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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the “writing is on the wall” that they will someday be overruled. He makes this prognostication based on Apprendi v. New Jersey, 530 U.S. 466, 521, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Quite apart from the fact that we must take Supreme Court law as it is, not as it might become, we note that the Apprendi Court acknowledged the continued validity of Monge and Almendarez-Torres as applied to subsequent offender sentencing statutes. 530 U.S. at 488 n. 14, 120 S.Ct. 2348. 5 . See also Jaramillo v. State, 823 N.E.2d 1187, 1188-90 (Ind. 2005) (overruling, based on Monge, Bell v. State, 622 N.E.2d 450, 456 (Ind. 1993), and other prior cases holding that double jeopardy bars retrial of habitual offender sentencing enhancements); State v. Nelson, 262 Neb. 896, 905, 636 N.W.2d 620 (2001) (<HOLDING>); State v. Eggleston, 164 Wash.2d 61, 187 P.3d Options: A. holding that constitutional protections against double jeopardy apply to a defendant prosecuted as an habitual criminal B. holding based on monge that floridas double jeopardy clause does not preclude granting the state a second opportunity to demonstrate that the defendant meets the criteria for habitualization C. holding that under monge double jeopardy does not prevent retrial of an aggravating factor for sentencing purposes D. holding that double jeopardy clause did not apply to forfeiture proceeding before the court E. holding based on the rationale of monge that double jeopardy principles do not apply to habitual criminal sentencing enhancement proceedings overruling state v gray 8 nebapp 973 606 nw2d 478 2000 which had relied upon bowman

assistant: The best answer is E. holding based on the rationale of monge that double jeopardy principles do not apply to habitual criminal sentencing enhancement proceedings overruling state v gray 8 nebapp 973 606 nw2d 478 2000 which had relied upon bowman
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be for a term beginning on the Effective Date and shall remain in effect thereafter unless the Parties mutually agree otherwise; provided, however, that either Party may terminate this Agreement in accordance with the provisions of Section 18 below.

assistant: Terms
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 U.S. Supreme Court case excerpt and classify it into the correct legal issue area. Excerpt: 381 U.S. 124 85 S.Ct. 1364 14 L.Ed.2d 260 Stanley M. CORBETT, Guardian of the Property of Constantine Neonakis, a Minor, appellant,v.Viola STERGIOS, etc. No. 179.—. Supreme Court of the United States October Term, 1964. May 3, 1965 Robert R. Eidsmoe, Sioux City, Iowa, for appellant. Phillip S. Dandos, Sioux City, Iowa, for appellee. Opinion on remand, 137 N.W.2d 266. PER CURIAM. 1 In light of our construction of the Treaty of Friendship, Commerce and Navigation between the United States and the Kingdom of Greece, signed August 3, 1951, effective October 13, 1954,1 a construction confirmed by representations of the signatories whose views were not available to the Supreme Court of Iowa, the judgment is reversed. Clark v. Allen, 331 U.S. 503, 67 S.Ct. 1431, 91 L.Ed. 633. 1 5 U.S. Treaties and Other International Agreements 1829; T.I.A.S. No. 3057.

assistant: 10
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company will, and will cause each Subsidiary to, timely file complete and correct United States federal and applicable foreign, state and local tax returns required by law and pay when due all taxes, assessments and governmental charges and levies upon it or its income, profits or Property, except those which are being contested in good faith by appropriate proceedings, with respect to which adequate reserves have been set aside in accordance with GAAP, and which do not exceed $1,000,000 in the aggregate at any one time.

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: rendered his videotaped statement involuntary. Appellant testified at the suppression hearing that he was kept in a cold cell for ten hours without a blanket, food, or water. However, Investigator Jody Johnson testified that he did not recall Appellant complaining on the day of the interview about the conditions of the jail or saying that he was cold or hungry. And Investigator Hilliard testified that he interviewed Appellant approximately four hours after he was arrested. Given this conflicting testimony, the volun-tariness of Appellant’s videotaped statement involved the trial court’s evaluation of credibility and demeanor. See Stewart v. State, No. 04-08-00274-CR, 2009 WL 2183397, at *6 (Tex.App.-San Antonio July 21, 2009, pet. refd) (mem. op., not designated for publication) (<HOLDING>). Deferring as we must to the trial court’s Options: A. holding that trial court did not err B. holding trial court did not err by finding oral statements voluntarily given when trial court heard conflicting evidence concerning the appellants alleged deprivation of food water medication or bathroom access over the course of twelve hours C. holding trial court did not err in failing to conduct a hearing on motion for reinstatement when appellants failed to call to the trial courts attention the need for a hearing D. holding that the trial court did not err by granting defendants motion for summary judgment E. holding the trial court is required to make a determination on impairment of access prior to trial

assistant: The best answer is B. holding trial court did not err by finding oral statements voluntarily given when trial court heard conflicting evidence concerning the appellants alleged deprivation of food water medication or bathroom access over the course of twelve hours
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 will comply, and will cause each other Company to comply, with all minimum funding requirements, and all other material requirements, of ERISA, if applicable, so as not to give rise to any liability thereunder and if any such liability shall arise, to pay same promptly.

assistant: Erisa
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 Parties to this Agreement agree that irreparable damages will arise if the Parties fail to comply with or violate certain provisions of this Agreement on the basis of specific terms. Accordingly, the Parties agree that, subject to Article 11.11 hereof, (i) prior to Closing, the Purchaser shall have the right to apply for an injunction without payment of the posting bond to prevent the Company from violating this Agreement and oblige the Company to comply with the specific terms and conditions of this Agreement; (ii) after the Closing, the board of directors acting on behalf of the Company shall have the right to apply for an injunction without payment of posting bond to prevent the Purchaser (or any of the permitted assign of shares of the Purchaser, if applicable) from violating Article 4.1(d) or Article 5 of this Agreement, and (iii) neither Party shall have the right to initiate any litigation of specific performance in accordance with this Agreement or to seek equitable remedy in other ways. Where any litigation of specific performance occurs or equitable remedy is otherwise sought for according to provision of preceding sentence of Article 10.3 , each Party hereby waives (and agrees not to assert): (i) any defense in any litigation of specific performance, including remedy in legal means or defense based on sufficient reasons, and (ii) requiring the other Party to pay posting bond or any requirements on other margins in accordance with the provisions of any laws, as the precondition of seeking equitable remedy.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Following Buyer’s delivery of the Final Settlement Statement pursuant to Section 2.3.1: (a) if either party receives revenues that belong to the other party under this Agreement, the party receiving the revenues agrees to promptly remit those revenues to the other party; (b) if either party receives an invoice that is the responsibility of the other party under this Agreement, the party receiving the invoice shall deliver it to the other party for payment; and (c) if either party elects in its sole discretion to pay expenses that are the responsibility of the other party under this Agreement, then the party on whose behalf the expenses were paid agrees to promptly reimburse the other party for the expenses paid on its behalf upon receiving reasonably satisfactory evidence of such payment; provided, however, that neither party will be obligated to reimburse the other party for any such expense in excess of Five Thousand Dollars ($5,000) unless it has so consented in writing prior to payment of such expense, such consent not to be unreasonably withheld or delayed.

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: Rue could argue that K-Mart, having failed to meet the lesser burden of proof to deny her benefits in the unemployment compensation action, should not be given another opportunity to prevail in a civil action. We cannot, in fairness, hold employees to a higher standard than we hold employers. Rather, if we conclude that an employer does not have a full and fair opportunity to litigate in an administrative hearing, we must likewise conclude that an employee lacks the same opportunity. I must also disagree with the majority’s characterization of a workers’ compensation hearing as more closely akin procedurally to a civil action than to an unemployment compensation hearing. (Majority opinion at 507.) See Anzaldo v. W.C.A.B. M & M Restaurant Supply Co., 667 A.2d 488, 493 (Pa.Cmwlth.1995) (<HOLDING>), allocatur denied, 544 Pa. 676, 678 A.2d 366 Options: A. holding due process requires that 1 the board be presented with a full statement of the facts and all supporting data bearing upon the disputes and 2 the parties may be heard either in person by counsel or by other representatives and the board shall give due notice of all hearings to the employee B. holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record C. holding that upon the request of the losing party on a motion to suppress evidence the trial court shall state its essential findings D. holding that the workmens compensation act section 834 which states that neither the board nor the referee shall be bound by the common law or statutory rules of evidence in conducting a hearing or investigation but all findings of fact shall be based upon sufficient competent evidence permits an informationgathering process which favors admitting all offered evidence into the record E. holding that due process requires that the findings and actions of a disciplinary prison board be supported by some evidence in the record

assistant: The best answer is D. holding that the workmens compensation act section 834 which states that neither the board nor the referee shall be bound by the common law or statutory rules of evidence in conducting a hearing or investigation but all findings of fact shall be based upon sufficient competent evidence permits an informationgathering process which favors admitting all offered evidence into the record
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: Plaintiffs, this Court concludes that the Leases remain in full force and effect and that the title to the oil and gas in place remains vested in MSB. Therefore, the Plaintiffs’ trespass to try title suit and suit to quiet title necessarily fail. E. The Plaintiffs are not entitled to recover their attorneys’ fees pursuant to chapters 37 or 38 of the Texas Civil Practice and Remedies Code. Because the Court has concluded that the Plaintiffs’ Motion for Summary Judgment must be denied in its entirety, the Court further concludes that the Plaintiffs are not entitled to recover their attorneys’ fees under chapter 37 of the Tex. Civ. PRAC. & Rem. Code. City of Houston v. Harris County Outdoor Advertising Ass’n, 732 S.W.2d 42, 56 (Tex.App.-Houston [14th Dist.] May 7, 1987, writ ref d n.r.e.) (<HOLDING>). The Court also concludes that the Plaintiffs Options: A. holding that lexis fees are not taxable as costs but reserving ruling on whether such fees are recoverable as attorneys fees B. holding attorneys fees not generally recoverable unless party prevails under cause of action for which attorneys fees are recoverable and damages are recovered C. holding that fees are not recoverable for work for which the client could not be charged D. holding that attorneys fees are not recoverable for a nonprevailing party in a declaratory judgment action E. holding that while the nonprevailing partys financial condition is not appropriate to consider in determining whether to award attorneys fees it is appropriate to consider when determining the amount of the attorneys fees

assistant: The best answer is D. holding that attorneys fees are not recoverable for a nonprevailing party in a declaratory judgment action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for workers’ compensation, general liability, fleet automotive liability, federal civil rights actions under 42 U.S.C. s.1983 or similar federal statutes, and court-awarded attorney’s fees in other proceedings against the state except for such awards in eminent domain or for inverse condemnation or for awards by the Public Employees Relations Commission. A party to a suit in any court, to be entitled to have his or her attorney’s fees paid by the state or any of its agencies, must serve a copy of the pleading claiming the fees on the Department of Financial Services; and thereafter the department shall be entitled to participate with the agency in the defense of the suit and any appeal thereof with respect to such fees. § 284.30, Fla. Stat. N.S. also argues that: . 1st DCA 1994) (<HOLDING>); Fla. Med. Ctr. v. Dep’t of HRS, 511 So.2d 677 Options: A. holding that section 28430s notice requirement is a condition precedent for fees in action by taxpayer against dor pursuant to section 213015 B. holding that the notice requirement is a condition precedent for attorneys fees from section 12069 proceedings in action by plaintiff against state C. holding that section 12309 is a condition precedent to the accrual of rights against a municipality D. recognizing that the notice required by section 28430 is a condition precedent to the recovery of attorneys fees pursuant to section 12057lb in hospitals suit against the state E. holding that rcras notice provision is a condition precedent to all claims

assistant: The best answer is B. holding that the notice requirement is a condition precedent for attorneys fees from section 12069 proceedings in action by plaintiff against state
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: by using the policy’s cash value or “paid up” provisions. The court’s opinion makes no reference to a 31-day grace period as an “extended coverage” for purposes of section 234(1) and we reject plaintiffs assertions that such a conclusion may be inferred from the opinion’s language. Moreover, as defendant notes, the court’s interpretation of section 234(1) was dicta, as the insured in First National Bank died long after the six-month period ended. First National Bank, 122 Ill. 2d at 118, 121-22. For these reasons, First National Bank does not govern the facts before us. Indeed, our research has uncovered no case holding that a 31-day grace period operates as an extension of coverage. See generally Estate of Blakely v. Federal Kemper Life Assurance Co., 267 Ill. App. 3d 100, 110 (1994) (<HOLDING>); see also Hall v. Metropolitan Life Insurance Options: A. holding that because a disclaimer relates back to the decedents death the status of parties in the chain of succession are established as of the time of death regardless of when the disclaimer is made B. holding that decedents overpayment of premiums during the policys first year extended coverage so that the policy would not have lapsed at the time of his death C. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage D. holding that if there are multiple causes of action and one would potentially constitute a claim within the scope of the policys coverage the insurer would have a duty to defend until it could confine the claim to a recovery excluded from the policy internal quotation marks and citation omitted E. holding that policy coverage is triggered in each year that the plaintiff inhaled asbestos

assistant: The best answer is B. holding that decedents overpayment of premiums during the policys first year extended coverage so that the policy would not have lapsed at the time of his death
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 Borrowers shall pay to the Facility Agent (for the account of the Lenders) a commitment fee equal to forty percent (40%) of the Margin calculated on the average daily undrawn portion of the Commitments from the Closing Date and payable on the date which is the earlier of (i) the Drawdown Date and (ii) the last day of the Availability Period.

assistant: Fees
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: we felt and continue to feel that it is a relevant factor to consider when determining the reasonableness of the attorneys’ fees under the particular circumstances of this case. See Roth v. Green, 466 F.3d 1179, 1194 (10th Cir.2006) (“‘[A]ll the courts of appeals which have addressed the issue have concluded that a nonprevailing [party’s] ability to pay is not a proper factor to consider in determining whether to award attorneys’ fees against [the non-prevailing party], but may be considered when determining the amount of the attorneys’ fees to be awarded against that party.’ ” (quoting Wolfe v. Perry, 412 F.3d 707, 723-24 (6th Cir.2005))) (emphasis in original), cert. denied, — U.S. -, 128 S.Ct. 69, 169 L.Ed.2d 18 (2007); Alizadeh v. Safeway Stores, 910 F.2d 234, 238 (5th Cir.1990) (<HOLDING>); Moosa v. Dolan Foster Enters., No. 95-03099, Options: A. holding that while the nonprevailing partys financial condition is not appropriate to consider in determining whether to award attorneys fees it is appropriate to consider when determining the amount of the attorneys fees B. holding that an attorneys fees award is not appealable until the amount of the award is set C. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees D. holding that where a state statute provides for the award of attorneys fees those fees can be considered as part of the amount in controversy for the purpose of determining federal diversity jurisdiction E. holding that attorneys fees are not recoverable for a nonprevailing party in a declaratory judgment action

assistant: The best answer is A. holding that while the nonprevailing partys financial condition is not appropriate to consider in determining whether to award attorneys fees it is appropriate to consider when determining the amount of the attorneys fees
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 Parties agree that irreparable damage would occur in the event that any of the provisions of this Agreement were not performed by the Parties in accordance with their specific terms or were otherwise breached. It is accordingly agreed that each Party will be entitled to seek an injunction or injunctions to prevent breaches or threatened breaches of this Agreement and to enforce specifically the terms and provisions hereof in any court of competent jurisdiction and that this will include the right of a Party to cause the other to fully perform the terms of this Agreement to the fullest extent permissible pursuant to this Agreement and applicable Legal Requirement and to thereafter cause this Agreement and the transactions contemplated hereby to be consummated on the terms and subject to the conditions thereto set forth in this Agreement. Such remedies will, however, be cumulative and not exclusive and will be in addition to any other remedies that any party may have under this Agreement or otherwise. The Parties agree that the right of specific performance and other equitable relief is an integral part of the transactions contemplated by this Agreement and without that right, neither Party would have entered into this Agreement. Each of the Parties hereby waives (a) any defenses in any action for specific performance, including the defense that a remedy at law would be adequate and (b) any requirement under any Legal Requirement to post a bond or other security as a prerequisite to obtaining equitable relief.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: inmate who violates an institutional rule and provides a list of seven punishments. Mann points out that revocation of a suspended sentence is not included in the list of punishments under SDCL 24-15A-4, and therefore, in Mann’s view, the Board did not have authority to revoke an inmate’s suspended time for a violation of institutional rules. Moreover, Mann further notes that he was already punished for violating the institutional rules because, for each major rule violation, he was sanctioned to the Special Housing Unit. [¶ 17.] But, the Board’s authority to revoke the suspended sentence does not derive from SDCL 24-15A-4; rather, it derives from SDCL 23A-27-18.4. Furthermore, in Austad, we upheld an agreement similar to the one that Mann signed. 2006 S.D. 65, ¶ 25, 719 N.W.2d at 769 (<HOLDING>). Mann acknowledged when he signed the Options: A. holding that the board maintains discretion to revoke an inmates suspended sentence if the inmate commits offenses that demonstrate he is unworthy of the suspension B. holding that a suspended lawyer remains subject to the disciplinary jurisdiction of the court for acts committed while suspended C. holding that the good behavior requirement of a suspended sentence defined the period of suspension D. holding the state did not meet its burden of proving defendant operated a motor vehicle while suspended where the only evidence of actual notice of suspension was that dot mailed defendant the notice of suspension E. holding that code sections dealing with suspended sentences are to be liberally construed and that revocation of a suspended sentence lies within the trial courts sound discretion

assistant: The best answer is A. holding that the board maintains discretion to revoke an inmates suspended sentence if the inmate commits offenses that demonstrate he is unworthy of the suspension
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 formulate a rule that would apply in all situations. The U.S. Supreme Court recognized that it has: quite simply ... been unable to develop any “set formula” for determining when “justice and fairness” require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated on a few persons. Penn Central, 438 U.S. at 124, 98 S.Ct. 2646. Nevertheless, our Opinions and the Opinions of the U.S. Supreme Court have set forth some guiding principles. If a regulation authorizes a physical invasion of private property, no matter how slight, the U.S. Supreme Court has consistently concluded that a taking has occurred. Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 422, 102 S.Ct. 3164, 73 L.Ed.2d 868 (1982) (<HOLDING>). Clearly, “[a] taking may more readily be Options: A. holding that new yorks law requiring landlords to allow television cable companies to place cable facilities in their apartment buildings constituted a taking even though the facilities occupied at most only vk cubic feet of the landlords property B. holding that a new york law which required a landlord to permit a cable television company to install its cable facilities on his property was a taking C. holding that new york law granting cable television companies right to place wires across private property worked a taking of private property D. holding that a new york law requiring building owners to permit cable companies to install cable facilities on their premises constituted a taking E. holding that a new york state law requiring the owner of an apartment building to allow the installation of cable equipment on the building which amounted to a few wires and a small box on the roof constituted a taking

assistant: The best answer is D. holding that a new york law requiring building owners to permit cable companies to install cable facilities on their premises constituted a taking
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered (including by facsimile transmission or other means of electronic transmission, such as by electronic mail in “pdf” form) in counterparts, and by the different Parties in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: [The landlord] is not subject to liability to invitees of the lessee who come upon the premises for a business purpose other than that for which they are open to the public, as in the case of a truck driver delivering provisions to a restaurant. The lessor is not liable to licensees of the , lessee who come for another purpose, as in the case of the friend of the restaurant keeper who comes to pay a social call. Restatement (Second) of Torts § 359 comment e (1965). ¶20 Courts in other jurisdictions have cited this comment in declining to impose liability on owner-landlords for injuries suffered on their leased premises by ■tradesmen who came onto the premises at the behest of the tenant for work-related activities. See Rollo v. Kansas City, 857 F.Supp. 1441, 1443-45 (D.Kan.1994) (<HOLDING>); Horstman v. Glatt, 436 S.W.2d 639, 641, 643 Options: A. recognizing a landlords duty for injuries sustained on leased premises where the landlord is aware that the premises are leased with intent to admit the public B. holding that abandonment requires that tenant vacate the leased premises C. holding that signs placed on the inside of a leased space were not alone sufficient to provide notice of control of any part of the premises by anyone other than the debtor D. holding under kansas law that a plumber who was injured while inspecting the leased premises in order to prepare an estimate for plumbing work had not entered the premises for the purpose for which they were leased and thus could not rely on the public use exception E. holding that the public use exception was not applicable because the injury to the tenants employee occurred in an area of the leased premises that was not open to the public but was used only by employees

assistant: The best answer is D. holding under kansas law that a plumber who was injured while inspecting the leased premises in order to prepare an estimate for plumbing work had not entered the premises for the purpose for which they were leased and thus could not rely on the public use exception
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby continues to employ Executive for a term (as the same may be extended, the “ Term ”) commencing as of August 15, 2017 and continuing until August 15, 2020, unless terminated earlier in accordance with the provisions of Section 7. On August 15, 2020, the Term shall automatically be extended for successive one-year periods in accordance with the terms of this Agreement (subject to termination as aforesaid) unless either party notifies the other party of non-renewal in writing, in accordance with Section 12, 90 days prior to the expiration of the initial period or any subsequent renewal period.

assistant: Terms
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: revocation where competent substantial evidence supported trial court’s finding of willful and substantial violation). The term “competent substantial evidence” does not relate to the quality, character, convincing power, probative value or weight of the evidence but refers to the existence of some evidence (quantity) as to each essential element and as to the legality and admissibility of that evidence. Competency of evidence refers to its admissibility under legal rules of evidence. “Substantial” requires that there be some (more than a mere iota or scintilla), real, material, pertinent, and relevant evidence (as distinguished from ethereal, metaphysical, speculative or merely theoretical evidence or hypothetical possibilities) having definite probative value (that A 2009) (<HOLDING>); Warren v. State, 924 So.2d 979, 981 (Fla. 2d Options: A. holding trial court abused its discretion in finding violation where state presented no evidence that defendant ever received the instruction from probation officer and thus knew about the condition B. holding that the district court did not abuse its discretion in excluding hearsay evidence and evidence that violated the best evidence rule in deciding a summary judgment motion C. holding that the state must establish by the greater weight of the evidence that a defendant violated a term of his probation D. holding that while a trial court has broad discretion to determine whether a term of probation has been violated findings of fact must rest on competent substantial evidence E. holding that the evidence that the defendant violated a probation condition was not competent and substantial because the state presented only hearsay evidence

assistant: The best answer is E. holding that the evidence that the defendant violated a probation condition was not competent and substantial because the state presented only hearsay 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 case excerpt and choose the best holding from the options. Case excerpt: S.Ct. 1967, 124 L.Ed.2d 1 (1993) (in addressing motion for declaratory judgment district court has discretion in determining whether to exercise jurisdiction even when established). It is appropriate for a district court to address only the infringement issue when non-infringement is clear and invalidity and un-enforceability are not plainly evident. Id. (citing Leesona Corp. v. United States, 208 Ct.Cl. 871, 530 F.2d 896, 906 n. 9 (1976)). My discretionary power to dismiss GM’s and OnStar’s invalidity and unen-forceability counterclaims as issues that no longer need to be addressed is separate from determining whether I retain subject matter jurisdiction over such counterclaims, which remains a murky issue. Compare Fort James Corp. v. Solo Cup Co., 412 F.3d 1340, 1348 (Fed.Cir.2005) (<HOLDING>) with Benitec Australia, Ltd. v. Nucleonics, Options: A. holding that district court erred in determining that jury verdict of noninfringement divested district court of jurisdiction to hear unenforceability counterclaim B. holding that notice of appeal of district court opinion denying arbitration stay divested district court of jurisdiction to continue proceedings until the appeal was complete C. holding that district court correctly determined that it had been divested of jurisdiction to hear defendants counterclaims for invalidity and unenforceability when plaintiff had voluntarily dismissed its infringement claims without prejudice before trial D. holding district court erred in setting aside jury verdict and entering judgment as a matter of law E. holding that the district court was not divested of subject matter jurisdiction upon the dismissal of the plaintiffs federal claims

assistant: The best answer is A. holding that district court erred in determining that jury verdict of noninfringement divested district court of jurisdiction to hear unenforceability counterclaim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The execution, delivery and performance of the Transaction Documents by the Company and the consummation by the Company of the transactions contemplated hereby and thereby (including, without limitation, the issuance of the Notes and the Warrants and reservation for issuance and issuance of the Conversion Shares and the Warrant Shares) will not (i) result in a violation of the Articles of Incorporation (as defined in Section 3(u)) or Bylaws (as defined in Section 3(u)), any memorandum of association, articles of incorporation, certificate of formation, bylaws, any certificate of designations or other constituent documents of the Company or any of its Subsidiaries, any capital stock of the Company or any of its Subsidiaries or the articles of association or bylaws of the Company or any of its Subsidiaries or (ii) conflict with, or constitute a default (or an event which with notice or lapse of time or both would become a default) in any respect under, or give to others any rights of termination, amendment, acceleration or cancellation of, any agreement, indenture or instrument, including, without limitation, under the Permitted Senior Loan Agreement (as defined in the Notes), to which the Company or any of its Subsidiaries is a party or by which the Company or any of its Subsidiaries or any of their respective properties is bound, or (iii) after complying with NASDAQ Rule 5250(e)(2), result in a violation of any law, rule, regulation, order, judgment or decree (including foreign, federal and state securities laws and regulations and the rules and regulations of the Principal Market and including all applicable laws of the State of Colorado and any foreign, federal and state laws, rules and regulations) applicable to the Company or any of its Subsidiaries or by which any property or asset of the Company or any of its Subsidiaries is bound or affected.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 2.2(a) above and Section 2.2(c) below, the Award shall vest and the Restrictions shall lapse in accordance with the vesting schedule set forth in the Grant Notice (rounding down to the nearest whole Share, other than with respect to the final vesting date).

assistant: Vesting
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 Shareholder hereby authorizes Parent and the Company to publish and disclose in any announcement or disclosure in connection with the Merger, including in the S-4, the Joint Proxy Statement or any other filing with any Governmental Entity made in connection with the Merger, the Shareholder’s identity and ownership of the Shares and the nature of the Shareholder’s obligations under this Agreement. The Shareholder agrees to notify Parent as promptly as practicable of any inaccuracies or omissions in any information relating to the Shareholder that is so published or disclosed.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Amendment is held to be illegal, invalid or unenforceable, (a) the legality, validity and enforceability of the remaining provisions of this Amendment 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.

assistant: Enforceability
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. Sherwin-Williams Co., 156 B.R. 25, 27 n. 1 (W.D.Va.1993) (citing In re Webb, 54 F.2d 1065 (4th Cir.1932)). Section 554(c), however, does not speak in terms of the trustee’s awareness of the asset, or accept proof of such awareness as an alternative to proof that the asset was scheduled in accordance with section 521(1). See supra note 1; see also In re McCoy, 139 B.R. 430, 431 (Bankr.S.D.Ohio 1991) (“[T]he word ‘scheduled’ in 554(c) has a specific meaning and refers only to assets listed in a debtor’s schedule of assets and liabilities.”). Consequently, the vast majority of courts have taken the statute at its word, requiring that an asset be scheduled before it can be abandoned, regardless of the trustee’s awareness of it. See Jeffrey v. Desmond, 70 F.3d 183, 186 (1st Cir.1995) (<HOLDING>); Bittel v. Yamato Int'l Corp., 70 F.3d 1271, Options: A. holding that a chapter 7 trustee was the only person with authority to bring a cause of action after the appointment of a trustee B. recognizing the cause of action C. recognizing cause of action D. recognizing that debtors failure to provide creditors information about business operations justified appointment of trustee E. holding that debtors alleged discussion with trustee about unscheduled cause of action does not lift requirement that it be scheduled under 5211 to be abandoned under 554c

assistant: The best answer is E. holding that debtors alleged discussion with trustee about unscheduled cause of action does not lift requirement that it be scheduled under 5211 to be abandoned under 554c
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the date hereof, the authorized common stock of the Company consists of 19,995,000,000 authorized shares of Common Stock, $0.0001 par value per share, of which 11,411,218,709 (Pre-Reverse stock split) shares are issued and outstanding; and 1,558,059 shares are reserved for issuance upon conversion of the Note. All of such outstanding shares of capital stock are, or upon issuance will be, duly authorized, validly issued, fully paid and non-assessable. .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Employee and Employer will not, except as may be mandated by statutory or regulatory requirements or as may be required by legal process, disclose to others the terms of this Agreement, the amounts referred to in this Agreement, or the fact of the payment of said amounts, except that Employee and Employer may disclose such information, subject to this confidentiality clause, to his or its accountant, attorney, financial planner and tax advisor in order for such individuals to render service to him or it.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The closing of the transactions contemplated by this Agreement (the “ Closing ”) is expected to occur on the business day following the completion of the Business Combination. Upon the business day following the satisfaction of the conditions of the Business Combination and obligations of each party’s respective obligations hereto (or written waiver by the other party hereto), Sponsor shall deliver (or cause the delivery of) the Share Consideration in book entry (electronic) form to the undersigned or to a custodian designated by the undersigned, as applicable.

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 case excerpt and choose the best holding from the options. Case excerpt: “Probable Cause for DUI Arrest,” in DUI Handbook § 4.6(c) (11 West’s Fla. Practice Series 2008-2009 ed.). For example, although an odor of alcohol is significant, it may not be dispositive. State v. Kliphouse, 771 So.2d 16, 23 (Fla. 4th DCA 2000). Other factors “may include the defendant’s reckless or dangerous operation of a vehicle, slurred speech, lack of balance or dexterity, flushed face, bloodshot eyes, admissions, and poor performance on field sobriety exercises.” Id. (footnotes omitted); see also Ingram v. State, 928 So.2d 423 (Fla. 1st DCA 2006) (determining that law enforcement had probable cause to arrest defendant for DUI where defendant drove erratically, drove completely off the road, and had watery and bloodshot eyes and impeded speech); Whitley, 846 So.2d at 1166 (<HOLDING>); McNall v. Dep’t of Highway Safety & Motor Options: A. holding that although two officers detected a strong odor of alcohol coming from the defendants person that fact did not support an arrest for dui when there was no evidence presented whatsoever as to the defendants manner of driving that her speech was slurred her gait unsteady or her eyes red and glassy B. holding that there was probable cause to arrest defendant for dui where among other factors the officer observed defendant driving erratically and defendants eyes were glassy C. holding that there was insufficient probable cause for a dui arrest when inter alia although the defendants eyes were bloodshot and watery there was no evidence that her eyes were glassy or unfocused D. holding that there was sufficient probable cause for the defendants dui arrest when the evidence showed that the officer smelled the odor of alcohol on the defendants breath the defendants eyes were bloodshot and watery and his breath test was positive for alcohol E. holding that there was insufficient probable cause for a dui arrest when inter alia there was testimony that the defendants eyes were bloodshot and watery

assistant: The best answer is B. holding that there was probable cause to arrest defendant for dui where among other factors the officer observed defendant driving erratically and defendants eyes were glassy
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: Promptly after the filing or receiving thereof, copies of all reports and notices that the Seller or any ERISA Affiliate files under ERISA with the Internal Revenue Service, the Pension Benefit Guaranty Corporation or the U.S. Department of Labor or that the Seller or any ERISA Affiliate receives from any of the foregoing or from any multiemployer plan (within the meaning of Section 4001(a)(3) of ERISA) to which the Seller or any of its ERISA Affiliates is or was, within the preceding five years, a contributing employer, in each case in respect of the assessment of withdrawal liability or an event or condition that could, in the aggregate, result in the imposition of liability on the Seller and/or any such ERISA Affiliate.

assistant: Erisa