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: Except as disclosed in the SEC Documents, the Company (after giving effect to the transactions contemplated by this Agreement) is solvent ( i.e ., its assets have a fair market value in excess of the amount required to pay its probable liabilities on its existing debts as they become absolute and matured) and currently the Company has no information that would lead it to reasonably conclude that the Company would not, after giving effect to the transaction contemplated by this Agreement, have the ability to, nor does it intend to take any action that would impair its ability to, pay its debts from time to time incurred in connection therewith as such debts mature.

assistant: Solvency
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 issuance of Shares underlying the PSUs will be subject to and conditioned upon compliance by the Company and the Participant (including any written representations, warranties and agreements as the Committee may request of the Participant for compliance with all applicable laws) with all applicable state, federal, local and foreign laws and regulations of any governmental authority, including adopting any such conforming amendments as are necessary to comply with Section 409A of the Code, and with all applicable requirements of any national or regional securities exchange or quotation system on which the Shares may be listed or quoted at the time of such issuance or transfer.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note shall be governed by and construed in accordance with the laws of the State of Florida without regard to principles of conflicts of laws. Any action brought by either party against the other concerning the transactions contemplated by this Note shall be brought only in the state and/or federal courts of Broward County, Florida. The parties to this Note hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens . The Borrower and Holder waive trial by jury. The prevailing party shall be entitled to recover from the other party its reasonable attorney's fees and costs. In the event that any provision of this Note or any other agreement delivered in connection herewith is invalid or unenforceable under any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed modified to conform with such statute or rule of law. Any such provision which may prove invalid or unenforceable under any law shall not affect the validity or enforceability of any other provision of any agreement. Each party hereby irrevocably waives personal service of process and consents to process being served in any suit, action or proceeding in connection with this Agreement or any other Transaction Document by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted 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 legal provision and list the applicable contract clause categories. Provision: If any Default occurs, Bank may cease advancing money hereunder. If any Event of Default occurs, Bank may (i) declare all Obligations to be immediately due and payable, whereupon such Obligations will immediately become due and payable, (ii) exercise any and all rights and remedies provided by applicable law and the Loan Documents, (iii) proceed to realize upon the Collateral or any property securing the Obligations, including, without limitation, causing all or any part of the Collateral to be transferred or registered in its name or in the name of any other person, firm or corporation, with or without designation of the capacity of such nominee, all without presentment, demand, protest or notice of any kind, each of which are hereby expressly waived by Borrower. Borrower shall be liable for any deficiency remaining after disposition of any Collateral, and waives all valuation and appraisement laws.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: former directors and officers for statutory and regulatory violations, that is, for sanctions such as civil penalties. The FDIC argues that this alternative construction is consistent with its dual capacity as both a regulator and a receiver and should not bar claims brought by it as a receiver against the bank’s, former directors and officers. As recognized by the district court, under Minnesota law, ambiguity in an insurance policy is a question of law to be decided by the court. See, e.g., Columbia Heights Motors, Inc. v. Allstate Insurance Co., 275 N.W.2d 32, 34 (Minn.1979). “In interpreting a policy exclusion, any ambiguity in the language of the policy must be construed in favor of the insured. The court, however, has no right to read an ambiguity into the plain langu ll.1991) (<HOLDING>); American Casualty Co. v. Baker, 758 F.Supp. Options: A. holding similar regulatory exclusion is not ambiguous and rejecting secondary suit construction B. holding that for purposes of statutory construction expression of one thing is the exclusion of the other C. holding phrase based upon or attributable to is not ambiguous and rejecting secondary suit construction D. holding that to negate coverage under an exclusion insurer must show that its construction is the only construction that could fairly be placed thereon E. holding exclusion was not ambiguous

assistant: The best answer is A. holding similar regulatory exclusion is not ambiguous and rejecting secondary suit construction
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: Neither this Agreement nor any of the rights, interests or obligations hereunder shall be assigned by the Designating Shareholder (whether by operation of law or otherwise) without the prior written consent of the Company; provided , however , that the rights of the Designating Shareholder may be assigned by the Designating Shareholder to a Permitted Holder thereof; provided , further , that such Permitted Holder agrees in writing to be bound by and subject to the terms and conditions of this Agreement. This Agreement will be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns. Any purported assignment in violation of this Section 5.8 shall be void.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: onavo reserves the right to make corrections , modifications , enhancements , improvements and other changes to the services at any time or to discontinue the services without notice .

assistant: Unilateral change, Unilateral termination
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: a colloquy to assess the petitioner’s intentions and whether he understands the consequences of the waiver. See, e.g., Demosthenes, 495 U.S. at 732-33, 110 S.Ct. 2223 (concluding that a state court waiver was valid only after that court questioned the petitioner under oath and concluded specifically that the waiver was intelligently executed); Dennis, 378 F.3d at 884 (accepting a state court waiver as valid because that court “engaged in a comprehensive colloquy” with the petitioner during which “[t]he court had [petitioner] re-read his initial habeas petition ... and the court reviewed with [petitioner] the assignments of error alleged in the petition” and the petitioner in court “asserted his desire to give up his right to pursue each of these claims”); Fahy, 516 F.3d at 183-85 (<HOLDING>); see also St. Pierre v. Cowan, 217 F.3d 939, Options: A. holding that the defendant played games with the court system to such an extent that she forfeited her right to counsel thereby rendering unnecessary the colloquy required for a waiver of counsel B. holding that signed waivers and police testimony describing the procedure used to obtain the waivers were sufficient to find a voluntary waiver of rights C. holding that even though the state court did engage in a colloquy with the petitioner that colloquy was insufficient to establish that the waiver was knowing and voluntary because the state court had refused to permit petitioners counsel to ask him questions that would probe the waivers validity D. holding that the court must determine whether the employees consent to the settlement agreement was knowing and voluntary E. holding that record did not establish knowing waiver

assistant: The best answer is C. holding that even though the state court did engage in a colloquy with the petitioner that colloquy was insufficient to establish that the waiver was knowing and voluntary because the state court had refused to permit petitioners counsel to ask him questions that would probe the waivers validity
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: indicate that Judge Sylvester acted in the clear absence of all jurisdiction. We will accept Gallas’ allegation that Judge Sylvester violated a court “rule” which allowed the release of an impounded PFA only for purposes of its use as evidence in a judicial proceeding, and only then upon judicial order following a verified petition properly noticed to all interested parties. Yet, such a procedural error at most might establish that Judge Sylvester acted in excess of her jurisdiction, not that she acted in the clear absence of all jurisdiction. See id. at 359, 98 S.Ct. at 1106 (“A judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the commission of grave procedural errors.”); see also Mí-reles, 502 U.S. at 13, 112 S.Ct. at 289 (<HOLDING>); Rolleston v. Eldridge, 848 F.2d 163, 164-65 Options: A. holding that deputies use of a police dog is subject to excessive force analysis B. holding that inquiry as to whether officers are entitled to qualified immunity for use of excessive force is distinct from inquiry on the merits of the excessive force claim C. holding that ordering police officers to use excessive force in bringing a lawyer into court was a judicial act D. recognizing that the fourth amendment protects against the use of excessive force by police officers in carrying out an arrest E. holding that a judge merely acted in excess of his authority in ordering police officers to use excessive force in bringing an attorney to his courtroom for a calendar call

assistant: The best answer is E. holding that a judge merely acted in excess of his authority in ordering police officers to use excessive force in bringing an attorney to his courtroom for a calendar call
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 hereby represents and warrants that to the best of Borrower’s knowledge there is no consent from any lender or creditor needed to prevent Borrower, the Bank, or the other Subsidiaries from being in default by Borrower executing the Note or Borrower, the Bank, and the other Subsidiaries executing, this Loan Agreement or any other Loan Document associated with this Loan.

assistant: Consents
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 AMENDMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK (INCLUDING SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW, BUT WITHOUT REGARD TO ANY OTHER CONFLICT OF LAWS PROVISIONS THEREOF.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement (including the Disclosure Schedule and the other documents and instruments referred to herein) and the Ancillary Agreements: (a) constitute the entire agreement between the parties hereto with respect to the subject matter hereof and thereof and supersede all prior agreements and understandings, both written and oral, between the parties hereto with respect to the subject matter hereof and thereof; provided, however, that the Confidentiality Agreement is hereby amended to automatically terminate in its entirety, effective as of the Closing; and (b) except as expressly provided herein, are not intended to confer upon any Person other than the parties hereto and their respective successors and permitted assigns any rights, benefits or remedies whatsoever. In the event of any inconsistency between the statements in the body of this Agreement and those in the Disclosure Schedule and the other documents and instruments referred to herein (other than an exception expressly set forth as such in the Disclosure Schedule with respect to a representation or warranty), the statements in the body of this Agreement will control.

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 case excerpt and choose the best holding from the options. Case excerpt: on Lorillard v. Pons, 434 U.S. 575, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978), for two propositions: (1) “[w]hen construing a new law that amends or changes an old law, the Court must presume that Congress knew how the previous laws were applied and that any changes in the language of the new law were intended”; and (2) “when Congress ‘re-enacts a statute without change,’ it is presumed that Congress was aware of the interpretations and applications of the law and intended not to disturb it.” M. Fortunoff of Westbury Corp., 260 F.Supp.2d at 528 (citing Lorillard, 434 U.S. at 581, 98 S.Ct. 866). Reasoning from these principles, the district court decided that in changing “motor common carrier” in § 10927(a)(3) to “motor carrier” in § 13 .S. 110, 131, 134-35, 98 S.Ct. 965, 55 L.Ed.2d 148 (1978) (<HOLDING>); Shapiro v. United States, 335 U.S. 1, 16, 68 Options: A. holding that congress incorporation of jury provisions of the fair labor standards act into the age discrimination in employment act necessarily ratified and adopted longstanding judicial construction of those provisions B. holding that when congress included provisions of compulsory testimony act of 1893 in the emergency price control act of 1942 it necessarily adopted settled judicial construction of the 1893 act C. holding erisa plan interpretation is simply one of contract interpretation D. holding an administrative interpretation cannot change the meaning of a statute or control the courts interpretation of it E. holding when congress reenacted the voting rights act it necessarily adopted justice departments longstanding interpretation of acts requirements

assistant: The best answer is E. holding when congress reenacted the voting rights act it necessarily adopted justice departments longstanding interpretation of acts requirements
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 provision of this Agreement that is unenforceable or invalid or contrary to law, or the inclusion of which would adversely affect the validity, legality or enforcement of this Agreement, shall be of no effect and, in such case, all the remaining terms and provisions of this Agreement shall subsist and be fully effective according to the tenor of this Agreement the same as though any such invalid portion had never been included herein. Notwithstanding any of the foregoing to the contrary, if any provisions of this Agreement or the application thereof are held invalid or unenforceable only as to particular persons or situations, the remainder of this Agreement, and the application of such provision to persons or situations other than those to which it shall have been held invalid or unenforceable, shall not be affected thereby, but shall continue valid and enforceable to the fullest extent permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: than from isolated words. [Citations omitted.] The plain language used in ¶ 11(A) clearly and unambiguously provides for automatic 10-year renewals “unless an instrument signed by a majority of the then owners of the lots has been recorded. . . .” The covenant prescribed a definite period of 10 years for modification by a majority of the then lot owners. The 10-year automatic extension language would be rendered meaningless if the covenant could be amended by a majority vote (less than unanimous) at any time on or after June 27, 1997. Thus, the plain language of the covenant causes the reference to “periods of ten years” to be a restriction regarding the frequency of amendment by less than a unanimous vote. See Scholten v Blackhawk Partners, 184 Ariz 326; 909 P2d 393 (Ariz App, 1995) (<HOLDING>); Illini Fed S&L Ass’n v Elsah Hills Corp, 112 Options: A. holding that an amendment of restrictive covenants passed during the running of an automatic 10year extension period was not effective until the end of the 10year extension period B. holding that amendments of the restrictive covenants passed during the initial 20year term would not take effect until the beginning of the automatic 10year extension period C. holding that an amendment passed two years into a 10year automatic extension period was not effective until the 10year extension period expired and stating that to hold otherwise would render the extension provision meaningless D. holding that government was not entitled to extension of time limit under 21 usc 8811 to rectify oneday delay in filing where government was aware of the circumstances contributing to the delay prior to the expiration of the time limit and could have requested an extension before the deadline expired E. recognizing the prejudice of an extension to a defendant who would be required to litigate events that occurred more than eight years earlier

assistant: The best answer is C. holding that an amendment passed two years into a 10year automatic extension period was not effective until the 10year extension period expired and stating that to hold otherwise would render the extension provision meaningless
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: 975-76 (8th Cir.1993); Taylor v. List, 880 F.2d 1040, 1045 (9th Cir.1989); Harvey v. Harvey, 949 F.2d 1127, 1129-30 (11th Cir.1992); see also Draeger v. Grand Cent., Inc., 504 F.2d 142, 145-46 (10th Cir.1974) (predating Monell, but holding that private employers are not liable under § 1983 for constitutional torts of their employees); Smith v. Brookshire Bros., 519 F.2d 93, 94 (1975) (per curiam) (same). Here, there is no evidence that Airborne had a corporate custom, policy, practice or usage of assisting law enforcement in making the type of improper controlled pickup alleged by plaintiffs. Moreover, although a private corporation, like a municipality, can be held liable under Monell for a single act of an employee with final policymaking authority in the particular (M.D.Fla.1995) (<HOLDING>); Miller v. Correctional Med. Sys., Inc., 802 Options: A. holding that bivens should not be extended to allow recovery against a private corporation operating a halfway house under contract with the bop B. holding no action lies under bivens against a private corporation operating a halfway house under a contract with the bureau of prisons C. holding that theme parks manager of loss prevention was not a final policymaker D. holding that facility manager of particular halfway house run by private corporation was not final policymaker E. holding that state medical director of prison medical services corporation was not final policymaker

assistant: The best answer is D. holding that facility manager of particular halfway house run by private corporation was not final policymaker
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 Award Agreement and the Plan together constitute the entire agreement and supersede all prior understandings and agreements, written or oral, of the parties hereto with respect to the subject matter hereof. The Plan and this Award Agreement may be amended pursuant to Section 10 of the Plan. The Company may, however, unilaterally waive any provision hereof in writing to the extent such waiver does not adversely affect the interests of the Non-Employee Director hereunder, but no such waiver shall operate as or be construed to be a subsequent waiver of the same provision or a waiver of any other provision hereof.

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 case excerpt and choose the best holding from the options. Case excerpt: benefit plans, the Court recognized that the purpose of ERISA preemption of state law is to create a single set of regulations to govern benefit plans’ complex and ongoing administrative activities. Id. at 8-15, 107 S.Ct. at 2215-19. From the fountain of Fort Halifax, and the stream of circuit court cases that have flowed from it, a relatively simple test has emerged to determine whether a plan is covered by ERISA: does the benefit package implicate an ongoing administrative scheme? See Fort Halifax, 482 U.S. at 12, 107 S.Ct. at 2218 (“The theoretical possibility of a one-time obligation in the future simply creates no need for 'an ongoing administrative program for processing claims and paying benefits.”); Kulinski v. Medtronic Bio-Medicus, Inc., 21 F.3d 254, 257 (8th Cir.1994) (<HOLDING>); James v. Fleet/Norstar Fin. Group, Inc., 992 Options: A. holding the touchstone of determining existence of erisa plan is whether an administrative scheme is required B. holding that touchstone in determining whether one act is part of continuing violation is whether employee was put on notice that his rights had been violated C. holding that a claimants claim is barred when administrative remedies that are clearly required under an erisa plan are not exhausted D. holding expert testimony was not required where jury is capable of determining existence of duty E. holding that the employer did not have a plan under erisa where no administrative scheme was required to pay the annuity benefit

assistant: The best answer is A. holding the touchstone of determining existence of erisa plan is whether an administrative scheme is required
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 (including the Exhibits, disclosures made as to WCVC, the NRG Executive Summary and any other documents, instruments and certificates referred to herein, which are incorporated in and constitute a part of this Agreement) contains the entire agreement of the Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each of the Company and the Investors shall be responsible for its own fees and expenses incurred in connection with the negotiation, execution, and effectuation of this Agreement and the transactions contemplated hereby, including, but not limited to attorneys’ fees incurred in connection with the negotiation and execution of this Agreement and all other activities related to the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Seller is a corporation duly organized, validly existing and in good standing under the Laws of the State of Alabama and has the corporate power and authority to own or lease its assets and to carry on its business as it is currently being conducted. Seller is not in default under or in violation of any provisions of its Articles of Incorporation or bylaws. True and correct copies of Seller’s Articles of Incorporation and bylaws, as in effect on the date hereof, have been delivered or made available by Seller to Purchaser.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company does not provide vacation benefits, and no vacation time or other paid time off is accrued. Rather, the Company expects each employee, including Executive, to determine for himself, consistent with his responsibilities, how much time can reasonably be spent away from the office for purposes such as personal vacation, relaxation, or personal or family needs consistent with Company policy as it may in effect from time to time.

assistant: Vacations
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: and 3) not be dismissed at this juncture. Since Idaho’s racketeering statute closely tracks the federal statute, Counts 4, 5, and 6 should also not be dismissed. 2. Whether the RICO Claims are Barred by the Securities Fraud Exception. The Court will next address whether the Plaintiffs federal RICO claims are barred by 18 U.S.C. § 1964(c). That statute provides that no RICO plaintiff “may rely upon any conduct that would have been actionable as fraud in the purchase and sale of securities to establish a violation of section 1962.” 18 U.S.C. § 1964(c). This is true even if the acts that form the basis of liability would independently qualify as mail fraud or wire fraud under the federal criminal law. See, Bald Eagle Area Sch. Dist. v. Keystone Fin., Inc., 189 F.3d 321, 327 (3rd Cir.1999) (<HOLDING>); Armstrong v. American Pallet Leasing, Inc., Options: A. holding that securities fraud claims cannot rest on speculation and conclusory allegations B. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud C. holding that the rico bar applies even where the plaintiff does not have standing to bring a securities fraud action D. holding that wire and mail fraud statutes are construed identically E. holding that fraud creates an exception to the rule

assistant: The best answer is B. holding that a plaintiff cannot avoid the securities fraud exception by pleading mail fraud or wire fraud if the conduct giving rise to those offenses also amounts to securities fraud
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: improper. We agree with the Court of Appeals that the trial court failed to instruct the jury that punitive damages are not available under the Act, and we emphasize that the trial court should have made clear to the jury that it could not award punitive damages based upon a violation of the Consumer Protection Act. The trial court’s omission certainly leaves open the possibility that the jury wrongly awarded punitive damages in conjunction with the Consumer Protection Act rather than in connection with a common law claim for recovery. Although we cannot assume that the jury understood the relevant law, since it was not properly instructed, we decline to assume the inverse, as did the Court of Appeals, that the jury found only a violation of the .C.App. 237, 446 S.E.2d 100, 105 (1994) (<HOLDING>). Some courts merely state that the higher Options: A. holding that where a plaintiff is entitled to treble damages under its state unfair trade practices act and to punitive damages under common law claims of fraud trial court should have submitted each theory of recovery to the jury and then allowed plaintiff to elect between the awards with duplicative elements B. holding that even if the trial court had erred in denying the defendants motion for a directed verdict on punitive damages the error was harmless because the jury found in favor of the defendant and never reached the punitive damages claims C. holding that the trial court erred by denying plaintiffs request to instruct the jury on all its claims and to submit a special verdict form and by instead requiring the plaintiff to elect between its statutory antitrust claim and its common law tort claims to be submitted to the jury D. holding that trial court erred by requiring plaintiff to select which remedy to submit to the jury because plaintiff was allowed to elect its remedy between punitive damages and statutory treble after the jurys verdict on all claims was rendered E. holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater

assistant: The best answer is D. holding that trial court erred by requiring plaintiff to select which remedy to submit to the jury because plaintiff was allowed to elect its remedy between punitive damages and statutory treble after the jurys verdict on all claims was rendered
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 inure to, and shall be binding upon, the parties hereto, the successors and assigns of the Company and the heirs and personal representatives of the Executive. The Executive may not assign any of his rights or obligations hereunder. The Company may assign its rights and obligations hereunder to another entity controlling, controlled by, or under common control with the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: more than an agreement for Chassidie to attend counseling while David’s petition requesting access under section 153.3161 of the family code was pending. In fact, the associate judge’s report contemplates that the counselor could determine that the Harveys were not entitled to exercise David’s possession and access at all pending the resolution of his suit. Thus, we conclude and hold that Chassidie’s and her counsel’s mere signatures alone on the July 19, 2006 associate judge’s report do not constitute an agreed order conferring standing on the Harveys prior to their filing pleadings in intervention. See, e.g., Oryx Energy Co. v. Union Nat’l Bank of Tex., 895 S.W.2d 409, 416-17 (Tex.App.San Antonio 1995, writ denied); cf. In re D.C., 180 S.W.Sd 647, 649-50 (Tex.App.Waco 2005, no pet.) (<HOLDING>). Likewise, Chassidie’s counsel’s signature on Options: A. holding that coconspirators concert of action allowed jury to infer an agreement where defendants agreed to purchase crack cocaine together for distribution agreed to travel together and agreed to have another coconspirator conduct the transaction on behalf of all of them B. holding that agreement as to form and content did not constitute agreed judgment C. holding that the injunction did not constitute a claim D. holding that a trial courts hearing on crossmotions to render an agreed judgment on a repudiated rule 11 agreement does not constitute an action to enforce a settlement agreement based on proper pleading and proof as required by padilla 907 sw2d at 462 E. holding that a settlement agreement in which the plaintiff agreed to drop all claims against the defendants in exchange for a specific sum of money was enforceable despite the fact that the agreement did not specify whether the plaintiffs promise would take the legal form of a release or a covenant not to sue

assistant: The best answer is B. holding that agreement as to form and content did not constitute agreed judgment
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: Whenever notice is required or permitted by this Agreement to be given, such notice shall be in writing and shall be given to any Member at its address, telecopy number or email address shown in the Company’s books and records, or, if given to the Company, at the addresses listed on Schedule I or such other address as may be designated by the parties from time to time. Each proper notice shall be effective upon any of the following: (i) personal delivery to the recipient, (ii) when telecopied or emailed to the recipient if the telecopy is promptly confirmed by automated or telephone confirmation thereof or if the email is promptly confirmed by email or telephone confirmation thereof, or (iii) one (1) Business Day after being sent to the recipient by reputable overnight courier service (charges prepaid), provided , that, unless the Company has not been provided with an email address of the applicable party, no notice telecopied or sent via reputable overnight courier service (charges prepaid), shall be effective unless the Company shall also send a copy of such notice by e-mail to the e-mail address shown in the Company’s books and records, or, if given to the Company, the e-mail addresses listed on Schedule I or such other e-mail address as may be designated by the parties from time to time.

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: Except for the specific representations and warranties contained in this Article IV (in each case as modified by the Disclosure Schedules hereto) and the other Transaction Documents, none of GNC, Parent, Seller, or Nutra or any other Person makes any express or implied representation or warranty, including with respect to GNC, Nutra, Parent or Seller, or their respective Subsidiaries or the transactions contemplated by this Agreement, and GNC, Parent, Nutra and Seller disclaim any other representations or warranties, whether made by GNC, Parent, Nutra or Seller, any of their respective Affiliates or any of their respective officers, directors, managers, employees, agents or other Representatives.

assistant: Warranties
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 Seller has heretofore made available to the Purchaser and the Trustee copies of Consolidated Parent’s consolidated balance sheets and statements of income and changes in financial condition as of and for the fiscal years ended January 31, 2014 and January 31, 2015, audited by and accompanied by the opinion of Ernst & Young independent public accountants. Except as disclosed to the Trustee prior to the date of this Agreement, such financial statements present fairly in all material respects the financial condition and results of operations of Consolidated Parent and its consolidated subsidiaries as of such dates and for such periods; such balance sheets and the notes thereto disclose all liabilities, direct or contingent, of the Consolidated Parent and its consolidated subsidiaries as of the dates thereof required to be disclosed by GAAP and such financial statements were prepared in accordance with GAAP applied on a consistent basis. Since January 31, 2015, there has been no material adverse change in the condition (financial or otherwise), operations, properties, assets or prospects of the Seller and its Subsidiaries.

assistant: Financial Statements
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: Seller has delivered or, pursuant to Section 1.8, will deliver to Purchaser true and complete copies of all survey reports, waivers of deficiencies, plans of correction, and any other investigation notices, warnings, correspondence or reports issued with respect to the Hospitals (collectively, " Licensing Surveys "), and Seller shall also promptly deliver to Purchaser any Licensing Surveys received, filed, arising or involving the Hospitals between the Effective Date and the Closing Date. There are no material deficiencies or violations noted in any Licensing Surveys and Subtenants have remedied, discharged and complied with all applicable plans of correction, such that there are no current violations or deficiencies with respect to any of the Licenses. Subtenants are currently conducting, and have at all times conducted, their operation of the Hospitals in material compliance with all Applicable Laws.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The requirements of this Section will be interpreted and applied in a manner consistent with applicable Treasury Regulations. To the extent permitted under such Treasury Regulations, the Administrative Committee may elect to use any optional or alternative methods of applying the limitations of this Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as permitted herein, no Seller Party nor any Servicer shall sell, assign, transfer or otherwise dispose of, or grant any option with respect to, or pledge, hypothecate or grant a security interest in or lien on or otherwise encumber (except pursuant to the Program Agreements), any of the Purchased Assets, Mortgage Loans or Contributed Assets or any interest therein, provided that this Section shall not prevent any transfer of Purchased Assets, Mortgage Loans or Contributed Assets in accordance with the Program Agreements. Except as set forth herein, no Seller Party shall assign any of its rights under any Underlying Repurchase Documents to any Person.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise determined by the Committee, if your Termination of Service occurs due to death or due to the incurrence of a Disability, before the Vesting Date, payment for vested Restricted Stock Units and Additional Restricted Stock Units will be made as soon as practicable, but no later than 15 days, following such Termination of Service and in no event later than two and one-half (2-1/2) months following the end of the calendar year in which such Termination of Service occurs.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: OBLIGOR HEREBY WAIVES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS SECURITY AGREEMENT OR UNDER ANY AMENDMENT, INSTRUMENT, DOCUMENT OR AGREEMENT DELIVERED OR WHICH MAY IN THE FUTURE BE DELIVERED IN CONNECTION WITH THIS SECURITY AGREEMENT OR ARISING FROM OR RELATING TO ANY RELATIONSHIP EXISTING IN CONNECTION WITH THIS SECURITY AGREEMENT, AND AGREES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THAT ANY SUCH ACTION OR PROCEEDING SHALL BE TRIED BEFORE A COURT AND NOT BEFORE A JURY.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made in respect of principal, interest or other amounts due from Borrower under this Agreement or under the Note shall be payable on or before 2:00 o’clock p.m., Jacksonville, Florida time, on the day when due without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, and an action therefor shall immediately accrue. Such payments shall be made to Lender at its address in U.S. dollar funds immediately available without setoff, counterclaim or other deduction of any nature. All such payments shall be applied at the option of Lender to accrued and unpaid interest, outstanding principal and other sums dues under this Agreement in such order as Lender, in its sole discretion, shall elect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Rule 35(a) at issue. The facts before this Court clearly indicate that White’s physical condition is “in controversy,” as required by Rule 35(a). White filed this personal-injury action, seeking damages for pain and suffering, including a continuing burning sensation in his foot. White asserts that this ongoing discomfort is caused by the battery acid that he alleges a Wal-Mart employee allowed to leak on him. Wal-Mart argues that the ongoing discomfort is the result of White’s previously existing medical conditions, chiefly poor blood circulation. Because the medical cause of White’s discomfort is clearly in dispute, Wal-Mart has established that White’s “physical condition” is “in controversy.” Compare Lahr v. Fulbright & Jaworski, L.L.P., 164 F.R.D. 196, 199 (N.D.Tex.1995) (<HOLDING>), with Neal v. Siegel-Robert, Inc., 171 F.R.D. Options: A. holding that the plaintiff had placed her medical condition in controversy by alleging that she had suffered severe mental or emotional distress B. holding in a fcra case that plaintiffs may not rely on mere conclusory statements rather they must sufficiently articulate true demonstrable emotional distress including the factual context in which the emotional distress arose evidence corroborating the testimony of the plaintiff the nexus between the conduct of the defendant and the emotional distress the degree of such mental distress mitigating circumstances if any physical injuries suffered due to the emotional distress medical attention resulting from the emotional duress psychiatric or psychological treatment and the loss of income if any C. holding emotional distress suffered must be severe and not trivial D. holding that plaintiffs outsized emotional reaction to car accident was not allowed as basis for emotional distress damages where reasonable person would have experienced some anger or been upset but would not have suffered severe distress E. holding that emotional distress requires a showing of either physical symptoms or mental illness

assistant: The best answer is A. holding that the plaintiff had placed her medical condition in controversy by alleging that she had suffered severe mental or emotional distress
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 Purchaser has all requisite power and authority to execute and deliver this Agreement, to purchase the Shares hereunder and to carry out and perform its obligations under the terms of this Agreement. All action on the part of the Purchaser necessary for the authorization, execution, delivery and performance of this Agreement, and the performance of all of the Purchaser’s obligations under this Agreement, has been taken or will be taken prior to the Closing Date. This Agreement, when executed and delivered by the Purchaser, will constitute a valid and legally binding obligation of the Purchaser, enforceable in accordance with their terms except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting enforcement of creditors’ rights generally, and as limited by laws relating to the availability of specific performance, injunctive relief or other equitable remedies or by general principles of equity.

assistant: Authority