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: In addition to being entitled to exercise all rights provided herein, in any of the other Transaction Documents or granted by law, including recovery of damages, the Subscriber and the Company will be entitled to specific performance under the Transaction Documents. Any Person having any rights under any provision of this Agreement or in any of the other Transaction Documents shall be entitled to enforce such rights specifically (without posting a bond or other security), to recover damages by reason of any breach of any provision of this Agreement or such other Transaction Documents and to exercise all other rights granted by law. Furthermore, the Company recognizes that in the event that it fails to perform, observe, or discharge any or all of its obligations under any of the Transaction Documents, any remedy at law may prove to be inadequate relief to the Subscriber. The Company therefore agrees that the Subscriber shall be entitled to seek specific performance and/or temporary, preliminary and permanent injunctive or other equitable relief from any court of competent jurisdiction in any such case without the necessity of proving actual damages and without posting a bond or other security. Failure of any party to exercise any right or remedy under this Agreement or otherwise, or delay by a party in exercising such right or remedy, shall not operate as a waiver thereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom .

assistant: Limitation of liability
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 (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the filing of such press release, the Company represents to the Purchasers that it shall have publicly disclosed all material, non-public information delivered to any of the Purchasers by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. In addition, effective upon the filing of such press release, the Company acknowledges and agrees that any and all confidentiality or similar obligations under any agreement, whether written or oral, between the Company, any of its Subsidiaries or any of their respective officers, directors, agents, employees or Affiliates on the one hand, and any of the Purchasers or any of their Affiliates on the other hand, shall terminate. The Company and each Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor any Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of any Purchaser, or without the prior consent of each Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of any Purchaser, or include the name of any Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of such Purchaser, except: (a) as required by federal securities law in connection with (i) any resale registration statement covering the Securities and (ii) the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchasers with prior notice of such disclosure permitted under this clause (b).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: law be pre-empted in the area of child support enforcement, we hold that federal law does not pre-empt certain portions of the North Carolina Child Support Guidelines. Plaintiff Rodney Row (“Plaintiff’) and Defendant Leigh Row (“Defendant”) married in 1991 and had two children, born in 1991 and 1995. The parties separated in 1999 and on 24 January 2001, the trial court entered an order awarding the parties joint custody, with primary physical custody given to Defendant and ordered Plaintiff to pay child support in the amount of $700.00 per month. Thereafter, the parties filed several motions to modify custody and child support resulting in the first appeal to this Court in which we affirmed in part, vacated in part, and remanded. See Row v. Row, 158 N.C. App. 744, 582 S.E.2d 80 (2003) (<HOLDING>). On 2 February 2004, Plaintiff moved to modify Options: A. holding the trial court did not abuse its discretion in finding the best interest of the children require the continuation of primary physical custody with defendant and secondary custody with plaintiff and the trial court failed to make sufficient findings of fact and conclusions of law for this court to determine whether the guidelines were followed B. holding that even under an abuse of discretion standard the trial court must make sufficient find ings of fact and conclusions of law to allow the reviewing court to determine whether a judgment and the legal conclusions that underlie it represent a correct application of the law C. holding that the primary and overarching consideration in custody determination is the best interest of the child D. holding that a reviewing court has the power to reject the findings and conclusions of the trial court where the findings are not supported by the evidence E. holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child

assistant: The best answer is A. holding the trial court did not abuse its discretion in finding the best interest of the children require the continuation of primary physical custody with defendant and secondary custody with plaintiff and the trial court failed to make sufficient findings of fact and conclusions of law for this court to determine whether the guidelines were followed
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: every description relating thereto, as well as all copies of the foregoing, and any and all services and products (including all software) arising from the services (hereinafter collectively identified as “Work Products and Items” performed under this Agreement shall be submitted to [LEC] who will in turn submit these materials to the CLIENT) (Autori-dad de Carreteras y • Transportación “ACT”) at the conclusion of the project for their curation. (Our emphasis.) The reports are functional records whose purpose is compliance with the MOA and the federal regulations incorporated thereunder. See, e.g., TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 121 S.Ct. 1255, 149 L.Ed.2d 164 (2001) (Functional features are not protected by trademark law); see also, Tufen-kian, supra (<HOLDING>). See also, for example, Baystate Technologies, Options: A. holding that while the computer program at issue was within the subject matter of copyright the right sought under state law pursuant to a license was not equivalent to the exclusive rights under copyright as such copyright preemption did not apply B. holding that as a matter of law adaptations of public domain expression cannot support a finding of copyright infringement C. holding that where some radio scripts from aradio show had entered the public domain and others were protected by copyright plaintiff was entitled to use the public domain material without a license D. holding federal copyright laws threeyear statute of limitations not to bar acts of infringement occurring within three years of action despite fact that related earlier acts of infringement were barred E. 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

assistant: The best answer is B. holding that as a matter of law adaptations of public domain expression cannot support a finding of copyright infringement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive will, during the Employment Period, be permitted to participate in such pension, profit sharing, bonus, life insurance, hospitalization, major medical or health plan, and other employee benefit plans of the Employer that may be in effect from time to time, to the extent the Executive is eligible under the terms of those plans (collectively, the “Benefits”).

assistant: Benefits
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: term of imprisonment....” United States v. Binford, 108 F.3d at 728. The courts have concluded that the use of the term “sentence” in § 2255 is not necessarily as narrow as defendants contend. For example, the statute refers to a “prisoner in custody under sentence of a court.” But since the mandatory five-year sentence imposed under § 924(c) runs consecutively to the unexpired sentences on their drug trafficking crimes, defendants are currently “in custody” serving the “sentence” for the drug crimes. See, e.g., United States v. Hillary, 106 F.3d at 1172. That being the case, defendants were able to challenge their § 924(c) convictions only by accepting some form of an aggregate sentence theory. See id.; Peyton v. Rowe, 391 U.S. 54, 67, 88 S.Ct. 1549, 1556, 20 L.Ed.2d 426 (1968) (<HOLDING>); Garlotte v. Fordice, 515 U.S. 39, -, 115 Options: A. holding that consecutive sentences were warranted because of the multiple separate and distinct criminal acts B. holding that the cumulative effect of consecutive sentences does not make punishment cruel and unusual C. holding that courts are duty bound to correct sentences violating the trial courts statutory authority to issue consecutive sentences under indiana code section 355012 D. holding that a prisoner serving consecutive sentences is in custody under any one of them for purposes of 2241 E. holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences

assistant: The best answer is D. holding that a prisoner serving consecutive sentences is in custody under any one of them for purposes of 2241
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 payments and prepayments to be made in respect of principal, interest, Commitment Fees, Letter of Credit Fees, Administrative Agent’s Fee or other fees or amounts due from the Borrowers hereunder shall be payable prior to 11:00 a.m. on the date when due without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived by the Borrowers, and without set-off, counterclaim or other deduction of any nature, and an action therefor shall immediately accrue. Such payments shall be made to the Administrative Agent at the Principal Office for the account of PNC with respect to the Swing Loans, and for the ratable accounts of the Lenders with respect to the Revolving Credit Loans in U.S. Dollars (or the applicable Optional Currency) and in immediately available funds, and the Administrative Agent shall promptly distribute such amounts to the Lenders in immediately available funds; provided that in the event payments are received by 11:00 a.m. by the Administrative Agent with respect to the Loans and such payments are not distributed to the Lenders on the same day received by the Administrative Agent, the Administrative Agent shall pay the Lenders interest at the Federal Funds Effective Rate in the case of Loans or other amounts due in Dollars, or the Overnight Rate in the case of Loans or other amounts due in an Optional Currency, with respect to the amount of such payments for each day held by the Administrative Agent and not distributed to the Lenders. The Administrative Agent’s and each Lender’s statement of account, ledger or other relevant record shall, in the absence of manifest error, be conclusive as the statement of the amount of principal of and interest on the Loans and other amounts owing under this Agreement (including the Equivalent Amounts of the applicable currencies where such computations are required) and shall be deemed an “account stated”. All payments of principal and interest made in respect of the Loans must be repaid in the same currency (whether Dollars or the applicable Optional Currency) in which such Loan was made and all Reimbursement Obligations with respect to each Letter of Credit shall be made in the same currency (whether Dollars or the applicable Optional Currency) in which such Letter of Credit was issued. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the applicable Borrowers with the Administrative Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Amendment is held to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Amendment shall not be affected or impaired thereby. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is truly challenging the trial court’s interpretation of the pertinent law, in which case our review is plenary ... or whether [the defendant] is actually disputing the court’s factual findings, in which case we review those findings for clear error.” (Citation omitted.) State v. Bonner, 290 Conn. 468, 481, 964 A.2d 73 (2009). Whether the defendant made “good faith efforts” is a subjective, factual determination. See Phillipe v. Thomas, 3 Conn. App. 471, 474-75, 489 A.2d 1056 (1985). As such, “[t]he trier of fact, using the evidence at its disposal and considering the unique circumstances of each case, is in the best position to make [this] individualized determination . . . .” Ayantola v. Board of Trustees of Technical Colleges, 116 Conn. App. 531, 539, 976 A.2d 784 (2009); id., 538 (<HOLDING>). The defendant does not argue that the trial Options: A. holding that but for standard applied to retaliation case brought under texas law B. holding that the question of causation in a prima facie case of retaliation brought under general statutes 46a60 is factual in nature and thereby subject to the clearly erroneous standard of review C. holding that the finding of intent to discriminate is a factual determination subject to the clearly erroneous standard of review D. holding that pretext is subject to the clearly erroneous standard E. holding that a prima facie case is subject to independent review

assistant: The best answer is B. holding that the question of causation in a prima facie case of retaliation brought under general statutes 46a60 is factual in nature and thereby subject to the clearly erroneous standard of 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 legal provision and list the applicable contract clause categories. Provision: Buyer and Seller shall pay the fees and expenses of its counsel, accountants, experts, other representatives and all other expenses incurred by any of them incident or relating to the negotiation, preparation and execution of this Agreement and the transactions contemplated hereby, and the performance by it of its obligations hereunder. Seller acknowledges and agrees that Procopio Cory Hargreaves & Savitch LLP has acted solely as counsel to Buyer, and that it has had the opportunity to, and has secured legal advice and consult of its own legal counsel in connection with this Agreement and the transactions contemplated herein.

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: AMMO has filed all Tax (as defined below) returns, statements, reports, declarations and other forms and documents (including, without limitation, estimated tax returns and reports and material information returns and reports) (" Tax Returns ") required pursuant to applicable law to be filed with any Tax Authority (as defined below). All such Tax Returns are accurate, complete and correct in all material respects, and AMMO has timely paid all Taxes due and adequate provisions have been and are reflected in AMMO's Financial Statements for all current taxes and other charges to which AMMO is subject and which are not currently due and payable. None of AMMO's federal income tax returns have been audited by the Internal Revenue Service. AMMO has no knowledge of any additional assessments, adjustments or contingent tax liability (whether federal or state) of any nature whatsoever, whether pending or threatened against AMMO for any period, nor of any basis for any such assessment, adjustment or contingency. AMMO has withheld or collected from each payment made to each of its employees, if applicable, the amount of all Taxes (including, but not limited to, U.S. income taxes and other foreign taxes) required to be withheld or collected therefrom, and has paid the same to the proper Tax Authority. For purposes of this Agreement, the following terms have the following meanings: " Tax " (and, with correlative meaning, "Taxes" and "Taxable") means any and all taxes including, without limitation, (x) any net income, alternative or add-on minimum tax, gross income, gross receipts, sales, use, ad valorem, transfer, franchise, profits, value added, net worth, license, withholding, payroll, employment, excise, severance, stamp, occupation, premium, property, environmental or windfall profit tax, custom, duty or other tax, governmental fee or other like assessment or charge of any kind whatsoever, together with any interest or any penalty, addition to tax or additional amount imposed by any U.S., local or foreign governmental authority or regulatory body responsible for the imposition of any such tax (domestic or foreign) (a " Tax Authority "), (y) any liability for the payment of any amounts of the type described in (x) as a result of being a member of an affiliated, consolidated, combined or unitary group for any taxable period or as the result of being a transferee or successor thereof, and (z) any liability for the payment of any amounts of the type described in (x) or (y) as a result of any express or implied obligation to indemnify any other person or entity.

assistant: Payments
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 of the Executive’s obligations, covenants and restrictions under the Offer Letter, any confidentiality agreement, any non-disclosure agreement, and the Company’s Business Principles shall survive and continue in full force and effect. This Section 4.4 shall in all respects be subject to Paragraph 10 of the Executive Release.

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 case excerpt and choose the best holding from the options. Case excerpt: the instant offense while under a criminal justice sentence despite his intervening deportation. Federal law, not state law, governs whether a defendant is under “any criminal justice sentence.” See Carrasco-Mateo, 389 F.3d at 247. In Carrasco-Mateo, the appellant argued that because he was deported, he was no longer under New York parole. Id. at 246. The First Circuit concluded that whether a defendant is on parole is a question of federal law. Id. at 246-47. The appellant asserted that because New York no longer exercised custodial or supervisory authority over him, his term of parole had ended. Id. at 247. The court relied on immigration law in rejecting this argument, stating that “Congress directed the Attorney General that a deportation action should proce (3d Cir.2004) (<HOLDING>); United States v. CueroFlores, 276 F.3d 113, Options: A. holding that further supervised release may be ordered as a sentence for violation of supervised release B. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses C. holding that deportation does not extinguish term of supervised release D. holding term of supervised release tolled while defendant was in state custody E. holding that the revocation of one term of supervised release did not automatically terminate another

assistant: The best answer is B. holding that term of supervised release was not automatically terminated when defendant was deported from united states and thus defendants subsequent commission of another offense illegal reentry after deportation prior to expiration of term of supervised release violated condition of supervised release that defendant commit no new offenses
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: (1) the degree of reprehensibility of the defendant’s misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases. Bains LLC v. Arco Prods. Co., 405 F.3d 764, 775 (9th Cir.2005) (citing BMW, 517 U.S. at 574-75, 116 S.Ct. 1589). Defendants’ Punitive Damages Motion fails to show that the punitive damage awards are unconstitutionally excessive. Defendants argue that the punitive damages awarded exceed Defendants’ ability to pay, and therefore the awards are excessive. This is not persuasive. Pac. Mut. Life Ins. Co. v. Haslip, 499 U.S. 1, 22, 111 S.Ct. 1032, 1045, 113 L.Ed.2d 1, 22 (1991) (<HOLDING>). In fact, Defendants’ ability to pay is a Options: A. holding that even if the trial court had erred in denying the defendants motion for a directed verdict on punitive damages the error was harmless because the jury found in favor of the defendant and never reached the punitive damages claims B. holding that conduct must be beyond the fraud which supported compensatory damages to award punitive damages C. holding what section 76872 requires is that a plaintiff who has pleaded punitive damages must offer a reasonable evidentiary basis for punitive damages and obtain an order authorizing the maintenance of the punitive damage claim as a predicate to conducting discovery of a defendants financial worth D. holding that in determining punitive damages the factfinder must be guided by more than the defendants net worth E. holding a court may not award punitive damages

assistant: The best answer is D. holding that in determining punitive damages the factfinder must be guided by more than the defendants net worth
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 Court finds that equitable tolling is appropriate in this case. Scary’s delay in paying the filing fee was not due to mere “excusable neglect.” He did not delay because he was too busy or preoccupied with other matters, or even because there was a miscommunieation as to the due date. Rather, he failed to pay the fee in a timely manner because of the misperception — created by the court — that he had done everything that was required of him. In Scary’s mind, he had been completely diligent at all times, and he had not neglected his claim at all. Cf. Irwin, 498 U.S. at 96, 111 S.Ct. 453 (denying equitable tolling where the complaint was filed 14 days late because the plaintiffs attorney was out of the country); New Castle County v. Halliburton NUS Corp., 111 F.3d 1116, 1126 (1997) (<HOLDING>). Turning to the six situations presented in Options: A. holding that a cercla plaintiffs failure to file a timely complaint allegedly because it was so busy cleaning up the landfill might constitute excusable neglect but did not justify equitable tolling where the damage was discovered six months prior to the accrual date B. holding that a petitioner was not entitled to equitable tolling where he waited six months to file a federal petition after any state misconduct ended C. holding that equitable tolling of the time to file a notice of appeal is not permitted D. holding that dismissal was required where overall length of prosecution was 16 months state was responsible for 13 months of delay and six months of that delay was due to simple neglect E. holding the principles of equitable tolling do not extend to what is at best a garden variety claim of excusable neglect

assistant: The best answer is A. holding that a cercla plaintiffs failure to file a timely complaint allegedly because it was so busy cleaning up the landfill might constitute excusable neglect but did not justify equitable tolling where the damage was discovered six months prior to the accrual date
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 binding upon and inure to the benefit of the Company and its successors and assigns, on the one hand, and the Director and his or her heirs, beneficiaries, legatees and personal representatives, on the other hand.

assistant: Successors
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: one of the Firm’s clients, the Judgment Creditor discovered that the client transferred money to the Firm. The Judgment Creditor subpoenaed the Firm requesting documents reflecting any payment of sums into and out of the Firm’s trust account for the benefit of its client. Following a hearing and in camera review of the subject wire receipts, the trial court granted the discovery request but redacted some banking information from the documents, such as the trust account number. The issue presented is whether the trust account wire receipts are protected by the attorney-client privilege. Because this financial information is not privileged in the hands of the client, it is not privileged in the hands of the attorney. Greenberg Traurig v. Bolton, 706 So.2d 97, 98-99 (Fla. 3d DCA 1998) (<HOLDING>); Goldberg v. Ross, 421 So.2d 669 (Fla. 3d DCA Options: A. holding that the debtors false statements about the location of assets of the estate were material to the proceedings B. holding that a public accountant was not liable to creditors and investors who relied upon a negligently prepared balance sheet reflecting the assets of a company C. holding the attorneyclient privilege does not extend to information reflecting a judgment debtors assets which is held by a law firm D. holding contingency fee cases commenced prior to dissolution are assets of the firm E. recognizing that the right does not extend to committing perjury

assistant: The best answer is C. holding the attorneyclient privilege does not extend to information reflecting a judgment debtors assets which is held by a law firm
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: Purchaser covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to Section 4.6, Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules. Notwithstanding the foregoing, the Company expressly acknowledges and agrees that (i) Purchaser has not made any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to Section 4.6, (ii) Purchaser shall not be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced pursuant to Section 4.6 and (iii) Purchaser shall not have any duty of confidentiality or duty not to trade in the securities of the Company to the Company or its Subsidiaries after the issuance of the earlier of a Current Report on Form 8-K or initial press release as described in Section 4.6. Notwithstanding the foregoing, if Purchaser is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: writ). 32 . See Tex. Fam.Code Ann. § 161.001(1)(P). 33 . See id. § 161.001(1)(0). Apparently, the service plan is the only court order with which Kevin was required to comply. Wolfe could not recall whether Kevin had been ordered to pay child support, nor did she know whether a parent is ordinarily required to pay child support while incarcerated. 34 . See J.F.C., 96 S.W.3d at 265-66. 35 . Tex Fam.Code Ann. §§ 161.001, 161.206(a); G.M., 596 S.W.2d at 847. 36 . See M.S., 115 S.W.3d at 549. 37 . See id. at 545. 38 . Id. at 549. 39 . Id. at 549-50 (quoting Garcia v. State, 57 S.W.3d 436, 440 (Tex.Crim.App.2001), cert. denied, 537 U.S. 1195, 123 S.Ct. 1351, 154 L.Ed.2d 1030 (2003)). 40 . See id. at 550. 41 . Id.; see also Horrocks v. Tex. Dep't of Transp., 852 S.W.2d 498, 498-99 (Tex.1993) (<HOLDING>). 42 . M.S., 115 S.W.3d at 550. 43 . In light Options: A. holding that if appellant preserves legal sufficiency complaint in motion for new trial new trial is all the relief appellate court can give because that is all the relief appellant requested in trial court B. holding where record fails to establish whether and how appellant presented motion for new trial to the trial court it was not timely presented C. holding appellants issue was rendered moot because appellant was given the opportunity to make a record in support of his motion for new trial and appellate court considered that record in disposing of only issue raised in the motion for new trial D. holding that appellant failed to preserve error because it did not present appellate complaint to trial court E. holding that motion for a new trial whether for guilt or punishment requires a valid legal claim a court cannot grant a new trial unless the defendant shows that he is entitled to one under the law

assistant: The best answer is A. holding that if appellant preserves legal sufficiency complaint in motion for new trial new trial is all the relief appellate court can give because that is all the relief appellant requested in trial court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any written notice under this Agreement shall be deemed given on the date that is three business days after it is sent by registered or certified mail, postage prepaid, addressed either to the Participant at his address as indicated in the Company’s employment records or to the Company at its principal office. Any notice may be sent using any other means (including personal delivery, expedited courier, messenger service, telecopy, ordinary mail or electronic mail) but no such notice shall be deemed to have been duly given unless and until it is actually received by the intended recipient.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Trust, 491 F.3d 320, 331 (6th Cir.2007) (“To establish a Magnuson-Moss claim, a plaintiff must show that the item at issue was a ‘consumer product.’ This disputed fact therefore goes to the merits.”); Miller v. Willow Creek Homes, Inc., 249 F.3d 629, 632 (7th Cir.2001) (noting that it would “not reach the merits” of the dispute but nonetheless commenting that “it seems doubtful at best that a court would find the mobile home in question to be a consumer product covered by the Act”). The conflation of jurisdictional and non-jurisdictional limitations on causes of action is not an uncommon occurrence. Indeed, the Supreme Court has taken up the issue on several occasions, as have we. See, e.g., Reed Elsevier, Inc. v. Muchnick, - U.S. -, 130 S.Ct. 1237, 1246, 1249-50, - L.Ed.2d - (2010) (<HOLDING>); Arbaugh, 546 U.S. at 511, 126 S.Ct. 1235 Options: A. holding that standing is component of subjectmatter jurisdiction B. holding that prejudgment interest ordinarily should be awarded on damages pursuant to claims under the copyright act of 1909 17 usc 1 et seq 1976 ed superceded by the copyright act of 1976 17 usc 101 et seq C. holding that the registration requirement in 17 usc 411a of the copyright act imposes a precondition to filing a claim and does not restrict a federal courts subjectmatter jurisdiction D. holding that failure to comply with statutory prerequisite deprived the courts of subjectmatter jurisdiction E. holding that standing is component of subjectmatter jurisdiction and subjectmatter jurisdiction is essential to courts authority to hear case

assistant: The best answer is C. holding that the registration requirement in 17 usc 411a of the copyright act imposes a precondition to filing a claim and does not restrict a federal courts subjectmatter jurisdiction
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: c. 279, § 3, that statute does not require, in the absence of prejudice, automatic dismissal, if such disposition does not occur within the six-month period set forth in the statute. The defendant also contends that his due process rights were violated when he did not receive a hearing within the time specified in G. L. c. 279, § 3. We disagree. We recognize that a person whose probation is subject to revocation is entitled to a revocation hearing. See Gagnon v. Scarpelli, 411 U.S. 778, 782 (1973); Commonwealth v. Durling, 407 Mass. 108, 112 (1990). However, the defendant in this case has not demonstrated that the Commonwealth intentionally delayed the revocation hearing or that he suffered any prejudice as a result of the delay. See Commonwealth v. Odoardi, 397 Mass. 28, 36-37 (1986) (<HOLDING>). The defendant received a probation revocation Options: A. holding that delay caused by or consented to by a defendant is not unreasonable B. holding the tenday requirement was ministerial and the defendant failed to show he was prejudiced by the delay C. holding defendant did not demonstrate that commonwealth failed to act diligently in commencing revocation hearing or that defendant prejudiced by delay D. holding that the defendant failed to demonstrate ineffective assistance due to the alleged conflict of interest because the defendant failed to demonstrate a conflict as nothing was presented to refute the attorneys testimony that his loyalty was to his clients E. holding that no prejudice to the defendant arose from a delay in holding his parole revocation hearing twentyfour hours beyond the ninetyday limit

assistant: The best answer is C. holding defendant did not demonstrate that commonwealth failed to act diligently in commencing revocation hearing or that defendant prejudiced by delay
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower shall, and shall cause each other Loan Party to, at its expense, procure and maintain for the benefit of Loan Parties, insurance policies issued by such insurance companies, in such amounts, in such form and substance, and with such coverages, endorsements, deductibles and expiration dates as are commercially reasonable, taking into consideration the property size, use, and location that a commercially prudent lender would require covering each Eligible Real Estate Asset.

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: Subtenant shall, at Subtenant’s sole expense and with counsel reasonably acceptable to Sublandlord, indemnify, defend, and hold harmless Sublandlord and all other Landlord Parties with respect to all losses arising out of or resulting from the release of any Hazardous Material in or about the Premises, Building or Project, or the violation of any Environmental Law, by Subtenant or any other Subtenant Party. This indemnification includes all losses, liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments), damages (including consequential and punitive damages), and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. Sublandlord shall, at Sublandlord’s sole expense and with counsel reasonably acceptable to Subtenant, indemnify, defend, and hold harmless Subtenant and all other Subtenant Parties with respect to all losses arising out of or resulting from the violation of any Environmental Law caused by Sublandlord either before or during the Lease Term. This indemnification includes all losses, liabilities, obligations, penalties, fines, claims, actions (including remedial or enforcement actions of any kind and administrative or judicial proceedings, orders, or judgments), damages, and costs (including attorney, consultant, and expert fees and expenses) resulting from the release or violation. The foregoing indemnifications shall survive the expiration or earlier termination of this Lease and the Master Lease.

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 case excerpt and choose the best holding from the options. Case excerpt: his understanding of the charges and proceedings against him. At the hearing, the District Court stated that it had reviewed “in detail” a report prepared by a Bureau of Prisons (“BOP”) psychologist that concluded, among other things, that (1) Fox possessed a rational and factual understanding of the proceedings against him; (2) Fox had a capacity to assist legal counsel in his defense; and (3) Fox could rationally make decisions regarding legal strategy. Relying on that report, as well as Fox’s own testimony, the District Court found that Fox was indeed “competent to stand trial.” Appellant’s App’x at 47-48. As the trier of fact, the District Court was well within its province to give weight to the BOP psychologist’s opinion, see United States v. Zhou, 428 F.3d 361, 380 (2d Cir.2005) (<HOLDING>), and did not clearly err in relying as well on Options: A. recognizing that a court may rely on matters of which a court may take judicial notice B. holding that it is only by looking at how similarly situated entities acted in a similar situation that a factfinder may determine what was commercially reasonable C. holding that a court evaluating competency may reasonably rely on the expertise of a forensic psychologist associated with the bop who is presumably familiar with patients similarly situated D. holding on the particular facts before the court that parol evidence of a dividend declaration was inadmissible because of its potential to result in disparate rights between similarly situated stockholders E. holding that the state as well as the defendant has a right to rely on compliance with rule 16

assistant: The best answer is C. holding that a court evaluating competency may reasonably rely on the expertise of a forensic psychologist associated with the bop who is presumably familiar with patients similarly situated
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 to such other rights of indemnification as they may have as members of the Board, members of the Committee or other persons who administer this Plan shall be defended and indemnified by the Company, to the extent permitted by law, on an after-tax basis against (i) all reasonable expenses (including attorneys’ fees) actually and necessarily incurred in connection with the defense of any claim, investigation, action, suit or proceeding, or in connection with any appeal therein, to which they or any of them may be a party by reason of any action taken or failure to act under or in connection with this Plan or any Bonus awarded hereunder and (ii) all amounts paid by them in settlement thereof (provided such settlement is approved by the Company) or paid by them in satisfaction of a judgment in any such claim, investigation, action, suit or proceeding, except in relation to matters as to which it shall be adjudged in such claim, investigation, action, suit or proceeding that such person is liable for gross negligence, bad faith or intentional misconduct; provided, however, that within 30 days after the institution of such claim, investigation, action, suit or proceeding, such person shall offer to the Company, in writing, the opportunity at the Company’s expense to handle and defend the same.

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 case excerpt and choose the best holding from the options. Case excerpt: that fact, ... [a tariff classification analysis would give no consideration] to the specific tariff provisions for articles of plastics, articles of iron and steel, articles of glass, textiles, internal combustion engines, or the other possible classifications, whether based upon materials or otherwise, in the face of a tariff provision for "motor cars and motor vehicles” in Headings 8702 and 8703, which do not include restrictions by material designation. The only question to be answered would be whether the item to be classified was a motor vehicle. Similarly, the articles before the court are "candle holders” which are articles conceded by the defendant to be a type of lamp. If 0 CIT 123, 135 (1996), aff'd in relevant part and rev’d in part, 122 F.3d 1423, 1426 n. 1 (Fed.Cir.1997) (<HOLDING>). 23 . As discussed in greater detail below, Options: A. holding wills more specific provision prevails over general provision B. holding eo nomine tariff provision covering vanity cases to be more specific than tariff provision covering articles of a kind normally carried in the pocket or in the handbag C. holding that pursuant to gri 3a relative specificity analysis htsus provision which covered merchandise when viewed as a unit is more specific than provision covering glassware of a kind used for indoor decoration which only describes a portion of the item D. holding that the grant of exclusive use to one unit owner of a common area is sufficient to change the relative interest of the unit owners in that common area E. holding htsus provision covering ice hockey articles and equipment to be much more specific than htsus provision which refers quite broadly to other garments of manmade fibers

assistant: The best answer is C. holding that pursuant to gri 3a relative specificity analysis htsus provision which covered merchandise when viewed as a unit is more specific than provision covering glassware of a kind used for indoor decoration which only describes a portion of the item