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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each covenant by Associate contained herein shall be independent and severable from the others, and in the event that any provision of this Agreement should be 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 thereby. The presence of a claim or cause of action by Associate against Alliance Data shall not constitute a defense to the enforcement of Associate’s obligations under this Agreement. Should any provision of this Agreement be held invalid, illegal or unenforceable in any respect, the parties agree to negotiate in good faith a valid, legal and enforceable provision effectuating the original intent of the parties.

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: The closing of the Exchange shall occur on the date hereof or such later date as is mutually agreed by the Company and the Purchasers and on which all of the conditions set forth in Section 6 have been satisfied (the “ Closing Date ”) and will take place at the offices of Kirkland & Ellis LLP, 601 Lexington Avenue, New York, NY 10022 or remotely via the exchange of documents and signatures (the “ Closing ”).

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: Read the legal provision and list the applicable contract clause categories. Provision: If the Term A Loans are increased in accordance with this Section, the Administrative Agent shall promptly notify the Borrower and the Lenders of the amount and effective date (the “ Term Increase Effective Date ”) of such increase. As of the Term Increase Effective Date, this Agreement shall be amended to (i) reflect the incremental Term A Loans being made on the Term Increase Effective Date and the joinder to this Agreement of any Eligible Assignees making any such incremental Term A Loans and (ii) increase each then-remaining unpaid installment of principal of the Term A Loans payable pursuant to Section 2.04(a) prior to the Maturity Date by an amount such that (A) the increase for each such installment equals the product of (x) the percentage of the initial principal amount of the existing Term A Loans payable on each such installment date multiplied by (y) the aggregate amount of such incremental Term A Loans and (B) the aggregate principal payments payable pursuant to Section 2.04(a) (including the proviso thereto) are increased by the aggregate amount of the incremental Term A Loans being made on the Term Increase Effective Date. Such amendment shall be executed and delivered by the Administrative Agent, the Loan Parties and each Lender and Eligible Assignee making any such incremental Term A Loan without the consent of any other party. Such amendment shall be in form and substance reasonably satisfactory to the Administrative Agent. On the Term Increase Effective Date, each incremental Term A Loan made on such date shall be deemed a Term A Loan for all purposes hereof (including without limitation for purposes of the payment and amortization requirements of Section 2.04(a) ) and the holder thereof shall be deemed a Term A Lender for all purposes hereof.

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: [Except for injunctive relief as set forth herein,] 3 the parties agree that any dispute between the parties regarding this Agreement shall be submitted to binding arbitration in Orlando, Florida pursuant to the Darden dispute resolution program.

assistant: Arbitration
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: statement during closing argument regarding his personal opinion of the defendant’s guilt was improper, but not reversible error). Where it appears that no other verdict could have been properly rendered, prosecutorial misconduct is not reversible error. Hillen v. People, 59 Colo. 280, 284, 149 P. 250, 252 (1915). In light of the overwhelming evidence presented at trial against the defendant, we conclude that the prosecutor’s improper remark during closing argument was harmless beyond a reasonable doubt. Id. at 985 (emphasis added); see also Harris, 888 P.2d at 268 (stating that “the sufficiency of the evidence presented at trial will be considered on appeal when evaluating claims of prosecutorial misconduct”); Grandbouche v. People, 104 Colo. 175, 185, 89 P.2d 577, 581 (1939) (<HOLDING>); Miller v. People, 70 Colo. 313, 317, 201 P. Options: A. holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment B. holding the rule that the singular includes the plural obviously is not one to be applied except where it is necessary to carry out the evident intent of the statute C. holding that 1 usc 1 does not apply except where it is necessary to carry out the evident intent of the statute D. holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked E. holding that the prosecution must disclose evidence favorable to the accused that is material either to guilt or to punishment

assistant: The best answer is D. holding that the rule is that where the guilt of an accused is evident incidental improper action upon the part of the prosecuting officer may be overlooked
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: his jurisdiction when he reduced the officer’s suspension to a period of time not authorized by the Act and ordered back pay during the time the officer was suspended contrary to the Act. Kelley, 309 S.W.3d at 546-50 (also holding hearing examiner exceeded his jurisdiction by demoting the officer below his prior rank, which was outside the remedies available to the hearing examiner under the Act). The intermediate courts of appeals that have addressed allegations that a hearing examiner exceeded his jurisdiction have required the city to establish that the examiner acted outside the scope of the Act or violated a specific requirement of the Act. See, e.g., City of Beaumont v. Mathews, No. 09-10-00198-CV, 2011 WL 3847338, at *2 (Tex.App.-Beaumont Aug. 31, 2011, no pet.) (mem. op.) (<HOLDING>); Miller v. City of Houston, 309 S.W.3d 681, Options: A. holding no evidentiary hearing was required where the affidavits of the defendant and his wife were directly contradicted by the defendants sworn testimony during the plea hearing B. holding hearing examiner acted contrary to the act thereby exceeding his jurisdiction by reinstating firefighter without an evidentiary hearing where notice given to firefighter did state the charged acts C. holding that district court acted within its discretion in deciding nonfrivolous 2255 motion without an evidentiary hearing D. holding that this court had jurisdiction over an appeal from a trial court order which remanded the case so that a new hearing examiner could be appointed and a new hearing conducted where the appellant raised the issue of commingling of prosecutorial and adjudicative functions during the original hearing E. holding law requires court to consider full record of any evidentiary hearing even if hearing held by different judge

assistant: The best answer is B. holding hearing examiner acted contrary to the act thereby exceeding his jurisdiction by reinstating firefighter without an evidentiary hearing where notice given to firefighter did state the charged acts
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: between the two concepts. See, e.g., Joo v. Japan, 413 F.3d 45, 48 (2005) (“[W]e need not resolve the question of the district court’s subject-matter jurisdiction ... before considering whether the complaint presents a nonjusticiable political question”); Public Citizen v. U.S. Dist. Court, 486 F.3d 1342, 1347 (2007) (noting “a federal court may, in appropriate circumstances, dismiss a case on prudential grounds prior to establishing its jurisdiction” and applying the enrolled bill rule); In re Papandreou, 139 F.3d 247, 255 (D.C.Cir.1998) (“[Although subject-matter jurisdiction is special for many purposes ... a court [may instead] dismiss[ ] on other non-merits grounds such as forum non conveniens”); see also Tenet v. Doe, 544 U.S. 1, 6 n. 4, 125 S.Ct. 1230, 161 L.Ed.2d 82 (2005) (<HOLDING>) (internal citation omitted). That the court Options: A. recognizing doctrine B. holding the totten rule requiring dismissal on the ground of public policy like the abstention doctrine or the prudential standing doctrine represents the sort of threshold question we have recognized may be resolved before addressing jurisdiction C. holding that jurisdiction must be resolved before applying the act of state doctrine because that doctrine is a substantive rule of law D. recognizing public policy exception to atwill doctrine E. holding that the law of the case doctrine is not a fixed rule that prevents a federal court from determining the question of its own subject matter jurisdiction in a given case

assistant: The best answer is B. holding the totten rule requiring dismissal on the ground of public policy like the abstention doctrine or the prudential standing doctrine represents the sort of threshold question we have recognized may be resolved before addressing jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of limitations and granted the defendants’ motions for summary judgment. See Bi-beau, 980 F.Supp. at 358. II Bibeau claims he was the victim of a conspiracy to fraudulently induce him to participate in the experiments, and that he was lied to about the possible side effects of the radiation and about the nature and purpose of the experiments. He also brings related state-law claims for fraud, battery, breach of fiduciary duty, strict liability for ultrahazardous activity and intentional infliction of emotional distress. These claims have their roots in the events of over three decades ago, and the parties agree that the statute of limitations applicable to both the federal and the state claims is two years. See Wilson v. Garcia, 471 U.S. 261, 276, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985) (<HOLDING>); Or.Rev.Stat. § 12.110 (1997). The question Options: A. holding that the statute of limitations for 1983 claims is the most closely analogous state limitations period for general personal injury claims B. holding that the appropriate state statute of limitations to borrow for section 1983 actions is that for recovery of damages for personal injuries C. holding that even though constitutional claims alleged under 1983 encompass numerous and diverse topics and subtopics the state statute of limitations governing tort actions for the recovery of damages for personal injuries provides the appropriate limitation period D. holding that if state law provides multiple statutes of limitations for personal injury actions the general or residual statute for personal injury actions should be used for 1983 actions E. holding that federal courts apply the forum states personal injury statute of limitations for section 1983 claims

assistant: The best answer is B. holding that the appropriate state statute of limitations to borrow for section 1983 actions is that for recovery of damages for personal injuries
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: are the prices charged by suppliers like the BPA and the WAPA to the consumers like PG&E, through the CalPX and ISO. The Memphis clause binds the price charged to FERC determinations; the tariff binds the parties to use the CalPX and ISO for sale/purchase of energy; the parties, conducting sales through the CalPX and ISO to purchase/supply energy amongst themselves, are bound to each other through their market transactions, the rules of the tariff, and the FERC regulations. “When a contract provides that its terms are subject to a regulatory body, all parties to that contract are bound by the actions of the regulatory body.” Alliant Energy v. Neb. Pub. Power Dist., 347 F.3d 1046, 1050 (8th Cir. 2003). See Inter-City Gas Corp. v. Boise Cascade Corp., 845 F.2d 184, 187 (8th Cir. 1988) (<HOLDING>). The sellers and buyers of power achieved Options: A. recognizing that subject matter jurisdiction can be questioned at any time and with respect to any claim B. holding issues related to subject matter jurisdiction may be raised at any time C. holding that unlike subject matter jurisdiction personal jurisdiction may be waived D. holding that parties to a contract which provided that its rates may be approved ordered or set by any valid law order rule or regulation of any regulatory authority having jurisdiction were bound by a ferc rate determination even though they were not directly subject to fercs jurisdiction E. holding that a federal court may refuse to exercise continuing jurisdiction even though the parties have agreed to it parties cannot confer jurisdiction by stipulation or consent

assistant: The best answer is D. holding that parties to a contract which provided that its rates may be approved ordered or set by any valid law order rule or regulation of any regulatory authority having jurisdiction were bound by a ferc rate determination even though they were not directly subject to fercs jurisdiction
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: who purport to hire, as contractors, minions to carry out the proprietor’s own “regular trade or business” in an attempt to avoid workers’ compensation liability for employees. King v. Snide, 144 Vt. 395, 400-01, 479 A.2d 752,754 (1984). The legislative intent in designating these individuals as “statutory employers” was “to impose liability only upon the owner or proprietor of a regular trade or business . . . where an uninsured independent contractor is carrying out some phase of the owner’s or operator’s business.” Id. at 401, 479 A.2d at 754. ¶ 9. Thus understood, the statutory defini that unofficial manager of a wood lot was not statutory employer of an independent logger’s employee injured on the premises); Packett v. Moretown Creamery Co., 91 Vt. 97, 99-101, 99 A. 638 (1917) (<HOLDING>). In contrast, and like in In re Chatham Woods Options: A. holding that a creamery was not statutory employer of a contractor hired to build a new structure B. holding that the government could not charge contractor excess cost of relet contract where government caused a delay in contract performance in which contractor was to use his own equipment original contractors costs increased and government refused to allow original contractor to perform at cost but allowed new contractor to use government equipment and paid new contractor a different rate C. holding that a change in employer from one federal contractor to another caused employees no lack of work D. holding that where owner and contractor frequently discussed progress of construction project and advancement of money by owner to contractor and contractor misappropriated some of the money debt was not excepted from discharge under bankruptcy code 523a2 because owner did not show that contractor had intent not to perform when the agreement was made E. holding a premises owner is a general contractor for purposes of the statutory employer provision

assistant: The best answer is A. holding that a creamery was not statutory employer of a contractor hired to build a new structure
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be assigned by (a) the Fund without the written consent of the Custodian or (b) by the Custodian without the written consent of the Fund, except that the Custodian may assign this Agreement to a successor of all or a substantial portion of its business, or to a party controlling, controlled by or under common control with the Custodian.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , user-generated content , including advice , statements , or other information , including , without limitation , food , nutrition and exercise database entries , are not produced by under armour , and should not necessarily be relied on .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the SAP requirement that the puck pass “completely through” the goal was a nullity; and that “into and through” was satisfied if any part of the puck entered the opening, even if the puck did not pass completely through the opening. The trial court submitted the case to a jury, which found in favor of Mr. Giunto. The court ordered a new trial for reasons we need not explore here, and Mr. Giunto appealed the new trial order. The Sponsors cross appealed, contending that they were entitled to judgment as a matter of law. We agree with the Sponsors. The Sponsors, in their motion for directed verdict and motion for judgment notwithstanding the verdict, claimed that Mr. Giunto’s claims were barred because the contest judge had made the determination that Mr. 467 N.Y.S.2d 665, 666 (1983) (<HOLDING>); cf. National Collegiate Athletic Assoc. v. Options: A. holding that rule 60b1 relied is available only where 1 a party has made an excusable litigation mistake or an attorney in the litigation has acted without authority from a party or 2 where the judge has made a substantive mistake of law or fact in the final judgment or order B. holding that the decisions of the independent judging organization would be final unless there has been a fraud intentional or gross mistake irregularity or lack of good faith C. holding that decisions of the tournament committee would be final unless there was fraud intentional or gross mistake or lack of good faith D. holding that while the creditor has the initial burden to produce some evidence of lack of good faith the ultimate burden is on the debtor to prove his good faith E. holding that this courts review of board decisions is limited to final orders or final decisions

assistant: The best answer is B. holding that the decisions of the independent judging organization would be final unless there has been a fraud intentional or gross mistake irregularity or lack of good faith
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: if , through accessing or using the service , you utilize or obtain any product or service from a third party , you may additionally be subject to such third party 's terms and conditions applicable thereto , and these terms shall not affect your legal relationship with such third party .

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: In the case of a distribution under Section 6.3 on account of the Participant's death, the Committee shall pay the entire amount in the Participant's Accounts to his surviving spouse, or if there is no surviving spouse, or if the surviving spouse gives her consent as provided in Section 6.3, to a Beneficiary other than the surviving spouse designated by the Participant in accordance with Section 6.3. Payments to a Participant's surviving spouse and/or Beneficiary shall commence as soon as practicable after a Participant's death.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and cumulative effect of the trial court's errors. Since we do not find error with respect to any of the issues, we do not address this claim separately. 2 . Gary was charged with possession of a firearm, breaking and entering, conspiracy, assault with a dangerous weapon, and reckless driving. 3 . Hopkins was represented by three different attorneys in the v ion by a different path, namely, that Hopkins’ decision to testify at the first trial was not a voluntary, knowing, and intelligent waiver of his Fifth Amendment privilege because he had not been fully apprised of the consequences of his testimony with respect to the state proceedings. In light of the above discussion, we need not address the propriety of this decision. See In re Morganroth, 718 F.2d 161, 165 (6th Cir.1983) (<HOLDING>). 7 . These so-called statistics, compiled by Options: A. holding that waiver of privilege against selfincrimination is proceeding specific B. holding that the drug tax violated the privilege against selfincrimination C. holding that juveniles request to call parent is assertion of fifth amendment privilege against selfincrimination D. recognizing commonlaw privilege against selfincrimination E. holding that the constitutional privilege against selfincrimination is applicable in the case of juveniles as it is with respect to adults

assistant: The best answer is A. holding that waiver of privilege against selfincrimination is proceeding specific
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 Participant’s Service terminates because of the death of the Participant, the Option, to the extent unexercised and exercisable for vested shares on the date on which the Participant’s Service terminated, may be exercised by the Participant’s legal representative or other person who acquired the right to exercise the Option by reason of the Participant’s death at any time prior to the expiration of one (1) year after the date on which the Participant’s Service terminated, but in any event no later than the Option Expiration Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be signed in any number of counterparts by the Parties hereto, all of which taken together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by an e-mail which contains a portable document format (.pdf) file of an executed signature page, such signature page shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such signature page were an original thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything herein to the contrary, to the extent that the Purchaser has executed or is otherwise bound by a confidentiality agreement in favor of the Company, the Purchaser shall continue to be bound by such confidentiality agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the Pipelogic Assets is subject to any Lien imposed by or arising under any Environmental Law, and there are no proceedings pending or, to the Knowledge of Sellers, threatened for imposition of any such Lien, and, to the Knowledge of Sellers, there is no basis for any such Lien or proceeding.

assistant: Liens
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 agreements in this Section 10.04 shall survive the resignation of the Administrative Agent, the L/C Issuer and the Swing Line Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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: States, supra, 342 U.S. at 250-57, 72 S.Ct. at 243-246. 7 . The Court has consistently held that the legislature has the power to create strict liability crimes. As Mr. Justice DOUGLAS stated in Lambert: “We do not go with Blackstone in saying that a ‘vicious will’ is necessary to constitute a crime, ... for conduct alone without regard to the intent of the doer is often sufficient. There is wide latitude in lawmakers to declare an offense and exclude elements of knowledge and diligence from its definition.” 355 U.S. at 228, 78 S.Ct. at 242. While wide, however, the legislature’s latitude is not unbounded, and legislation creating a strict liability crime must comport with constitutional guarantees. See Smith v. California, 361 U.S. 147, 150, 80 S.Ct. 215, 217, 4 L.Ed.2d 205 (1959) (<HOLDING>). Lambert v. California, supra (holding Options: A. holding unconstitutional under coates v cincinnati that portion of an ordinance making it unlawful for a person to stand on a sidewalk and inter alia annoy passersby B. holding unconstitutional an ordinance making it a crime to possess an obscene book without regard to defendants knowledge of books contents C. holding ordinance restricting availability of abortion unconstitutional D. holding unconstitutional an ordinance prohibiting opprobious language E. holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff

assistant: The best answer is B. holding unconstitutional an ordinance making it a crime to possess an obscene book without regard to defendants knowledge of books contents
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 may be executed in as many counterparts as may be deemed necessary and convenient, and by the different parties hereto on separate counterparts, each of which, when so executed, shall be deemed an original, but all such counterparts shall constitute one and the same instrument. Originals transmitted by facsimile or electronic mail shall be considered original in all respects.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has insurance policies in full force and effect for such amounts as are sufficient for all requirements of Law and all agreements to which the Company is a party or by which it is bound, including professional liability policies covering professional services provided by all Physicians and all applicable Business Employees. Set forth on Section 4.24 of the Disclosure Schedule is a complete and correct list of all insurance policies and all fidelity bonds held by or applicable to the Company setting forth, in respect of each such policy, the policy name, policy number, carrier, term, type and amount of coverage and annual premium. No event relating to the Company has occurred which could reasonably be expected to result in a retroactive upward adjustment in premiums under any such insurance policies or which could reasonably be expected to result in a prospective upward adjustment in such premiums. Excluding insurance policies that have expired and been replaced in the Ordinary Course of Business, no insurance policy has been cancelled within the last two (2) years and, to the Knowledge of the Sellers, no threat has been made to cancel any insurance policy of the Company during such period. All such insurance will remain in full force and effect and all such insurance is assignable or transferable to the Purchaser. No event has occurred, including, without limitation, the failure by the Company to give any notice or information or the Company giving any inaccurate or erroneous notice or information, which limits or impairs the rights of the Company under any such insurance policies.

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: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of the State of Delaware.

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: Borrower understands and agrees that in making the Loan, Lender is relying on all representations, warranties, and covenants made by Borrower in this Agreement or in any certificate or other instrument delivered by Borrower to Lender under this Agreement or the Related Documents. Borrower further agrees that regardless of any investigation made by Lender, all such representations, warranties and covenants will survive the making of the Loan and delivery to Lender of the Related Documents, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full, or until this Agreement shall be terminated in the manner provided above, whichever is the last to occur.

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

user: Read the following U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 346 U.S. 271 73 S.Ct. 1152 97 L.Ed. 1607 Julius ROSENBERG and Ethel Rosenberg, petitioners,v.Wilford L. DENNO, Warden of Sing Sing Prison. No. ____. Special Term 1953 Supreme Court of the United States June 15, 1953 The motion for leave to file petition for an original writ of habeas corpus is denied. Mr. Justice FRANKFURTER: The disposition of an application to this Court for habeas corpus is so rarely to be made by this Court directly that Congress has given the Court authority to transfer such an application to an appropriate district court. 28 U.S.C., § 2241, 28 U.S.C.A. § 2241. I do not favor such a disposition of this application because the substance of the allegations now made has already been considered by the District Court for the Southern District of New York and on review by the Court of Appeals for the Second Circuit. Neither can I join the Court in denying the application without more. I would set the application down for hearing before the full Court tomorrow forenoon. Oral argument frequently has a force beyond what the written word conveys. Mr. Justice BLACK, dissents. June 18, 1953 The Court met in Special Term pursuant to a call by the Chief Justice. The Chief Justice said: 1 'The Court is now convened in Special Term to consider an application by the Attorney General (1) to review the stay of execution of Julius Rosenberg and Ethel Rosenberg, granted by Mr. Justice Douglas on June 17, 1953, or (2) for reconsideration and reaffirmance of this Court's order of June 15, 1953, in No. 1, Misc., Julius Rosenberg and Ethel Rosenberg, petitioners, v. Wilford L. Denno, Warden of Sing Sing Prison, June 1953 Special Term, denying a stay. 2 'The Special Term convenes with the approval of all the Associate Justices except Mr. Justice Black, who objects.'

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 case excerpt and choose the best holding from the options. Case excerpt: notices. And the only places that the word “credit” appears are in the notification that Plaintiff could stop receiving prescreened offers of credit by calling a toll-free number, and in the last sentence of the “PreScreen & Opt Out Notice” on the reverse side of the letter, telling Plaintiff that if she “did not wish to receive any further promotional offers, please call (888) 567-8688, to opt out of the credit bureau mailing list.” Although Congress chose a broad definition of a “firm offer of credit,” and courts have been lender-friendly in finding less-than-complete offers to constitute a firm offer of credit, the Court concludes that here, Defendant has not met the minimum requirements of the Act. Cf, e.g., Sullivan v. Greenwood Credit Union, 520 F.3d 70, 71, 76 (1st Cir.2008) (<HOLDING>). In sum, the Court does not believe that the Options: A. holding that a mailing which stated because of your excellent credit you have been preapproved for a home loan up to 100 of the value of your home was a firm offer of credit B. holding that the fcras provision that a lender may only use and obtain consumer credit information for the purpose of making a firm offer of credit requires that the lender offer something of value as an extension of credit alone C. recognizing statutory credit D. holding victims with poor credit histories were particularly susceptible to schemes involving offers of preapproved credit cards E. holding that because the fcra does not require the disclosure in a firm offer of credit of amount of credit and interest rates courts should not imply such additional disclosure requirements explaining that the import of cole was that a firm offer of credit must have economic value rather than which terms must be included

assistant: The best answer is A. holding that a mailing which stated because of your excellent credit you have been preapproved for a home loan up to 100 of the value of your home was a firm offer of credit
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 Buyer, any Affiliate of Buyer or any of their respective officers, directors or employees has employed any broker or finder or incurred any Liability for any brokerage fees, commissions, finder’s fees or other similar obligations in connection with the transactions provided for in this Agreement.

assistant: Brokers
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: him of the charges, or reject this explanation as not credible and find him guilty. Because so much hinged on the jury’s view of Vaghari’s credibility, the prosecution was justified in emphasizing credibility issues in its arguments to the jury. Nor is the number of references to “lies” or “lying,” standing alone, proof of prose-cutorial misconduct. This is especially true here, where the government gave a three and one-half hour opening summation and an hour-long rebuttal. In the context of this marathon argument, the government’s remarks about Vaghari’s credibility were neither pervasive nor ov erly repetitious, and the sheer number of times the word “lies” was mentioned cannot be viewed as indicative of improper argument. See United States v. Rude, 88 F.3d 1538, 1548 (9th Cir.1996) (<HOLDING>). Moreover, these repeated references to “lies” Options: A. holding that isolated statements of judge viewed in the context of a fourteenday trial did not support a claim of bias B. holding prosecutors statement that defendants testimony was outandout lies not improper because not excessive or inflammatory C. holding that the court does not have jurisdiction over an action contesting the denial of a protest filed more than ninety days after notice of liquidation D. holding that a prosecutors use of the words lie lies or lied over 90 times when referring to the defendants in its closing argument was within the boundaries of proper summations E. holding that prosecutors use of the words lie lies or lied more than ninety times was not improper when viewed in the context of the monthlong trial

assistant: The best answer is E. holding that prosecutors use of the words lie lies or lied more than ninety times was not improper when viewed in the context of the monthlong trial
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 may be signed in any number of counterparts, each of which shall be an original and all of which, taken together, constitute a single instrument. This Amendment may be executed by facsimile signature or other similar electronic means and all such signatures shall be effective as originals.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All of the information, records, books and data to which each Party and/or their respective representatives are given access as set forth above including, but not limited to, that which relates to the terms of any draft of the Definitive Agreement and the terms, conditions and existence of this Agreement and all discussions between the Parties (the “ Confidential Information ”), will be used by such Party solely for the purpose of analyzing the Transaction and the Parties hereto and will be treated on a confidential basis. Each of the Parties covenants to each other that they will not at any time, other than in accordance with the terms of this Agreement, disclose the Confidential Information of the other to any person or entity without the prior written approval of the disclosing Party, or use any such Confidential Information for any purpose, other than for the specific purpose of evaluating and negotiating the terms of the Transaction, unless specifically pre-approved in writing by the disclosing Party, subject to required disclosure to regulatory authorities and as otherwise required by the rules of any stock exchange which may be applicable. None of the Parties will make any public announcement concerning the Transaction or related negotiations without the other Parties’ prior written approval (such approval not to be unreasonably withheld), except as may be required by law or the policies of any stock exchange in circumstances where prior consultation with the other Party is not practicable and a copy of such announcement is provided to the other Party.

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 legal provision and list the applicable contract clause categories. Provision: Notwithstanding any other provision herein or in the Plan, if a Change in Control occurs and the Director is a member of the Board immediately prior to such Change in Control, the Award, to the extent then outstanding and unvested, shall become fully vested as of (or, as appropriate to give effect to the acceleration, immediately prior to) the Change in Control.

assistant: Change In Control
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 validity, construction, and effect of the Plan, any rules and regulations relating to the Plan and any Award document shall be determined in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of laws, and applicable provisions of federal law.

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: The Administrator has the right to amend, alter, suspend, discontinue or cancel the PSUs, prospectively or retroactively; provided , however , that, no such amendment shall adversely affect Participant's material rights under this Agreement without Participant's consent.

assistant: Amendments
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 appellant’s motion to suppress. Consequently, we affirm the convictions. Affirmed. 1 . In ruling on the propriety of a trial court’s decision on a motion to suppress, the appellate court considers the evidence introduced at the suppression hearing and at trial. See, e.g., Beasley v. Commonwealth, 60 Va.App. 381, 385 n.1, 728 S.E.2d 499, 501 n.1 (2012). The Court views that evidence in the light most favorable to the party who prevailed below, in this case the Commonwealth. E.g., id. 2 . As Land approached, the appellant "jump[ed] out ... of the car.” The officer "instructed him to get back into the vehicle,” and the appellant complied. 3 . The appellant’s assignment of error also notes that Detective Fraser observed the traffic inf 258, 127 S.Ct. 2400, 2407, 168 L.Ed.2d 132 (2007) (<HOLDING>). 5 . The appellant cites no controlling or Options: A. holding that like burglary car theft is a crime that often involves the use of weapons and other instruments of assault that could jeopardize police officer safety and thus justifies a protective frisk under terry to ensure officer safety B. holding that it is reasonable that a police officer at the scene of an investigation will not let people move around in ways that could jeopardize his safety and discussing the various ways an officer may limit such movement C. holding that police officer did not exhibit reckless disregard for safety and wellbeing of others by negligently causing auto accident where officer looked both ways at intersection even though view was partially blocked D. holding that when the officer has a reasonable suspicion that illegal drugs are in the vehicle the officer may in the absence of factors allaying his safety concerns order the occupants out of the vehicle and pat them down briefly for weapons to ensure the officers safety and the safety of others E. holding officer may search vehicle for weapons if officer has reasonable belief based on articulable facts that officer or another may be in danger

assistant: The best answer is B. holding that it is reasonable that a police officer at the scene of an investigation will not let people move around in ways that could jeopardize his safety and discussing the various ways an officer may limit such movement
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: and with the DPS’s position in this appeal that sections 522.102(a) and 522.103 of the transportation code apply only to a person who is driving a commercial motor vehicle at the time of his arrest. Tex. Transp. Code Ann. §§ 522.102(a), 522.103; see also Tex. Dep’t of Pub. Safety v. Chavez, 981 S.W.2d 449, 451 (TexApp. — Fort Worth 1998, no pet.). That is, an individual stopped for DWI in a noncommercial vehicle who refuses to submit a breath specimen does not automatically lose his commercial driving privileges for one year. However, section 522.089 mandates the automatic disqualification of a person to drive a commercial motor vehicle at least for the period of time that person’s license is suspended under any law. Tex. Transp. Code Ann. § 522.089(a); Chavez, 981 S.W.2d at 453 (<HOLDING>). In accordance with the Code of Construction Options: A. holding that district court lacked authority to dismiss charges of driving under the influence reckless driving operating a motor vehicle without a seatbelt and operating a motor vehicle without insurance without states consent where dismissal was at gonzalezs request based on absence of arresting officer B. recognizing that section 522089 applied to chavez even though he was not driving a commercial motor vehicle at the time of his arrest C. holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle D. holding that the plaintiff filed suit within the statute of limitations even though he could not prove the time at which he mailed his petition E. holding that assault conviction for driving a motor vehicle under the influence of alcohol and causing serious bodily injury to the person of another with the motor vehicle qualified as a crime of violence under ussg 4b12a

assistant: The best answer is B. recognizing that section 522089 applied to chavez even though he was not driving a commercial motor vehicle at the time of his arrest