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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Lender agrees to indemnify each Agent and each of its Affiliates, and each of their respective directors, officers, employees, agents and advisors (to the extent not reimbursed by the Borrower), ratably according to their respective Aggregate Exposure Percentages in effect on the date on which indemnification is sought under this Section (or, if indemnification is sought after the date upon which the Commitments shall have terminated and the Loans shall have been paid in full, ratably in accordance with such Aggregate Exposure Percentages immediately prior to such date), from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses and disbursements (including fees, expenses and disbursements of financial and legal advisors) of any kind or nature whatsoever that may be imposed on, incurred by, or asserted against, any Agent or any of its Affiliates, directors, officers, employees, agents and advisors in any way relating to or arising out of this Agreement or the other Loan Documents or any action taken or omitted by such Agent under this Agreement or the other Loan Documents; provided , however , that no Lender shall be liable for any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements resulting from the Administrative Agent’s or such Affiliate’s gross negligence or willful misconduct. Without limiting the foregoing, each Lender agrees to reimburse each Agent promptly upon demand for its ratable share of any out-of-pocket expenses (including fees, expenses and disbursements of financial and legal advisors) incurred by such Agent in connection with the preparation, execution, delivery, administration, modification, amendment or enforcement (whether through negotiations, legal proceedings or otherwise) of, or legal advice in respect of its rights or responsibilities under, this Agreement or the other Loan Documents, to the extent that such Agent is not reimbursed for such expenses.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we are always working on adding additional features to our services , and because of that , and also since sometimes applicable laws change , we may revise and reissue these terms occasionally , by posting updated terms at / viber-terms-use .

assistant: Unilateral change
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 failure of a party to insist upon strict adherence to any term of this Agreement on any occasion will not be considered a waiver thereof or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that is not conducted as part of a countywide revised reassessment and which creates, sustains or increases disproportionality among properties’ assessed values.” Assessment boards are prohibited from engaging in spot reassessment. Section 7.1 of the Assessment Law, added by Section 2 of the Act of July 19, 1991, P.L. 91, 72 P.S. § 5348.1; Radecke v. York County Board of Assessment Appeals, 798 A.2d 265 (Pa.Cmwlth.2002). The county assessors and the board “cannot reassess less than an entire county except as correction of errors or as otherwise specifically provided by statute.” Vees v. Carbon County Board of Assessment Appeals, 867 A.2d 742, 747 (Pa.Cmwlth.2005) (emphasis added). Compare Shenandoah Mobile Co. v. Dauphin County Board of Assessment Appeals, 869 A.2d 562 (Pa.Cmwlth.2005) (<HOLDING>). The Clean and Green Act requires the county Options: A. holding that cause of action for malpractice did not arise until the tax deficiency was assessed because prior to assessment the plaintiff had not been injured B. holding that an order redistricting a county was merely prospective as to qualifications of county commissioners and did not affect the right to office of those previously elected C. recognizing county officers as those whose general authority and jurisdiction are confined within the limits of the county in which they are appointed who are appointed in and for a particular county and whose duties apply only to that county and through whom the county performs its usual political functions D. holding that the assessment is given the force of a judgment and if the amount assessed is not paid when due administrative officials may seize the debtors property to satisfy the debt E. holding that the addition of all cellular towers within the county not previously assessed during countywide reassessment was an initial assessment and not an impermissible spot reassessment

assistant: The best answer is E. holding that the addition of all cellular towers within the county not previously assessed during countywide reassessment was an initial assessment and not an impermissible spot reassessment
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 not a person who is barred from using the service under the laws of the united states or any other applicable jurisdiction -- meaning that you do not appear on the u.s. treasury department 's list of specially designated nationals or face any other similar prohibition ,

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: Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi) )) or (ii) the determination by the Administrative Agent and the L/C Issuers that there exists excess Cash Collateral; provided , however , (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section 2.16 may be otherwise applied in accordance with Section 8.03 ), and (y) the Person providing Cash Collateral and the L/C Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

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: were distinct from the injury to the union (“lost union dues”)). As Associated General Contractors suggests, injuries to employees differ in kind and degree from injuries to their union — a difference that causes one to wonder exactly what a union could recover in this setting. The union could not sue for depressed wages because it does not receive wages; it negotiates them. Nor does it make a difference that the union perhaps could sue in an associational capacity on behalf of the employees — an issue we address below — because that would still be a lawsuit to recover for a direct injury to the employees, not the union. Nor is this a case in which the union’s property or funds were mishandled. See Adams-Lundy v. Ass’n of Prof'l Flight Attendants, 844 F.2d 245, 250 (5th Cir.1988) (<HOLDING>). All of this strongly suggests that the Options: A. holding union members state law claims for defamation against union preempted B. recognizing that union members interests are adequately represented by the union C. holding that the plaintiffs acted on behalf of all union members and reimbursing the attorneys fees from the union treasury such that all union members in effect equally contributed to the costs of litigation D. recognizing union members vital concern in preserving jobs for union members E. holding that a rico action by union members was properly dismissed where any financial improprieties occurred with union funds and directly injured solely the union

assistant: The best answer is E. holding that a rico action by union members was properly dismissed where any financial improprieties occurred with union funds and directly injured solely the union
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: Then, with respect to the timing of the contamination, in June 2009 a jury found that U.S. Fire had not proven that the pollution first began after the policy period. This finding triggered indemnity. The jury also found that U.S. Fire farther failed to prove any date on which the pollution had first begun. , Third, the Boston Gas decision. As noted earlier, the SJC issued its decision in Boston Gas about one month after the 2009 indemnity trial in this case but before the district court had resolved allocation questions. Boston Gas rejected the joint and several liability approach for indemnity in progressive pollution cases, instead adopting a pro rata allocation rule that applies even for pollution years in which the property owner is self-insured. 910 N.E.2d at 299-311, 315-16 (<HOLDING>). The SJC further held that, while a fact-based Options: A. holding depends on the policy language at hand B. holding that absent follow form language provision that excess policy would continue as underlying policy did not impose coverage as provided in underlying policy C. holding that express language in the policy permitted the insurer to avoid paying costs on appeal D. holding that the plain meaning of the uim policy language was clear and not contrary to public policy E. holding that language almost identical to the language in the policy at issue in this case ie due proof conveys discretionary authority

assistant: The best answer is A. holding depends on the policy language at hand
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 shall have the right to withhold from any payment or distribution made hereunder, or to collect as a condition of any such payment or distribution, any amount required by law to be withheld. Unless otherwise provided in an Incentive Agreement, a Participant who is an Employee may satisfy this obligation, in whole or in part, by directing the Company to withhold from any payment or distribution shares of Common Stock having a Fair Market Value equal to the minimum amount required to be withheld (or, if permitted by the Committee, such other rate as will not cause adverse accounting consequences and if permitted under IRS withholding rules) for federal and state tax purposes, including payroll taxes. Common Stock withheld hereunder shall be valued at Fair Market Value, determined as of the date on which such shares are otherwise subject to settlement or distribution hereunder.

assistant: Withholdings
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: misdemeanor theft, was referred on February 20, 1990, when Gilkey was 14. On August 27, 1990, a sentence of probation with restitution was imposed for each of these first two offenses. The probation for these first two adjudications, however, was revoked on July 29, 1992, and Gilkey was ordered into custody. On November 3, 1992, when Gilkey was 17, he was referred to the juvenile court for his third juvenile adjudication, for carrying a concealed weapon. A sentence of continued custody was imposed for this third adjudication. Gilkey remained in custody until April 8,1993. Gilkey concedes that his confinement constituted a “juvenile sentence to confinement” for purposes of § 4A1.2(d)(2)(A). See Appellant Br. at 11; see also United States v. Birch, 39 F.3d 1089, 1095 (10th Cir.1994) (<HOLDING>). He claims, however, that only two points Options: A. holding that although police initially took juvenile into custody juvenile arrested on drug charge did not have standing to challenge constitutionality of pretrial detention statute in relation to his drug case where juvenile was never detained for drug offense B. holding juveniles statement inadmissible when after being placed in custody police took juvenile to police station and held juvenile in area where adult suspects were held instead of taking juvenile to a juvenile processing office or any of the places listed as an alternative in section 5202 and placing juvenile in specifically designated office for juveniles C. holding defendants placement into kansas juvenile custody qualified as confinement within meaning of ussg 4a12d2a D. holding individual defendants are not an employer within meaning of title vii E. holding that chapter 39 provides the juvenile judge the flexibility to factor a childs safety into a custody decision at all stages of a juvenile proceeding

assistant: The best answer is C. holding defendants placement into kansas juvenile custody qualified as confinement within meaning of ussg 4a12d2a
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 Fifteenth 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 this Fifteenth Amendment by facsimile transmission or via .pdf shall be effective as delivery of a manually executed counterpart hereof.

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: (a) Sell or transfer any property or assets to, or purchase or acquire any property or assets from, or otherwise engage in any other transaction with, any of its Affiliates (other than the Parent, and the Subsidiaries or any person that becomes a Subsidiary as a result of such transaction) in a transaction (or series of related transactions) involving aggregate consideration in excess of $20,000,000 unless such transaction is (i) otherwise permitted (or required) under this Agreement or (ii) upon terms that are substantially no less favorable to the Parent or such Subsidiary, as applicable, than would be obtained in a comparable arm’s-length transaction with a person that is not an Affiliate, as determined by the Board of Directors of the Parent or such Subsidiary in good faith.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: P.3d 1212 (2009). And the same practical considerations which led to the Trevino holding, such as the need for a new lawyer, the need to expand the trial court record, and the need for sufficient time to develop the claim, argue strongly for initial consideration of Petitioner’s claim during collateral, rather than on direct, review. But Kansas does permit a claim of ineffective assistance of trial counsel which becomes apparent during the pendency of a direct appeal to be raised on direct appeal and remanded for the trial court to determine allegations of ineffective assistance of counsel as “an alternative remedy to K.S.A. 60-1507.” State v. Van Cleave, 239 Kan. 117, 120-21, 716 P.2d 580 (1986). See generally United States v. Oviedo-Tagle, 529 Fed.Appx. 944, 946-947 (10th Cir.2013) (<HOLDING>). Petitioner may thus establish cause under Options: A. holding that a defendant must generally raise claims of ineffective counsel in a collateral proceeding not on direct review B. holding that a petitioner should wait to raise claims of ineffective assistance of trial counsel until collateral review C. holding that ineffective assistance of counsel claims should be brought in collateral proceedings not on direct appeal D. holding that as a general rule a petitioner should wait to raise claims of ineffective assistance of trial counsel until collateral review E. recognizing that it is the defendants burden to demonstrate a reason to depart from the general practice that a defendant must generally raise claims of ineffective assistance counsel on collateral review

assistant: The best answer is A. holding that a defendant must generally raise claims of ineffective counsel in a collateral proceeding not on direct review
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: Allen v. Ohio Dept of Job & Family Servs., 697 F.Supp.2d 854, 894 (S.D.Ohio 2010); Johnson v. Univ. of Cincinnati, 215 F.3d 561, 582 (6th Cir.2000). Thus, the question before the Court is whether Ofc. Schmidt could reasonably believe that sexual discrimination against his wife, who was not an employee of the Cheverly Police De- partment, could constitute an employment discrimination claim under Title VII. Although a retaliation claim may lie in the case of “third-party retaliation,” the cases that have allowed such claims involved cases where both the person filing the discrimination complaint and the person adversely affected were employees or former employees of the same company. See, e.g., Thompson v. N. Am. Stainless, LP, 562 U.S. 170, 178, 131 S.Ct. 863, 178 L.Ed.2d 694 (2011) (<HOLDING>). By contrast, in Reece v. Pocatello/Chubbuck Options: A. holding that proof that an employer fired an employee three months after the employee filed a charge of discrimination sufficed to state a prima facie case of causation B. holding plaintiff did not exhaust his retaliation claim where his eeoc charge made no mention of retaliation C. holding that plaintiff who filed administrative charge for racial harassment and discrimination could add claim for retaliation because some of the same facts supported both types of claims D. holding that student plaintiffs could bring retaliation claims where they were allegedly retaliated against for complaints made by their parents on their behalf and noting that ollier allowed the same and that thompson allowed a retaliation claim by a plaintiff who was fired because his fiancee who was also his coworker engaged in protected activity and firing him was intended to harp her E. holding that an employee who was terminated after his fiancee filed a charge of discrimination had standing to sue employer for retaliation where his fiancee was employed by the same company

assistant: The best answer is E. holding that an employee who was terminated after his fiancee filed a charge of discrimination had standing to sue employer for retaliation where his fiancee was employed by the same company
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: 259 F.3d 678, 691 (7th Cir.2001). This determination will depend on the particular facts in each case. Id. We have defined an adverse employment action as “more disruptive than a mere inconvenience or an alteration of job responsibilities. A materially adverse change might be indicated by a termination of employment, a demotion evidenced by a decrease in wage or salary, a less distinguished title, a material loss of benefits, significantly diminished material responsibilities, or other indices that might be unique to a particular situation.” Rabinovitz v. Pena, 89 F.3d 482, 488 (7th Cir.1996) (citation omitted). Of course, “not everything that makes an employee unhappy” will suffice to meet the adverse action requirement. Smart v. Ball State Univ., 89 F.3d 437, 441 (7th Cir.1996) (<HOLDING>). Rather, an employee must show that “material Options: A. holding that poor evaluations alone do not constitute an adverse employment action B. holding prima facie case of discrimination includes showing of adverse employment action constructive discharge could satisfy element of adverse employment action but there was no constructive discharge where evidence did not support that discrimination rather than actual performance problems prompted reprimands and poor evaluations C. holding that termination is an adverse employment action D. holding that adverse employment actions include poor evaluations E. recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually

assistant: The best answer is A. holding that poor evaluations alone do not constitute an adverse employment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance by such Purchaser of this Agreement and the Registration Rights Agreement and the consummation by such Purchaser of the transactions contemplated hereby and thereby will not (i) result in a violation of the organizational documents of such Purchaser, (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument to which such Purchaser is a party, or (iii) result in a violation of any law, rule, regulation, order, judgment or decree (including federal and state securities laws) applicable to such Purchaser, except in the case of clauses (ii) and (iii) above, for such conflicts, defaults, rights or violations which would not, individually or in the aggregate, reasonably be expected to have a material adverse effect on the ability of such Purchaser to perform its obligations hereunder.

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: buyer’s duties to abide by the terms of the sales contract executed by the parties. Here, TIA points to no collateral fraudulent promise ...”) (citations omitted); see also Town of Haverstraw v. Columbia Electric Corp., 237 F.Supp.2d 452, 456 (S.D.N.Y.2002) (explaining that a fraud claim is viable where a plaintiff is induced to enter a contract based on extraneous representations but not where the misrepresentation is merely the promise to perform under a contract). LCO’s argument premised on Rule 8’s alternative pleading allowance is also unavailing. A fraud claim does not exist under New York law when the claim is premised solely upon the allegation that a party made false statements of intent to perform under an agreement. See Druyan v. Jagger, 508 F.Supp.2d 228, 240 (S.D.N.Y.2007) (<HOLDING>); Soft Classic S.A. de C.V. v. Hurowitz, 444 Options: A. holding that a fraud claim premised on thirdparty reliance raises a cognizable claim under new york law B. holding that the most analogous claim for relief under new york law is a claim for employment discrimination C. holding that allegations of intent or concealment that merely relate to defendants performance of contractual obligations do not state a claim for fraud under new york law D. holding that under new york law a dismissal for failure to comply with discovery obligations is not a judgment on the merits and does not bar a subsequent suit involving the same parties and issues E. holding that new york law applies to this matter

assistant: The best answer is C. holding that allegations of intent or concealment that merely relate to defendants performance of contractual obligations do not state a claim for fraud under new york law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by the laws of the State of North Carolina, without regard to the choice of law principles of any jurisdiction. Each party agrees that any litigation under this Agreement shall occur exclusively in a state or federal court in Guilford County, North Carolina and in no other venue. As such, each party irrevocably consents to the jurisdiction of and venue in the courts in Guilford County, North Carolina for all disputes with respect to this Agreement. Executive agrees to service of process in any such dispute via FedEx to Executive’s last home address in the Company’s records, without limiting other service methods allowed by applicable law. The parties agree that the terms in this Section are material to this Agreement, and that they will not challenge the enforceability of this Section in any forum.

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: context of enabling loans. Other dr- cuits have, and they have split over whether to transport the ten-day period specified in the relation-back provision, id. § 547(e)(2)(A), into “substantially contemporaneous,” or instead define the term in a way that requires a case-by-case consideration of all the facts in order to decide if a given transfer was substantially contemporaneous. Compare Collins v. Greater Atl. Mortg. Corp. (In re Lazarus), 478 F.3d 12, 19 (1st Cir.2007) (interpreting “substantially contemporaneous” as requiring the exchange to occur within the ten day relation-back period under § 547(e)(2)(A)), and Ray v. Sec. Mut. Fin. Corp. (In re Arnett), 731 F.2d 358, 363 (6th Cir.1984) (same), with Lindquist v. Dorholt, Inc. (In re Dorholt Inc.), 224 F.3d 871, 874 (8th Cir.2000) (<HOLDING>), and Dye v. Rivera (In re Marino), 193 B.R. Options: A. holding that a rent payment made 15 days late was substantially contemporaneous B. holding a contemporaneous objection is required to preserve an issue for appellate review C. holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis D. holding that probable cause may be determined on basis of collective knowledge of police E. holding that a state medicaid agency can review the medical necessity of treatment prescribed by a doctor on a casebycase basis

assistant: The best answer is C. holding that whether an exchange is substantially contemporaneous must be determined on a casebycase basis
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: headings from the approximately 34,000 options in the heading book. With so many related headings to describe a business principally known as a bakery, BAPCO’s arrangement of the listing of a particular bakery under one, two, three, four, or more headings is neither “obvious” nor “practically inevitable” as defined in Feist. See Feist, 499 U.S. at -, 111 S.Ct. at 1297, 113 L.Ed.2d at 380. Accordingly, the evidence is clear that BAPCO’s arrangement was in no sense mechanical. On the contrary, the 1984 Yellow Pages reflects several layers of BAP-CO choices on grouping 106,398 business listings under approximately 7,000 classified headings, which BAPCO selected from a heading book containing 4,700 primary entries and 34,000 related headings. Accord Key Publications, 945 F.2d at 514 (<HOLDING>). Donnelley challenges BAPCO’s evidence of an Options: A. holding that conversion and unjust enrichment claims were preempted by the copyright act since they were not qualitatively different from a copyright claim because they contained no extra element beyond those necessary to show copyright infringement B. holding that a classified publishers grouping of over 9000 listings into approximately 260 different categories constituted original arrangement entitled to copyright protection C. holding that lprs are entitled to the protection of the equal protection clause D. holding that that choices as to selection and arrangement are entitled to copyright protection only so long as they are made independently E. holding over

assistant: The best answer is B. holding that a classified publishers grouping of over 9000 listings into approximately 260 different categories constituted original arrangement entitled to copyright protection
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 receipt or delivery by the Company of any notice in accordance with the terms of this Certificate of Designations, unless the Company has in good faith determined that the matters relating to such notice do not constitute material, non-public information relating to the Company or any of its Subsidiaries, the Company shall not later than four (4) Trading Days following any such receipt or delivery publicly disclose such material, non-public information on a Current Report on Form 8-K or otherwise. In the event that the Company believes that a notice contains material, non-public information relating to the Company or any of its Subsidiaries, the Company so shall indicate to each Holder contemporaneously with delivery of such notice, and in the absence of any such indication, each Holder shall be allowed to presume that all matters relating to such notice do not constitute material, non-public information relating to the Company or its Subsidiaries.

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: Except as may be otherwise provided by the Plan, any written notices provided for in the Plan and this Award Agreement shall be in writing and shall be deemed sufficiently given if either hand delivered or if sent by email, fax or overnight courier, or by postage paid first class mail. Notices sent by mail shall be deemed received three business days after mailed but in no event later than the date of actual receipt. Notice may also be provided by electronic submission, if and to the extent permitted by the Committee. Notices shall be directed, if to Grantee, at Grantee’s physical home or Company email address indicated by the Company’s records, or if to the Company, at the Company’s principal office, attention Human Resources Department or !HR@heritageoaksbank.com .

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: because world of warcraft is a `` player vs. player '' game , you should always remember to protect yourself in areas where the members of hostile races can attack you , rather than contacting blizzard entertainment 's in-game customer service representatives , referred to herein as `` game masters , '' for help when you have been killed by an enemy of your race .

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 Assignment may be executed and delivered (including by facsimile transmission) in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: wages. Our Supreme Court has observed that the bond related statutes were enacted for the protection of employees and material suppliers who cannot avail themselves of otherwise available remedies, such as liens. Blakeslee Arpaia Chapman, Inc. v. EI Constructors, Inc., supra, 239 Conn. 714; Herbert S. Newman & Partners, P.C. v. CFC Construction Ltd. Partnership, 236 Conn. 750, 757, 674 A.2d 1313 (1996); KMK Insulation, Inc. v. A. Prete & Son Construction Co., 49 Conn. App. 522, 527, 715 A.2d 799 (1998). It is undisputed that the subcontractor’s employees themselves would have been entitled to enforce payment on the bond against both the general contractor, as principal, and ICSP, as surety on the bond. See, e.g., American Masons’ Supply Co. v. F.W. Brown Co., supra, 174 Conn. 226-27 (<HOLDING>). The question before us is whether the Options: A. holding that surety was liable to subcontractor on payment bond because payment bond applied to any claimant who among other things supplied materials that were reasonably required for use in the performance of the subcontract B. holding that a paywhenpaid clause does not preclude a subcontractors recovery under the miller act payment bond because the federal legislation conditions payment of the subcontractor not on payment by the government to the contractor but rather on the passage of time from completion of the work or provision of materials C. holding that where contract between contractor and subcontractor allowed subcontractor to recover if contractor recovered contractor was not barred from bringing suit on behalf of subcontractor D. holding that persons supplying labor or materials to a subcontractor on a public works project may seek reimbursement under a statutory payment bond provided by the general contractor E. holding that a clause making payment by the owner an express condition precedent to payment by the general contractor to the subcontractor was enforceable

assistant: The best answer is D. holding that persons supplying labor or materials to a subcontractor on a public works project may seek reimbursement under a statutory payment bond provided by the general contractor
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: Shall not make or consent to any amendment or other modification or waiver with respect to any of the Pledged Collateral of such Pledgor or enter into any agreement or allow to exist any restriction with respect to any of the Pledged Collateral of such Pledgor other than pursuant hereto or as may be permitted under the Credit Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is adverse to its interests. Lamar cites no authority establishing that either “fact” was material to determining whether City exceeded the scope of its powers by surrendering and contracting away zoning authority that would otherwise have applied to Lamar’s efforts to rebuild or relocate eight of the forty-two signs identified in the Agreement. For reasons we explain, neither factual contention prevented the entry of summary judgment in favor of City as a matter of law. We have already explained that the Agreement hindered City’s zoning authority, and that zoning authority is an exercise of police powers. City thus established all that was necessary to demonstrate that the Agreement exceeded the scope of City’s powers in violation of section 432.070. Stewart, 165 S.W.2d at 629 (<HOLDING>). It is true that “[t]he due process clauses of Options: A. recognizing governmental interest in rehabilitation B. holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have C. holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void D. holding governmental immunity is no defense to contractual liability E. holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary

assistant: The best answer is C. holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties to this Agreement in separate counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same Agreement. Delivery of an executed counterpart of a signature page to this Agreement via telephone facsimile transmission or electronic mail shall be effective as delivery of a manually executed counterpart of this Agreement. Subject to the other provisions hereof, this Agreement shall become effective when each of the parties has received a counterpart of this Agreement executed by the other parties to this Agreement or a copy of such executed Agreement signed in counterparts.

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: as well as recent country reports and his own affidavit, the BIA did not abuse its discretion in concluding that he failed to provide sufficient evidence to support his allegation that conditions in China have materially changed. We have previously reviewed the BIA’s consideration of similar evidence in the context of an untimely motion to reopen and have found no abuse of discretion in its conclusion that such evidence was insufficient to establish changed conditions in China. Id. at 275 (noting that while the BIA must consider evidence such as “the oft-cited Aird affidavit, which [it] is asked to consider time and again[,] ... it may do so in summary fashion without a reviewing court presuming that it has abused its discretion”); Jian Huan Guan, v. BIA, 345 F.3d 47 (2d Cir.2003) (<HOLDING>). In addition, we find that the BIA did not Options: A. holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children B. holding that bia abused its discretion in denying motion to reopen C. holding that a plaintiff who pled in her complaint that her law firm actively misled her in support of her request for application of the discovery rule had sufficiently pled the application of the doctrine D. holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children E. holding that the bia abused its discretion in denying a motion to reopen when it failed to consider the argument before it

assistant: The best answer is A. holding that the bia did not abuse its discretion in denying a petitioners untimely motion to reopen where she submitted proof of the birth of her two sons a letter from her parents warning of the danger of forced sterilization and a purported sterilization certificate for her cousin who also had two children
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 provided herein or the context of this Agreement otherwise requires, (a) words of any gender include each other gender, (b) words such as “ herein ” , “ hereof ” , and “ hereunder ” refer to this Agreement as a whole and not merely to the particular provision in which such words appear, (c) words using the singular will include the plural, and vice versa, and (d) the words “ include, ” “ includes ” and “ including ” will be deemed to be followed by the phrase “ but not limited to ’’ , “ without limitation ’’ , “ inter alia ” or words of similar import, and (e) references to “ Article, ” “ Section, ” shall be deemed to include all Sections and subsections therein.

assistant: Construction
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: grand jury challenge. The assignment judge properly recused himself from the matter because of the possibility that he would be called as a witness, but ruled that motions to disqualify other judges must be made before the judge sought to be disqualified. See R. 1:12-2 (providing that ”[a]ny party ... may apply to a judge for his disqualification") (emphasis added). He thus denied the motion to recuse the other judges "with the understanding, of course, that defendant has the right to seek to recuse any individual judge as the rules and the cases permit.” Defendant apparently never exercised that right, however. He is not in a position now to attack the propriety of the fact that his challenge was heard by an Essex County judge. See Bonnet v. Stewart, 155 N.J.Super. 326, 330 (App.Div.) (<HOLDING>), certif. den., 77 N.J. 468 (1978). Reaching Options: A. holding that the fact that a judge had ruled against the defendant is not a basis for finding the judge prejudiced B. holding that a defendant was not entitled to a relief under section 2255 when he asserted that the sentencing judge who was not the trial judge was influenced by the sentence imposed by the trial judge on a codefendant C. holding that where appellant moved to recuse trial judge from deciding the motion for new trial the judge of the administrative district was required to designate a judge to hear the recusal motion D. holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal E. holding that private individuals who conspired with judge could be sued even though judge could not

assistant: The best answer is D. holding that party who had sought disqualification of the judge who heard his cause only from the assignment judge and not the judge himself could not appropriately raise recusal issue on appeal
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: Notices required or permitted hereunder shall be in writing and shall be delivered personally or by mail, postage prepaid, addressed to Raytheon Company, 870 Winter Street, Waltham, Massachusetts 02451, Attention: Vice President, Human Resources and Global Security, and, if to you, to your address as shown on the Company's payroll records.

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 legal provision and list the applicable contract clause categories. Provision: As a result of the Existing Defaults, Lender is permitted to exercise its default rights and remedies as provided in the Credit Agreement without further notice or demand. All new advances continue to be in the sole discretion of Lender and neither the entering into this Amendment nor the making of additional advances by Lender waives any of the default rights and remedies of Lender under Section 13.02 of the Credit Agreement or otherwise. All default rights and remedies of Lender are therefore reserved.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition and supplementary to other rights and remedies existing in its favor, the Company may apply to the court of law or equity of competent jurisdiction, without posting any bond, for specific performance and/or injunctive or other relief in order to enforce or prevent any violations of the provisions hereof, including paragraphs 6 , 7 , 8 , 9 and 10 hereof. In the event of a violation by Executive of paragraphs 6 , 7 , 8 , 9 and 10 hereof, any severance being paid to Executive pursuant to this Agreement or otherwise shall immediately cease.

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

user: “Confidential Information” means: [(a) any information disclosed by [or on behalf of] the Discloser to the Recipient [during the Term / before the end of the Term] (whether disclosed in writing, orally or otherwise) that at the time of disclosure: (i) was marked as “confidential”; or (ii) should have been reasonably understood by the Recipient to be confidential;]

assistant: No
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 Client shall indemnify the Company and its shareholders, directors, officers, attorneys, employees, and authorized agents (collectively, the “ Indemnified Persons ”) in accordance with the Company’s provision and rendering of the Services. The Client shall not and shall cause its affiliates and their respective directors, officers, managers, members, employees, shareholders and agents not to, initiate any action or proceeding against the Company or any other Indemnified Person in connection with this Agreement or the Services unless such action or proceeding is based solely upon the breach of this Agreement or the gross negligence or willful misconduct of the Company or any such Indemnified Person. The Company and the Indemnified Persons shall not be deemed agents or fiduciaries of the Client, and will not have the authority to legally bind the Client.

assistant: Indemnity