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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: additional useful information. She further argues that her statements to the officers investigating Bryan’s death were sufficient to waive her Fifth Amendment privilege, and that Keith could have filed a motion to compel her to answer deposition questions regarding the issue of her involvement, or lack of involvement, in Bryan’s death. Angelina’s arguments are not persuasive. Many of the interviews with investigating officers occurred shortly after Bryan’s death in December 2001, approximately four years prior to the deposition. During those years, a number of significant events occurred that might have altered Angelina’s testimony and certainly would have been proper subjects for inquiry during the deposition. Most significantly, Torre was 57 — 59, 43 S.Ct. 562, 67 L.Ed. 1023 (1923) (<HOLDING>). Notably, the district court precluded Options: A. holding that when a witnesss previous disclosure is not an actual admission of guilt or incriminating facts the witness subsequently may assert the privilege and decline to testify as to matters that might incriminate him B. holding that sixth amendment only requires that witness be brought to court not that he be required to take witness stand after refusing to testify and observing that it is irrelevant whether the witnesss refusal is grounded in a valid fifth amendment privilege an invalid privilege or something else entirely C. holding that article i section 19 of the missouri constitution requires that once a witness claims the privilege against selfinerimination afforded by that provision a rebuttable presumption arises that the witness answer might tend to incriminate him D. holding that in order to state a claim for ineffective assistance of counsel based on the failure to call a witness to testify the claimant must allege 1 the identity of the potential witness 2 that the witness was available to testify at trial 3 the substance of the witnesss testimony and 4 an explanation of how the omission of the testimony prejudiced the case E. holding that if testimony could incriminate the witness for other crimes he may properly assert the privilege

assistant: The best answer is A. holding that when a witnesss previous disclosure is not an actual admission of guilt or incriminating facts the witness subsequently may assert the privilege and decline to testify as to matters that might incriminate him
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: Commencing on June 20, 2016 (the “Commencement Date”), the Company hereby employs Executive, and Executive agrees to serve as the Company’s Chief Financial Officer, reporting to the Company’s Chief Executive Officer. Executive agrees to devote Executive’s full business time and attention and best efforts to the affairs of the Company during his employment. Executive shall perform his duties, responsibilities and functions to the Company hereunder to the best of his/her abilities in a diligent, trustworthy, professional and efficient manner. Executive shall be headquartered in Alhambra, California, but shall do such traveling as may be reasonably required of him/her in the performance of such duties. So long as Executive is employed by the Company, Executive shall not, without the prior written consent of the Compensation Committee (defined below), perform other services for compensation except that Executive may engage in charitable or civic activities so long as such activities do not materially interfere with the performance of Executive’s duties and responsibilities hereunder. If an outside activity subsequently creates a conflict with the Company’s business or prospective business, Executive agrees to cease engaging in such activity at such time. Executive will observe and adhere to all applicable written Company policies and procedures adopted from time to time, such as they now exist or hereafter are supplemented, amended, modified or restated.

assistant: 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 legal provision and list the applicable contract clause categories. Provision: All notices or other communications given or made hereunder shall be in writing and shall be deemed duly given: (i) upon personal delivery to the party to be notified, (ii) when sent by confirmed facsimile if sent during normal business hours of the recipient, if not, then on the next business day, (iii) five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) day after deposit with a nationally recognized overnight courier service, specifying next day delivery, with written verification of receipt. All communications shall be sent to the party’s address set forth on the signature page below, or at such other address as such party may designate by ten (10) days advance written notice to the other parties in accordance with this Section 14(a) .

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: if any provision of this agreement shall be unlawful , void , or for any reason unenforceable , then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions .

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: chance to work out a problem.’” (alteration in original) (quoting Brenneman v. Famous Dave’s of Am., Inc., 507 F.3d 1139, 1144 (8th Cir. 2007)); Aryain v. Wal-Mart Stores Texas LP, 534 F.3d 473, 482 (5th Cir. 2008) (concluding employee could not recover because she “assumed the worst and made no effort to allow Wal-Mart the opportunity to remedy the problems she identified”); Barker v. YMCA of Racine, 18 Fed.Appx. 394, 399 (7th Cir. 2001) (“Employees who quit without giving their employer a reasonable chance to resolve a problem have not been constructively discharged. Here, Ms. Barker did not try to resolve her work problems—she merely walked away from her job without notice .... ” (Citation omitted.)); Yearous v. Niobrara Cty. Mem’l Hosp., 128 F.3d 1351, 1357 (10th Cir. 1997) (<HOLDING>); Kilgore v. Thompson & Brock Mgmt., Inc., 93 Options: A. holding no constructive discharge when plaintiffs only waited brief time before resigning and unreasonably refused to explore any option short of resignation B. holding that in order to sustain an action for constructive discharge the plaintiff must show that the conduct resulting in the resignation violated a virginia public policy embodied in an existing statute C. holding claim accrued when employee tendered letter of resignation not when resignation became effective D. holding that constructive discharge may qualify as a tangible employment action depriving employer of right to assert affirmative defense when a supervisors official act precipitates the constructive discharge E. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard

assistant: The best answer is A. holding no constructive discharge when plaintiffs only waited brief time before resigning and unreasonably refused to explore any option short of resignation
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: similarly situated with other city employees); Clark v. United States, 691 F.2d 837 (7th Cir. 1982) (pensioners among state and private pension plans not similarly situated with federal pensioners). Here, Weisgerber’s proposed class of similarly situated persons includes employees who are eligible for disparate retirement plans under state law. KPERS participants are eligible for defined benefit retirement plans, whereas the other public employees identified by Weisgerber are not eligible for defined benefit plans but instead have tax sheltered annuity plans; this distinction alone destroys any similarity across the purported class and poses an insurmountable hurdle for Weisgerber’s equal protection claim. See Ganley v. Minneapolis Park and Recreation Bd., 491 F.3d 743 (8th Cir. 2007) (<HOLDING>). We have analyzed in more detail the inherent Options: A. holding equal protection under the federal constitution applies to similarly situated persons B. holding that an equal protection violation may occur when similarly situated persons are not treated equally under the law quotation marks omitted C. holding members of two distinct pension plans were not similarly situated for equal protection analysis D. holding that potential class members are similarly situated to the named plaintiffs if they are similarly situated with respect to their job requirements and pay provisions E. holding that a presentence defendant is not similarly situated with a postsentence convict and denial of sentence credit does not violate equal protection

assistant: The best answer is C. holding members of two distinct pension plans were not similarly situated for equal protection analysis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the question of competency of counsel. Balanced against this is the possibility, in most instances quite l’emote, that an experienced member of the public defender’s staff might labor under a conflict of interest because another member of the staff was so burdened. People v. Robinson, 79 Ill.2d 147, 37 Ill.Dec. 267, 402 N.E.2d 157, 162 (1979). These two considerations outweigh any possible chilling effect on attorney client relationships at OPD. See also, Bolin v. State, 137 P.3d 136, 145 (Wyo.2006) (stating that, although conflicts involving associates at a private firm are imputed to entire firm, public defenders office “warrants slightly different treatment[,]” and adopting a ease by case analysis); cf. People v. Daniels, 52 Cal.3d 815, 277 Cal.Rptr. 122, 802 P.2d 906, 915 (1990) (<HOLDING>); People v. Banks, 121 Ill.2d 36, 117 Ill.Dec. Options: A. recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public B. holding that public meeting did not satisfy public participation requirement because public did not receive adequate notice C. holding designated counsel acting on behalf of the office of public defender in law guardian program to be public employees for purpose of the new jersey tort claims act njsa 5911 to 123 and therefore entitled to indemnification by the state D. holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification would hamper the ability of public defenders offices to represent indigents in criminal cases E. holding a federal public defender is not a federal officer for purposes of a bivenstype action

assistant: The best answer is D. holding that public defender did not face conflict requiring withdrawal when bringing collateral attack of a defendants conviction public defender was required to attack competence of previous public defender and stating that automatic disqualification would hamper the ability of public defenders offices to represent indigents in criminal cases
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: Debtor shall do, make, execute and deliver all such additional and further acts, things, deeds, assurances and instruments, at Debtor’s sole expense, as Secured Party may require more completely to vest in and assure to Secured Party its rights hereunder or in any of the Collateral.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 12.8.2 , each of the Lenders and potential Swap Contract Counterparties with respect to Lender Hedging Obligations hereby irrevocably appoints and authorizes Agent to take such action as agent on its behalf and to exercise such powers under the Loan Documents as are delegated to Agent by the terms thereof or are reasonably incidental, as determined by Agent, thereto. This appointment and authorization is intended solely for the purpose of facilitating the servicing of the Loans and does not constitute appointment of Agent as trustee for any Lender or as representative of any Lender for any other purpose. Notwithstanding any provision to the contrary contained elsewhere herein or in any other Loan Document, the Agent shall not have any duties or responsibilities, except those expressly set forth herein, nor shall the Agent have or be deemed to have any fiduciary relationship with any Lender or participant or any Swap Contract Counterparty with respect to Lender Hedging Obligations, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against the Agent. Without limiting the generality of the foregoing sentence, the use of the term "Agent" or “Administrative Agent” herein and in the other Loan Documents with reference to the Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. The Agent may execute any of its duties under this Agreement or any other Loan Document by or through its agents, employees or attorneys-in-fact and shall be entitled to advice of counsel and other consultants or experts concerning all matters pertaining to such duties. The Agent shall not be responsible for the negligence or misconduct of any agent or attorney-in-fact that it selects in the absence of gross negligence or willful misconduct.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not issue any shares of Common Stock pursuant to this Agreement if such issuance would reasonably be expected to result in (A) a violation of the Securities Act or (B) a breach of the rules and regulations of The NASDAQ Stock Market. The provisions of this Section 2(f) shall be implemented in a manner otherwise than in strict conformity with the terms hereof only if necessary to ensure compliance with the Securities Act and the rules and regulations of The NASDAQ Stock Market.

assistant: General
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 accordance with the requirements of the Exchange Act, the Company shall cause a Current Report on Form 8-K relating to the transactions contemplated pursuant to the Transaction Documents to be transmitted to the SEC for filing, which Form 8-K shall be reasonably acceptable to each Lender, disclose the material terms of the transactions contemplated hereby, and attach forms of the Transaction Documents thereto. The Company shall provide the Lenders with an advance copy of such proposed disclosure and reflect all reasonable input from Lenders. Each of the Company and each Lender agrees not to issue any other public statements with respect to the Lenders’ investment or proposed investment in the Company or the terms of any agreement or covenant between them without the other Party’s prior written consent, except such disclosures as may be required under applicable law or under any applicable order, rule or regulation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: any sort of overall check on the garnett machine.”). Even if InsulVail owed Charter a tort duty to install the insulation so as not to isolate the wet sprinkler system from heat, as we explained previously, Mid-Century has failed to show in the appellate record any breach of that duty caused the damage here. b. Duty to report or replace preexisting insulation that had fallen InsulVail did not have a duty to report or replace preexisting insulation that had fallen. Failure to report or replace amounts to nonfeasance. Courts have been reluctant to impose liability in cases of nonfeasance. See, e.g., Univ. of Denver v. Whitlock, 744 P.2d 54, 57 (Colo.1987) (en banc). No special relationship exists between InsulVail and Charter that would give rise to a duty. See Lewis, 25 P.3d at 1256 (<HOLDING>). Further, the contract between Charter and Options: A. holding that the special relationship exception does not apply to the relationship between a student and a school B. holding a plumbercustomer relationship is not special for nonfeasance duty purposes C. holding that the special relationship exception did not apply because the decedent was not in defendants custody D. holding that no special relationship existed between the school and student E. recognizing the existence of the special relationship

assistant: The best answer is B. holding a plumbercustomer relationship is not special for nonfeasance duty purposes
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 indemnification and contribution by any such party provided for under this Agreement shall be in addition to any other rights to indemnification or contribution which any indemnified party may have pursuant to law or contract and will remain in full force and effect regardless of any investigation made or omitted by or on behalf of the indemnified party or any officer, director, employee, agent, each Person who participates as an underwriter in the offering or sale of securities or controlling Person of such indemnified party and will survive the transfer of Registrable Securities and the termination or expiration of this Agreement.

assistant: Survival
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 proceeds of any purchase will be used (i) for any purpose that violates any applicable law, rule or regulation, including Regulations T, U or X of the Federal Reserve Board or (ii) to acquire any security in any transaction which is subject to Section 12, 13 or 14 of the Securities Exchange Act of 1934, as amended.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall not sell, offer for sale or solicit offers to buy or otherwise negotiate in respect of any security (as defined in Section 2 of the Securities Act) that would be integrated with the offer or sale of the Securities in a manner that would require the registration under the Securities Act of the sale of the Restricted Securities or that would be integrated with the offer or sale of the Restricted Securities for purposes of the rules and regulations of any Trading Market such that it would require shareholder approval prior to the closing of such other transaction unless shareholder approval is obtained before the closing of such subsequent transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the appeals at 787 WDA 2011 and 788 WDA 2011. We grant the petition. Herein, the Honorable Kim Berkeley Clark presided over the adjudication, the disposition hearing, the evidentiary hearing, and the disposition review hearings. For the sake of consistency, we shall refer to the jurist as "the juvenile court.” 2 . In the omitted footnote, Appellant states: "Each of these questions alleges violations of both the United States and Pennsylvania Constitutions.” Appellant’s Brief at 3 n. 2. 3 . We held in In the Interest of A.P., 421 Pa.Super. 141, 617 A.2d 764 (1992) (en banc), that the Post-Conviction Relief Act, which is the remedy for adults seeking post-conviction relief, is unavailable to a juvenile. See also In Interest of DelSignore, 249 Pa.Super. 149, 375 A.2d 803 (1977) (en banc) (<HOLDING>). Consequently, in the case sub judice, Options: A. holding that once the statute is found to be divisible the court must look to the charging papers and judgment of conviction to determine if the actual crime of which defendant was convicted was a crime of violence but emphasizing that the court is not to examine the particular facts underlying the conviction B. holding that a juvenile has no entitlement to brady materials before the transfer hearing proceeding C. holding that post conviction hearing act is not available to juvenile proceeding since the child is not convicted of a crime D. holding that juvenile adjudications may not be used for impeachment purposes because the disposition of a juvenile does not constitute a criminal conviction E. holding that a juvenile has a right to a voluntariness hearing in a transfer proceeding

assistant: The best answer is C. holding that post conviction hearing act is not available to juvenile proceeding since the child is not convicted of a crime
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: ALJ found that Kealoha’s actions were “consistent with a planned, and intentional action,” and therefore his suicide attempt could not have been the result of an irresistible suicidal impulse. The Board affirmed. II Kealoha argues that the ALJ and Board should have assessed whether Keal-oha’s fall caused his suicide, rather than whether his fall led Kealoha to attempt suicide out of an “irresistible impulse.” We agree. Despite the Longshore Act’s provision precluding compensation for injuries caused by an employee’s “willful intent to injure or kill himself,” 33 U.S.C. § 903(c), other courts have held that the Act does not necessarily preclude compensation for a suicide caused by a compensable work-related injury. See Voris v. Tex. Emp’rs Ins. Ass’n, 190 F.2d 929, 934-35 (5th Cir.1951) (<HOLDING>); Terminal Shipping Co. v. Traynor, 243 F.Supp. Options: A. holding that measures to enforce judgment are compensable B. holding that claim for sons suicide was not actionable C. holding suicide was compensable despite the willful intent language of section 3c then 3b D. holding under section 1902a1 specific intent required as an element of section 1501 is the intent to cause the death of an individual E. holding clear and convincing evidence established that the claimants attempted suicide was the result of a mental injury suffered subsequent to a compensable injury

assistant: The best answer is C. holding suicide was compensable despite the willful intent language of section 3c then 3b
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and the other Loan Documents represent the final and entire agreement among the parties and may not be contradicted by evidence of, and supersedes, all prior, contemporaneous, or subsequent oral agreements of the parties. There are no unwritten oral agreements among the parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the parties hereto shall use its reasonable best efforts to take, or cause to be taken, all appropriate action, to do or cause to be done all things necessary, proper or advisable under applicable Law, and to execute and deliver such documents and other papers, as may be required to carry out the provisions of this Irrevocable Proxy.

assistant: Further Assurances
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: Tenant and each of the persons executing this Amendment on behalf of Tenant hereby covenants and warrants that Tenant is a duly organized, authorized and existing corporation and is in good standing under the laws of the Commonwealth of Virginia, that Tenant has full right and authority to enter into this Amendment, and that the person signing on behalf of Tenant is authorized to do so on behalf of Tenant.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In connection with Executive’s receipt of the retirement benefit described in Section 3.1, the Executive shall execute (and not revoke) a standard, customary form of release agreement (the “ Release ”), including without limitation the following terms. If Executive is continuously incapacitated through the Release Date, this requirement is waived. The Release must be given no more than ninety (90) days following the Executive’s employment termination, with sufficient time to allow applicable revocation period(s) to expire before the end of such ninety- (90-) day period (the final day of such 90-day period to be the “ Release Date ”). Pursuant to the Release, the Executive, on behalf of himself and his heirs, shall agree to waive any and all claims he or they have, had, or may have had, in each case as of the date the Executive signs the Release, in connection with his employment by the Company or its affiliates, as against the Company, its affiliates, and its and their directors and employees, other than claims arising out of the Company’s breach of its obligations under this Agreement. The Release will not prohibit or restrict the Executive (or Executive’s attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, any self-regulatory organization or any state or federal regulatory authority regarding the Company or the facts or circumstances of Executive’s employment with the Company. Should the Executive fail to return to the Company the executed Release on or before the Release Date, the Executive will forfeit all benefits then unpaid that otherwise would have been payable to the Executive pursuant to this 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: In the event of failure or threatened failure by either party to comply with the terms of this Agreement, the other party shall be entitled to an injunction restraining such failure or threatened failure and to enforcement of this Agreement by a decree of specific performance requiring compliance with this Agreement.

assistant: Specific Performance
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 Assignor does hereby BARGAIN, ASSIGN, TRANSFER, CONVEY, SET OVER and DELIVER the Membership Interests in accordance with the Purchase Agreement to Assignee, its successors and assigns, forever. Assignee hereby accepts Assignor’s assignment and hereby assumes all obligations attributable to the Membership Interests.

assistant: Assignments
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 COA purposes, Gutierrez has not adequately shown pursuant t ns, Gutierrez claimed Harrell made a material misrepresentation when she stated: in the jury questionnaire, that she had never been charged, or arrested, with theft or shoplifting; and, during voir dire, that, although she had been charged with theft in 1979, the charges had been dismissed, and she had not been arrested. Gutierrez asserted Harrell had been arrested, charged, and convicted of theft, making her ineligible for jury service under Texas law. Furthermore, under McDonough Power Equipment, Inc. v. Greenwood, Gutierrez claimed his due-process rights were violated, because his trial counsel did not make a for-cause challenge based on Harrell’s voir-dire answers. 464 U.S. 548, 104 S.Ct. 845, 78 L.Ed.2d 663 (1984) (<HOLDING>). The state-habeas court held Gutierrez had Options: A. holding that the trial courts order violated due process because it was unclear whether or not the defendant was required to appear on the date in question B. holding that the due process clause is violated if the prosecution fails to disclose material evidence that is favorable to a criminal defendant C. holding that due process was violated where a death sentence was imposed based on information in a presentence report and the defendant was not given an opportunity to deny or explain the information D. holding due process violated where a potential jurors failure to answer a material question on voir dire deprived the defendant of information permitting a valid forcause challenge E. holding that in a military criminal trial the governments use of classified information without permitting the defendant or his lawyers to view the information did not violate the defendants due process rights

assistant: The best answer is D. holding due process violated where a potential jurors failure to answer a material question on voir dire deprived the defendant of information permitting a valid forcause challenge
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: Interest on the outstanding principal amount of Advances under the Credit Facility shall be computed at the per annum interest rate at all times equal to the Prime Rate then in effect plus One Percent (1.00%) per annum (subject to adjustment in the manner provided herein and in the Note). Interest on the outstanding principal amount of the Term Loan shall be computed at the per annum interest rate at all times equal to the Prime Rate then in effect plus Five Percent (5.00%) per annum (subject to adjustment in the manner provided herein and in the Term Note). Interest shall be payable by Borrower to Lender monthly in arrears not later than the first day of each calendar month and shall be calculated on the basis of a three hundred sixty (360) day year and actual days elapsed. The interest rate shall increase or decrease by an amount equal to each increase or decrease in the Prime Rate effective on the date of said announcement of such increase or decrease in the Prime Rate.

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

user: Recipient may disclose Confidential Information only to its employees, agents, consultants and contractors on a need-to-know basis, and only if such employees, agents, consultants and contractors have executed appropriate written agreements with Recipient sufficient to enable Recipient to enforce all the provisions of this Agreement.

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: ALL NOTICES AND COMMUNICATIONS HEREUNDER OR UNDER ANY JOINDER AGREEMENT AS SET FORTH IN SECTION 19 SHALL BE GIVEN TO THE ADDRESSES AND OTHERWISE MADE IN ACCORDANCE WITH SECTION 10.02 OF THE CREDIT AGREEMENT; PROVIDED THAT NOTICES AND COMMUNICATIONS TO THE GUARANTORS SHALL BE DIRECTED TO THE GUARANTORS AT THE ADDRESS OF THE BORROWER SET FORTH IN SECTION 10.02 OF THE CREDIT AGREEMENT.

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: ( the aaa rules are available at www.adr.org/arb_med or by calling the aaa at 1-800-778-7879 . )

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: As of the date hereof, the authorized capital stock of the Company consists of: (i) 950,000,000 shares of Common Stock, of which approximately 372,790,227 shares are issued and outstanding; and (ii) 0 shares of preferred stock, of which 0 are issued and outstanding. Except as disclosed in the SEC Documents, no shares are reserved for issuance pursuant to the Company’s stock option plans, no shares are reserved for issuance pursuant to securities (other than the Note) exercisable for, or convertible into or exchangeable for shares of Common Stock and 122,921,286 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. No shares of capital stock of the Company are subject to preemptive rights or any other similar rights of the shareholders of the Company or any liens or encumbrances imposed through the actions or failure to act of the Company. Except as disclosed in the SEC Documents, as of the effective date of this Agreement, (i) there are no outstanding options, warrants, scrip, rights to subscribe for, puts, calls, rights of first refusal, agreements, understandings, claims or other commitments or rights of any character whatsoever relating to, or securities or rights convertible into or exchangeable for any shares of capital stock of the Company or any of its Subsidiaries, or arrangements by which the Company or any of its Subsidiaries is or may become bound to issue additional shares of capital stock of the Company or any of its Subsidiaries, (ii) there are no agreements or arrangements under which the Company or any of its Subsidiaries is obligated to register the sale of any of its or their securities under the 1933 Act and (iii) there are no anti-dilution or price adjustment provisions contained in any security issued by the Company (or in any agreement providing rights to security holders) that will be triggered by the issuance of the Note or the Conversion Shares. The Company has filed in its SEC Documents true and correct copies of the Company’s Certificate of Incorporation as in effect on the date hereof (“Certificate of Incorporation”), the Company’s By-laws, as in effect on the date hereof (the “By-laws”), and the terms of all securities convertible into or exercisable for Common Stock of the Company and the material rights of the holders thereof in respect thereto. The Company shall provide the Buyer in the form provided by Buyer with a written update of this representation signed by the Company’s Chief Executive on behalf of the Company as of the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 4 hereto sets forth each of the Company’s significant subsidiaries (as such term is defined in Rule 1-02 of Regulation S-X promulgated by the Commission), if any (each such significant subsidiary, a “ Subsidiary ” and collectively, the “ Subsidiaries ”). The Company owns, directly or indirectly, all of the equity interests of the Subsidiaries free and clear of any lien, charge, security interest, encumbrance, right of first refusal or other restriction, and all the equity interests of the Subsidiaries are validly issued and are fully paid, nonassessable and free of preemptive and similar rights.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Issuer and the Investor shall pay all of their own costs and expenses incurred with respect to the negotiation, execution, delivery and performance of this Agreement. In the event any attorney is employed by either party to this Agreement with respect to legal or equitable action, arbitration or other proceeding brought by such party for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party in such proceeding will be entitled to recover from the other party reasonable attorneys' fees and other costs and expenses incurred, in addition to any other relief to which the prevailing party may be entitled.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Buyer hereby represents and warrants to the Seller, the Owner and the Owner Member that each of the following representations and warranties are true as of the date of this Agreement, and unless otherwise expressly set forth herein, as of Closing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: documents. Implying such a waiver could tend to inhibit agencies from making any disclosures other than those explicitly required by law because voluntary release of documents exempt from disclosure requirements would expose other documents in the litigation to risk of disclosure. An agency would have an incentive to refuse to release all exempt documents if it wished to retain an exemption for any documents. Although the language of subsection (b) explicitly exempts documents in the covered categories from FOIA disclosure requirements, readily finding waiver of confidentiality for exempt documents would tend to thwart the underlying statutory purpose, which is to implement a policy of broad disclosure of government records. Cf. Chrysler Corp., 441 U.S. at 290-94, 99 S.Ct. at 1711-14 (<HOLDING>). In addition, the policy underlying FOIA Options: A. holding that ajny asserted right by third parties to prohibit disclosure must have a basis independent of the foia B. holding that the only relevant public interest in disclosure is the extent to which disclosure would serve the core purpose of the foia which is contributing significantly to public understanding of the operations or activities of the government C. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents D. holding that the government must provide the party seeking disclosure with a detailed index describing the documents the government claims are exempt from disclosure under foia E. holding that unauthorized disclosure of documents does not constitute a waiver of the applicable foia exemption

assistant: The best answer is C. holding that foia exemptions are not mandatory bars to disclosure because the purpose of foia is to provide broad disclosure of government documents
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If a Participant ceases to be an employee (or Consultant or Non-Employee Director) of the Corporation or an Affiliate during the Restriction Period for any reason other than reasons which may be specified in an Award Agreement, the Award Agreement may require that all non-Vested Restricted Awards previously granted to the Participant be forfeited and returned to the Corporation.

assistant: Forfeitures
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) Keep all tangible Property useful and necessary in its business in good working order and condition, ordinary wear and tear, casualty and condemnation excepted; and (b) maintain with insurance companies that the Borrower believes (in the good faith judgment of the management of the Borrower) are financially sound and responsible at the time the relevant coverage is placed or renewed, insurance in at least such amounts and against at least such risks (and with such risk retentions) as the Borrower believes (in the good faith judgment of management of the Borrower) is reasonable and prudent in light of the size and nature of its business and the availability of insurance on a cost-effective basis (all such insurance shall, to the extent available on commercially reasonable terms without undue burden or expense, (A) provide that no cancellation, material reduction in amount or material change in coverage thereof shall be effective until at least 30 days after receipt by the Administrative Agent of written notice thereof, (B) name the Administrative Agent, on behalf of the Lenders, as loss payee, and (C) be reasonably satisfactory in all other respects to the Administrative Agent);.

assistant: Insurances
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 Corporation will not be required to issue or deliver any certificates for shares of Stock, or to effect the issuance of any non-certificated shares as provided in Section 7.1, prior to (a) the listing of such shares on any stock exchange or quotation system on which the Stock may then be listed; and (b) the completion of any registration or qualification of such shares under any Federal or state law, or any ruling or regulation of any government body which the Corporation will, in its sole discretion, determine to be necessary or advisable.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As a condition of the grant and vesting of the Performance Shares, the Company, your employer or an administrative agent shall have the right, in whole in part, upon any payment to you of cash and/or Common Stock hereunder, (a) to deduct an amount equal to the taxes, social contributions, and/or other charges required to be withheld or otherwise applicable by law in respect of Performance Shares and Common Stock acquired or (b) to require you (or any other person entitled to the Performance Shares) to pay it an amount sufficient to provide for any such taxes, social charges and/or other charges. You agree that (for yourself and on behalf of any other person who becomes entitled to the Performance Shares or the Common Stock) that if the Company, your employer or an administrative agent elects to require you (or such other person) to remit an amount sufficient to pay such taxes, social contributions, and/or other charges, you (or such other person) must remit that amount within three business days after such amount is due. The Company will generally withhold required amounts from your payments, unless the Company has made other arrangements with you for you to promptly remit an amount sufficient to pay such withholding of tax, social contributions, and/or other charges (and may condition delivery of cash and/or Common Stock hereunder upon such payment).

assistant: Tax 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: Fair and Equitable Regular tion of Docks on Lake of the Ozarks v. FERC, 297 F.3d 771, 778 (8th Cir.2002). B.. Standing The BIA argues for the first time on appeal the State lacks standing to bring its due process claims. Article III stan tisfy the prudential standing requirement by showing its alleged injury “arguably fall[s] within the zone of interests protected or regulated by the statutory provision or constitutional guarantee invoked in the suit.” Bennett v. Spear, 520 U.S. 154, 162, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997); see also Nat’l Credit Union Admin, v. First Nat’l Bank & Trust Co., 522 U.S. 479, 492, 118 S.Ct. 927, 140 L.Ed.2d 1 (1998). Because § 702 of the APA by itself does not confer prudential standing, see Rasmussen v. United States, 421 F.2d 776, 779 (8th Cir.1970) (<HOLDING>), we must determine whether the State is Options: A. recognizing associational standing when members would have standing in own right B. holding that the lack of shareholder standing under texas law does not implicate constitutional standing C. holding that standing existed D. holding that affiliate entity had standing to pursue fraudulent inducement claim as beneficiary of second addendum to master supply agreement E. recognizing the apa does not supply standing

assistant: The best answer is E. recognizing the apa does not supply standing