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: Landlord and Tenant each represent and warrant one to the other that except for the Brokers set forth in Paragraph 1 , neither of them has employed any broker in connection with the negotiations of the terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold harmless each other against any loss, expense or liability with respect to any claims for commissions, finder’s fees or brokerage fees arising from or out of any breach of the foregoing representation and warranty. Landlord shall be responsible for paying any commission due Landlord’s Broker in connection with this transaction pursuant to a separate written agreement between Landlord and Landlord’s Broker. Landlord's Broker shall be responsible for any payment due to Tenant's Broker pursuant to a separate written agreement between Landlord's Broker and Tenant's Broker.

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 legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the Company’s only Subsidiaries are set forth on Schedule 6(g) . The Company owns directly or indirectly, all of the equity interests of the Subsidiaries free and clear of any lien, charge, security interest, encumbrance, right of first refusal or other restriction, and all the equity interests of the Subsidiaries are validly issued and are fully paid, nonassessable and free of preemptive and similar rights.

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 legal provision and list the applicable contract clause categories. Provision: The Transactions (a) have been duly authorized by all requisite corporate and, if required, stockholder action and (b) will not (i) violate (A) any provision of law, statute, rule or regulation, or of the certificate or articles of incorporation or other constitutive documents or by-laws of Holdings, the Borrowers or with respect to each Borrower, any of their respective Restricted Subsidiaries, (B) any order of any Governmental Authority or (C) any provision of any indenture, material agreement or other material instrument to which Holdings, the Borrowers or with respect to each Borrower, any of their Restricted Subsidiaries is a party or by which any of them or any of their property is or may be bound, (ii) be in conflict with, result in a breach of or constitute (alone or with notice or lapse of time or both) a default under, or give rise to any right to accelerate or to require the prepayment, repurchase or redemption of any obligation under any such indenture, material agreement or other material instrument or (iii) result in the creation or imposition of any Lien upon or with respect to any material property or assets now owned or hereafter acquired by Holdings, the Borrowers or with respect to each Borrower, any of their respective Restricted Subsidiaries (other than any Lien created under the Security Documents).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges that the covenants and agreements that he has made in this Agreement are reasonable and are required for the reasonable protection of the UEBV Entities’ business and its goodwill. Executive agrees that the breach of any covenant or agreement contained herein will result in irreparable injury to the UEBV Entities, and that in addition to all other remedies provided by law or in equity with respect to the breach, the UEBV Entities will be entitled to (i) withhold any payments or portion thereof due Executive hereunder while Executive is in breach, and (ii) enforce the specific performance by Executive of Executive’s obligations hereunder and to enjoin Executive from engaging in any activity in violation hereof, all without the need of posting bond or any other security, and that no claim by Executive against any of the UEBV Entities will constitute a defense or bar to the specific enforcement of Executive’s obligations. Executive agrees that the UEBV Entities shall be entitled to recover all costs of successfully enforcing any provision of this Agreement, including reasonable attorneys’ fees and costs of litigation and any interest. Executive further agrees that the withholding of any payments or portion thereof due it by the UEBV Entities pursuant to this Paragraph 16 shall in no way be construed as a limitation to the amount of damages sustained by the UEBV Entities or to which the UEBV Entities may be entitled or as liquidated damages.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: claims court erred by dismissing the Club's action on public policy grounds. We conclude that the Club's complaint states a claim for fraud against the Minors and is sufficient to survive an Ind. Trial Rule 12(B)(6) challenge. This matter may become appropriate for summary judgment. However, at this stage of the proceedings, looking at the complaint in the light most favorable to the Club with every inference drawn in its favor, we must conclude that the allegations in the Club's complaint state a claim upon which relief may be granted and we cannot say that the Club's action is barred by public policy. Consequently, the small claims court erred by granting the Minors' motion to dismiss. See, e.g., Civil Rights Comm'n v. County Line Park, Inc., 738 N.E.2d 1044, 1050-1051 (Ind.2000) (<HOLDING>). For the foregoing reasons, we reverse the Options: A. holding that the trial court did not err by granting defendants motion for summary judgment B. holding that a trial court erred in granting a defendants motion to mitigate where the defendants original sentence was imposed pursuant to a negotiated plea agreement C. holding that the trial court erred by granting the defendants motion to dismiss D. holding that the court implicitly denied the plaintiffs motion to strike certain submissions because the court in its opinion granting defendants motion to dismiss relied on defendants materials E. holding that a trial court may rescind an order granting defendants motion for new trial within 75dayperiod allowed for ruling on the defendants motion

assistant: The best answer is C. holding that the trial court erred by granting the defendants motion to dismiss
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 capitalization of the Company as of the date of this Agreement is as set forth as follows: (i) 14,640,154 share of Common Stock outstanding; (ii) 100,000 shares of Series B Preferred Stock outstanding; (iii) 455,002 shares of Series C Preferred Stock outstanding; (iv) 378,776 shares of Series D Preferred Stock outstanding; (v) 10,000 shares of Series E Preferred Stock outstanding; (vi) outstanding options to purchase 2,716,000 shares of Common Stock; (vii) outstanding warrants to purchase 8,609,806 shares of Common Stock; and (viii) 1,690,909 shares of Common Stock that may be issued under convertible notes. No Person has any right of first refusal, preemptive right, right of participation, or any similar right to participate in the transactions contemplated by the Transaction Documents. Other than the Series B Preferred Stock, the issuance and sale of the Investor Shares will not obligate the Company to issue shares of Common Stock or other securities to any Person (other than the Investors) and will not result in a right of any holder of Company securities to adjust the exercise, conversion, exchange or reset price under any of such securities. The Company does not have any stock appreciation rights or “phantom stock” plans or agreements or any similar plan or agreement. All of the outstanding shares of capital stock of the Company are duly authorized, validly issued, fully paid and nonassessable, have been issued in compliance with all federal and state securities laws, and none of such outstanding shares was issued in violation of any preemptive rights or similar rights to subscribe for or purchase securities. No further approval or authorization of the Board of Directors or others is required for the issuance and sale of the Investor Shares. There are no stockholders agreements, voting agreements or other similar agreements with respect to the Company’s capital stock to which the Company is a party or, to the knowledge of the Company, between or among any of the Company’s stockholders.

assistant: Capitalization
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 First Amendment shall be governed by, and construed in accordance with, the laws of the State of New York pursuant to Section 5-1401 of the General Obligations Law without regard to its principles of conflicts of laws.

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: If any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance shall be held invalid, illegal or unenforceable in any respect by a Governmental Authority, such invalidity, illegality or unenforceability shall not affect any other provision hereof (or the remaining portion thereof) or the application of such provision to any other persons or circumstances. Upon such determination that any provision of this Agreement (or any portion thereof) or the application of any such provision (or any portion thereof) to any Person or circumstance is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties hereto as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we do not knowingly collect personal information from children under 13 , and if we learn that we have collected or received personal information from a child under 13 , we will delete that information 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: If Guarantor becomes liable for any Indebtedness owing by Borrowers to Banks, by endorsement or otherwise, other than under this Guaranty, such liability shall not be in any manner impaired or affected hereby and the rights of Agent and Banks hereunder shall be cumulative of any and all other rights that Agent and/or Banks may ever have against Guarantor. The exercise by Agent of any right or remedy hereunder or under any other instrument, or at law or in equity, shall not preclude the concurrent or subsequent exercise of any other right or remedy.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the defendant, that such contact with the juror was harmless to the defendant. Remmer v. United States, 347 U.S. 227, 229, 74 S.Ct. 450, 98 L.Ed. 654 (1954), citing Mattox v. United States, 146 U.S. 140, 150, 13 S.Ct. 50, 36 L.Ed. 917 (1892). Moreover, the Seventh Circuit has stated that “the unusual practice of a judge entering the jury room to speak privately with jurors is almost certain to run afoul of a defendant’s right to be present during trial proceedings.” United States v. Smith, 31 F.3d 469, 471 (7th Cir.1994). Before the Government is put to its burden of showing that an improper contact by an outsider with the jury is harmless, however, a defendant must first establish that an ex parte communication occurred. See Owen v. Duckworth, 727 F.2d 643, 646 (7th Cir.1984)(<HOLDING>); see also United States v. Wilson, 715 F.2d Options: A. holding that employer bears the burden of proving applicability of flsa exemptions B. holding that the defendant bears the burden of proving outside contact with the jury C. holding that the defendant bears the initial burden of demonstrating that the improper juror contact occurred and only if the contact is established must the government demonstrate absence of prejudice D. holding that the government bears the burden of proving voluntary consent under the totality of the circumstances E. holding defendant bears the burden of proving an accord and satisfaction defense

assistant: The best answer is B. holding that the defendant bears the burden of proving outside contact with the jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower has furnished to each Lender copies of (i) the audited consolidated balance sheet of the Parent and its consolidated Subsidiaries for the fiscal years ended December 31, 2015 and December 31, 2016, and the related consolidated statements of operations, shareholders’ equity and cash flow for the fiscal years ended on such dates, with the opinion thereon of Deloitte & Touche, and (ii) the unaudited consolidated balance sheet of the Parent and its consolidated Subsidiaries for the fiscal quarter ended March 31, 2017, and the related consolidated statements of operations, shareholders’ equity and cash flow of the Parent and its consolidated Subsidiaries for the three (3) fiscal quarters ended on such date. Such balance sheets and statements (including in each case related schedules and notes) are complete and correct in all material respects and present fairly, in accordance with GAAP consistently applied throughout the periods involved, the consolidated financial position of the Borrower and its consolidated Subsidiaries as of their respective dates and the results of operations and the cash flow for such periods (subject, as to interim statements, to changes resulting from normal year-end audit adjustments). Neither the Parent, the Borrower nor any consolidated Subsidiary has on the Agreement Date any material contingent liabilities, liabilities, liabilities for taxes, unusual or long-term commitments or unrealized or forward anticipated losses from any unfavorable commitments, except as referred to or reflected or provided for in said financial statements.

assistant: Financial Statements
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: a number of factors may impact the quality of your communications and use of the software , products ( depending on the products used ) or skype websites , and may result in the failure of your communications including but not limited to : your local network , firewall , your internet service provider , the public internet , the public switched telephone network and your power supply .

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: final under the AEDPA. We vacate the district court’s order because we find that the district court did not have jurisdiction to rule on Green’s motion for an extension of time absent the filing of a substantive section 2255 motion. In view of the facts of this case, however, the government has offered to waive its statute of limitations defense to permit Green to file a section 2255 motion. BACKGROUND A. Green’s Trial and Appeal On March 30, 1994, a jury returned guilty verdicts against Green for, inter alia, racketeering conspiracy, narcotics conspiracy, engaging in a continuing criminal enterprise and obstruction of justice, all arising out of Green’s role as the leader of the “L.A. Boys” gang in Buffalo, New York. See United States v. Workman, 80 F.3d 688, 691-92 (2d Cir.1996) (<HOLDING>). The district court sentenced Green to four Options: A. holding on direct appeal that the evidence showed that green was the leader of the la boys and that he had orchestrated the enterprises activities B. holding that defendant who was associated with the enterprise and engaged in a pattern of racketeering activity when he repeatedly violated the antifraud provisions of the securities laws was not liable under 1962c because he had no part in directing the enterprises affairs C. holding green vicariously liable even though green did not actively participate in the sale of the records and that it had no knowledge of the unauthorized manufacture of the records D. holding that the government had not produced evidence that the defendant intended to influence an official proceeding because the evidence showed only that he intended to influence the state civil proceedings that he had brought against his insurance agency E. holding that an issue not raised on direct appeal of sentence is barred by the law of the case from presentation in a subsequent appeal

assistant: The best answer is A. holding on direct appeal that the evidence showed that green was the leader of the la boys and that he had orchestrated the enterprises activities
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: must obtain a warrant, supported by probable cause and issued by a neutral magistrate. Commonwealth v. Petroll, 558 Pa. 565, 738 A.2d 993, 998 (1999). This rule is subject to limited exceptions, such as the existence of exigent circumstances. Id. at 999. To effectuate the rights guaranteed under the Fourth Amendment, in the early part of the last century, the United States Supreme Court adopted the exclusionary rule, which bars the use of evidence obtained through an illegal search and seizure. Weeks v. United States, 282 U.S. 383, 34 S.Ct. 341, 58 L.Ed. 652 (1914). Although the rule initially applied only to federal prosecutions, in Mapp v. Ohio, the high Court expanded the scope of the exclusionary rule to state prosecutions. 367 U.S. 643, 655, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961) (<HOLDING>). The high Court has repeatedly explained that Options: A. holding that direct and indirect evidence from unlawful searches is inadmissible B. holding all evidence obtained by searches and seizures in violation of the constitution is by that same authority inadmissible in a state court C. holding that evidence obtained through unconstitutional searches and seizures is inadmissible in state court D. holding that the fourth amendment proscription against unreasonable searches and seizures was applicable to the states under the fourteenth amendment so that evidence seized in violation of the constitution could no longer be used in state courts E. holding that evidence obtained by improper search or seizure is inadmissible

assistant: The best answer is B. holding all evidence obtained by searches and seizures in violation of the constitution is by that same authority inadmissible in a state 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: decision that Detective Clark was not entitled to rely in good faith on the warrant issued by the commissioner. Whether a law enforcement officer reasonably relied upon a subsequently invalidated search warrant is a legal question which we review de novo. See United States v. Koerth, 312 F.3d 862, 865 (7th Cir.2002). A. The Foundations and Purpose of the Exclusionary Rule Simply stated, “[t]he exclusionary rule operates to prevent the Government from using evidence seized as the result of an illegal search in a subsequent criminal prosecution.” United States v. McGough, 412 F.3d 1232, 1239 (11th Cir.2005). It has existed, in some form, as part of our constitutional jurisprudence for over one hundred years. See Boyd v. United States, 116 U.S. 616, 638, 6 S.Ct. 524, 29 L.Ed. 746 (1886) (<HOLDING>). Although commentators have articulated Options: A. holding statute requiring parties in tax suit to take notice of subsequent pleadings was not unconstitutional when city failed to take such notice B. holding that where it was erroneous for the district court to take judicial notice it certainly cannot be said that such notice was mandatory and therefore ire 201d is inapplicable C. holding that a notice to produce personal papers was unconstitutional and void and that the inspection by the district attorney of said invoice when produced in obedience to said notice and its admission in evidence by the court were erroneous and unconstitutional proceedings D. holding that notice to the attorney of record constitutes notice to the petitioner E. holding that a defendant is not entitled to relief from default judgment because notice to an attorney of filing of motions and orders is constructive notice to the client even when the client did not have actual notice

assistant: The best answer is C. holding that a notice to produce personal papers was unconstitutional and void and that the inspection by the district attorney of said invoice when produced in obedience to said notice and its admission in evidence by the court were erroneous and unconstitutional proceedings
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: criminal activity” that “occurred during the commission of the offense of convictionU.S.S.G. § lB1.3(a)(l)(B). When the offense involves conspiracy or a jointly undertaken criminal venture, we require the defendant to disclose not only everything he knows about his own actions, but also everything he knows about his co-conspirators. Acosta-Olivas, 71 F.3d at 378; see also United States v. O’Dell, 247 F.3d 655, 675 (6th Cir.2001) (“Application of the safety valve provision not only requires a defendant to admit the conduct charged, but it also imposes an affirmative obligation on the defendant to volunteer any information aside from the conduct comprising the elements of the offense.”) (internal quotations and citation omitted); United States v. Sabir, 117 F.3d 750, 753 (3d Cir.1997) (<HOLDING>). The disclosure must “not merely [be] truthful Options: A. holding subsection a5 requires a defendant to reveal a broader scope of information about the relevant criminal conduct to the authorities B. holding the government did not violate its plea agreement with a defendant because in addition to specifically retaining the right to comment at the sentencing hearing concerning defendants conduct and background the prosecuting attorney had a duty to bring all relevant information about defendant to the courts attention at the time of sentencing C. holding that public interest in individuals alleged involvement in criminal activity insignificant because disclosure would reveal little to nothing about agency conduct let alone conduct of the agency possessing the documents D. holding that the victims negligence is not a defense to criminal conduct E. holding that because the line of questioning was not relevant to the credibility of the witness and sought information about which the witness had no knowledge it was not a constitutional violation to sustain the objection

assistant: The best answer is A. holding subsection a5 requires a defendant to reveal a broader scope of information about the relevant criminal conduct to the authorities
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 Finance Parties agree that this Agreement may be enforced only by the action of the Administrative Agent (acting upon the instructions of the Required Lenders if required under the Loan Documents) and that no other Finance Party shall have any right individually to seek to enforce this Agreement, it being understood and agreed that such rights and remedies may be exercised by the Administrative Agent for the benefit of the Finance Parties upon the terms of this Agreement; provided, however, that the foregoing shall not prohibit (i) any Lender from exercising setoff rights in accordance with Section 5.01 or (ii) any Lender from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to the Guarantors under any Debtor Relief Law; and provided, further, that if at any time there is no Person acting as Administrative Agent hereunder and under the other Loan Documents, then in addition to the matters set forth in the preceding proviso and subject to the Credit Agreement, any Lender may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.

assistant: Enforcements
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: You currently have Options granted to you under the Company’s 2013 Stock Incentive Plan for Key Employees of Gardner Denver Holdings, Inc. (f/k/a Renaissance Parent Corp.) and its Subsidiaries, the Stock Option Agreement dated as of May 10, 2016 (the “ May Stock Option Agreement ”) and Stock Option Agreement dated as of December 9, 2016 (the “ December Stock Option Agreement ”), and the Management Stockholder’s Agreement dated as of May 10, 2014 (collectively, the “ MEP Grant Documents ” ) that are unvested as of the Termination Date (the “ MEP Unvested Options ”). Notwithstanding anything to the contrary in the MEP Grant Documents, but provided you continue to comply with the terms of this Agreement (including without limitation paragraph 8-12), the MEP Unvested Options will not be forfeited on the Termination Date and instead will continue to vest in accordance with the terms of the MEP Grant Documents as if you remained an employee of the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: A New Jersey court in Shatz v. TEC Tech. Adhesives, 415 A.2d 1188, 1194 (N.J. Super. Ct. App. Div. 1980), determined that an expert on the properties of the product could testify on the adequacy of warnings: While it is true that the judge could find that [the proffered expert] had no special expertise in the actual writing of labels, certainly his knowledge of the product was sufficient to permit him to state a conclusion as to the adequacy of the warnings. . . . To know the sufficiency of warnings it is not necessary to be a writer [of warnings]. An Indiana court made a similar ruling that whether a witness has "special training or experience in reading and writing warnings ... is not the test" for whether the witness is qualified to give an expert opinion o 528 (D.P.R. 1997) (<HOLDING>); Cummins v. Lyle Industries, 93 F.3d 362 (7th Options: A. holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge that would assist the trier of fact the court never indicated that such specialized knowledge should be in the area of warnings B. holding that witness possessed specialized knowledge so as to qualify as an expert in commercial sexual exploitation of adults and juveniles C. holding that a lay witness could not offer opinion testimony that required technical or specialized knowledge of what security measures could or should have been taken to prevent a crime D. holding that the standard of care applicable to a reasonable pharmaceutical company marketing product after minimum testing and without a warning does not entail specialized knowledge or skill unique to a scientific discipline and beyond the knowledge and experience of the average jury E. holding that daubert applies not only to testimony based on scientific knowledge but also to testimony based on technical and other specialized knowledge

assistant: The best answer is A. holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge that would assist the trier of fact the court never indicated that such specialized knowledge should be in the area of warnings
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 multitude of cases that find a strong nexus between language and national origin. Although no court has explicitly held that language is a proxy for national origin, in the equal protection context, the Supreme Court has recognized that language may serve as an adjunct for an immutable characteristic: “It may well be, for certain ethnic groups and in some communities, that proficiency in a particular language, like skin color, should be treated as a surrogate for race under an equal protection analysis.” Hernandez v. New York, 500 U.S. 352, 371-72, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991). And, the Supreme Court and many lower courts have recognized the significant overlap and inherent correlation between language and national origin. See, e.g. Lau, 414 U.S. at 568-69, 94 S.Ct. 786 (<HOLDING>); Espinoza v. Fa-rah Mfg. Co., 414 U.S. 86, Options: A. holding that failure to provide educational assistance to nonenglishspeaking students constituted national origin discrimination under title vi B. holding that a plaintiff can sue for retaliation under title vi C. holding that texas twoyear statute of limitations applied to section 1981 action for discrimination on the basis of national origin D. holding that because the proper defendant in a title vi case is an entity rather than an individual plaintiff could not be sued in his individual capacity under title vi E. holding accent discrimination may be actionable as national origin discrimination under title vii citing with approval eeoc guidelines defining national origin discrimination to include discrimination based on the linguistic characteristics of a national origin group

assistant: The best answer is A. holding that failure to provide educational assistance to nonenglishspeaking students constituted national origin discrimination under title vi
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: It is the express intention of the parties that the agreements contained herein shall have the widest application possible. If any agreement contained herein is found by a court having jurisdiction to be unreasonable in scope or character, the agreement shall not be rendered unenforceable thereby, but rather the scope or character of such agreement shall be deemed reduced or modified with retroactive effect to render such agreement reasonable and such agreement shall be enforced as thus modified. If the court having jurisdiction will not review the agreement, then the parties shall mutually agree to revise the unenforceable provision to as close as permitted by law to the provision declared unenforceable. The parties further agree that in the event a court having jurisdiction determines, despite the express intent of the parties, that any portion of any covenant or agreement contained herein is not enforceable, the remaining provisions of this Agreement shall nonetheless remain valid and enforceable.

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 case excerpt and choose the best holding from the options. Case excerpt: authority must “be derived from the plain wording of the statutes.” Arem, 154 So.3d at 363-64. In addition, we have no quarrel with the Arem court’s conclusion that “[ijn Florida ... only law enforcement officers and [TIEOs] are entitled to determine who gets prosecuted for a red light violation.” Id. at 364 (citing §§ 316.0083(3), .640(5)(a)). However, we part company with the Fourth District when it concludes that “the TIEO[ ] merely acquiesces in the vendor’s decision to issue the citation,” and that under the initial review of the computer images of purported violations that the processors exercise “unfettered discretion to decide which images are sent to the TIEO[ ] and which ones are not.” Id. at 365. Undoubtedly, section 316.0083(l)(a) permits “a review of information fro 0) (<HOLDING>). Although ATS processors initially screen the Options: A. holding that to the extent the staff of the casino control commission erred in approving payment on outstanding counter checks at branch offices the commission properly exercised its authority to reopen and vacate the approvals B. holding that the legislature granted exclusive authority over ratemaking to the public service commission C. holding sec decision reviewable when commission has reviewed staff decision D. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service E. holding that the florida public service commission did not improperly delegate to its staff the authority to approve a revised supplemental service rider when the staff merely carried out the ministerial task of seeing whether the conditions specified by the board were met

assistant: The best answer is E. holding that the florida public service commission did not improperly delegate to its staff the authority to approve a revised supplemental service rider when the staff merely carried out the ministerial task of seeing whether the conditions specified by the board were met
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: At all times, both before and after repayment of the Loan, at its sole cost and expense defend, indemnify, exonerate and save harmless the Administrative Agent and each of the Lenders and all those claiming by, through or under the Administrative Agent and each of the Lenders as required by Section 15.9.2.

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: Notwithstanding anything set forth in Sections 2.2(a) to the contrary, after a Change in Control, in the event that the Director is removed as a director of the Board other than for Cause within 12 months after such Change in Control and prior to the Vesting Date, the DSUs shall become fully vested as of the date of such removal.

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 case excerpt and choose the best holding from the options. Case excerpt: district court suggested that RICO claims and the inequitable conduct defense are mutually exclusive remedies. The district court noted that the affirmative defense of inequitable conduct supplies an adequate remedy by rendering the patent unenforceable and possibly also entitling the alleged infringer to attorney fees under 35 U.S.C. § 285. Samsung disputes that the federal patent laws preempt its state RICO counterclaims, noting that the patent statute nowhere expressly excludes RICO remedies. Samsung claims that SEL’s misconduct is not a “garden-variety” instance of inequitable conduct, and emphasizes the Supreme Court’s recognition of concurrent RICO and state law remedies for a single activity. See Humana, Inc. v. Forsyth, 525 U.S. 299, 303, 119 S.Ct. 710, 142 L.Ed.2d 753 (1999) (<HOLDING>). Samsung also notes that the New Jersey RICO Options: A. holding a state has a substantial interest in regulating the practice of law within the state B. holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law C. holding that a statute of general applicability was not enacted for the purpose of regulating the business of insurance D. holding pennsylvania statute regulating subrogation is a law regulating insurance E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is B. holding that the mccarranferguson act which bars application of a federal law in the face of a state law enacted for the purpose of regulating the business of insurance did not preclude the concurrent assertion of the federal rico statute and nevada insurance law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Guarantor agrees that, to the fullest extent permitted by applicable law, as between the Guarantor on the one hand and the Managing Administrative Agent and the Lenders on the other, the obligations of any Subsidiary Borrower under this Agreement may be declared to be forthwith due and payable as provided in Section 7 (and shall be deemed to have become automatically due and payable in the circumstances provided in Section 7) for purposes of Section 10.1 notwithstanding any stay, injunction or other prohibition preventing such declaration (or such obligations from becoming automatically due and payable) as against any Subsidiary Borrower and that, in the event of such declaration (or such obligations being deemed to have become automatically due and payable), such obligations (whether or not due and payable by such Subsidiary Borrower) shall forthwith become due and payable by the Guarantor for purposes of Section 10.1.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in one or more counterparts, each of which shall for all purposes be deemed to be an original but all of which together shall constitute one and the same Agreement. Only one such counterpart signed by the party against whom enforceability is sought needs to be produced to evidence the existence of this Agreement.

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: Except as expressly set forth herein, nothing contained herein shall be deemed to constitute a waiver of compliance with any term or condition contained in the Loan Agreement or any other Loan Document or constitute a course of conduct or dealing among the parties. Except as expressly stated herein, Lender reserves all rights, privileges and remedies under the Loan Documents. All references in the Loan Documents to the Loan Agreement shall be deemed to be references to the Loan Agreement, as modified hereby. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Lender under the Loan Agreement or any of the Loan Documents.

assistant: No Waivers
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower and each other Loan Party will use the proceeds of the Revolving Credit Advances for lawful, general business purposes. Neither the Borrower nor any other Loan Party will use any of the proceeds of the Revolving Credit Advances to purchase or carry any “margin stock” (as defined in Regulation U). The Borrower will not request any Loan or Facility Letter of Credit, and the Company and the Borrower shall not use, and shall procure that their respective Subsidiaries shall not use, the proceeds of any Loan or Facility Letter of Credit in any manner which would result in any violation of Anti-Corruption Laws or applicable Sanctions.

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

user: 1. The term “Confidential Information” shall mean any confidential, proprietary, financial or otherwise non-public information, in written or electronic form, relating to the Disclosing Party, or the Purpose that is disclosed before, on or after the Effective Date, by the Disclosing Party to the Recipient or its affiliates, or to any of such Recipient’s or its affiliates’ employees, officers, directors, partners, shareholders, agents, attorneys, accountants or advisors (collectively, “Representatives”), whether disclosed or accessed in written, electronic or other form, including, without limitation: 3. Recipient shall not, and shall cause its Representatives not to, (a) disclose all or any portion of Confidential Information to any third parties (other than to its Representatives who need to know the Confidential Information to assist Recipient in its evaluation of the Purpose), or Notwithstanding anything to the contrary contained in this Agreement, Disclosing Party acknowledges and agrees that (a) the Recipient is expressly authorized to disclose the Confidential Information to certain lenders and investors, in furtherance of Recipient’s performance of its obligations with respect to the Purpose and (b) under no circumstances will Recipient have any liability for any disclosure by such lenders or investors of any of the Confidential Information. 4. Except as otherwise provided in this Agreement, without the prior written consent of the Disclosing Party, Recipient shall not disclose to any person or entity (other than its Representatives who are involved in its evaluation of the Purpose) any information with respect to the occurrence or content of any discussions or negotiations between the Parties.

assistant: Yes
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: this issue because Mr. Hayre cannot prove that the missing SMRs would manifestly change the outcome of the 1972 rating decision. Consequently, we affirm the decision by the Court of Appeals for Veterans Claims holding that Mr. Hayre’s claim of CUE was not well-grounded. Furthermore, a breach of the duty to assist in this case would not be an error of the sort that should be contemplated in the CUE analysis because the original RO decision in 1972 is not final for purposes of appeal. tating that where an appellant and his representative had not properly been furnished with a Statement of the Case, the period in which to appeal the adjudicative determination in question never commenced to run and that determination was not final); see also Ashley v. Derwinski, 2 Vet.App. 307, 311 (1992) (<HOLDING>). A breach of the duty to assist in which the Options: A. holding that although the state court affirmed the zoning board of appeals dismissal of plaintiffs appeal the statecourt judgment did not trigger rookerfeldman where the complaint did not allege that the judgment itself violated federal law B. holding that a court of veterans appeals decision interpreting 38 usc 8713 overruling the secretarys prior interpretation and remanding back to the board was a final and appealable decision C. holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal D. holding vagenerated documents to be in the possession of the secretary and the board at the time of the board decision and thus constructively part of the record of proceedings as mandated by 38 usc 7252b E. holding that where the board did not mail decision in accordance with the provisions of 38 usc 7104e the period within which to appeal to the court of appeals for veterans claims did not commence to run

assistant: The best answer is E. holding that where the board did not mail decision in accordance with the provisions of 38 usc 7104e the period within which to appeal to the court of appeals for veterans claims did not commence to run
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Note Purchase Documents represent the final, entire agreement between the parties regarding the subject matter hereof and may not be contradicted by evidence of prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements between the parties.

assistant: Entire Agreements