys financial products not fiduciary to erisa plan E. holding that because an erisa plan is not a participant beneficiary or fiduciary subject matter jurisdiction did not exist under 502e of erisa over a suit brought by such a plan

assistant: The best answer is D. holding that salesman of companys financial products not fiduciary to erisa plan
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrower will, and will cause each of its Restricted Subsidiaries to, comply with all laws, rules, regulations and orders of any Governmental Authority applicable to it or its property, including ERISA and any Environmental Laws, except where the failure to do so, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect. GEO will maintain in effect and enforce policies and procedures designed to ensure compliance by GEO and its Subsidiaries and their respective directors, officers, employees and agents with Anti-Corruption Laws, applicable AML Laws and applicable Sanctions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the execution, delivery, or performance of this Agreement, and the consummation of the transactions contemplated hereby, conflicts or will conflict with, or (with or without notice or lapse of time, or both) result in a termination, breach or violation of (i) any instrument, contract or agreement to which the Company is a party or by which it is bound; or (ii) any federal, state, local or foreign law, ordinance, judgment, decree, order, statute, or regulation, or that of any other governmental body or authority, applicable to the Company.

assistant: No Conflicts
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: statutes applied to convicted defendants in Fuller and Haines is absent here. See Haines, 360 N.W.2d at 797 (“It is this ‘reasonably able to pay1 standard which allows section 910.2 to withstand constitutional attack.”). We conclude chapter 815.9, as applied to acquitted defendants, infringes on their federal and state right to counsel. See Olson v. James, 603 F.2d 150, 155 (10th Cir.1979) (stating court may not constitutionally order a defendant to repay court-appointed attorney fees “unless he is able to pay them or will be able to pay them in the future considering his financial resources” and concluding statute that made repayment mandatory without regard to ability to pay had chilling effect on defendant’s right to counsel); Fitch v. Belshaw, 581 F.Supp. 273, 277 (D.Or.1984) (<HOLDING>); State v. Tennin, 674 N.W.2d 403, 410-11 Options: A. holding that a criminal defendant has a sixth amendment right to counsel at trial B. holding that the sixth amendment right to counsel embodies the right to effective assistance of counsel C. holding that the fourteenth amendment incorporated the sixth amendment right to counsel D. recognizing that the sixth amendment guarantees a defendant the right to counsel and the right to waive counsel E. holding statute that imposed repayment obligation without any procedure to determine defendants ability to pay unconstitutionally chills an indigent defendants exercise of sixth amendment right to counsel

assistant: The best answer is E. holding statute that imposed repayment obligation without any procedure to determine defendants ability to pay unconstitutionally chills an indigent defendants exercise of sixth amendment right to counsel
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: .... warrants [the equipment], for a period of six months, from the date of delivery .... ” See Carruthers Out-of-Pocket Expense Aff., Ex. D (“Electric Mobility Limited Warranty”)(emphasis added). The plain language of the Limited Warranty thus implies that the date of the delivery of each Electric Mobility scooter and wheelchair, and not the date of the potentiometer installation, triggers the beginning of the warranty period. Quite plainly, the Defendants’ moving papers themselves demonstrate the existence of a genuine issue of material fact. The interpretation of the Limited Warranty is a material fact since it is relevant as one factor in determining which damages were reasonably foreseeable to the Defendants. See e.g., Donovan v. Bachstadt, 91 N.J. 434, 444, 453 A.2d 160 (1982)(<HOLDING>). The Defendants’ analysis conflicts with the Options: A. holding that economic loss rule barred claim for breach of fiduciary duty where plaintiffs claim arose solely as a result of the existence of a contract between the parties B. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract C. holding immaterial breach did not constitute breach of contract D. holding that jurys verdict for the defendant in a breach of contract action did not establish the absence of breach because the jury was instructed that it could find for the defendant if it concluded that the defendant had not breached the contract or if the defendant proved an affirmative defense E. holding that a defendant is not chargeable for loss that he did not have reason to foresee as a probable result of the breach when the contract was made

assistant: The best answer is E. holding that a defendant is not chargeable for loss that he did not have reason to foresee as a probable result of the breach when the contract was made
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: may not retaliate against inmates for filing grievances. Regardless of whether Booker’s right was obvious or “manifestly apparent” from broader principles in the decisional law, we find that it was clearly established based on a robust “consensus of persuasive authority.” The Second, Sixth, Seventh, Eighth, Ninth, Eleventh, and D.C. Circuits have all recognized in published decisions that inmates possess a right, grounded in the First Amendment’s Petition Clause, to be free from retaliation in response to filing a prison grievance. T r. 2006) (“First Amendment rights to free speech and to petition the government for a redress of grievances are violated when a prisoner is punished for filing a grievance.... ”); Toolasprashad v. Bureau of Prisons, 286 F.3d 576, 584-85 (D.C. Cir. 2002) (<HOLDING>). Even more, the Third, Fifth, and Tenth Options: A. holding that an inmate has a first amendment right to file grievances against prison officials B. recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances C. holding no first amendment right to file frivolous grievances D. holding that administrative remedies are unavailable if prison officials fail to respond to prisoners grievances E. recognizing first amendment petition right where inmate alleged retaliation for filing grievances

assistant: The best answer is B. recognizing that prisoners undoubtedly exercise first amendment petition right when filing grievances and stating that prison officials may not retaliate against prisoners for filing grievances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall use the net proceeds from the sale of the Shares for general corporate purposes, including general and administrative expenses, and for the repayment of any outstanding Indebtedness of the Company or any of its subsidiaries.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Plan was adopted on February 15, 2017 by the Board, subject to the approval by the stockholders of the Company at the 2017 Annual Meeting of Stockholders on May 10, 2017 (the date following such approval being the “ Effective Date ”). The Plan will only be effective if it is approved by the stockholders of the Company at the 2017 Annual Meeting. Any Awards granted under the Plan prior to such stockholder approval shall be conditioned upon such approval and shall be null and void if such approval is not obtained; provided, however, that Options and Stock Appreciation Rights granted under the Plan prior to such stockholder approval may not be exercisable until after such stockholder approval and no shares of Common Stock may be delivered pursuant to a Restricted Stock Unit granted under the Plan prior to such stockholder approval until after such stockholder approval; provided further that Restricted Stock and other stock-based or stock-related Awards may not be granted prior to obtaining stockholder approval. If the Plan is not so approved by the stockholders of the Company, then the Plan will be null and void in its entirety.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you may be required to provide additional information , like your mailing address and a telephone number ( other than a voip or toll-free number ) , and you may also be asked to enter a fraud-prevention code or sign additional legal documents to redeem points for rewards .

assistant: None
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by and construed in accordance with the laws of the State of California. This Agreement may be executed in counterparts, each of which may be deemed to be an original and all of which shall constitute the Agreement; provided, however, that the Agreement shall not become effective until completely conforming counterparts have been signed and delivered by each of the parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: district court to comply with its obligation ... is that it give enough reasoning to allow the reviewing court to evaluate its decision.” United States v. Chatmon, 324 F.3d 889, 893 (7th Cir.2003). This case bears similarity to the facts we examined in Chatmon. 324 F.3d at 889. In that case the defendant appealed the district court’s finding regarding the quantity of crack he possessed. In affirming the district court’s finding we stated, “the district court’s explanation, after hearing extended argument from the parties, that it ‘relied on the trial testimony in this matter for ... determination of drug 'quantity1 is adequate to allow for appellate review, and so we need not remand for further findings.” Id. at 893; see also United States v. Brumfield, 301 F.3d 724, 735 (7th Cir.2002) (<HOLDING>). As in Chatmon, here the district court Options: A. holding that a district courts sentence that simply adopted the findings of the presentence report as to controverted factual matters violated rule 32 B. holding district courts adoption of the presentence report constitutes sufficient findings C. holding that express adoption of factual findings in presentence report is sufficient D. holding that if the government fails to object to the presentence report the district courts reliance on the report is reviewed for plain error E. holding that the information contained in a presentence report is reliable because it is based upon the presentence officers research of the records contact with relevant agencies and the gathering of information which is required to be included in a presentence report

assistant: The best answer is B. holding district courts adoption of the presentence report constitutes sufficient findings
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of this Agreement by the Company and the consummation by the Company of the transactions contemplated hereby do not and will not: (i) conflict with or violate any provision of the Company’s certificate or articles of incorporation, bylaws or other organizational or charter documents, or (ii) following full execution and delivery of the Consents and Waivers, which have been executed and delivered prior to the execution and delivery of this Agreement and are in substantially the form previously provided to the Holder, conflict with, or constitute a default (or an event that with notice or lapse of time or both would become a default) under, result in the creation of any lien upon any of the properties or assets of the Company, or give to others any rights of termination, amendment, acceleration or cancellation (with or without notice, lapse of time or both) of, any material agreement, credit facility, debt or other material instrument (evidencing Company debt or otherwise) or other material understanding to which the Company is a party or by which any property or asset of the Company is bound or affected, or (iii) conflict with or result in a violation of any law, rule, regulation, order, judgment, injunction, decree or other restriction of any court or governmental authority to which the Company is subject (including federal and state securities laws and regulations), or by which any property or asset of the Company is bound or affected.

assistant: No Conflicts