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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of those allegations. The record of the hearing shows that the judge repeatedly had to instruct Williams in examination techniques and to restrain him from testifying himself when he was supposedly questio 1986) (finding petitioner entitled to appointment of counsel and new evidentiary hearing where record had no information concerning petitioner’s ability to represent himself and, although petitioner presented his own testimony and that of three alibi witnesses and cross-examined his attorney, he did not present any expert testimony concerning the competency of defense furnished by his trial counsel and record indicates that an attorney’s cross-examination of counsel may have shown petitioner was entitled to new trial); see also Rogers v. State, 702 So.2d 607, 608 (Fla. 1st DCA 1997) (<HOLDING>); Gordon v. State, 529 So.2d 1129, 1130 (Fla. Options: A. holding that district court had not abused its discretion in denying plaintiffs motion to amend complaint B. holding that where alien was in custody spoke only spanish had limited education and was unfamiliar with this country and its legal procedures in light of his failure to obtain counsel despite his efforts the immigration judge sua sponte if necessary should have continued the hearing so as to provide the petitioner a reasonable time to locate counsel and permit counsel to prepare for the hearing C. holding that trial court abused its discretion in denying petitioners request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared by prison law clerk he had only ninthgrade education he had no training in the law and he lacked the skills necessary to participate in hearing D. holding that the district court did not err in continuing the trial without defendant when the trial had commenced in defendants presence he vigorously expressed his desire to be absent he was given ample opportunity to change his mind despite the disturbance he had created he had competent counsel and he knew of his right to be present E. holding that trial courts failure to consider appointing counsel for petitioner in evidentiary hearing was improper where record revealed petitioners lack of education and sophistication petitioner had limited participation in hearing and record indicates that there was abundant doubt raised concerning gordons need for the assistance of counsel

assistant: The best answer is C. holding that trial court abused its discretion in denying petitioners request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared by prison law clerk he had only ninthgrade education he had no training in the law and he lacked the skills necessary to participate in hearing
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Borrower and the Restricted Subsidiaries has filed or caused to be filed all Federal, state, local and foreign tax returns or materials required to have been filed by it and has paid or caused to be paid all Taxes due and payable by it (whether or not shown on any tax return) and all assessments received by it, except (a) Taxes that are being contested in good faith by appropriate proceedings promptly instituted and diligently conducted that operate to suspend the collection of such contested Tax and for which the Borrower or such Restricted Subsidiary, as applicable, shall have set aside on its books adequate reserves in accordance with GAAP or (b) in each case, to the extent the failure to do so could not reasonably be expected to result in a Material Adverse Effect or the imposition of a material Lien on any Collateral. There is no proposed written Tax assessment against the Borrower or any of the Restricted Subsidiaries that would, if made, have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as Previously Disclosed, none of the officers or directors of the Company or any Subsidiary and, to the knowledge of the Company, none of the employees of the Company or any Subsidiary is presently a party to any transaction with the Company or any Subsidiary (other than for services as employees, officers and directors), including any contract, agreement or other arrangement providing for the furnishing of services to or by, providing for rental of real or personal property to or from, providing for the borrowing of money from or lending of money to or otherwise requiring payments to or from any officer, director or such employee or, to the knowledge of the Company, any entity in which any officer, director, or any such employee has a substantial interest or is an officer, director, trustee, stockholder, member or partner, in each case in excess of $120,000 other than for: (i) payment of salary or consulting fees for services rendered, (ii) reimbursement for expenses incurred on behalf of the Company in the ordinary course of business and (iii) other employee benefits, including stock option agreements under any stock option plan of the Company.

assistant: Transactions With Affiliates
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 rule or that, if [s]he did[,] ... employees [outside her protected class] who engaged in similar acts were not punished similarly.” Mayberry v. Vought Aircraft Co., 55 F.3d 1086, 1090 (5th Cir.1995) (internal quotation marks omitted). In the event a plaintiff is terminated for multiple violations of a work rule, she may establish her prima facie case by creating a genuine issue of material fact as to whether she actually committed one of the violations. See Wiseman v. New Breed Logistics, Inc., 72 F.Supp.3d 672, 681, 2014 WL 7272646, at *7 (N.D.Miss. Dec. 18, 2014). Courts in this circuit have split on whether a plaintiff may state a prima facie case merely by denying she violated a relevant work rule. See Moore v. Miss. Dep’t of Human Servs., 6 F.Supp.3d 713, 716 (S.D.Miss.2014) (<HOLDING>). In recognition of this split, recent Options: A. recognizing circuit split B. recognizing a split of authority on this issue C. recognizing a split of authority D. recognizing split E. recognizing split between thornton v univ of miss med ctr no 309cv023 2011 wl 4373942 at 6 sdmiss sep 19 2011 affidavit insufficient and coleman v miller enters llc no 210cv296 2011 wl 4737580 at 2 sdmiss oct 6 2011 affidavit sufficient

assistant: The best answer is E. recognizing split between thornton v univ of miss med ctr no 309cv023 2011 wl 4373942 at 6 sdmiss sep 19 2011 affidavit insufficient and coleman v miller enters llc no 210cv296 2011 wl 4737580 at 2 sdmiss oct 6 2011 affidavit sufficient
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On the Closing Date, upon the terms and subject to the conditions set forth herein, substantially concurrent with the execution and delivery of this Agreement by the parties hereto, the Company agrees to sell, and each Purchaser agrees to purchase, the Subscription Amount of Notes as set forth on the signature page hereto executed by the Purchaser. At the Closing, the Purchaser shall deliver to the Company, via wire transfer to an account designated by the Company, immediately available funds equal to the Purchaser’s Subscription Amount as set forth on the signature page hereto executed by the Purchaser, and the Company shall deliver to the Purchaser its Note, as set forth in Section 2.3(a), and the Company and the Purchaser shall deliver the other items set forth in Section 2.3 deliverable at the Closing. Upon satisfaction of the covenants and conditions set forth in Sections 2.3 and 2.4 for Closing, such Closing shall occur at the offices of Robinson Brog Leinwand Greene Genovese & Gluck P.C. or such other location as the parties shall mutually agree, and may by agreement be undertaken remotely by electronic exchange of Closing documentation.

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 case excerpt and choose the best holding from the options. Case excerpt: pursuant to a lawful warrant that the police obtained in the interim with information that was unrelated to the war-rantless entry. The Court refused to suppress the evidence, not because of a lack of causal relationship to the conduct of the search, but because the search was lawful in every respect. The search was conducted pursuant to what the Court determined to be a lawful warrant and was conducted in a lawful manner. See id. at 813-14, 104 S.Ct. 3380. The attenuation applied only to the 19-hour-old initial entry. Here, of course, the entire point is that the search that produced the seized evidence was con ducted with excessive force and was, accordingly, unlawful. Third, United States v. Hector, 474 F.3d 1150 (9th Cir.2007), does not compel the majority’s holding. Id. at 1154-55 (<HOLDING>). If officers violate their obligation to serve Options: A. holding that evidence obtained from a search made subsequent to an illegal stop was admissible when before the search the police officer discovered that there was an outstanding arrest warrant for the defendant and the defendant was thereupon arrested pursuant to that warrant B. holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search C. holding that violation of knockandannounce rule during execution of valid search warrant warranted suppression of evidence seized in search following violation D. holding that the fourth amendment remedy sought is suppression E. holding that the appropriate remedy for a public trial violation was a new suppression hearing not a new trial because the remedy should be appropriate to the violation

assistant: The best answer is B. holding that suppression is not an appropriate remedy for officers failure to serve a warrant to the defendant before during or immediately after the search
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 provided in this paragraph, this Agreement contains the entire agreement between Executive and the Company relating to the subject matter hereof, and all prior agreements, negotiations and representations are replaced by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall limit or modify the rights of the Company or the obligations of Executive contained in any other confidentiality agreement, non-compete agreement and/or restrictive covenants previously signed by Executive, as amended, modified and/or supplemented, as such provisions shall survive the execution of this Agreement and Executive's separation from the Company. This Agreement may only be changed by a written amendment signed by Executive and the Chief Executive Officer, the General Counsel, the Vice President of Human Resources, or other duly authorized officer of the Company.

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: Each of the parties hereto represents to the other that (i) it has the corporate power and authority to execute, deliver and perform this Agreement, (ii) the execution, delivery and performance of this Agreement by it has been duly authorized by all necessary corporate action and no such further action is required, (iii) it has duly and validly executed and delivered this Agreement and (iv) this Agreement is a legal, valid and binding obligation, enforceable against it in accordance with its terms subject to applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors’ rights generally and general equity principles.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: waive” the alleged error). We discern no plain error. Viewed in context of the entire trial, see United States v. Christians, 200 F.3d 1124, 1128 (8th Cir.1999), it is not clear or obvious that the prosecutor was commenting indi rectly on Kieffer’s failure to testify. Kieffer was attempting to convince the jury that the Ninth Circuit’s decision to admit Kieffer to practice somehow relieved Kieffer of responsibility for his own deceitful conduct. In stating Kieffer was “not accepting ... responsibility,” the prosecutor apparently was rebutting Kieffer’s defense. The prosecutor probably was deflecting Kieffer’s attempt to shift blame, emphasizing the District of North Dakota’s attorney admission system was based on trust and the jury should not “lose sight of who is on trial.” Cf. id. (<HOLDING>). 3. Sufficiency of the Evidence Kieffer argues Options: A. holding that prosecutorial misconduct was harmless in the face of overwhelming evidence of guilt B. holding that prosecutors reference to the fact that not one white witness has produced contradictory evidence was plain error C. holding the prosecutors statement there was no contradictory evidence to those facts was only a general observation about the strength and clarity of the governments evidence presented at trial and not grounds for plain error relief for alleged prosecutorial misconduct D. holding that evidence consisting of the testimony of three witnesses who each had motives to lie was not overwhelming and that prosecutorial misconduct therefore was not harmless error E. holding that if no evidence was presented to support the prevailing party there is no evidence upon which to apply the substantial evidence test and therefore the capricious disregard standard applies

assistant: The best answer is C. holding the prosecutors statement there was no contradictory evidence to those facts was only a general observation about the strength and clarity of the governments evidence presented at trial and not grounds for plain error relief for alleged prosecutorial misconduct
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 and delivery of this Agreement and the consummation of the transactions contemplated hereunder on the part of Buyer does not and will not violate any applicable law, ordinance, statute, rule, regulation, order, decree or judgment, conflict with or result in the breach of any material terms or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge, or encumbrance upon any of the property or assets of Buyer by reason of the terms of any contract, mortgage, lien, lease, agreement, indenture, instrument or judgment to which Buyer is a party or which is or purports to be binding upon Buyer or which otherwise affects Buyer, which will not be discharged, assumed or released at Closing. No action by any federal, state or municipal or other governmental department, commission, board, bureau or instrumentality is necessary to make this Agreement a valid instrument binding upon Buyer in accordance with its terms.

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 legal provision and list the applicable contract clause categories. Provision: To the extent permitted under Applicable Law and the Organizational Documents, each member of the Administrator shall be indemnified and held harmless by the Company from any loss, cost, liability, or expense that may be imposed upon or reasonably incurred by such member in connection with or resulting from any claim, action, suit, or proceeding to which he or she may be a party or in which he or she may be involved by reason of any action or failure to act pursuant to the Plan and against and from any and all amounts paid by him or her in satisfaction of judgment in such action, suit, or proceeding against him or her; provided he or she gives the Company an opportunity, at its own expense, to handle and defend the same before he or she undertakes to handle and defend it on his or her own behalf. The foregoing right of indemnification shall not be exclusive of any other rights of indemnification to which such persons may be entitled pursuant to the Organizational Documents, as a matter of law, or otherwise, or any power that the Company may have to indemnify them or hold them harmless.

assistant: Indemnifications
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: Lender may sell, transfer or assign all or any portion of its interest or one or more participation interests in the Loan, the Loan Documents, the Guaranty and the Environmental Indemnity at any time and from time to time, including, without limitation, its rights and obligations as servicer of the Loan. Lender may forward to each purchaser, transferee, assignee, servicer, participant, investor in the Loan (collectively, the “ Investor ”) and each prospective Investor, all documents and information which Lender now has or may hereafter acquire relating to the Loan and to Borrower, or TRS Entity or any Guarantor and the Property, whether furnished by Borrower, TRS Entity, any Guarantor or otherwise, as Lender determines necessary or desirable.

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: We apply those principles here. Given the divers possibilities that attend this situation, we are uncertain what procedural course the state trial court would take if asked to rule on the competence claim. That uncertainty dooms the procedural default defense. Id. at 213. Of course, our double-barreled conclusion that the Commonwealth waived its nonexhaustion defense and that it cannot mount a successful procedural default defense does not compel us to adjudicate the competence claim on the merits. A federal court may choose, in its sound discretion, to reject a state’s waiver of either nonexhaustion or procedural default. See Granberry, 481 U.S. at 134-35, 107 S.Ct. 1671; Earhart v. Johnson, 132 F.3d 1062, 1065 (5th Cir.1998); cf. Oakes v. United States, 400 F.3d 92, 97 (1st Cir.2005) (<HOLDING>). In exercising this discretion, concerns of Options: A. holding in a federal prisoners habeas case under 28 usc 2255 that the district court may raise the question of procedural default even if that defense was waived by the government B. holding that the state may waive the affirmative defense of procedural default by failing to assert it C. holding that we cannot avoid ruling on a claim a petitioner has procedurally defaulted if the government has waived the procedural default defense for that claim D. holding that the federal habeas corpus court could reach the merits of a due process claim even though there was no contemporaneous objection in state court trial where the state habeas corpus court reached the merits rather than rely on the procedural default defense E. holding that a federal court may excuse a state habeas petitioners procedural default if the petitioner can show cause for the failure to raise the claim and prejudice resulting from such failure

assistant: The best answer is A. holding in a federal prisoners habeas case under 28 usc 2255 that the district court may raise the question of procedural default even if that defense was waived by the government
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the provisions of this Agreement relating to transferability or assignment, this Agreement will be binding upon and inure to the benefit of the Company and ICG, and their respective heirs, devisees, spouses, distributees, representatives, successors and permitted assigns.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, including emailed or telecopied facsimiles, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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 payments to be made by Provider hereunder shall be made free and clear of any deduction or withholding. If Provider is required by law to make any deduction or withholding on account of tax or otherwise from any such payment, the sum due from it in respect of such payment shall be increased to the extent necessary to ensure that, after the making of such deduction or withholding, Recipient receive a net sum equal to the sum which they would have received had no deduction or withholding been made.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition to filing this form with the aaa in accordance with its rules and procedures , the party initiating the arbitration must mail a copy of the completed form to the opposing 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: This Release may be executed, including execution by electronic or facsimile signature, in one or more counterparts, each of which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument.

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 case excerpt and choose the best holding from the options. Case excerpt: FED. R. CIV. P. 56(c); see Ruiz-Rivera v. Moyer, 70 F.3d 498, 500-01 (7th Cir.1995). The moving party has the burden of providing proper documentary evidence to show the absence of a genuine issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). A genuine issue of material fact exists when “there is sufficient evidence favoring the non-moving party for a jury to return a verdict for that party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Interpreting the terms of a contract is generally a question of law for the court. See Quake Constr. v. American Airlines, 141 Ill.2d 281, 152 Ill.Dec. 308, 565 N.E.2d 990, 994 (Ill.1990); Murphy v. Keystone Steel & Wire Co., 61 F.3d 560 (7th Cir.1995) (<HOLDING>). In determining the meaning of words in a Options: A. holding that under illinois law interpreting the meaning of a contract is a question of law determined by the court B. holding that the validity of a contract for a commission for the sale of real estate is determined by the law of the state where the contract is made C. holding that the viability of the derivative action is determined by law of illinois the state of incorporation D. holding that whether a previous conviction is a crime of violence is a question of law not of fact as it must be determined by interpreting 4b12 E. holding as a general rule of contract law if no other meaning is reasonable the court shall rule as a matter of law that the meaning is established

assistant: The best answer is A. holding that under illinois law interpreting the meaning of a contract is a question of law determined by the court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the United States, and to provide for the free flow of commerce, that minimum standards be provided assuring the equitable character of such plans and their financial soundness. 29 U.S.C. § 1001(a). Allison contends that this legislative declaration connotes that Congress passed ERISA with the intent of benefitting employees and not employers. The court, however, notes that this policy statement is totally devoid of any limitations, restrictions, or remarks regarding the right of employee welfare benefit plans governed by ERISA to seek subrogation or reimbursement. Moreover, it must be recognized that the Eighth Circuit Court of Appeals and other federal courts have upheld subrogation provisions in ERISA plans. See Waller v. Hormel Foods Corp., 120 F.3d 138, 140 (8th Cir.1997) (<HOLDING>); Cooper Tire & Rubber Co. v. St. Paul Fire and Options: A. holding that the claim is preempted because a court entertaining the merits of this misrepresentation claim would be forced to calculate plan benefits that would have been owed to the plaintiff under the erisa plans B. 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 C. holding that a termination of an erisa plans benefits must be based upon the plans terms and language D. holding that erisa medical benefits plans subrogation provision gave plan first priority claim to any recovery E. holding that a state law requiring benefit plans to include minimum benefits related to erisa plans

assistant: The best answer is D. holding that erisa medical benefits plans subrogation provision gave plan first priority claim to any recovery
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: recognizes that disavowal would not apply when a “person of reasonable intelligence would not be misled into relying on the erroneous statement.” See Biotec Biolo-gische Naturverpackungen GmbH & Co. v. Biocorp, Inc., 249 F.3d 1341, 1348 (Fed.Cir.2001). Here, however, the statement does not appear to be erroneous. Rather, the Applicant’s statement that Claim 1 “requires motion of both of the actuators if the base effector is to move at all,” was clear cut and repeated in the “Letter After Final.” See Springs Window Fashions LP v. Novo Indus., L.P., 323 F.3d 989, 994-96 (Fed.Cir.2003) (recognizing statements in prosecution history to constitute a disclaimer when such statements are “detailed, consistent, and repeated.”); cf. Tektel, Inc. v. United States, 116 Fed.Cl. 612, 624 (2013) (<HOLDING>). Contrary to Plaintiffs suggestion of a Options: A. holding that where the appellant has failed to demonstrate error the court is not required to search the record for an error B. holding where there is a dearth of evidence suggesting that the government made a scriveners error the court had no basis to conclude a scriveners error occurred C. holding that where the record is insufficient to show that the alleged error occurred the presumption that the trial court acted without error must prevail D. holding that in order to conclude that federal constitutional error is harmless court must find that error harmless beyond a reasonable doubt E. holding that even if there is error in failing to award nominal damages to a plaintiff such error is not a basis for reversal

assistant: The best answer is B. holding where there is a dearth of evidence suggesting that the government made a scriveners error the court had no basis to conclude a scriveners error occurred
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 acknowledge that any personally identifiable information which you submit to or via the skyscanner services and/or skyscanner platforms may be used by us in accordance with our privacy policy .

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: Each Loan Party has disclosed to the Agent and the Lenders all agreements, instruments and corporate or other restrictions to which it or any of its Subsidiaries is subject, and all other matters known to it, that, individually or in the aggregate, on the Escrow Release Date, could reasonably be expected to result in a Material Adverse Effect. No report, financial statement, certificate or other factual written information furnished in writing by or on behalf of any Loan Party to the Agent or any Lender in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder or under any other Financing Agreement (excluding projected financial information, forward-looking statements and general industry or general economic data) (in each case, as modified or supplemented by other information so furnished) and taken as a whole, contains (to the knowledge of the Loan Parties, in the case of any document or information provided to the Loan Parties pursuant to the NAI Purchase Agreement or the Safeway Acquisition Agreement) any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading; provided that, with respect to projected financial information, the Loan Parties represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time (it being understood that such projected financial information is subject to significant uncertainties and contingencies, many of which are beyond the control of the Loan Parties, that no assurance is given that any particular projections will be realized, that actual results may differ and that such differences may be material).

assistant: Disclosures
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: amendment, the presumption is not rebutted.... Silence does not overcome the presumption.”) (internal citation omitted). This court requires a strong showing — not present on this record — to satisfy the “very narrow” exception to prosecution history estoppel for amendments only tangentially related to the equivalent in question. Cross Med. Prods. v. Medtronic, Inc., 480 F.3d 1335, 1342 (Fed.Cir.2007). ETG’s argument that it did not relinquish equivalents that involve “determining” — rather than “measuring” — phase and amplitude, also fails. Prosecution history estoppel bars application of the doctrine of equivalents even where the applicant surrendered more claim scope than was necessary to overcome a rejection. See Norian Corp. v. Stryker Corp., 432 F.3d 1356, 1361-62 (Fed.Cir.2005) (<HOLDING>). Moreover, the difference between the phrase Options: A. holding that prosecution history estoppel applied to bar the plaintiff patent owner from asserting that the claim construction should cover a system using shift registers be cause it had specifically defined its claims during prosecution as not covering such a system B. holding a court may consider a defendants criminal history even if that history is included in the defendants criminal history category C. holding that unlawful biases of an investigating agency are not imputed to those ultimately responsible for the prosecution D. holding that the prosecution history may modify a claim terms scope if the patentee expressly disclaimed the prior arts subject matter E. holding patentees are restricted by prosecution history estoppel to the scope of what they ultimately claim

assistant: The best answer is E. holding patentees are restricted by prosecution history estoppel to the scope of what they ultimately claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Borrowing Base Obligor shall keep accurate and complete records of its Accounts, including all payments and collections thereon, and shall submit to Agent sales, collection, reconciliation and other reports in form satisfactory to Agent, on such periodic basis as Agent may request. Each Borrowing Base Obligor shall also provide to Agent, on or before the 20th day of each month, an inventory summary (together with a schedule of locations of such Inventory in form and reasonable detail satisfactory to Agent) and a detailed aged trial balance of all Accounts as of the end of the preceding month, specifying each Account's Account Debtor name, amount, age, showing any discount, allowance, credit, authorized return or dispute, and in addition, upon the reasonable request of the Agent, proof of delivery, copies of invoices and invoice registers, copies of related documents, repayment histories, status reports and other information as Agent may reasonably request. If Accounts in an aggregate face amount of $5,000,000 or more cease to be Eligible Accounts, Borrowing Base Obligors shall notify Agent of such occurrence promptly (and in any event within one Business Day) after any Borrowing Base Obligor has knowledge thereof.

assistant: Records
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 any provision of these terms is held invalid or unenforceable ( either by an arbitrator appointed pursuant to the terms of the `` dispute resolution '' section above or by a court of competent jurisdiction , but only if you timely opt out of arbitration by sending us an arbitration opt-out notice in accordance with the terms set forth above ) , that provision will be enforced to the maximum extent permissible , and the other provisions of these terms will remain in full force and effect .

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: (a) Schedule 3.08(a) sets forth as of the Closing Date the name and jurisdiction of incorporation, formation or organization of each direct or indirect subsidiary of Parent and, as to each such subsidiary, the percentage of each class of Equity Interests owned by Parent or by any such subsidiary.

assistant: Subsidiaries
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: numbers, it would be difficult, if not impossible, for Safety Technologies to verify FDA certification. A reasonable jury could conclude that reliance was justified in light of the fact that Safety Technologies attempted to verify certification but could not have been expected to succeed unless Biotronix 2000 provided the certification numbers. The evidence supports a reasonable inference favorable to the jury’s conclusion th ld be at issue, making damages fixed and certain prior to judgment. See, e.g., FDIC v. Hudson, 758 F.Supp. 663 (D.Kan.1991) (awarding prejudgment interest where plaintiff claimed that it loaned money to the defendant in reliance on misrepresentations by the defendant); Soft Water Utilities, Inc. v. LeFevre, 159 Ind.App. 529, 589, 308 N.E.2d 395 (1974) (<HOLDING>). On the other hand, prejudgement interest is Options: A. holding that plaintiff is entitled to prejudgment interest even though its ascertainable claim was reduced by defendants unliquidated setoff or counterclaim B. holding that prejudgment interest was not appropriate because the plaintiffs damages were not readily ascertainable because at the time the cause of action arose a fact question remained for the court to determine when the fraud terminated C. holding that prejudgment interest was appropriate when plaintiffs damages from securities fraud were ascertainable at the time of the sale in accordance with accepted standards of valuation D. recognizing that prejudgment interest was an element of damages in a civil theft ease E. holding that prejudgment interest should not be added to damages awarded for misrepresentation because the amount of damages were not liquidated or ascertainable before the verdict

assistant: The best answer is C. holding that prejudgment interest was appropriate when plaintiffs damages from securities fraud were ascertainable at the time of the sale in accordance with accepted standards of valuation
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: abridged in any way. The PCRA court’s ruling is supported by the record and is free of legal error. As noted, Pennsylvania Rule of Criminal Procedure 801 provides -for education and experiential qualifications for defense counsel in capital cases. At issue here are the educational requirements, which mandate “18 hours of training relevant to representation in capital cases, as approved by the Pennsylvania Continuing Legal Education Board.” Pa.R.Crim.P. 801(2)(a). Our June 4, 2004 order adopting Rule 801 utilized “phase-in” language, directing counsel to receive six credits for the time period prior to Attorney Speice’s appointment on September 2, 2005. The parties herein agree that six hours of capital case educational training were required at the tim , 193 (2010) (citations omitted) (<HOLDING>). Accordingly, the PCRA court did not err in Options: A. holding ineffectiveness cannot be raised for first time on appeal B. holding that the fact that an ineffectiveness claim is raised and adjudicated on direct appeal will not procedurally bar an ineffectiveness claim in a proceeding under 28 usc 2255 where new reasons are advanced in support of that claim C. holding that ineffectiveness of postconviction counsel could establish cause to reopen judgment but ineffectiveness of postconviction appellate counsel could not D. holding that the appellate standard of review of ineffectiveness claim is de novo E. holding that a lawyers inexperience in capital cases does not render him presumptively ineffective as inexperience alone is not equivalent to ineffectiveness rather all the elements of an ineffectiveness claim must be satisfied

assistant: The best answer is E. holding that a lawyers inexperience in capital cases does not render him presumptively ineffective as inexperience alone is not equivalent to ineffectiveness rather all the elements of an ineffectiveness claim must be satisfied
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: entitled to $100 per month for the life of the patent. Despite this consideration, the court implied a reasonable efforts clause to maximize revenue based on the intent of the parties. Id. at 19. PerkinElmer also attempts to distinguish Eno as limited to exclusive licensing arrangements. PerkinElmer asserts that the implied reasonable efforts duty is inapplicable here because it “did not obtain an exclusive license but rather purchased Sonoran’s assets.” The district court found this argument compelling. We do not because Massachusetts law is to the contrary. The fact that Eno involved exclusive licensing arrangements does not lessen the obligation to use reasonable efforts in other situations. See, e.g., Brightwater Paper Co. v. Monadnock Paper Mills, 161 F.2d 869, 871 (1st Cir.1947) (<HOLDING>); Russo v. Enter. Realty Co., 347 Mass. 655, Options: A. holding that the plaintiff had an implied duty to use reasonable efforts to elicit particular business and to hand it over to the defendant B. recognizing implied duty to market C. recognizing implied obligation to use reasonable diligence D. recognizing implied duty to produce and market E. holding that a contract for an exclusive agency to market a product contains an implied promise to use all reasonable efforts to market the product

assistant: The best answer is A. holding that the plaintiff had an implied duty to use reasonable efforts to elicit particular business and to hand it over to the defendant
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 constitutes the entire understanding of the parties with respect to the subject matter hereof and thereof, and supersedes all other discussions, promises, representations, warranties, agreements and understandings between the parties with respect thereto. This Agreement may not be modified, altered or amended except by an agreement in writing signed by a duly authorized representative of all the parties hereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and remand the case for a new trial. R. 3:21-5 defines the requisites of a judgment of conviction in a criminal case as follows: The judgment shall be signed by the judge and entered by the clerk. A judgment of conviction shall set forth the plea, the verdict or findin A.2d 877 (Law Div.1979) (stating that “[a] ‘conviction’ is merely an intermediate step. It is that stage in a criminal proceeding at which a finding of guilt is made by the court or jury as a result of a trial on the merits or the defendant’s entry of a plea of guilty---- A ‘judgment of conviction’ is a formal document which includes the defendant’s plea, the verdict and the court’s sentence”); cf. State v. Pratts, 145 N.J.Super. 79, 93-94, 366 A.2d 1327 (App.Div.1975), aff'd o.b., 71 N.J. 399, 365 A.2d 928 (1976) (<HOLDING>). The verdict against Guastella finding him Options: A. holding that having signed the judgment of conviction the judge thereafter had no authority to increase a legal sentence B. holding that a sixfold increase in sentence involved no enhancement of sentence because harrisonphilpot was charged and convicted of conspiracy the extent of the conspiracy caused the tremendous increase in her sentence C. holding that a postconsent reference order signed by the district judge was required to vest authority in a magistrate judge for disposition of a summary judgment motion D. holding it permissible to increase a mandatory minimum sentence based solely on facts found by the sentencing judge E. holding that the defendant is not entitled to be sentenced by the judge who took his plea when the judge made no promise to sentence him

assistant: The best answer is A. holding that having signed the judgment of conviction the judge thereafter had no authority to increase a legal sentence
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: an area between the house and an unattached garage. However, the district court specifically found that this camera was positioned looking over a half-solid, half-lattice array, “to a location where the public could easily see from another vantage point.” With respect to the Strieker Avenue location, the district court found the pole camera observed a driveway that was open and accessible to public view. Finally, the district court found that the pole camera outside the Sherwood Avenue warehouse viewed a common yard between buildings that was “open to many directions and surrounded by roads and alleyways” and had no obstructions that would prevent someone from observing the defendants. “comings and goings.” See, e.g., United States v. Wymer, 654 Fed.Appx. 735, 743-44 (6th Cir. 2016) (<HOLDING>), cert. denied, — U.S. -, 137 S.Ct. 830, — Options: A. holding warrantless search of probationers home by law enforcement officer for investigatory purposes was reasonable when conditions of probation included a search term and search was supported by reasonable suspicion B. holding that injury to business or property was not limited to commercial interests C. holding warrantless surveillance of commercial property from utilitypole cameras that recorded for five months was not a search D. holding a warrantless search of cell phone contents did not exceed permissible scope of search incident to arrest E. holding lease of property was a commercial transaction where the property was for commercial ranching but a residence was maintained on the property

assistant: The best answer is C. holding warrantless surveillance of commercial property from utilitypole cameras that recorded for five months was not a search
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: 8.1.1 subject to meeting any requirements ( such as completing any verification processes ) set by the host , you can book a listing available on the airbnb platform by following the respective booking process .

assistant: None