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: The Plan may be amended or terminated by the Company at any time and in any manner prior to the happening of any event in connection with or in anticipation of a Change of Control that actually occurs, provided that no amendment or termination shall adversely affect the rights and benefits of Participants with respect to Compensation deferred pursuant to the Plan prior to such action. After the happening of any event in connection with or in anticipation of a Change of Control that actually occurs: (a) no amendment shall be made which adversely affects the rights and benefits of Participants with respect to compensation deferred or benefits accrued pursuant to the Plan prior to such amendment; and (b) no amendment may be made with respect to any provision of the Plan which becomes operative upon a Change of Control. Notwithstanding the foregoing, the Company may amend the Plan (whether before or after a Change of Control) to the extent it reasonably deems necessary to comply with the requirements of Section 409A of the Code.

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: would have no difficulty recognizing the attempt as within the Governor’s authority as the State’s chief executive officer. If, on the other hand, his actions in fact conflict with or infringe upon what is the essence of legislative authority — the making of law — then the Governor has exceeded his authority. APPLICATION OF THE DOCTRINE OF SEPARATION OF POWERS TO THE COMPACT WITH POJOAQUE PUEBLO The Governor may not exercise power that as a matter of state constitutional law infringes on the power properly belonging to the legislature. We have no doubt that the compact with Pojoaque Pueblo does not execute existing New Mexico statutory or ease law, but that it is instead an attempt to create new law. Cf. Texas v. New Mexico, 462 U.S. 554, 564, 103 S.Ct. 2558, 2565, 77 L.Ed.2d 1 (1983) (<HOLDING>); West Virginia ex rel. Dyer v. Sims, 341 U.S. Options: A. holding that upon approval by congress a compact between states becomes federal law that binds the states B. holding that congress may condition states receipt of federal funds if it does so unambiguously enabling states to exercise their choice knowingly C. holding that a states law is materially different from california law if application of the other states law leads to a different result D. recognizing federal constitutional claim against the united states E. holding that congress did not authorize the states to enforce federal law where it gave states regulatory control through enforcement of their own laws

assistant: The best answer is A. holding that upon approval by congress a compact between states becomes federal law that binds the states
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in consideration of you agreeing to abide by these terms , we grant you a non-transferable , non-exclusive licence to download , access and use the skyscanner services and/or skyscanner platforms for your own personal , non-commercial purposes and for no other purpose .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The obligations of the Borrower under Sections 4.3 , 4.4 , 4.5 , 4.6 , 4.7 , 12.3 and 12.4 , and the obligations of the Lenders under Section 11.1 , shall in each case survive any termination of this Agreement and the other Loan Documents and the payment in full of all Obligations. The representations and warranties made by the Borrower in this Agreement shall survive the execution and delivery of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: in E.A.R. and (2) whether the court’s departure reasons are supported by the evidence.” Id. (citing E.A.R., 4 So.3d at 638-39). Whether the trial court employed the proper legal standard is reviewed de novo. Id. Section 985.433, Florida Statutes (2016), governs the disposition hearing in delinquency proceedings. Under subsection (6), the first determination to be made is “the suitability or nonsuitability for adjudication and commitment of the child to the [Department.” § 985.433(6), Fla. Stat. (2016). This Court has recognized that subsection (6) gives wide discretion to the trial court in determining whether to commit a child to the Department and that the rigorous analysis in E.A.R. does not apply to this initial determination. J.B.S. v. State, 90 So.3d 961, 967 (Fla. 1st DCA 2012) (<HOLDING>); B.K.A. v. State, 122 So.3d 928, 930 (Fla. 1st Options: A. holding that analysis under section 1301g is not the same as the analysis under section 1301f and that the existence of accident or mistake is irrelevant because appellants moved for relief only under section 1301f B. holding that probation is not a sentence C. holding jury is entitled to accept the states version of the facts and reject appellants version or reject any of the witnesses testimony D. holding the ear analysis did not apply to the trial courts initial determination made under section 9854336 to reject the departments recommendation of probation in favor of commitment E. holding that unlike adults juveniles may not reject probation

assistant: The best answer is D. holding the ear analysis did not apply to the trial courts initial determination made under section 9854336 to reject the departments recommendation of probation in favor of commitment
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 terms and provisions of this Agreement are severable in whole or in part. If a court of competent jurisdiction determines any term or provision of this Agreement is invalid, illegal, or unenforceable, then the remaining terms and provisions shall remain in full force and effect.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: a description of where the material that you claim is infringing is located on the service ( and such description must be reasonably sufficient to enable us to find the alleged infringing material ) ;

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The covenants, representations and warranties contained in this Subscription Agreement shall be binding on the Subscriber’s and the Company’s heirs and legal representatives and shall inure to the benefit of the respective successors and assigns of the Company. The rights and obligations of this Subscription Agreement may not be assigned by any party without the prior written consent of the other party.

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: so doing may also evaluate its probable impact on a new trial in light of all the facts and circumstances shown at the original trial of the case." Id. While the evidence may have been impeaching as to Brasher, the evidence does not "destroy[ ] or obliterate[ ] the testimony upon which [the] conviction was obtained." State v. McCraney, 719 N.E.2d 1187, 1190 (Ind.1999) (quoting Wilson v. State, 677 N.E.2d 586, 588 (Ind.Ct.App.1997)). As the State points out, Jackson and Belcher's testimony was sufficient to support Morgan's convictions even if Brasher's testimony was "totally disregarded by the jury." Appellee's Brief at 23. We conclude that the alleged "newly discovered evidence" would not likely have produced a different result in a new trial. See, e.g., Thompson, 796 N.E.2d at 840 (<HOLDING>). For the foregoing reasons, we affirm Morgan's Options: A. holding that posttrial discovery of asserted newly discovered evidence did not satisfy the requirement that the evidence must be such as with reasonable diligence could not have been discovered and produced at trial B. holding seventh state petition for postconviction relief which was based on newly discovered evidence but rejected by the state courts because the evidence was not newly discovered was properly filed C. holding that in order to qualify as newly discovered evidence the evidence must have been in existence and hidden at the time of judgment D. holding that the defendants evidence did not qualify as newly discovered evidence E. holding that unavailable evidence may constitute newly discovered evidence if the failure to learn of the evidence did not result from the defendants lack of due diligence

assistant: The best answer is D. holding that the defendants evidence did not qualify as newly discovered evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: None of the written reports, financial statements, certificates or other written information (other than the Projections, as defined below, other forward-looking information and information of a general economic or industry specific nature) furnished or otherwise made available by the Borrowers or any Restricted Subsidiary of the Parent Borrower to the Administrative Agent or any of its Affiliates in connection with the negotiation or performance of this Agreement or any other Loan Document (as modified or supplemented by other information so furnished or made available) when considered as a whole contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not materially misleading as of the date such information is furnished or made available. All financial projections concerning the Parent Borrower and its Restricted Subsidiaries, that have been furnished or otherwise made available by or on behalf of the Parent Borrower to the Administrative Agent or any of its Affiliates in connection with the negotiation or performance of this Agreement or any other Loan Document (the “ Projections ”) have been prepared in good faith based upon assumptions believed by the Parent Borrower to be reasonable at the time made available to such Persons, it being understood that actual results may vary materially from the Projections. For the avoidance of doubt, it is understood that the Administrative Agent shall have no duty to examine or investigate any written reports, financial statements, certificates or other written information delivered by the Parent Borrower pursuant to this Article 7 VII .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to ensure that all personally identifiable information you provide to us is accurate and up to date and that you have obtained all consents , licenses or approvals necessary to enable us to use that information in accordance with these terms and with our privacy policy .

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: for currencies that are denominated in large numbers , airbnb may determine the functional base unit in which those currencies are denominated to be 10 , 100 or 1,000 of the currency ; for example , airbnb may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040 , or 837,500 up to 838,000 and 837,499 down to 837,000 .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 371, and armed bank robbery, in violation of 18 U.S.C. § 2113(a)(d). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Collins contends that the district court grossly abused its discretion when it denied his Rule 35(a) motion. We disagree. The district court did not abuse its discretion by determining that the stipulation entered into by the parties and read to the jury provided sufficient evidence from which a rational juror could infer that the deposits of the banks were federally insured at the time of the offenses alleged in the indictment. See United States v. Chapel, 41 F.3d 1338, 1340 (9th Cir.1994) (stating that a bank official’s testimony is not required to prove the federally-insured status of a bank); United States v. Mathews, 833 F.2d 161,164 (9th Cir.1987) (<HOLDING>). AFFIRMED. ** This disposition is not Options: A. holding that an agreement may be inferred entirely from circumstantial evidence B. holding that parties may stipulate to facts from which jurisdiction may be inferred C. holding that a prosecutors motive may often be inferred from the totality of relevant facts D. holding that fraud may be inferred from circumstantial evidence E. holding intent may be inferred from all facts and circumstances

assistant: The best answer is B. holding that parties may stipulate to facts from which jurisdiction may be inferred
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: original intended purpose requirement. Indeed, two of the words, “repair” and “refurbish,” lend themselves most naturally to an interpretation that an item will retain its originally intended purpose. See, e.g., Webster’s Third New International Dictionary 1923 (2002) (defining “repair” as “to restore by replacing a part or putting together what is torn or broken” (emphasis added)); id. at 1910 (defining “refurbish” as “to make as if new”); see also In re Mallo, 774 F.3d 1313, 1321 (10th Cir.2014) (recognizing that we interpret words using their ordinary and common meanings). And there is nothing about any of the other three words, “resold,” “donated,” and “reused,” that excludes an original intended purpose requirement. See, e.g., Webster’s at 672 (defining “donate” as “to make 05) (<HOLDING>). But see Tebbetts v. Whitson, 956 P.2d 639, Options: A. holding that a superior court can adjudicate a child as a child in need of aid based on the acts of just one parent B. holding a fetus is not a child person or individual for purposes of criminal prosecution under the reckless injury to a child statute C. holding that an outofwedlock childs pending claim for retroactive child support was nondischargeable in bankruptcy because a debt for child support arises upon the birth of the child and that the fact that no court had yet ordered the debtor to support the child does not take the debt outside the scope of 11 usc 523a5 D. holding that statute defining prostitution of a child as inducing a child to perform sex acts through the use of coercion threat or intimidation or in exchange for money can reasonably be construed in two different ways one which does not require a commercial transaction and one that does and turning to the legislative history for guidance E. holding an unborn child is not a child for purposes of criminal prosecution of mistreatment of a child

assistant: The best answer is D. holding that statute defining prostitution of a child as inducing a child to perform sex acts through the use of coercion threat or intimidation or in exchange for money can reasonably be construed in two different ways one which does not require a commercial transaction and one that does and turning to the legislative history for guidance
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: decision. C. Whether the RFC accounts for all of Mr. Candelario’s limitations. Mr. Candelario testified that, about one year prior to the June 2002 hearing, he began to need to lie down five or six times a day for up to one hour each time. See Aplt.App. at 374. When the ALJ asked the VE to assume a person had to lie down five or six times a day for up to one-half hour, a lesser limitation, the VE testified that none of the jobs he identified would be available. As the ALJ recognized, however, the asserted limitation began after the relevant time period. Even if it was relevant, the ALJ explained that the limitation was inconsistent with the record evidence. Accordingly, he properly disregarded the VE’s testimony on this point. See Gay v. Sullivan, 986 F.2d 1336, 1341 (10th Cir.1993) (<HOLDING>). Mr. Candelario also takes issue with the Options: A. holding that an alj is entitled to rely on vocational experts testimony that is based on assumptions that are supported by evidence in the record B. holding that testimo ny premised on limitations unsupported by the evidence is not binding on an alj C. holding that the alj properly relied on medical evidence undermining claimants subjective assessment of limitations D. holding that arbitration award is binding on the parties E. recognizing that the findings of the circuit court on factual issues arising on a motion to quash service of process for lack of jurisdiction are binding on the appellate court unless wholly unsupported by the evidence or controlled by error of law

assistant: The best answer is B. holding that testimo ny premised on limitations unsupported by the evidence is not binding on an alj
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: Without duplication of Section 2.13(b), the Credit Parties shall indemnify each Agent and each Lender, within ten (10) days after demand therefor, for the full amount of any Indemnified Taxes (including Indemnified Taxes imposed or asserted on or attributable to amounts payable under this Section) payable or paid by such Agent or such Lender or their respective Tax Related Persons, as the case may be (or required to be withheld or deducted from a payment to such Person), relating to, arising out of, or in connection with any Credit Document or any payment or transaction contemplated hereby or thereby, whether or not such Taxes were correctly or legally imposed or asserted by the relevant Governmental Authority, and all reasonable costs and expenses arising therefrom or with respect thereto or incurred in enforcing the provisions of this Section 2.13. A certificate from the relevant Lender or Agent, setting forth in reasonable detail the basis and calculation of such Taxes shall be conclusive, absent manifest error.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: any dispute or claim relating in any way to these terms and conditions or the service will be resolved by binding arbitration , rather than in court , except for duolingo 's right to seek injunctive relief as set forth below .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, and all claims or causes of action (whether in contract or tort) that may be based upon, arise out of or relate to this Agreement or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement), will be construed in accordance with and governed by the laws of the State of Delaware without regard to principles of conflicts of laws. Any action against any party relating to the foregoing shall be brought in any federal or state court of competent jurisdiction located within the State of Delaware, and the parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of any federal or state court located within the State of Delaware over any such action. The parties hereby irrevocably waive, to the fullest extent permitted by applicable Law, any objection that they may now or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient forum for the maintenance of such dispute. Each of the parties hereto agrees that a judgment in any such dispute may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: removal from flight for disorderly conduct expressly preempted by federal law), with Smith v. Am. W. Airlines, Inc., 44 F.3d 344, 346 (5th Cir.1995) ("Neither the language nor history of the ADA implies that Congress was attempting to displace state personal injury tort law concerning the safety of the airline business."), and In re Air Disaster, 819 F.Supp. 1352 (E.D.Mich.1993) (negligence claims arising from an airplane crash, alleging negligent operation of airplanes, not preempted by ADA). 5 . Although Atlantic Coast does not raise the issue in precise terms on transfer, it seems to imply that federal law also preempts the Cooks' breach of contract claim. However that is not the case. See Am. Airlines, Inc. v. Wolens, 513 U.S. 219, 222, 115 S.Ct. 817, 130 L.Ed.2d 715 (1995) (<HOLDING>); Weiss v. El Al Israel Airlines, Ltd., 433 Options: A. holding that when a contract is unambiguous the court will enforce the plain meaning of the contract as the intention of the parties B. holding that contract terms themselves will be controlling when they establish the parties common meaning so that a reasonable person in the position of either party would have no expectations inconsistent with the contract language C. holding a deviation from the terms of a contract constitutes an impairment of contract D. recognizing that the elements of a claim for breach of contract are 1 existence of a valid contract and 2 breach of the terms of that contract E. holding that the adas preemption prescription bars stateimposed regulation of air carriers but allows room for court enforcement of contract terms set by the parties themselves

assistant: The best answer is E. holding that the adas preemption prescription bars stateimposed regulation of air carriers but allows room for court enforcement of contract terms set by the parties themselves
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 agreements in this Section and the indemnity provisions of Section 10.02(e) shall survive the resignation of the Administrative Agent, the L/C Issuer and the Swingline Lender, the replacement of any Lender, the termination of the Aggregate Commitments and the repayment, satisfaction or discharge of all the other Obligations.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: A lump sum payment, within 30 days of Executive’s Death, in an amount equal to the Corporation’s contributions for 12 months towards health and medical benefits for any covered spouse or dependent of Executive at the contribution rate then in effect on the date of Executive’s death. Notwithstanding the foregoing, in accordance with Part 6 of Title I of ERISA, the Executive’s qualified beneficiaries will be eligible to elect COBRA continuation coverage in the Corporation’s group health plans in connection with the Executive’s death. (c) Equity Awards/Stock Options/Corporation Stock .

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 legal provision and list the applicable contract clause categories. Provision: All notices, requests and demands to or upon the Administrative Agent or any Lender shall be effected in the manner provided in Section 9.01 of the Credit Agreement; any notice, request or demand to or upon the CME Subsidiary Guarantor shall be addressed to the CME Subsidiary Guarantor at its notice address set forth on Schedule 1 hereto.

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: This Agreement (i) constitutes the entire agreement between the parties concerning the subjects hereof and supersedes all prior agreements (except for any long-term incentive award agreements entered into between MKHL and Kors), (ii) may not be assigned by Kors without the prior written consent of the Company Parties, but shall be binding upon and inure to the benefit of Kors’ heirs, legal representatives and permitted assigns (without limiting the generality of the foregoing, the provisions of Sections 4 and 7 hereof specifically shall inure to the benefit of such heirs, legal representatives, successors and permitted assigns), (iii) may be assigned by the Company Parties in connection with any transfer of all or a substantial portion of such entity’s assets and shall be binding upon, and inure to the benefit of, the Company Parties’ successors and assigns, and (iv) may not be amended, modified or supplemented except by a writing signed by each party.

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 case excerpt and choose the best holding from the options. Case excerpt: foreign tribunal, the character of the proceedings underway abroad, and the receptivity of the foreign government or the court or agency abroad to U.S. federal-court judicial assistance”; (3) “whether the § 1782(a) request conceals an attempt to circumvent foreign proof-gathering restrictions or other policies of a foreign country or the United States”; and (4) whether the request is otherwise “unduly intrusive or burdensome.” In re Clerici, 481 F.3d at 1334 (quoting Intel, 542 U.S. at 264-65, 124 S.Ct. 2466). Section 1782(a) further “directs judges to provide discovery assistance pursuant to the Federal Rules of Civil Procedure,” Weber v. Finker, 554 F.3d 1379, 1383 (11th Cir.2009), so long as the order does not prescribe the practice a Ltd., 2010 WL 1796579, at *6-7 (S.D.Fla.2010) (<HOLDING>); see also Comision Ejecutiva, Hidroelectrica Options: A. holding issues within scope of administrative hearing are within the reviewing courts purview B. holding that the flsa is not within the purview of section 5 of the fourteenth amendment C. holding that bad faith handling of an insureds claim fell within the act D. holding an arbitration tribunal fell within the purview of section 1782 E. holding in a title vii case that it was within the purview of the courts discretion to determine whether or not the actual time expended by an additional attorney was reasonable

assistant: The best answer is D. holding an arbitration tribunal fell within the purview of section 1782
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: proceedings, if any, does a bankruptcy court have jurisdiction subsequent to the dismissal of the underlying bankruptcy case? As a general rule, the dismissal of a bankruptcy case results in the dismissal of non-core, related proceedings, because the bankruptcy court’s jurisdiction over the related proceeding depends on its nexus with the underlying bankruptcy case. Tim Wargo & Sons, Inc. v. Mankin Farms, Inc. (In re Tim Wargo & Sons, Inc.), 107 B.R. 626 (Bankr.E.D.Ark.1989) (citing In re Smith, 866 F.2d 576, 580 (3rd Cir.1989)). Although, the bankruptcy court may have the discretion to determine whether it is proper to exercise jurisdiction after the underlying case has been dismissed or closed. See Carraher v. Morgan Electronics, Inc. (In re Carraher), 971 F.2d 327 (9th Cir.1992) (<HOLDING>); accord, In re Morris, 950 F.2d 1531, 1534 Options: A. holding that an appeal challenging a bankruptcy court order approving a foreclosure sale became moot upon dismissal of the underlying bankruptcy case B. holding that it is axiomatic that remanding a case to state court terminates the jurisdiction of a federal bankruptcy or district court over that case C. holding an appellate court has the discretion to retain jurisdiction to render a decision on the merits of a case notwithstanding the filing of a notice of voluntary dismissal D. holding that bankruptcy courts must consider economy convenience fairness and comity in determining whether to retain jurisdiction over related proceedings after the dismissal of the underlying bankruptcy case E. holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case

assistant: The best answer is E. holding that bankruptcy court has discretion to retain jurisdiction over related case after dismissal of the underlying bankruptcy case
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 sets forth the entire understanding of the parties with respect to the matters contemplated herein and supersedes any and all prior agreements or understandings between the parties relating to such subject matter. No person has any authority to make any representation or promise on behalf of any of the parties which is inconsistent with the representations set forth in the Agreement and the Agreement has not been executed in reliance on any promise or representation not set forth in the Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any Lender may at any time, without the consent of, or notice to, the Company or the Administrative Agent or the Swing Line Lender, sell participations to any Person (other than a natural Person or a holding company, investment vehicle or trust for, or owned and operated for, the primary benefit of a natural Person, a Defaulting Lender or the Company or any of the Company’s Affiliates or Subsidiaries) (each, a “ Participant ”) in all or a portion of such Lender’s rights and/or obligations under this Agreement (including all or a portion of its Commitment and/or the Loans (including such Lender’s participations in Swing Line Loans) owing to it); provided that (i) such Lender’s obligations under this Agreement will remain unchanged, (ii) such Lender will remain solely responsible to the other parties hereto for the performance of such obligations and (iii) the Company, the Administrative Agent and the Lenders will continue to deal solely and directly with such Lender in connection with such Lender’s rights and obligations under this Agreement. For the avoidance of doubt, each Lender shall be responsible for the indemnity under Section 10.04(c) without regard to the existence of any participation.

assistant: Participations
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: to be at the expense of the latter. B. Enhancement of the Lodestar. The district court applied a fifty percent multiplier to a portion of the attor neys’ hours. Judge Pieras gave two reasons. First, he cited the quality of service (extremely high) and the degree of success (very great). Second, he found that the lawyers’ fees were contingent on success and that the aleatory nature of the engagement warranted an enhancement to compensate for the risk of nonpayment. We approach this phase of our inquiry mindful that determining whether a particular type of enhancement to a lodestar is legally viable involves mainly a question of law. Thus, appellate review of such determinations is plenary. See, e.g., Dedham Water Co. v. Cumberland Farms Dairy, Inc., 972 F.2d 453, 457 (1st Cir.1992) (<HOLDING>); Brewer v. Madigan, 945 F.2d 449, 452 (1st Options: A. holding that claimed errors of law are subject to plenary review B. holding that instructional errors that are trial errors are subject to harmless error analysis C. holding trial errors are subject to a harmless error analysis D. holding claimed errors waived for failure to timely object E. holding that a district courts determination of its jurisdiction to resentence a defendant is subject to plenary review

assistant: The best answer is A. holding that claimed errors of law are subject to plenary review
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: it, we more fully address that argument infra. As relevant here, suffice it to say that regardless whether U.S. Bank may theoretically rescind the acceleration pursuant to Section 4.02(d) of the Indentures (or waive Events of Default pursuant to Section 4.05) the bankruptcy court did not err in concluding that any attempt to do so would be an attempt to modify contract rights and would therefore be subject to the automatic stay that went into effect when American made its § 1110(a) elections. In re AMR Corp., 485 B.R. at 294; see In re Enron Corp., 300 B.R. 201, 212 (Bankr.S.D.N.Y.2003) (noting that “contract rights are property of the estate ... protected by the automatic stay” (internal quotation marks omitted)); accord In re 48th St. Steakhouse, Inc., 835 F.2d 427, 431 (2d Cir.1987) (<HOLDING>). As of the filing of its bankruptcy petition Options: A. holding that landlords effort to terminate a prime tenants lease violated automatic stay with respect to debtors sublease B. holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress C. holding the same with respect to an apartment D. holding the same with respect to violations of the fifth amendment E. holding to that effect with respect to rule 64

assistant: The best answer is A. holding that landlords effort to terminate a prime tenants lease violated automatic stay with respect to debtors sublease
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Loan Parties covenants and agrees that it shall not, and shall not permit any of its Subsidiaries to, knowingly, directly or indirectly conduct its business in violation of any applicable Anti-Corruption Laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Russell, 427 U.S. 328, 96 S.Ct. 2709, 49 L.Ed.2d 534 (1976); Burris v. Davis, 46 Ariz. 127, 46 P.2d 1084 (1935). On the other hand, in situations in which the inferior court system meets constitutional criteria, a surprising number of decisions have held that the ‘trial de novo’ guaranteed by statute is limited in scope. See, e.g., Jenkins v. Canaan Municipal Court, 116 N.H. 616, 366 A.2d 208 (1976) (appeal after guilty plea limited to sentencing questions); State ex rel. Kansas City v. Meyers, 513 S.W.2d 414 (Mo.1974) (appeal after guilty plea limited to questions of jurisdiction, sufficiency of criminal charges, and to appellate review of validity of plea). But see, e.g., State v. Fox, 34 N.C.App. 576, 239 S.E.2d 471 (1977); State ex rel. O’Neill v. Gay, 285 S.E.2d 637 (W.Va.1981) (<HOLDING>).” 104 N.M. at 182-83, 718 P.2d at 692-93. We Options: A. holding that a defendant has right to be represented by counsel in all criminal trials for serious offenses B. holding subsequently reversed by legislation forbidding appeals from guilty pleas where defendant was represented by counsel wvacode 50513 cumsupp1985 C. recognizing a defendants constitutional right to be represented by counsel of his own choice D. holding that a corporate entity must be represented by licensed counsel E. holding that pleadings filed by a criminal defendant who is represented by counsel are generally treated as a nullity

assistant: The best answer is B. holding subsequently reversed by legislation forbidding appeals from guilty pleas where defendant was represented by counsel wvacode 50513 cumsupp1985
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: argue that the Ordinance is expressly preempted by any provision of federal law. 4 . The dissenting opinion’s assertion that the Supreme Court rejected this analysis in DeCanas, confuses the field and conflict preemption inquiries. The Court in DeCanas noted that § 1324’s then-exemption of employment from the defin 8021265 (D.Ariz. Sept. 5, 2012) (enjoining Arizona law creating state crimes for, inter alia, transporting and harboring aliens as preempted by § 1324). The Eleventh Circuit held, as we do here, that failing to limit harboring to activity facilitating evasion from federal authorities was an "untenable expansion of the federal harboring provision.” Alabama, 691 F.3d at 1288. But see Keller v. City of Fremont, No. 12-1702, 719 F.3d 931, 2013 WL 3242111 (8th Cir. June 28, 2013) (<HOLDING>). 10 . As previously noted, an occupancy Options: A. holding that the application of an element of a state law tort is preempted if in holding a defendant hable for the conduct there would be conflict with federal patent law B. holding that a local ordinance prohibiting rental housing for illegal aliens was not field preempted and did not conflict with the federal removal process and where the ordinance specified it did not prohibit conduct expressly permitted by federal law did not conflict with federal antiharboring law C. holding that 1324 preempted a local ordinance prohibiting renting housing to illegal aliens D. holding that common law misrepresentation claims were not preempted because they did not conflict with a fmvss E. holding city ordinance preempted by state law because ordinance prohibited act specifically allowed under state law

assistant: The best answer is B. holding that a local ordinance prohibiting rental housing for illegal aliens was not field preempted and did not conflict with the federal removal process and where the ordinance specified it did not prohibit conduct expressly permitted by federal law did not conflict with federal antiharboring law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 620, 622 (La.App.1967) (same). Takings of temporary easements are measured differently. A landowner must be compensated for the loss of use of property taken by a temporary easement and any impairment of access to the property during the period of construction. Miczek v. Commonwealth, 32 Mass.App. Ct. 105, 108, 586 N.E.2d 1004, 1005 (1992) (involving temporary slope easement). Some courts have held that the damages are equal to the rental value of the property for the period of occupation. 4 Nichols at § 12E.01. This is commonly measured by the rental value of the property as a whole. See Paddock v. Town of Durham, 110 N.H. 106, 108, 261 A.2d 438, 441 (1970); 4A Nichols at § 14.2462. Cf. Kimball Laundry Co. v. United States, 338 U.S. 1, 8, 69 S.Ct. 1434, 1439, 93 L.Ed. 1765 (1949) (<HOLDING>). E. Miscellaneous Damages are to be measured Options: A. holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained B. 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 C. holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure D. holding that the proper measure of damages to repair defects for a building contract that has not been substantially performed is the contractually agreed upon measure of damages E. holding that the proper measure of damages was the present value of all unaccrued payments that the plaintiff would have received if the contract had been performed

assistant: The best answer is A. holding that the proper measure of compensation in a temporary taking is the rental value that probably could have been obtained
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 pay to Bank immediately within ten (10) Los Angeles Banking Days after written demand, in addition to any other amounts due or to become due hereunder, any and all (i) withholdings, interest equalization taxes, stamp taxes or other taxes (except income and franchise taxes) imposed by any domestic or foreign governmental authority and related in any manner to LIBOR, and (ii) costs, expenses and liabilities arising from or in connection with reserve percentages prescribed by the Board of Governors of the Federal Reserve System (or any successor) for “Eurocurrency Liabilities” (as defined in Regulation D of the Federal Reserve Board, as amended), assessment rates imposed by the Federal Deposit Insurance Corporation, or similar requirements or costs imposed by any domestic or foreign governmental authority or resulting from compliance by Bank with any request or directive (whether or not having the force of law) from any central bank or other governmental authority and related in any manner to LIBOR. In determining which of the foregoing are attributable to any LIBOR option available to Borrower hereunder, any reasonable allocation made by Bank among its operations shall be conclusive and binding upon Borrower.

assistant: Taxes
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: will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.” Villager Pond, Inc. v. Town of Darien, 56 F.3d 375, 378 (2d Cir.1995). To survive a 12(b)(6) motion to dismiss, the allegations in the complaint must meet the standard of “plausibility.” See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1970, 167 L.Ed.2d 929 (2007). Although the complaint need not provide “detailed factual allegations,” id. at 1964; see also ATSI Commc’ns v. Shaar Fund, Ltd., 493 F.3d 87, 98 n. 2 (2d Cir.2007) (applying the standard of plausibility outside Twombly’s anti-trust context), it must “amplify a claim with some factual allegations ... to render the claim plausible.” Iqbal v. Hasty, 490 F.3d 143, 157-158 (2d Cir.2007) (emphasis in original) (<HOLDING>). The complaint must provide “the grounds upon Options: A. holding that the plaintiffs complaint was valid because despite general allegations it provided notice B. holding that the statute of limitations did not commence despite the filing of a prior complaint against another physician until the defendants deposition made the plaintiff aware of the defendants involvement in the decedents death where the plaintiff failed to discover the defendants involvement because of the defendants misstatement concealment or fraud C. holding that a plaintiffs complaint need only establish a plausible entitlement to relief D. holding that the plaintiffs complaint adequately alleged the personal involvement of the attorney general because it was plausible that officials of the department of justice would be aware of policies concerning individuals arrested after 911 E. holding that plaintiffs complaint against tribal officials was barred under doctrine of sovereign immunity because the officials votes individually had no legal effect and it was the official action of the band following the officials votes that caused plaintiffs injuries

assistant: The best answer is D. holding that the plaintiffs complaint adequately alleged the personal involvement of the attorney general because it was plausible that officials of the department of justice would be aware of policies concerning individuals arrested after 911
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 representation, warranty or statement made or deemed to be made by the Borrower herein, in any of the other Loan Documents, or in any statement or certificate delivered or required to be delivered pursuant hereto or thereto shall prove untrue in any material respect on the date as of which it was deemed to have been made.

assistant: Representations