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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in particular , you represent and warrant that you : ( a ) are not a prohibited party identified on any government export exclusion lists ( see http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm ) or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations ; ( b ) will not transfer software , technology , and other technical data via the yahoo services to export-prohibited parties or countries ; ( c ) will not use the yahoo services for military , nuclear , missile , chemical or biological weaponry end uses in violation of u.s. export laws ; and ( d ) will not transfer , upload , or post via the yahoo services any software , technology or other technical data in violation of u.s. or other applicable export or import laws .

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: relief against eleven of Defendants’ store locations. District courts have differed as to how far associational standing will extend in an ADA case when the defendant is a nationwide chain. Some courts have held that an organization lacks representative standing to sue on behalf of unnamed members and therefore can seek injunctive relief only against those specific locations at which a named member has encountered alleged ADA violations. See Hilton Hotels, 2009 WL 6067336, at *5, 2009 U.S. Dist. LEXIS 126645, at *14 (finding allegations that “unnamed members encountered accessibility barriers at various unnamed Hilton hotels” was “simply too vague” to confer associational standing on an organizational plaintiff); see also Clark v. Burger King Corp., 255 F.Supp.2d 334, 345 (D.N.J.2003) (<HOLDING>). These courts would require a plaintiffs Options: A. holding that the organizational plaintiff has representative standing to assert ada violations only in so far as the named member has standing B. holding that organizational standing is proper where the challenged conduct has directly harmed an organizations ability to provide services C. holding that organizational plaintiff failed to establish standing to challenge creche D. holding that where one plaintiff has standing we need not consider whether the other individual and corporate plaintiffs have standing to maintain the suit E. holding that after a class is certified the controversy may exist between a named defendant and a member of the class represented by the named plaintiff even though the claim of the named plaintiff has become moot

assistant: The best answer is A. holding that the organizational plaintiff has representative standing to assert ada violations only in so far as the named member has standing
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: contents, substance, purport, effect, or meaning of such intercepted communication to any person. No person st, 988 F.Supp. 107, 110 (E.D.N.Y.1997) (determining that both provisions applied when defendant illegally intercepted and broadcast a pay-per-view boxing event); Home Box Office v. Gee-Co, Inc., 838 F.Supp. 436, 439 (E.D.Mo.1993) (finding that defendant’s unauthorized interception of cable communications services violated Section 553 and its unauthorized display of a satellite broadcast boxing event violated Section 605, where both violations were committed through the use of a satellite receiver with a “pirate chip” installed); but see United States v. Norris, 88 F.3d 462, 468-69 (7th Cir.1996) (citing H.R. Rep. No. 934, at 83-84, reprinted in 84 U.S.C.C.A.N. at 4720-21) (<HOLDING>). The Fifth Circuit has not yet addressed this Options: A. holding that unauthorized interception of cable television programming traveling through the air is governed by section 605 while the unauthorized interception of cable television programming through a cable network is governed by section 553 B. holding that section 20 claims are governed by section 1658b bjecause section 20 merely creates a derivative liability for violations of other sections of the act C. holding that the admissibility of expert testimony was governed by state law D. holding claim that an assessment is made in violation of section 193155 is an action to contest an assessment and is governed by section 1941712 E. recognizing that it is an open question whether drpa is a federal agency governed by the apa or a state agency governed by state administrative law

assistant: The best answer is A. holding that unauthorized interception of cable television programming traveling through the air is governed by section 605 while the unauthorized interception of cable television programming through a cable network is governed by section 553
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: sex offenses, robbery, arson, extortion, extortionate extension of credit, and burglary of a dwelling. Other offenses are included as “crimes of violence” if (A) that offense has as an element the use, attempted use, or threatened use of physical force against the person of another, or (B) the conduct set forth (i e., expressly charged) in the count of which the defendant was convicted involved the use of explosives (including any explosive material or destructive device) or, by its nature, presented a serious potential risk of physical injury to another. (Emphasis added.) The guidelines, therefore, categorically define manslaughter, whether voluntary or involuntary, as a “crime of violence” for guidelines purposes. See also United States v. Sanders, 97 F.3d 856, 859-60 (6th Cir.1996) (<HOLDING>). Thus, in calculating the appropriate Options: A. holding that a court must only look to the statutory definition not the underlying circumstances of the crime to determine whether a given offense is by its nature a crime of violence for purposes of 18 usc 16 B. holding that the definition of a violent felony is nearly identical to the definitions of a crime of violence used in the guidelines C. holding for the purposes of 18 usc 924e that being a felon in possession of a firearm is not a violent felony as defined in 18 usc 924e2b D. holding that the categorical approach applies to the identical definition of crime of violence in 18 usc 16 E. holding that for purposes of 18 usc 924e involuntary manslaughter in ohio is a violent felony the definition of which is identical for all relevant purposes to the definition of crime of violence in 4b12a

assistant: The best answer is E. holding that for purposes of 18 usc 924e involuntary manslaughter in ohio is a violent felony the definition of which is identical for all relevant purposes to the definition of crime of violence in 4b12a
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: alleging the tort of false light needs to plead and prove special damages. Our supreme court has noted that false light is "closely allied" with a defamation action and that "the same considerations apply" to both claims. Jacob v. Bezzant 2009 UT 37, ¶ 21, 212 P.3d 535 (citation and internal quotation marks omitted). However, the supreme court has not explicitly addressed whether a requirement to plead special damages is one of the "same considerations" in a defamation claim that applies to false light. Looking to other jurisdictions, we find that some states appear to require special damages to be pleaded as an element of a false light claim, while others do not. Compare, e.g., Fellows v. National Enquirer, Inc., 42 Cal.3d 234, 228 Cal. Rptr. 215, 721 P.2d 97, 105-09 (1986) (in bank) (<HOLDING>), and Schaffer v. Zekman, 196 Ill.App.3d 727, Options: A. holding that a claim for falselight invasion of privacy requires the pleading of special damages B. holding that false arrest and false imprisonment claim were not duplicative C. holding that the offense requires that the return be false as to a material matter D. holding that a false light claim requires pleading and proof of special damages E. holding that fraud claim requires proof that the defendant made a material representation that was false

assistant: The best answer is D. holding that a false light claim requires pleading and proof of special damages
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 notices, approvals, consents and other communications hereunder shall be in writing, and, except when receipt is required to start the running of a period of time, shall be deemed given when delivered in person or on the fifth day after its mailing by either party by registered or certified United States mail, postage prepaid and return receipt requested, to the other party, at the addresses set forth after their respect name below or at such different addresses as either party shall have theretofore advised the other party in writing in accordance with this Section 7.1 .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in addition , graphics , logos , page headers , button icons , scripts , and service names included in or made available through any amazon service are trademarks or trade dress of amazon in the u.s. and other countries .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note and any amendments to it may be executed in any number of counterparts each of which taken together shall be deemed to constitute one and the same agreement and each of which individually shall be deemed to be an original, with the same effect as if the signature on each counterpart were on the same original. Delivery of an executed counterpart of this Note by facsimile or transmitted electronically in either a Tagged Image Format File (“ TIFF ”) or Portable Document Format (“ PDF ”) shall be equally effective as delivery of a manually executed counterpart of this Note.

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: For and in consideration of the covenants and promises contained herein and in the Split-Off Agreement, the receipt and sufficiency of which are hereby acknowledged, Buyer, for itself and on behalf of the Subsidiaries (as defined in a Split-Off Agreement between the Seller and Buyer dated the date hereof (the “Split-Off Agreement”)), itself and its assigns, representatives and agents, if any, hereby covenants not to sue and fully, finally and forever completely releases Seller, along with its present, future and former officers, directors, stockholders, members, employees, agents, attorneys and representatives (collectively, the “Seller Released Parties”), of and from any and all claims, actions, obligations, liabilities, demands and/or causes of action, of whatever kind or character, whether now known or unknown, which Buyer or the Subsidiaries have or might claim to have against the Seller Released Parties for any and all injuries, harm, damages (actual and punitive), costs, losses, expenses, attorneys’ fees and/or liability or other detriment, if any, whenever incurred or suffered by Buyer or a Subsidiary arising from, relating to, or in any way connected with, any fact, event, transaction, action or omission that occurred or failed to occur on or prior to the date of the closing of the Merger (as defined in the Split-Off Agreement).

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 legal provision and list the applicable contract clause categories. Provision: Each Grantor hereby waives, to the extent permitted by applicable Laws, all rights of redemption, appraisement, valuation, stay, extension or moratorium now or hereafter in force under any applicable Laws in order to prevent or delay the enforcement of this Agreement or the absolute sale of the Collateral or any portion thereof. In the event that the proceeds of any sale, collection or realization are insufficient to pay all amounts to which the Administrative Agent or the Secured Parties are legally entitled, the Grantors shall be jointly and severally liable for the deficiency together with the costs of collection and the fees, charges and disbursements of counsel in accordance with the Credit Agreement. Any surplus remaining after the full payment and satisfaction of the Secured Obligations shall be returned to the Grantors or to whomsoever a court of competent jurisdiction shall determine to be entitled thereto.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: between her ankle injury and her employment, neither the hearing officer nor the full Board ever reached the question of whether Milledge's infection and subsequent amputation were causally connected to her ankle injury. Therefore this cause is remanded to the Board for consideration of this issue. Conclusion We conclude that an injury resulting from an unexplained accident falls under the category of a neutral risk, one neither distinctly personal to the claimant nor distinctly associated with the employment. We conclude also that in the case of a neutral risk, the positional risk doctrine applies. As applied in this case, Milledge would not have been at the place where she injured her ankle injury but for the duties of her employment. Consequently, a presumpt 83, 786 (1970) (<HOLDING>); United Fire & Cas. Co. v. Maw, 510 N.W.2d Options: A. recognizing that an injury arises out of the employment relationship if it can be traced to the nature of employment or the workplace environment B. holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment C. holding that it is the claimants burden to show that the injury was the result of an accident that not only arose in the course of the employment but that it also grew out of or resulted from the employment D. holding that where an employee is fatally injured in an unexplained assault there is a rebuttable presumption that the employees death arose out of the employment E. holding that in determining whether an accident arose out of employment the issue is whether the employees employment brought him in contact with the risk that in fact caused his injuries

assistant: The best answer is B. holding that where the employment of the injured employees was the occasion of the injury the injuries arose out of employment
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: 66 (7th Cir.1986) (citing 18 U.S.C. § 4082(b) (providing that the Attorney General “may at any time transfer a person from one place of confinement to another”)). Once the officials demonstrate a legitimate, non-retaliatory reason independent of the litigation in support of their application, an opposing inmate must establish that “the transfer would deprive the court of jurisdiction or substantially complicate the conduct of the litigation.” Id. Mr. Strachan has not argued he has suffered such prejudice; rather, he prevails in this appeal, and the appropriate respondent to his petition remains unchanged by his transfer. Nor does he seek retransfer as a remedy to effect compliance with Rule 23(a), but the inapposite remedy of his expected work abatement. See Goodman, 663 F.2d at 1047 (<HOLDING>). The motion is therefore denied. VACATED and Options: A. holding that an error must have a substantial and injurious effect on the verdict to entitle a petitioner to habeas relief B. holding that invited error does not entitle the defendant to any relief and of which he will not be heard to complain on appeal C. holding that under preaedpa law a habeas petitioner is entitled to an evidentiary hearing so long as his allegations if true and if not contravened by the existing factual record would entitle him to habeas relief D. holding that anonymous letter was insufficient to entitle petitioner to hearing E. holding violation of rule 23a does not entitle petitioner to habeas relief

assistant: The best answer is E. holding violation of rule 23a does not entitle petitioner to habeas relief
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 shall not, nor shall it permit any Subsidiary to, enter into any Sale and Leaseback Transaction, other than Sale and Leaseback Transactions in respect of which the Net Proceeds received in connection therewith does not exceed an aggregate amount of $25,000,000 during the term of this Agreement, determined on a consolidated basis for the Borrower and its Subsidiaries.

assistant: Sales
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 to the contrary contained in the Lease, each party agrees that the terms and provisions of this Amendment are confidential and constitute proprietary information of the parties and shall be governed by Section 17.19 of the Lease as though the terms hereof were originally part of the Lease.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall be provided with reimbursement of expenses related to the Executive’s employment by the Company, including reasonable expenses for travel within the scope of the Executive’s employment as long as such travel is pre-approved by the Board. The Executive shall be entitled to vacation and holidays in accordance with the Company’s normal personnel policies for senior level executives, but not less than twenty-two (22) business days of vacation per calendar year.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for Rossoff & Company, LLC, whose fees and expenses will be paid by Seller and/or Parent, none of Parent, Seller, nor any of their respective directors, officers, employees, consultants or other agents or representatives, has retained any broker, finder or financial advisor, or incurred any Liability for any brokerage fee or commission, finder’s fee or financial advisory fee, in connection with the transactions contemplated hereby. In no event will Buyer nor any the Purchased Assets be subject to any Liability or Encumbrance relating to any brokerage fee or commission, finder’s fee or financial advisory fee incurred by or on behalf of Seller or Parent in connection with the transactions contemplated hereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 343(a)(1); it also brings the conduct within the preemptive reach- of the-statute. “In circumstances where challenged conduct is expressly required or permitted by FDA regulations, the claims fall within the core 'of the preemption provision because they would ‘impose different requirements on precisely those aspects ... that the FDA had approved.’ ” Id. at *11 (quoting Altria Group, Inc., 555 U.S. at 86, 129 S.Ct. 538). A good example is Red v. The Kroger Co., where the court held that “[bjecause Plaintiffs challenge the use of terms that the FDA, through its regulations, has defined and permitted, Plaintiffs’ claims fall with the scope of the FDA’s preemption clause.” 2010 WL 4262037, at *7; see also Carrea v. Dreyer’s Grand Ice Cream, Inc., 475 Fed.Appx. 113, 115 (9th Cir.2012) (<HOLDING>); Peviani v. Hostess Brands, Inc., 750 Options: A. holding claims preempted where plaintiffs sought to enjoin and declare unlawful the very statement that federal law permits and defines because sueh relief would impose a burden through state law that is not identical to the requirements under section 343r B. holding that erisa completely preempted certain state law claims and finding that erisa preempted an employees common law tort and contract claim when the employee sought benefits under the employers disability policy C. holding the state law claims were not preempted D. holding that state law fraud claims are preempted by the federal labor law duty of fair representation E. holding that the plaintiffs state law claims are preempted by federal law

assistant: The best answer is A. holding claims preempted where plaintiffs sought to enjoin and declare unlawful the very statement that federal law permits and defines because sueh relief would impose a burden through state law that is not identical to the requirements under section 343r
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: Shares subject to a Restricted Stock Award shall be subject to vesting and the lapse of applicable restrictions based on such conditions or factors, including the achievement of specified performance goals, and occurring over such period of time as the Committee may determine in its discretion. The Committee may provide whether any consideration other than Continuous Service must be received by the Company or any Affiliate as a condition precedent to the grant of a Restricted Stock Award, and may correspondingly provide for Company reacquisition or repurchase rights if such additional consideration has been required and some or all of a Restricted Stock Award does not vest.

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: from working; or (3) diminished patronage by customers, which produces unemployment). The appellate courts of Illinois have also consistently equated stoppage of work to a substantial curtailment of business within each individual premises, not the employer’s business as a whole. See Central Foundry Div. v. Holland, 36 Ill. App.3d 998, 1002, 345 N.E.2d 143, 147 (1976) (“Stoppage of work refers ‘to a stoppage of work of the plant or particular department of a plant and not to the individual unemployment of the worker or workers.’ ”) (quoting Robert S. Abbott Publ’g Co. v. Annunzio, 414 Ill. 559, 569, 112 N.E.2d 101, 106 (1953)); Be-Mac Transp. Co. v. Grabiec, 20 Ill.App.3d 345, 351, 314 N.E.2d 242, 247 (1974) (same); Walgreen Co. v. Murphy, 386 Ill. 32, 37, 53 N.E.2d 390, 393 (1944) (<HOLDING>). The appellate courts of Missouri are in Options: A. holding that there was a work stoppage at a warehouse because of a shutdown substantially interfering with warehouse operations curtailing them to approximately twenty per cent of normal production B. holding that for a compilation or derivative work there should be only one award of statutory damages per registration C. holding that longevity pay was part of salary because it was not a true fringe benefit but rather a normal payment made regularly in the course of the plaintiffs work for regular work done D. holding that in computing the present worth of such future payments same should have been discounted to their present worth at the date of judgment at 6 per cent interest per annum E. holding that the fact that the insurance agents perform functions that are an essential part of the companys normal operations is a decisive factor

assistant: The best answer is A. holding that there was a work stoppage at a warehouse because of a shutdown substantially interfering with warehouse operations curtailing them to approximately twenty per cent of normal production
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: On each Borrowing Date, after giving effect to the consummation of the Transaction, the making of the Loans and the performance by the Obligors of the Credit Documents, the financings incurred in connection therewith and the other transactions contemplated hereby, there shall be no conflict with, or default under any material agreement to which the Borrower or any Subsidiary Guarantor is a party as a result thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Commitment Increase Agreement constitutes a legal, valid and binding obligation of the Borrowers enforceable against the Borrowers in accordance with its terms, subject to bankruptcy, insolvency or other laws of general application affecting the enforcement of creditors’ rights, the application of equitable principles and the non-availability of the equitable remedies of specific performance or injunctive relief.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A waiver by any party of any of the terms and conditions of this Agreement in any one instance shall not be deemed or construed to be a waiver of the term or condition for the future, or of any subsequent breach thereof, or of any other term or condition thereof. Any party may waive any term, provision, or condition included for the benefit of that party. Any and all waivers shall be in writing.

assistant: 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 case excerpt and choose the best holding from the options. Case excerpt: Procedure 12(b)(6). Sussman, proceeding pro se, filed a timely notice of appeal; we affirm the dismissal. The district court did not abuse its discretion in determining that, even if Provident had argued an incorrect legal position regarding whether Sussman could perform a “substantial portion” of his work as an opthamologist, it was not a failure to disclose that constituted “a grave miscarriage of justice,” which is required for relief by an independent action under Rule 60(b). United States v. Beggerly, 524 U.S. 38, 47, 118 S.Ct. 1862, 141 L.Ed.2d 32 (1998); see In re Levander, 180 F.3d 1114, 1119 (9th Cir.1999) (noting that “non-disclosure or perjury by a party or witness do not, by themselves, constitute fraud on the court”); Fiester v. Turner, 783 F.2d 1474, 1476 (9th Cir.1986) (<HOLDING>). The district court also correctly determined Options: A. holding that a 1915a dismissal as frivolous is reviewed for abuse of discretion B. holding that the admission of evidence under an exception to the hearsay rule is reviewed for abuse of discretion C. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion D. holding that the dismissal of a frivolous action reviewed for abuse of discretion E. holding that the imposition of sanctions is reviewed for abuse of discretion

assistant: The best answer is C. recognizing that a district courts dismissal of an independent action under rule 60b is reviewed for abuse of discretion
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: No representation or warranty of the Company or any Seller in this Agreement or any other Transaction Document, nor any statement or certificate furnished or to be furnished to Buyer in connection with the transactions contemplated by this Agreement or any other Transaction Document, contains or will contain any untrue statement of a material fact, or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. None of the Company, any Seller or any of their respective officers, directors, shareholders, managers or executive employees is aware of any facts pertaining to the Company or its business which has had or would reasonably be expected to have a Material Adverse Effect and which have not been disclosed in this Agreement (including the Disclosure Schedules).

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: (i) The authorization, execution, attestation and delivery of this Note by the Borrower, (ii) the adoption of the Borrower Note Resolution, (iii) the sale of this Note to the Trust, (iv) the observation and performance by the Borrower of its duties, covenants, obligations and agreements hereunder, including, without limitation, the repayment of the Loan and all other amounts due hereunder, and (iii) the undertaking and completion of the Project, will not (A) result in the creation or imposition of any lien, charge or encumbrance upon any properties or assets of the Borrower pursuant to, (B) result in any breach of any of the terms, conditions or provisions of, or (C) constitute a default under, any existing ordinance or resolution, outstanding debt or lease obligation, trust agreement, indenture, mortgage, deed of trust, loan agreement or other instrument to which the Borrower is a party or by which the Borrower, its Environmental Infrastructure System or any of its properties or assets may be bound, nor will such action result in any violation of the provisions of the charter or other document pursuant to which the Borrower was established or any laws, ordinances, injunctions, judgments, decrees, rules, regulations or existing orders of any court or governmental or administrative agency, authority or person to which the Borrower, its Environmental Infrastructure System or its properties or operations are subject. The Borrower has obtained all permits and approvals required to date by any governmental body or officer for the authorization, execution, attestation, authentication and delivery of this Note, for the sale of this Note to the Trust, for the making, observance and performance by the Borrower of its duties, covenants, obligations and agreements under this Note, and for the undertaking and completion of the Project.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive agrees not to make negative comments or otherwise disparage the Company and each of its subsidiaries and affiliates and their respective officers, directors, employees, shareholders, agents, services or products. The Board agrees not to (and shall instruct the Company’s named executive officers not to), directly or indirectly, disparage the Executive in any manner that is likely to be harmful to the Executive’s business reputation. The foregoing shall not be violated by truthful statements in response to legal process, required governmental testimony or filings, or administrative or arbitral proceedings (including, without limitation, depositions in connection with such proceedings), and the foregoing limitation on the Company’s executives and directors shall not be violated by statements that they in good faith believe are necessary or appropriate to make in connection with performing their duties and obligations to the Company.

assistant: Non-Disparagement
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: {2} After leaving a bar at closing time, Defendant claims he and his brother were threatened with violence by an angry mob. Both of them then sought refuge in Defendant’s truck. As the alleged attack continued, Defendant testified that he started the vehicle and began to drive “slowly” out of the parking lot. Almost immediately, police arrived on the scene, determined Defendant’s blood-alcohol level to be .14, and arrested him for DWI. {3} The metropolitan court, acting as fact finder in a non-jury trial, found that Defendant had not acted reasonably in the face of the alleged threat. As a result, the court found that Defendant’s act of driving while under the in 116 N.M. 793, 796, 867 P.2d 1175, 1178 (1994), with State v. Lucero, 98 N.M. 204, 206-07, 647 P.2d 406, 408-09 (1982) (<HOLDING>). This is a question of law that we review de Options: A. holding that strict compliance is not required B. recognizing strict product liability actions C. holding that duress is unavailable to defendants charged with the strict liability offense of child abuse D. recognizing that a violation of the mbta is a strict liability offense E. holding that notice not required because cercla is a strict liability statute

assistant: The best answer is C. holding that duress is unavailable to defendants charged with the strict liability offense of child abuse
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: for determining whether an action will be significant. See supra. One such factor is “the degree to which the action may adversely affect an endangered or threatened species or its habitat that has been determined to be critical under the Endangered Species Act of 1973.” 40 C.F.R. § 1508.27(a). Here, the Forest Service concluded that the project “may affect, is likely to adversely affect” the NSO, due to direct owl disturbance and disruption of breeding, as well as destruction and degradation and increased fragmentation of NSO habitat (much of which is designated NSO critical habitat and/or within existing NSO activity centers). (See EA at 26-32, AR 385-391.) At a minimum, this finding is an important factor supporting the need for an EIS. See also Ocean Advocates, 361 F.3d at 1125 (<HOLDING>). Second, the Forest Service’s conclusion that Options: A. recognizing that in certain circumstances inquiry notice may be determined as a matter of law B. holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others C. holding that in certain circumstances fraud can be prosecuted under the statute D. holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others E. holding that the presence of one intensity factor may be sufficient to deem the action significant in certain circumstances

assistant: The best answer is E. holding that the presence of one intensity factor may be sufficient to deem the action significant in certain circumstances
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 decision is mailed pursuant to section 7104(e) of this title. (2) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. (3) A notice of appeal shall be deemed to be received by the Court as follows: (A) On the date of receipt by the Court, if the notice is delivered. (B) On the date of the United States Postal Service postmark stamped on the cover in which the notice is posted, if the notice is properly addressed to the Court and is mailed. 38 U.S.C. § 7266(a) (emphasis added). This case calls upon this court to interpret the meaning of the term “properly addressed.” More specifically, the court must decide whether an incorrect zip code renders a notice of appeal improperly addressed. The Secretary contended at or 81) (<HOLDING>); Zeigler Coal Co. v. Commonwealth, Dep’t of Options: A. holding that although an address in which the zip code is incorrect may be properly addressed an address in which both the zip code and the street address is incorrect is not properly addressed B. holding that whether an incorrect zip code on a notice of sale is properly addressed is a question of fact C. holding that an incorrect zip code does not render an otherwise proper address improper D. holding that service was not defeated by an address with an incorrect zip code E. holding that an inaccurate zip code does not render an address improper for purposes of texas rule of civil procedure 5

assistant: The best answer is C. holding that an incorrect zip code does not render an otherwise proper address improper
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon the occurrence of any event triggering the prepayment requirement under clauses (i) and (ii) above, the Borrower shall promptly deliver a Notice of Prepayment to the Administrative Agent and upon receipt of such notice, the Administrative Agent shall promptly so notify the Lenders. Each prepayment of the Loans under this Section shall be applied as follows: first , ratably between the Initial Term Loans and (unless otherwise agreed by the applicable Incremental Lenders) any Incremental Term Loans to reduce on a pro rata basis the remaining scheduled principal installments of the Initial Term Loans and as determined by the Borrower and the applicable Incremental Lenders to reduce the remaining scheduled principal installments of any Incremental Term Loans) pursuant to Section 4.3 and (ii) second , to the extent of any excess, to repay the Revolving Credit Loans pursuant to Section 2.4(d) , without a corresponding reduction in the Revolving Credit Commitment.

assistant: Notices
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 Lieutenant Murphy's trial testimony as a prior inconsistent statement, the prosecutor informed the trial court that Lieutenant Murphy had noticed the inconsistency that morning when reviewing his previous testimony and had informed counsel of it. The prosecutor relayed Lieutenant Murphy’s explanation: I'm reading this [the testimony] and it looks like I’m saying it’s in the console. I'm just describing the console, not that the drugs were actually in that part of the console. The drugs were actually in the open part, but it does, when I'm reading this ... you know, it didn't come out very clear, but I remember those drugs, they were in the open part, not in the closed part. 5 . The trial court made her findings by a preponderance of the evidence. See Johnson, 763 A.2d at 712 (<HOLDING>). The prosecutor had asked that the judge do so Options: A. holding that the proper standard of proof is preponderance of the evidence B. holding that the standard of proof in revocation proceedings is a preponderance of the evidence C. holding that the standard of proof for dischargeability actions is the preponderance of the evidence standard D. holding that the preponderance standard is generally constitutional E. holding that standard for revocation of probation is preponderance of the evidence

assistant: The best answer is E. holding that standard for revocation of probation is preponderance of the evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you are not presented with an end-user licence agreement when you acquire third-party content , the following licence terms apply to your use of such third-party content : ( a ) the third party providing the third-party content ( and not oculus ) is the licensor of such third-party content ; ( b ) such party grants you a limited , non-transferable licence to access and use the third-party content only for your personal and non-commercial purposes ; and ( c ) you may not modify , decompile or disassemble the third-party content in whole or in part , or create any derivative works from or sublicense any rights in or to the third-party content , unless otherwise expressly authorised by the third party or as permitted under applicable law .

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: The consent set forth herein shall be effective only in the specific instance described herein and for the specific purpose for which it was given, and nothing herein shall be construed to limit or bar any rights or remedies of any Secured Party. For the avoidance of doubt and without limiting the generality of the foregoing, no other change, amendment, consent or waiver with respect to the terms and provisions of any other Financing Document, Material Project Document or Additional Material Project Document is intended or contemplated hereby (which terms and provisions remain unchanged and in full force and effect). Nothing herein shall be construed as or deemed to be (a) a waiver or consent by the Majority Secured Debt Participants of any past, present or future breach or non-compliance with any terms or provisions contained in any Financing Document, Material Project Document or Additional Material Project Document or (b) a guide to, or an intent or indication of, future actions or decisions by any Secured Party .

assistant: Effectiveness
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: “at the point at which a parent ceases to act in good faith and with parental affection and acts immoderately, cruelly, or mercilessly with a malicious desire to inflict pain”). The intent underlying parental discipline and battery are not the same. “A parent who disciplines a child in a physical manner intends to corre 727 P.2d 850, 855 (Colo. 1986), overruled by People v. Dunaway, 88 P.3d 619, 624 (Colo. 2004); Ceaser, 964 N.E.2d at 917 (“By arguing that she exercised her parental privilege in disciplining M.R., Ceaser necessarily represents that her intent was to correct M.R.’s behavior through corporal punishment, rather than to simply batter her daughter,” making admissible the defendant’s prior conviction for battering her child); State v. Morosin, 262 N.W.2d 194, 197 (Neb. 1978) (<HOLDING>). The parental privilege defense comes down to Options: A. holding the act is civil not eriminal in nature and refusing to adopt the beyondareasonabledoubt burden of proof applicable in criminal cases B. holding criminal conspiracy is sustained where the commonwealth establishes the defendant entered into an agreement to commit or aid in an unlawful act with another person with a shared criminal intent and an overt act was done in furtherance of the conspiracy a coconspirator may commit the overt act and conspirators are liable for acts of the coconspirators committed in furtherance of the conspiracy C. recognizing as peculiarly applicable to child abuse cases the principle that wjhere an act is equivocal in its nature and may be criminal or honest according to the intent with which it is done then other acts of the defendant and his conduct on other occasions may be shown in order to disclose the mastering purpose of the alleged criminal act quoting 1 whartons criminal evidence 350 at 520 11th ed D. holding that in the conviction and sentencing for criminal offenses committed in the course of one criminal episode it is the intent of the legislature that there be a separate conviction and sentence for each criminal offense unless one of the offenses is a degree of the other a necessarily included lesser offense subsumed in the other or both offenses are identical E. holding that an individual charged with criminal contempt is entitled to the full procedural protections afforded the defendant in any other criminal proceeding

assistant: The best answer is C. recognizing as peculiarly applicable to child abuse cases the principle that wjhere an act is equivocal in its nature and may be criminal or honest according to the intent with which it is done then other acts of the defendant and his conduct on other occasions may be shown in order to disclose the mastering purpose of the alleged criminal act quoting 1 whartons criminal evidence 350 at 520 11th ed