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: statute authorizing the award of attorney fees in domestic relations cases, as it is currently written and interpreted by our courts, appears to apply only to the parties to the underlying proceeding and does not extend to third-party litigants. See § 40-4-7(A). {21} Husband argues that the district court, in awarding attorney fees against Fidel, could properly consider whether Fidel’s actions caused Husband to incur attorney fees by requiring enforcement through litigation. He relies upon Bustos, 2000-NMCA-040, ¶ 26, 128 N.M. 842, 999 P.2d 1074 (recognizing that a party’s actions that require enforcement through litigation is a factor to be considered in determining whether to award attorney fees under statute), and Herrera v. Herrera, 1999-NMCA-034, ¶ 20, 126 N.M. 705, 974 P.2d 675 (<HOLDING>). Bustos and Heir-era, however, involve Options: A. holding that bank was entitled to attorney fees on appeal when agreement did not prohibit such fees B. holding that wife was entitled to attorney fees when court enforced marital settlement agreement which husband refused to sign thus requiring enforcement through litigation and causing wife to incur attorney fees which would otherwise not have been incurred C. holding that because the wife failed to present any evidence as to the legal services performed in the trial court the wife was not entitled to a second hearing to establish attorneys fees D. holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted E. holding that the statute of frauds applies to a sellers wife holding only a dower interest in the property so the wife must sign the purchase agreement as well as the seller husband

assistant: The best answer is B. holding that wife was entitled to attorney fees when court enforced marital settlement agreement which husband refused to sign thus requiring enforcement through litigation and causing wife to incur attorney fees which would otherwise not have been incurred
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 consummation of the transactions contemplated hereby shall not contravene, violate or conflict with in any material respect, nor involve the Borrower, the Security Trustee, the Facility Agent or any Lender in any material violation of, any Contractual Obligation of the Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that the statute of limitations for class action members’ claims was tolled during the pendency of the class action); Munsterman v. Ill. Agric. Auditing Ass’n, 106 Ill.App.3d 237, 62 Ill.Dec. 125, 435 N.E.2d 923, 925-26 (1982) (citing American Pipe and agreeing that the plaintiffs action was tolled during the pendency of a class action; the statute of limitations clock restarted when the class action was dismissed); Arnold v. Dirrim, 398 N.E.2d 426, 439-40 (Ind.Ct.App.1979) (citing American Pipe and determining that filing of amended complaint, which sought to bring class action, constituted filing by all persons subsequently found to be class members, so that certain class members were not barred by statute of limitations); Lucas v. Pioneer, Inc., 256 N.W.2d 167, 180 (Iowa 1977) (<HOLDING>); Waltrip v. Sidwell Corp., 234 Kan. 1059, 678 Options: A. holding that the claims of the class representative and class members must be based on the same legal or remedial theory B. recognizing a narrow class of cases in which the termination of the class representatives claim for relief does not moot the claims of the class members C. holding that putative class members are not parties to an action prior to class certification D. holding that the filing of a class action by a class representative without standing tolls the period of limitations with regard to all asserted members of the class and that the amendment of the complaint by the addition of a class member with standing relates back to the original complaint E. holding that claims of parties properly members of the class who timely intervene in the proceedings below shall be deemed brought for limitation purposes when the appropriate defendant was legally served in the original litigation

assistant: The best answer is E. holding that claims of parties properly members of the class who timely intervene in the proceedings below shall be deemed brought for limitation purposes when the appropriate defendant was legally served in the original litigation
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 are granted only a limited and revocable right to use the service , subject to the terms of this agreement , and for personal use only , and under no circumstances are you acquired any right , interest or title to any part of the materials .

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 Borrower and each Lender hereby acknowledge and agree that JPMCB and/or its Affiliates from time to time may hold investments in, make other loans to or have other relationships with any Borrower and its Affiliates.

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 legal provision and list the applicable contract clause categories. Provision: If your employment with or service to the Company, a Subsidiary or an Affiliate terminates by reason of death, this Stock Option shall become fully vested and exercisable and may thereafter be exercised by your executor, administrator, legal representative, beneficiary or similar person until the date which is one year after the date of death, or if earlier, the expiration date of the term of this Stock Option.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any payment to any Participant or Beneficiary in accordance with the provisions of the Plan shall, to the extent thereof, be in full satisfaction of all claims against the Bank or the Plan, and the Administrator may require such Participant or Beneficiary, as a condition precedent to such payment, to execute a receipt and release (a “Release”) to such effect. If requested, such Release shall be executed by the Participant or Beneficiary within the reasonable time period designated by the Bank (not more than ninety (90) days) in order to assure that payments can be made within the time period specified in the Plan, but not prior to expiration of any period specified for revocation of such Release. If a Participant or Beneficiary does not sign and return the Release within the specified period, he or she will forfeit any payments contingent on the Release. If the period for signing and returning the Release designated by the Bank extends into a later taxable year, any payments contingent upon the Release will be made (or begin) in the later taxable year.

assistant: Releases
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: indictments filed longer than thirty days after an arrest which add charges to those contained in the original indictment do not violate the Speedy Trial Act. See, e.g., United States v. Mosquera, 95 F.3d 1012, 1013 (11th Cir.1996) (finding no Speedy Trial Act violation when superseding indictment adding new charges was filed following a mistrial based on the fact that the initial indictment was filed within the thirty-day period); United States v. Orbino, 981 F.2d 1035, 1037 (9th Cir.1992) (“A superseding indictment [adding charges] issued before the original indictment is dismissed may issue more than thirty days after the arrest. Not all charges must be filed within the first thirty day period.” (citations omitted)); United States v. Castellano, 848 F.2d 63, 65 (5th Cir.1988) (<HOLDING>); United States v. McCown, 711 F.2d 1441, Options: A. holding that when initial indictment was filed within the thirtyday period a superseding indictment filed outside the thirtyday window which did not change the original charges did not violate the speedy trial act B. holding that the dismissal of an indictment before trial and institution of a superseding indictment does not trigger double jeopardy C. holding that a subsequent indictment does not restart the thirtyday speedy trial clock but rather tolled it when the original indictment was dismissed the thirtyday period again continued to run it did not begin anew the second indictment was then filed before the thirtyday period expired therefore the filing of the second indictment even though filed after thirty days following defendants arrest did not violate his rights under the speedy trial act D. holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely E. holding that when first indictment was filed within the thirtyday period there is no speedy trial act violation when a subsequent indictment repeating one charge from the initial indictment and adding other counts is filed outside the thirtyday window

assistant: The best answer is D. holding initial indictment which was subsequently found to be invalid tolled the thirtyday period and superseding indictment alleging different charges based on same fraudulent acts as earlier indictment was therefore timely
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company is, and will be, duly organized, validly existing as a corporation and in good standing under the laws of the State of Delaware. The Company is, and will be, duly licensed or qualified as a foreign corporation for transaction of business and in good standing under the laws of each other jurisdiction in which its ownership or lease of property or the conduct of its business requires such license or qualification, and has all corporate power and authority necessary to own or hold its properties and to conduct its business as described in the Registration Statement and the Prospectus, except where the failure to be so qualified or in good standing or have such power or authority would not, individually or in the aggregate, have a material adverse effect or would reasonably be expected to have a material adverse effect on the assets, business, operations, earnings, properties, condition (financial or otherwise), prospects, stockholders’ equity or results of operations of the Company, or prevent or materially interfere with consummation of the transactions contemplated hereby (a “ Material Adverse Effect ”).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by governed by the laws of the State of New York, without regard to its conflict of laws principles. Subject to Section 3.06, each of the parties hereto irrevocably consents to the exclusive jurisdiction and venue of the courts of the State of New York, County of New York, or, if it has or can acquire jurisdiction, in the United States District Court for the Southern District of New York, in connection with any matter based upon or arising out of this Agreement or the matters contemplated herein, agrees that process may be served upon them in any manner authorized by the laws of the State of New York for such Persons and waives, and covenants not to assert or plead, any objection which they might otherwise have to such jurisdiction, venue and such process. Subject to Section 3.06, each party agrees not to commence any legal proceedings related hereto except in such courts.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: matter jurisdiction to try or liquidate Plaintiffs personal injury claims against either the bankruptcy estate or Defendant under 28 U.S.C. § 157(b)(5).”); Gary Brew Enterprises, 198 B.R. at 620 (“The filing of the Proof of Claim cannot be tantamount to consent where Congress has explicitly restricted this Court’s jurisdiction in § 157(b)(2)(B) and (5).”); Boyer, 93 B.R. at 318 (“[T]he Court, lacking subject matter jurisdiction, must dismiss the instant adversary proceeding.”). This Court agrees with the majority position and finds that it lacks subject matter jurisdiction to hear the Plaintiffs’ defamation claims. Because this Court is without jurisdiction to hear the defamation claims, it cannot hear the motion for summary judgment concerning such claims. See Moore, 358 B.R. at 252 (<HOLDING>); Patterson, 153 B.R. at 33 (“[T]he bankruptcy Options: A. holding that claims under 42 usc 1983 are not personal injury tort claims B. holding that district court should retain control over all aspects of personal injury tort claims including the resolution of pretrial motions C. holding that age discrimination is not a personal injury tort D. holding that sexual harassment is a personal injury tort E. holding that the united states court of federal claims lacks jurisdiction over claims sounding in tort including fraud

assistant: The best answer is B. holding that district court should retain control over all aspects of personal injury tort claims including the resolution of pretrial motions
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: trial judge was correct in his analysis. 5 . We note the inconsistency of the phrases “prima facie case” and “preponderance of the evidence” appearing in the same burden of proof. However, this is the United States Supreme Court's language. Interestingly, it is only used by the federal courts in discussing summary judgment; i.e., presumptions that arise from establishing a prima facie case of retaliation. Even the federal courts that have attempted to instruct a jury on the McDonnell Douglas analysis do not instruct on prima facie case. 6 . In Sanghvi v. City of Claremont, 328 F.3d 532 (9th Cir.2003), the Ninth Circuit Court of Appeals concluded that it was error to instruct the jury on the technical elements of the McDonnell Douglas burden shifting ana .3d 207, 221-222 (3rd Cir.2000) (<HOLDING>), cert. denied, 531 U.S. 1147, 121 S.Ct. 1086, Options: A. holding that although a jury instruction that included the phrase prima facie case and referred to defendants burden of production created a distinct risk of confusing the jury in certain instances it would be appropriate to instruct the jury on the elements of a prima facie case B. holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme C. holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error D. holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant E. holding that the failure to properly instruct the jury on the burden of proof required a new trial

assistant: The best answer is B. holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme
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 his fellow Thunderguards members to leave the hall and provide them with identification, a reasonable person would not have felt free to simply ignore the police presence.”); State’s May 12, 2011 Answering Supplemental Memorandum, at 1 ("Outside [the banquet hall], the encounter became less-than-consensual”). 19 . See Weddington v. State, 545 A.2d 607, 612 (Del.1988). 20 . Scheets, 188 F.3d at 836-37. 21 . Id. 22 .Title 24, chapter 13 does not impose criminal sanctions for the unauthorized delivery of private security services. Rather, the Delaware Board of Examiners of Private Investigators and Private Security Agencies has the power to impose a civil penalty up to $200 per day, for each violation. 24 Del. C. § 1311. See also Rickards v. State, 2011 WL 153643, at *1 (Del.2011) (<HOLDING>). Rickards is arguably distinguishable because Options: A. holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation B. holding that an officer can stop an individual if the officer has reasonable articulable suspicion that criminal activity is underfoot C. recognizing that police officer may stop a suspect if the officer has a reasonable suspicion supported by articulable facts that criminal activity may be afoot D. holding that a traffic stop is valid under the fourth amendment if the stop is based on an observed traffic violation or if the police officer has reasonable articulable suspicion that a traffic or equipment violation has occurred or is occurring E. holding that if an officer possesses an objectively reasonable suspicion that a traffic offense has been committed the officer may request identifying information from the driver

assistant: The best answer is A. holding that a police officer may stop a driver where the officer has a reasonable and articulable suspicion regarding the commission of a civil traffic violation
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: it leaves the tailoring of the relief to be granted, if any, to the district court’s sound discretion.” Zafiro, 506 U.S. at 538-39, 113 S.Ct. at 938. 15 . Among other things, the district court carefully instructed the jury that it must give separate consideration to the evidence as to each defendant, that each charge and the evidence pertaining to it should be considered separately, and the fact that the jury may find a particular defendant guilty or not guilty as to one of the offenses char .Ed.2d 752 (1978). 16 . Finally, Schmittzehe and Rushton contend that the district court lacked subject matter jurisdiction in this case because of § 2(b) of the McCarran-Ferguson Act, 15 U.S.C. § 1012(b). This argument is foreclosed by United States v. Cavin, 39 F.3d 1299, 1305 (5th Cir.1994) (<HOLDING>). 17 . In cases involving fraud or deceit, the Options: A. recognizing conflict B. holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision C. holding that the preemption provision of the act does not apply to a fraud prosecution because there is no conflict with state insurance regulation D. holding that in cases of a false conflict of law a court may apply the law of the forum state E. recognizing the conflict

assistant: The best answer is C. holding that the preemption provision of the act does not apply to a fraud prosecution because there is no conflict with state insurance regulation
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 Officers asked the defendant if he had a gun. He said he did, and they found it. It appears that this matter essentially was — well, at least initially was a consensual encounter. No attempt to flee. No attempt to mislead. A very straight forward encounter on both sides, it would appear. And very early on, the officers had a reasonable articulable suspicion of a crime having been committed, and the defendant having committed it. In fact, the suspicion was increased substantially when the defendant acknowledged that he had a gun. Therefore, it would appear that the consensual encounter masqueraded as a Terry stop. In other words, the district court ruled that the entire encounter did not violate the Fourth Amendment because the initial encountér was consensual, 2 (6th Cir.2003) (<HOLDING>). Mitchell also asserts that because flight and Options: A. holding that an officers observation of exchange of small object and money in a known drug trafficking area constituted reasonable suspicion B. holding that officers lacked reasonable suspicion to seize the defendant based on an anonymous call to a drug hotline about drug sales in a known hot spot stating that to allow the tip alone to establish reasonable suspicion would allow officers carte blanche to search every person in the vicinity C. holding that officers observation of a known drug dealer approaching the defendants car gave rise to reasonable suspicion D. holding that an anonymous tip that a person is carrying a gun without any corroborating evidence did not provide reasonable suspicion of criminal wrongdoing justifying the officers stop and frisk of that person E. holding an anonymous tip insufficient to support reasonable suspicion based on the fact that defendant was suspected of drug activity in his community failed to corroborate he currently was engaged in drug related activity and surveillance failed to uncover any independent information that defendant was engaged in any criminal activity

assistant: The best answer is B. holding that officers lacked reasonable suspicion to seize the defendant based on an anonymous call to a drug hotline about drug sales in a known hot spot stating that to allow the tip alone to establish reasonable suspicion would allow officers carte blanche to search every person in the vicinity
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: period normally was limited to the current fiscal year or legislative session, rarely reaching back more than a year. Though the time period of retroactivity is particularly long here, such a concern is in part offset by the failure of the Plaintiffs to articulate a vested right with which the New Law interferes, as well as by the specific context of trade duties. In examining the nature and circumstances of the New Law, the court notes that customs duties are to an extent unique from other government assessments in that there is no right to import, and where unfair trade remedies apply, those with goods that may be imported rarely can predict with accuracy what the duty will be. See Norwegian Nitrogen Prods. Co. v. United States, 288 U.S. 294, 318, 53 S.Ct. 350, 77 L.Ed. 796 (1933) (<HOLDING>). For example, when goods become the subject of Options: A. holding that the petitioner can claim no rate as a legal right other than the filed rate whether fixed or merely accepted by the agency commission B. recognizing that as with tax rates no one has a legal right to the maintenance of an existing rate or duty C. holding that with respect to the eaja the local or national market rate for legal services cannot be a special factor used to increase the rate beyond the statutory rate D. holding that once a rate is filed with the appropriate agency except for review of the agencys orders the courts can assume no right to a different rate on that ground that in its opinion it is the only or the more reasonable rate E. holding that a utility can claim no rate as a legal right that is other than the filed rate whether fixed or merely accepted by the commission

assistant: The best answer is B. recognizing that as with tax rates no one has a legal right to the maintenance of an existing rate or duty
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: Holder may hire or pay someone else to help collect this Note if Maker does not pay, which amount Maker agrees to repay to Holder. This includes, subject to any limits under applicable law, collection costs and fees, Holder’s attorney’s fees and Holder’s legal expenses, whether or not there is a lawsuit, including attorney’s fees, expenses for bankruptcy proceedings (including effort to modify or vacate any automatic stay or injunction), and appeals. Maker also will pay any court costs, in addition to all other sums provided by law.

assistant: Expenses
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: There is no action, suit or proceeding before any court, arbitrator or governmental body, agency or official pending, or to the knowledge of the Borrower or API, threatened, against API or any Restricted Subsidiary which in any manner seeks to avoid the obligations of the Borrower or any Guarantor hereunder or under the Credit Documents. As of the Effective Date, and except as publicly disclosed by API or the Borrower prior to the Effective Date, there is no action, suit or proceeding before any court, arbitrator or governmental body, agency or official pending, or to the knowledge of API or the Borrower, threatened, against API or any Restricted Subsidiary in which there is a reasonable possibility of an adverse decision which would be reasonably likely to materially and adversely affect the business, consolidated financial position or consolidated results of operations of API and its consolidated Subsidiaries, considered as a whole, except as disclosed (x) in the reports or financial statements referred to in Section 5.01(d) and on API’s report on Form 10-Q for the fiscal quarter ended March 31, 2015 or (y) in Schedule 5.01(e) .

assistant: Litigations
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: he signed the agreement. To combat recidivist probationers and parolees, the Bettendorf Police Department commonly relied on paragraph P of the standard terms of a parole agreement to conduct searches of parolees in the city. Its officers were made aware of the consent-search provision and received training in conducting parolee searches. More specifically, Bettendorf police officers implemented a protocol to check the Traveler Motel in Bettendorf several times each day as part of a routine patrol. The motel was known by the po S.Ct. 2014, 2022, 141 L.Ed.2d 344, 355 (1998); State v. Turner, 297 S.W.3d 155, 166 (Tenn.2009) (adopting Samson “where the parolee has agreed to warrantless searches by law enforcement officers”); State v. Velasquez, 612. P.2d 1254, 1260 & n. 4 (Utah 1983) (<HOLDING>); Pena v. State, 792 P.2d 1352, 1357-58 Options: A. holding a parole rule equivalent to a statute B. holding that the state courts decision to uphold the parole boards denial of parole was an unreasonable determination of the facts in light of the evidence C. holding that parole is not a right in pennsylvania D. holding defendant does not waive fourth amendment protection by signing parole agreement but the search condition does confirm right of parole officer to conduct reasonable searches within scope of parole mission E. holding that there was no legal right to court review of parole board decision because there is no legal right to release on parole

assistant: The best answer is D. holding defendant does not waive fourth amendment protection by signing parole agreement but the search condition does confirm right of parole officer to conduct reasonable searches within scope of parole mission
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: 7.3.5 you must provide an experience , event or other host service in person and may not allow any third party to provide the experience , event or other host service on your behalf , unless authorized by airbnb .

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: All news releases, publicity or advertising by Borrower or its Affiliates through any media intended to reach the general public which refers to the Loan Documents or the financing evidenced by the Loan Documents, to Lender, Wilmington Savings Fund Society, FSB or any of their Affiliates shall be subject to the prior written approval of Administrative Agent (for itself and on behalf of Lender) in its sole discretion, provided that Borrower and its Affiliates shall be permitted to make any disclosure required by any applicable federal or State securities laws, rules or regulations without the prior written approval of Administrative Agent. All news releases, publicity or advertising by Lender, Administrative Agent or any of their respective Affiliates through any media intended to reach the general public which refers to the Loan Documents or the financing evidenced by the Loan Documents, or to Borrower or its Affiliates shall be subject to the prior written approval of Borrower, not to be unreasonably withheld, conditioned or delayed, provided , that (i) any news releases, publicity or advertising issued in connection with a sale or other disposition of the Loan, or any portion thereof or required by applicable law and (ii) any marketing or other advertising in connection with the enforcement of Administrative Agent’s and/or Collateral Agent’s remedies after an Event of Default, shall not require the prior written approval of Borrower.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Change in Control of the Company, as defined in the McAfee Agreement, occurs during the Term, the Consultant shall be entitled to the compensation provided in Section 8(a) of this Agreement upon the subsequent termination of this Agreement by either the Company, or the Consultant within two years of the date upon which the Change in Control shall have occurred, unless such termination is a result of termination of the McAfee Agreement as a result of (i) death; (ii) Disability; (iii) Retirement; or (iv) Cause.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company has no subsidiaries except for its international subsidiaries, Harvard Apparatus Regenerative Technology GmbH, a German company, Harvard Apparatus Regenerative Technology AB, a Swedish company and Harvard Apparatus Regenerative Technology Limited, a company organized under the laws of the United Kingdom, which are not individually or in the aggregate material to the business or operations of the Company.

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: Unless otherwise expressly set forth in this Agreement, each Party will bear all of its own costs and expenses incurred in connection with this Agreement or its performance hereunder, including any development costs, sales and marketing costs, and support costs.

assistant: Expenses
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 is Solvent and the Loan Parties on a consolidated basis are Solvent. No transfer of Property is being made by any Loan Party or its Subsidiaries and no obligation is being incurred by any Loan Party or its Subsidiaries in connection with the transactions contemplated by this Agreement or the other Loan Documents with the intent to hinder, delay, or defraud either present or future creditors of any Loan Party or its Subsidiaries.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Gurmoe, 53 Wis.2d 390, 192 N.W.2d 892 (Sup.Ct.1972). Therefore, the Court elects to focus on the principles announced in the binding precedents when developing the standards to apply to the State’s hunting safety laws as applied to a tribal member exercising “in common” hunting rights. Before articulating these standards, the Court digresses to explain why a state has the authority to regulate “in common” hunting rights under appropriate standards for public-safety purposes. The Supreme Court and Ninth Circuit have emphasized that neither treaty nor non-treaty individuals may destroy the exercise of the “in common” rights of the other individuals. Fishing Vessel, 443 U.S. at 669, 99 S.Ct. 3055; see also Kennedy v. Becker, 241 U.S. 556, 563, 36 S.Ct. 705, 60 L.Ed. 1166 (1916) (<HOLDING>); United States v. Washington, 520 F.2d 676, Options: A. holding that because a waiver of immunity is altogether voluntary on the part of the tribe and thus the tribe may prescribe the terms and conditions on which it consents to be sued and the manner in which the suit shall be conducted the issue must be determined in the forum that the tribe has chosen for determination of the viability of claims against it to wit arbitration B. recognizing that neither the tribe nor the state may destroy the subject ie the fish over which they both enjoy the power to govern C. holding that this court does not have jurisdiction over plaintiffs claims because the court may review neither criminal matters nor the decisions of district courts D. holding that neither the tribe or its tribal court was necessary to the determination of the tribal courts jurisdiction given that the district courts judgment would be binding on the absent party and they did not have a legally protected interest at issue noting that the tribe was not a party to a relevant agreement or treaty with any party to the suit E. holding that the information must establish that the court has jurisdiction over both the subject matter and the parties

assistant: The best answer is B. recognizing that neither the tribe nor the state may destroy the subject ie the fish over which they both enjoy the power to govern
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower Representative shall provide prompt written notice of (i) the execution or filing with the IRS or any other Governmental Authority of any agreement or other document extending, or having the effect of extending, the period for assessment or collection of any Charges by any Credit Party or any of its Subsidiaries in connection with any IRS or other Governmental Authority audit or investigation, in each case, in respect of taxes or other liabilities (except for the filing by or on behalf of any Credit Party of any voluntary disclosure agreement or similar document, and any related filings, during the period ending on the first anniversary of the Closing Date, with respect to sales and use taxes attributable to any taxable period ending on or before the Closing Date) in excess of $1,500,000 or which could reasonably be expected to have a Material Adverse Effect and (ii) any agreement by any Credit Party or any of its Subsidiaries or request directed to any Credit Party or any of its Subsidiaries to make any adjustment under IRC Section 481(a), by reason of a change in accounting method or otherwise, which would reasonably be expected to 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: This Fifth Amendment may be executed by one or more of the parties hereto in any number of separate counterparts, and all of such counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Fifth Amendment by telecopy, facsimile or email transmission shall be effective as delivery of a manually executed counterpart of this Fifth Amendment.

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: the failure to prepare a memo is deemed a cover-up). And an employer’s investigation of an anonymous or disputed act of discrimination can be deemed to prolong and amplify the victim’s humiliation, or the failure to investigate may be deemed a cover-up. Keeping these considerations in mind, we see that the majority of incidents cited by Alfano are sex-neutral on their face. Facially neutral incidents may be included, of course, among the “totality of the circumstances” that courts consider in any hostile work environment claim, so long as a reasonable fact-finder could conclude that they were, in fact, based on sex. But this requires some circumstantial or other basis for inferring that incidents sex-neutral on their face were in fact discriminatory. Compare Howley, 217 F.3d at 155-56 (<HOLDING>), and Williams v. Gen. Motors Corp., 187 F.3d Options: A. holding that factfinder could reasonably infer that facially sexneutral incidents were sexbased where the perpetrator had previously made sexually derogatory statements B. holding that a witness could testify about statements made to him by a police department investigator because the statements were an admission by partyopponent and were thus not excluded by the hearsay rule C. holding that statements made in the course of negotiation were not contracts and such statements were merged into the final written agreement D. holding a social worker treating the child was permitted to testify to statements the child made about the abuse including the victims identification of the perpetrator because the statements were necessary to the treatment of ensuring the continued safety of the child E. holding that the litigation privilege did not preclude a malicious prosecution claim where the accusatorial statements that led to the plaintiffs arrest were made before the charges against him were filed and were not made during and were unrelated to the judicial proceeding

assistant: The best answer is A. holding that factfinder could reasonably infer that facially sexneutral incidents were sexbased where the perpetrator had previously made sexually derogatory 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 legal provision and list the applicable contract clause categories. Provision: The Seller hereby makes the representations and warranties set forth on Schedule I as to the Receivables sold, transferred, assigned, set over and otherwise conveyed to the Issuer under this Agreement on which such representations and warranties the Issuer relies in acquiring the Receivables. Such representations and warranties shall survive the Grant of the Receivables by the Issuer to the Indenture Trustee pursuant to the Indenture. Notwithstanding any statement to the contrary contained herein or in any other Transaction Document, the Seller shall not be required to notify any insurer with respect to any Insurance Policy obtained by an Obligor or to notify any Dealer about any aspect of the transaction contemplated by the Transaction Documents.

assistant: Representations
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: required to review the substance of the constitutional challenge to the (e)(9) aggravating circumstance which Fisher now pursues and, thus, the review was not independent of federal law. We disagree. In Mu’min v. Pruett, 125 F.3d 192 (4th Cir.1997), we rejected a similar claim that the Virginia Supreme Court implicitly considered and rejected a habeas applicant’s constitutional claims during its mandatory review of the applicant’s death sentence because the mandatory review procedures only required the Virginia Supreme Court to determine “whether the imposition of the death penalty was influenced by improper considerations,” and not to “examine the record for constitutional errors not specified on appeal.” Id. at 197; see Kornahrens v. Evatt, 66 F.3d 1350, 1362-63 (4th Cir.1995) (<HOLDING>); see also Bennett v. Angelone, 92 F.3d 1336, Options: A. holding a contemporaneous objection is required to preserve an issue for appellate review B. holding that south carolinas prior practice of in favorem vitae review did not preserve otherwise defaulted claims C. holding that dismissal of claim attacking sufficiency of a plea allocution by defendants failure to preserve the issue otherwise available on direct appeal for such review D. holding that general objection did not preserve error on appeal E. holding that litigant must object at trial to preserve error for review

assistant: The best answer is B. holding that south carolinas prior practice of in favorem vitae review did not preserve otherwise defaulted claims
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 agreement between the parties and supersedes all prior oral and written agreements between the parties hereto with respect to the subject matter hereof, including, but not limited to, the Previous Employment Agreement, which is terminated and no longer in force and effect. Neither this Agreement nor any provision hereof may be changed, waived, discharged or terminated orally, except by a statement in writing signed by the party or parties against which, enforcement or the change, waiver discharge or termination is sought. The Company and the Executive hereby agree that as of the Effective Date, the terms and conditions of the Previous Employment Agreement are terminated and no longer of force or effect.

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: questions ... the first is whether the individual, by his conduct, has exhibited a subjective expectation of privacy (that he seeks to preserve something as private), and the second question is whether the individual’s subjective expectation of privacy is one that society is prepared to recognize as reasonable (whether the individual’s expectation, viewed objectively, is justifiable under the circumstances). Id. at 26-27, 537 A.2d at 619-20 (citations omitted). In Ricks, appellants challenged the video surveillance of an apartment where they had been conducting illegal sales of narcotics. Id. at A.2d 172, 178-79 (1991) (finding that squatter could not claim Fourth Amendment right to privacy in abandoned structure); but cf. State v. Dias, 62 Haw. 52, 609 P.2d 637, 639-40 (1980) (<HOLDING>). The only definitive circumstance, apparently, Options: A. holding that the driver of a car who had permission to use the car had standing to challenge its search B. recognizing that standing is an essential component of our appellate jurisdiction and permitting party to appeal only after determining that they had met the requirements of article iii standing C. holding that passengers lacked any reasonable expectation of privacy and therefore had no standing to challenge the search of the vehicle D. holding that squatter had no standing to challenge search of abandoned house where he was staying E. holding that squatters on stateowned land had standing to challenge search consistent not only with reason but also with our traditional notions of fair play and justice

assistant: The best answer is E. holding that squatters on stateowned land had standing to challenge search consistent not only with reason but also with our traditional notions of fair play and justice