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: All notices, demands, requests, consents, approvals and other communications required or permitted hereunder ( “Notices” ) must be in writing (except as may be agreed otherwise above with respect to borrowing requests) and will be effective upon receipt. Notices may be given in any manner to which the parties may separately agree. Without limiting the foregoing, first-class mail, facsimile transmission, electronic mail and commercial courier service are hereby agreed to as acceptable methods for giving Notices. Regardless of the manner in which provided, Notices may be sent to a party’s address as set forth above or to such other address as any party may give to the other for such purpose in accordance with this paragraph. No delay or omission on the Bank’s part to exercise any right or power arising hereunder will impair any such right or power or be considered a waiver of any such right or power, nor will the Bank’s action or inaction impair any such right or power. The Bank’s rights and remedies hereunder are cumulative and not exclusive of any other rights or remedies which the Bank may have under other agreements, at law or in equity. No modification, amendment or waiver of, or consent to any departure by the Borrowers from, any provision of this Note will be effective unless made in a writing signed by the Bank, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. The Borrowers agree to pay on demand, to the extent permitted by law, all costs and expenses incurred by the Bank in the enforcement of its rights in this Note and in any security therefor, including without limitation reasonable fees and expenses of the Bank’s counsel. If any provision of this Note is found to be invalid, illegal or unenforceable in any respect by a court, all the other provisions of this Note will remain in full force and effect. Each Borrower and all other makers and indorsers of this Note hereby forever waive presentment, protest, notice of dishonor and notice of non-payment. Each Borrower also waives all defenses based on suretyship or impairment of collateral. If this Note is executed by more than one Borrower, the obligations of such persons or entities hereunder will be joint and several. This Note shall bind each Borrower and its heirs, executors, administrators, successors and assigns, and the benefits hereof shall inure to the benefit of the Bank and its successors and assigns; provided , however , that no Borrower may assign this Note in whole or in part without the Bank’s written consent and the Bank at any time may assign this Note in whole or in part.

assistant: Miscellaneous
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 will not be assigned by the Company or Indemnitee without the prior written consent of the other party thereto, except that the Company may freely assign its rights and obligations under this Agreement to any subsidiary or affiliate for whom Indemnitee is serving as a director and/or officer thereof; provided, however, that no permitted assignment will release the assignor from its obligations hereunder. Subject to the foregoing, this Agreement and all of the provisions hereof will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, including, without limitation, any successor to the Company by way of merger, consolidation, and/or sale or disposition of all or substantially all of the assets or the capital stock of the Company.

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: However, unless at least one of the exceptions set for in Section 4 below has occurred, the receiving party will continue to treat such confidential Information as the confidential information of the disclosing party and only disclose any such Confidential Information to third parties under the terms of a non-disclosure agreement. Either party may terminate this Agreement at any time without cause upon written notice to the other party: provided that each party's obligations with respect to Confidential Information disclosed during the term of this Agreement will survive any such termination.

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 case excerpt and choose the best holding from the options. Case excerpt: 20th Order with two motions: a petition for review, filed with this Court on September 29, 2008, and a motion to reconsider, filed with the B w the BIA’s August 20th Order denying his motion to reopen. We previously held that Liu’s motion to reopen the August 20th Order was untimely. Despite this ruling, Liu focuses his arguments on alleged errors in the BIA’s August 20th Order, arguing that the BIA improperly rejected Liu’s offered evidence as unauthenticated and unoriginal. Liu’s attempt to solicit our review of the August 20th Order clearly falls outside of the thirty-day statutory limitation provided by 8 U.S.C. § 1252(b)(1), and we therefore lack jurisdiction to consider Liu’s arguments against the BIA’s August 20th Order. Cf. Guirguis v. INS, 993 F.2d 508, 509 (5th Cir.1993) (<HOLDING>). We therefore constrain our consideration of Options: A. holding that the statutory time limit for filing a petition for review is mandatory and jurisdictional and therefore not subject to equitable lolling B. holding that a time limit for filing a complaint as a creditor in bankruptcy proceedings is not jurisdictional C. holding that the crossappeal time limit is jurisdictional D. holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional E. holding that time limit for filing petition for review is mandatory and jurisdictional

assistant: The best answer is D. holding that the time limit for filing a petition for review of a final order of deportation is jurisdictional
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 Agreement or the other Credit Documents is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Agreement and the other Credit Documents shall not be affected or impaired thereby and (b) the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. Without limiting the foregoing provisions of this Section 14.13 , if and to the extent that the enforceability of any provisions in this Agreement relating to Defaulting Lenders shall be limited by debtor relief Laws, as determined in good faith by the Administrative Agent, then such provisions shall be deemed to be in effect only to the extent not so limited.

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 legal provision and list the applicable contract clause categories. Provision: The rights and remedies of the Company and CEI under this paragraph shall be in addition to any other available rights and remedies should the Individual breach any applicable obligations, as well as rights and remedies available under their clawback policies or procedures which may provide for forfeiture and/or recoupment of amounts paid or payable under this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: Any notice, request or other communication required to be given pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been given when delivered in person, on the next business day after being delivered to a nationally-recognized overnight courier service (for such next-day delivery) or five (5) days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested and addressed to the other party at the respective addressees set forth below or to the other addresses of either party may have furnished to the other in writing in accordance with this Section 12.7, except that notice of change of address will be effective only upon receipt.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On the terms and subject to the conditions set forth herein, the Corporation agrees to continue to employ the Executive as its President and Chief Executive Officer for the Term of Employment (as defined in Section 2 ). The Executive does hereby accept and agree to such employment, on the terms and conditions expressly set forth in this Agreement. The Executive shall, if requested, also serve as a member of the Board of Directors of the Corporation (the “ Board ”) or as an officer or director of any affiliate of the Corporation for no additional compensation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise expressly permitted under this Agreement, the Borrower shall, and shall cause each Portfolio Entity to, (a) maintain and preserve their existence and all material rights, privileges and franchises necessary in the conduct of its business, (b) perform (to the extent not excused by force majeure events or the nonperformance of the other party and not subject to a good faith dispute) all of its material contractual obligations under the Portfolio Documents, (c) maintain all Applicable Permits and use commercially reasonable efforts to cause all Major Project Participants to maintain all Applicable Third Party Permits, except to the extent that any such failure to maintain could not reasonably be expected to have a Material Adverse Effect and (d) otherwise continue to engage in business of the same general type as now conducted by it.

assistant: Existence
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) . In addition to any compensation received pursuant to this Section 4, the Company will reimburse or advance funds to the Executive for all reasonable documented travel, entertainment and miscellaneous expenses incurred in connection with the performance of her duties under this Agreement, provided that the Executive properly provides a written accounting of such expenses to the Company in accordance with the Company’s practices. Such reimbursement or advances will be made in accordance with policies and procedures of the Company in effect from time to time relating to reimbursement of, or advances to, its executive officers.

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: Purchaser shall pay (i) the cost of the title examination fees and municipal lien search fees, (ii) 50% of the escrow fees charged by Escrow Agent, (iii) the cost of any endorsements, increased coverages or premium for any lender’s title policy as may be desired by Purchaser or required by Purchaser, (iv) its own attorney’s fees, (v) any and all costs incurred in connection with Purchaser’s Inspections of the Property, and (vi) all costs incurred in connection with obtaining financing. Seller shall pay (i) 50% of the escrow fees charged by Escrow Agent and (ii) its own attorney’s fees.

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 case excerpt and choose the best holding from the options. Case excerpt: such as the one presented in this case, are questions of law and our review is de novo. Hadley, 224 Ill. 2d at 370; Taddeo, 216 Ill. 2d at 595; Jarvis v. South Oak Dodge, Inc., 201 Ill. 2d 81, 86 (2002). We will therefore apply a de novo standard of review to the construction of the word “truck” in the case sub judice. II. Exemption Under Section 212.1 of the Act On appeal plaintiff argues, inter alia, that the Board erred in finding that Calambas did not drive a “truck” or maintain a separate business identity. The Board argues, among other things, that neither its interpretation of the word “truck” nor its findings that plaintiff failed to meet its burden under section 212.1 of the Act were clearly erroneous. See Quad Cities Open, Inc. v. City of Silvis, 208 Ill. 2d 498, 507 (2004) (<HOLDING>); Streeterville Corp. v. Department of Revenue, Options: A. holding that when interpreting tax exemption statutes we strictly construe the statute in favor of taxation and against exemption B. holding act qualifies as exemption statute under exemption 3 C. holding one who claims tax exemption has burden of showing entitlement to exemption D. holding a debtors claim for loss of consortium to be entitled to an exemption under the oklahoma exemption statute and collecting other bankruptcy decisions recognizing a debtor spouses loss of consortium as the basis for allowing an exemption under federal and various state exemption statutes E. holding that the statute qualifies as an exemption 3 statute

assistant: The best answer is A. holding that when interpreting tax exemption statutes we strictly construe the statute in favor of taxation and against exemption
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything in the Plan or otherwise set forth in this Agreement to the contrary, upon the occurrence of a Change in Control , the Option, if outstanding, shall vest and become exercisable in full, except to the extent that another award meeting the requirements of this Section 8 is provided to Participant to replace the Option (any award meeting the requirements of this Section 8 , a “ Replacement Award ”) . An award shall meet the conditions of this Section 8 (and hence qualify as a Replacement Award) if: ( a ) it is a stock option or stock appreciation right in respect of publicly traded equity securities of NBHC or the surviving corporation or the ultimate parent of the applicable entity following the Change in Control, ( b ) it has a value at least equal to the value of the Option as of the date of the Change in Control (other than in respect of customary fractional rounding of share amounts and exercise price), ( c ) it contains terms relating to vesting and exercisability (including with respect to Termination of Employment ) that are substantially identical to those of th e Option, and ( d ) its other terms and conditions are not less favorable to Participant than the terms and conditions of the Option (including provisions that apply in the event of a subsequent Change in Control) as of the date of the Change in Control. Without limiting the generality of the foregoing, a Replacement Award may take the form of a continuation of the Option if the requirements of the preceding sentence are satisfied. The determination of whether the conditions of this Section 8 are satisfied shall be made by the Committee, as constituted immediately before the Change in Control, in its sole discretion.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Permit any waiver, supplement, modification, amendment, termination or release of any organizational documents of Holdings, the Borrowers or any Subsidiary Guarantor in a manner that would adversely and materially affect the interests of the Lenders, or any indenture, instrument or agreement pursuant to which any Junior Debt of Holdings, the Borrowers or any of the Restricted Subsidiaries is outstanding in a manner materially adverse to Holdings, the Borrowers, any of the Restricted Subsidiaries or the Lenders.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: ascertained from the record that the jury in that case likewise calculated damages “by multiplying the cost of the house per square foot as represented ... times the square footage deficiency.” 618 S.W.2d 535, 538 n. 4 (Tex.1981). The jury question there, as in Tim-mons, did not contain an instruction on a measure of damages. Id. The supreme court did not address whether the measure of damages used by the jury was proper, holding that Terrell & Garrett, Inc. waived error by failing to object to the evidence and failing to request an instruction on the proper measure of damages. Id. Generally, damages calculated as Matheus proposes have only been allowed where a sale of real estate is on an agreed “per unit” basis. See Denman v. Stuart, 142 Tex. 129, 132-33, 176 S.W.2d 730, 732 (1944) (<HOLDING>); Schleicher County v. Hudgens, 255 S.W.2d 927, Options: A. holding that the analysis to determine whether a claimant has established a reasonable basis to plead a claim for punitive damages is similar to the analysis applied to determine whether the allegations of a complaint are sufficient to state a cause of action B. holding value per acre negotiated by parties for sale of tract applied to determine damages for shortage C. holding that new york common law must be applied to determine whether the parties formed an oral settlement agreement and state statutory law must be applied to determine whether the agreement if any is enforceable D. holding in action for breach of contract caused by wrongful foreclosure and sale of shares of stock plaintiff was entitled to recover the fair market value of the stock at the time of its sale E. holding that fair market value was proper measure of damages for stock brokers breach of margin agreement caused by sale of plaintiffs shares without authorization noting that generally speaking fair market value is proper measure of damages for breach of contract relating to sale of goods which have an ascertamable value on the market

assistant: The best answer is B. holding value per acre negotiated by parties for sale of tract applied to determine damages for shortage
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 Closing of the purchase and sale of the Preferred Shares shall take place at the offices of Goodwin Procter LLP, 901 New York Ave. NW, Washington, D.C. 20001, on the Closing Date or at such other locations or remotely by facsimile transmission or other electronic means as the parties may mutually agree.

assistant: Closings
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 is a Delaware limited liability company duly organized, validly existing and in good standing under the laws of the State of Delaware and has full limited liability company power and authority to carry on its business as now being conducted. Parent is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware and has full corporate power and authority to carry on its business as now being conducted. Each Buyer Party is duly qualified or licensed to do business and in good standing in each jurisdiction in which the nature of its business or the ownership or leasing of its properties makes such qualification or licensing necessary, except in such jurisdictions where the failure to be so duly qualified or licensed and in good standing would not prevent or materially delay the consummation of the transactions contemplated by this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Provided that this Agreement is not revoked pursuant to Section 20 below, the terms of this Agreement shall be deemed effective and enforceable as of the eighth (8th) day following the date that this Agreement is executed by Executive (“Effective Date”). If this Agreement is not executed by Executive and delivered to the Company within 21 days of Executive’s receipt of this Agreement or if this Agreement is revoked pursuant to Section 20 below, this Agreement will not become effective or enforceable and Executive will not be entitled to receive any of the payments or benefits set forth in Section 3 above.

assistant: Effective Dates
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: other than as set out in this section , the agreements are not intended to grant rights to anyone except you and spotify , and in no event shall the agreements create any third party beneficiary rights .

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: Upon the vesting of an RSU in accordance with subsection (c) or Section 13, payment, in Common Shares or cash (as applicable), shall be made on the vesting date, unless a different date is specified in the Award Agreement.

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: The Confidential Information is and shall be considered valuable trade secrets owned exclusively by the Disclosing Party. The Disclosing Party retains all right, title and interest in the Confidential Information and any reasonably related information which may be subsequently developed, and the Receiving Party waives all rights to the intellectual property and copyright therein in favour of the Disclosing Party. No license is granted to the Receiving Party in relation to any intellectual property rights that attach to or may be embodied in any Confidential Information, or is implied by the conveying of such Confidential Information to the Receiving Party.

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 case excerpt and choose the best holding from the options. Case excerpt: with leaving his property unprotected by a properly applied chemical treatment barrier.” But as plaintiff readily acknowledges, he filed this suit a mere eight days after purchasing Terminate, despite the fact that the Terminate label specifically advised, under the heading, “IMPORTANT USAGE NOTES”: Results depend upon the species involved, weather, moisture, time of year, and may take 1-4 months or longer. Time required for effectiveness depends upon how quickly the terminates enter the stake and feed upon the bait. While for reasons undisclosed -by plaintiff in his complaint or otherwise, plaintiff may have suspected, within a- mere week of his purchase of the Terminate, that the product ultimately would not perform as represented and that his property 66 Cal.Rptr. 106 (1990) (<HOLDING>); Zamora v. Shell Oil Co., 55 Cal.App.4th 204, Options: A. holding the mda did not preempt plaintiffs state common law claims for defective design defective manufacture and failure to warn B. holding that plaintiffs failure to prove that the subject air valve had not been altered in some way invalidated their design defect claim C. holding that plaintiff had failed to state a claim for relief under section 1983 D. holding that to prevail on strict liability claim for a defective product plaintiff must show the product was defective when it left the defendants possession and control E. holding plaintiff with inherently defective heart valve failed to state a claim unless the valve malfunctioned

assistant: The best answer is E. holding plaintiff with inherently defective heart valve failed to state a claim unless the valve malfunctioned
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 Fourth Amendment Effective Date, no event shall have occurred and be continuing or would result from the consummation of the transactions contemplated hereby or by the Amended Credit Agreement that would constitute an Event of Default or a Default.

assistant: No Defaults
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 agrees to continue to pay all costs and expenses relating to the leased premises consistent with the terms of the Lease and consistent with the ordinary course of business established by Tenant and Lessor during the term of the Lease, including without limitation, all operating expenses, taxes, utilities, maintenance and repairs, except for those specifically described below.

assistant: Costs
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 Employee shall be eligible to participate in all vacation, group health, dental, life, 401(k), profit sharing and other insurance and/or benefit plans that the Company may offer to its employees from time to time and on the same terms as offered to other similarly situated employees as in effect on and after the Effective Date.

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: informant requires independent verification. It went on to note that many of the Cl’s statements in this case were independently verified, including his statement that Felipe was in Emporia on December 4, 2003, and could be found at a local motel. The court concluded that the information provided by SA Carroll “enabled the magistrate to judge the validity of the informant’s information, and showed some independent verification of the information given officers by the Cl.” R. doc. 103 at 10. The court also rejected defendant’s argument that the executing officers exceeded the scope of the first warrant by seizing methamphetamine, concluding that there was a logical nexus between the drugs and the terms of the first warrant. See United States v. Gentry, 642 F.2d 385, 387 (10th Cir.1981) (<HOLDING>). It also held that under the “practical Options: A. holding that no federal nexus is required B. holding that a nexus exists if the weapons were there to protect an active methamphetamine manufacturing operation C. holding that a nexus between the corporate officers or directors official activity and the matter for which indemnification is sought must be shown though no more than a nexus whether a nexus exists is a question of fact to be determined by the trial court considering all the circumstances surrounding the proposed indemnification D. holding that items are admissible when a logical nexus exists between seized but unnamed items and those items fisted in the warrant E. holding that such a duty exists

assistant: The best answer is D. holding that items are admissible when a logical nexus exists between seized but unnamed items and those items fisted in the warrant
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: 230 (1994) (quoting State v. Knowlton, 123 Idaho 916, 918, 854 P.2d 259, 261 (1993)). We agree with Prelwitz that this issue presents a claim of fundamental error. The non-existence of a probation condition that the State alleges to have been violated certainly “go[es] to the foundation of the case” in a probation violation proceeding. To accept a defendant’s admission to violating a term that was never part of his probation agreement is, we believe, taking from the defendant a right “which was essential to his defense and which no court could or ought to permit him to waive.” Manifestly, revoking probation for violation of a non-existent term of which the defendant had no notice is not consistent with due process. See Douglas v. Buder, 412 U.S. 430, 93 S.Ct. 2199, 37 L.Ed.2d 52 (1973) (<HOLDING>). Because this amounts to an issue of Options: A. holding that failure to file a monthly report was not deliberate violation of probation where probationer was incarcerated B. holding that failure to report to probation office as instructed was not willful violation of probation where probationer was imprisoned at time of scheduled appointment C. holding that it was a deprivation of due process to find that a probationer had violated probation by failing to immediately report that he had received a traffic citation where such reporting was not required as a term of the probation D. holding that the special needs of wisconsins probation system justified a warrantless search of a probationer by probation officers pursuant to a wisconsin regulation that allowed probation searches based on reasonable grounds E. holding that probation is not a sentence

assistant: The best answer is C. holding that it was a deprivation of due process to find that a probationer had violated probation by failing to immediately report that he had received a traffic citation where such reporting was not required as a term of the probation
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: federal law occurred when the lawyer’s practice had been specifically authorized by a separate federal admissions authority. {¶ 10} For example, in Disciplinary Counsel v. Harris, 137 Ohio St.3d 1, 2013-Ohio-4026, 996 N.E.2d 921, ¶ 14-15, this court found that Harris did not engage in the unauthorized practice of law when he represented a client before the United States Bankruptcy Court for the Northern District of Ohio, because he had been admitted to practice in that court, even though he had not been admitted to the Ohio bar. In doing so, we acknowledged that “ ‘[a] bankruptcy court has the power to regulate the practice of law in the cases before it.’ ” Id. at ¶ 15, quoting In re Ferguson, 326 B.R. 419, 422 (Bankr.N.D.Ohio 2005). See also In re Desilets, 291 F.3d 925 (6th Cir.2002) (<HOLDING>). Distinguishing Swendiman’s case from Harris Options: A. holding that an attorney licensed in texas and admitted to practice before a federal bankruptcy court in michigan was authorized to practice federal bankruptcy law in michigan even though he was not licensed in michigan because the bankruptcy courts rules permitted the attorney not only to appear before the bankruptcy court but also to counsel clients in bankruptcy actions or proceedings B. holding that the bankruptcy court has the inherent power to award sanctions for badfaith conduct in a bankruptcy court proceeding C. holding that the district court sitting in review of the decision of the bankruptcy court erred in concluding that plaintiffs failure to pay over taxes was willful because the bankruptcy court had made no findings on willfulness we remanded for bankruptcy court findings D. holding that the bankruptcy court lacked subject matter jurisdiction over counterclaims asserted by the bankruptcy estate against a creditor where the claim is a state law action independent of the federal bankruptcy law and not necessarily resolvable by a ruling on the creditors proof of claim in the bankruptcy emphasis added E. holding that bankruptcy court is without jurisdiction to control disposition of chapter 13 debtors property that is not property of the bankruptcy estate unless the property is related to the bankruptcy proceedings of the code

assistant: The best answer is A. holding that an attorney licensed in texas and admitted to practice before a federal bankruptcy court in michigan was authorized to practice federal bankruptcy law in michigan even though he was not licensed in michigan because the bankruptcy courts rules permitted the attorney not only to appear before the bankruptcy court but also to counsel clients in bankruptcy actions or proceedings
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 a Change in Control, as that term is defined under Section 11 of the Plan, prior to the end of any Restriction Period of the Award, to the extent the successor company (or a subsidiary or parent thereof) does not assume or provide a substitute for the Award on substantially the same terms and conditions, the Award shall become unrestricted and fully vested and the Units that become so vested shall be distributed pursuant to Section 3 on the regularly scheduled Payment Dates. To the extent the successor company (or a subsidiary or parent thereof) assumes or provides a substitute for the Award on substantially the same terms and conditions, the existing vesting schedule will continue to apply, provided , however , that, if within 24 months following the date of a Change in Control, the Employee’s employment with the Company is terminated without Cause or due to Normal Retirement, Early Retirement, Disability under the Company’s or one of its subsidiaries’ retirement or disability plans, or death, the Award shall become unrestricted and fully vested and distributed (x) pursuant to Section 3 on the regularly scheduled Payment Dates or (y) in the case of the termination of the Employee’s employment with the Company due to death, within 60 days following the date of the Employee’s death to the beneficiary designated by the Employee (or if the Employee has not designated a beneficiary, to the representative of the Employee’s estate).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: abandoning the truck. At this point, the deputies had no concrete information that Defendant was the driver involved in the accident, or even at home. Id. ¶ 43 (noting that the officers were unaware if the defendant was even in the home). {12} Even assuming the deputies knew that Defendant was the driver, they had no specific information that he was seriously injured and in need of immediate aid. See id. (stating that the officers’ information was insufficient where they “did not know the nature or extent of the injury” or even “whether he was injured). There were no obvious indications in the cab of the truck, such as blood or impacts to the windshield coming from inside, that any of the vehicle’s occupants were injured. See City of Fargo v. Ternes, 522 N.W.2d 176, 177-78 (N.D. 1994) (<HOLDING>). More importantly, none of the witnesses who Options: A. holding that the dissipation of alcohol from a persons blood stream constitutes a sufficient exigency to justify a warrantless blood draw B. holding that warrantless blood draw did not violate the defendants constitutional rights and citing as only exigency the fact that alcohol in blood is quickly consumed and the evidence would be lost forever C. holding that probable cause was clearly present justifying the taking of a blood sample without the defendants consent when it was established that the defendant was involved in an automobile accident and the police noticed liquor on his breath at the scene of the accident and at the hospital D. holding that one circumstance justifying the officers reasonable belief that a driver in an accident suffered sufficiently serious injuries was the presence of blood on the seat and blood mingled with glass on the dashboard and steering wheel E. holding that under the oregon constitution when a person consents to have their blood drawn and tested for specified substances the scope of that consent limits the scope of the states power to test the blood without a warrant

assistant: The best answer is D. holding that one circumstance justifying the officers reasonable belief that a driver in an accident suffered sufficiently serious injuries was the presence of blood on the seat and blood mingled with glass on the dashboard and steering wheel
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: where vivino has provided you with a translation of the english language version of these terms of use , then you agree that the translation is provided for your convenience only and that the english language versions of the terms will govern your relationship with vivino .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms are concluded between you and niantic , and not with app provider , and that , as between us and the app provider , niantic is solely responsible for the app .

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: Excluding tenant evictions, if any, Schedule 3(k) attached hereto sets forth each instance in which the Target or the Co-Invest (i) is subject to any outstanding injunction, judgment, order, decree, ruling, or charge exceeding U.S. $5,000, (ii) is named in any claim or series of claims filed by any person with any governmental authority (including, without limitation, consumer protection agencies), or (iii) is a party to (or, to the knowledge of Seller, has been threatened to be made a party to) any action, suit, proceeding, hearing, or investigation of, in, or before any court or quasi-judicial or administrative agency of any federal, state, local, or foreign jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: implies the existence of all necessary and appropriate remedies.” Franklin v. Gwinnett County Public Schools, 503 U.S. 60, 69, 112 S.Ct. 1028, 117 L.Ed.2d 208 (1992) (citation omitted). As such, the Supreme Court has interpreted other anti-discrimination statutes to include an implied right to be free from retaliation. See Sullivan v. Little Hunting Park, 396 U.S. 229, 90 S.Ct. 400, 24 L.Ed.2d 386 (1969) (finding that 42 U.S.C. § 1982 prohibited retaliation even though the text of § 1982 does not mention retaliation), Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972) (finding that retaliation is actionable despite the lack of an express bar on retaliation in the statutory language of 42 U.S.C. § 1983). The D.C. Circuit interpreted the Supr .3d 1333 (11th Cir.2002) (<HOLDING>). The Supreme Court has interpreted Title IX Options: A. recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim B. holding that title vii principles govern retaliation claims arising under title ix and assuming that teachers have standing to raise retaliation claims under title ix based upon complaints raised on behalf of their students C. holding that a claim for damages exists in an action to enforce title ix D. holding that the elements of a hostile environment claim under title vii equally apply under title ix E. holding that a claim for retaliation does not lie under title ix

assistant: The best answer is E. holding that a claim for retaliation does not lie under title ix
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: ... mitigation.”). In either event, this court may not substitute its judgment for that of the ALJ or DEP on this issue. In this appeal, the Authority argues that section 373. urance Co. of Fla. v. Williams, 212 So.2d 777, 778 (Fla. 1st DCA 1968)). While the Authority cites to legislative history that seems to indicate that the legislature’s intent was to require the mitigation to “fully offset” the adverse impacts, the statute as enacted does not contain that language, and this court cannot rewrite the statute to say so. See State v. Jett, 626 So.2d 691, 693 (Fla.1993) (“It is a settled rule of statutory construction that unambiguous language is not subject to judicial construction, however wise it may seem to alter the plain language.”); Ervin v. Collins, 85 So.2d 852, 855 (Fla.1956) (<HOLDING>). Ironically the statute itself, as written, Options: A. holding that it is not B. holding that speculation as to how the evidence might have been beneficial was not enough C. holding that an appellate court must give a statute its clear and plain meaning when the statute is unambiguous D. holding that the interpretation of an unambiguous contract is a question of law E. holding that the court is not permitted to revise an unambiguous statute by engrafting our views as to how it should have been written

assistant: The best answer is E. holding that the court is not permitted to revise an unambiguous statute by engrafting our views as to how it should have been written
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 Credit Party shall: (a) agree to any License Agreement amendment that could reasonably be expected to materially and adversely affect (i) the rights and privileges of franchisee thereunder; or (ii) the rights, privileges, and remedies of Agent and the Lenders under the Loan Documents, with respect to the Collateral or the License Agreement; or (b) assign, transfer, mortgage, pledge or otherwise encumber any License Agreement or any interest therein to any Person other than Agent. Borrower shall send Agent a copy of all License Agreement amendments promptly following execution thereof by Licensor and Borrower.

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 legal provision and list the applicable contract clause categories. Provision: If, at any time commencing on the date which is twelve (12) months prior to the Initial Expiration Date or any Expiration Date for a Renewal Term, 50% or more of the square feet of the Improvements are so damaged or destroyed by fire or other casualty that they are rendered substantially untenantable, Lessee shall have the right, upon ten (10) Business Days’ prior written notice to Lessor, to terminate this Lease. Upon the date which is ten (10) Business Days following Lessor’s receipt of such notice, this Lease shall be deemed terminated and of no further force and effect and all insurance proceeds in connection with such casualty, shall be paid to, and retained by, Lessor free and clear of any claim by or through Lessee.

assistant: Terminations
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 mandates of Section 1791 when it sent the “Important Notice” to the insured. The insured does not deny that she received the “Important Notice” form from Harleysville, but argues that she neither signed nor returned the “Important Notice” to Harleysville. Pennland contends that the insured’s receipt of the statutory “Important Notice,” her payment of the renewal premiums and her signature on the coverage selection form operate as a conclusive presumption that she actually knew and understood that her UM/UIM coverage limit was $35,-000.00 instead of $100,000.00. We agree that when Harleysville provided the insured with the “Important Notice” form, a conclusive presumption that the insured had notice of the UM/UIM limits and coverages available was established. See Emig, supra (<HOLDING>). However, under Section 1734, it is necessary Options: A. holding that notice to the attorney of record constitutes notice to the petitioner B. holding that notice to supervisor is notice to city C. holding that upon receipt of the important notice a conclusive presumption of notice was established D. holding that denial of receipt of notice of trial did not rebut presumption of trial courts certificate of mailing of notice requiring an evidentiary hearing E. holding that the invocation of a presumption of notice requires the agency to prove that the notice was properly addressed

assistant: The best answer is C. holding that upon receipt of the important notice a conclusive presumption of notice was established