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: — that is, where an attorney is aware that he committed a procedural error that resulted in an unfavorable outcome — there is no triable question with respect to a lawyer’s duty to inform his insurer of the potential claim. See Koransky, Bouwer & Poracky, P.C. v. Bar Plan Mut. Ins. Co., 712 F.3d 336, 343-44 (7th Cir.2013) (concluding as a matter of law that a law firm whose associate had failed to deliver an executed sales contract to the seller, jeopardizing the sale, was on notice of a potential malpractice claim); Capitol Specialty Ins. Corp. v. Sanford Wittels & Heisler, LLP, 793 F.Supp.2d 399, 411 (D.D.C.2011) (“[T]he dismissal of a lawsuit because of attorney error would clearly put a lawyer on notice of the possibility of a malpractice claim.”); Ross, 420 B.R. at 46, 49-50 (<HOLDING>). Paulson & Nace points out that Virginia’s Options: A. holding a law firms failure to file a timely answer resulting in a default judgment could reasonably be expected to form the basis for a malpractice claim B. holding that a motion to dismiss or for summary judgment precluded default judgment C. holding that trial court may not grant summary judgment by default when the movants summary judgment proof is legally insufficient D. holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him E. holding that notice of judgment was insufficient

assistant: The best answer is D. holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him
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: You acknowledge that Agilysys will be irreparably damaged if the provisions of this Agreement are not specifically enforced, that monetary damages will not provide an adequate remedy to Agilysys, and that Agilysys is entitled to an injunction (preliminary, temporary, or final) restraining any violation of this Agreement (without any bond or other security being required), or any other appropriate decree of specific performance. Such remedies are not exclusive and shall be in addition to any other remedy which Agilysys may have.

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: with the reasoning of the Minnesota Court of Appeals in Kowler Associates that to allow appeal of a denial of confirmation when a rehearing has also been ordered would render the statutory language “without directing a rehearing,” Stolhandske v. Stern, 14 S.W.3d at 331 n.2, without effect. In Stolhandske, as in the case before us, the lower court vacated the arbitration award and ordered a new arbitration but did not rule on a motion to confirm the award. The Texas Court of Appeals noted that “[t]he vacating of an arbitration award does not automatically deny a motion to confirm, but renders the consideration of an application to confirm moot.” Stolhandske v. Stern, 14 S.W.2d 810, 815 (Tex. App. 2000). Compare, National Ave. Bldg. Co. v. Stewart, 910 S.W.2d 334, 341 (Mo. App. 1995) (<HOLDING>); Air Shield Remodelers, Inc. v. Biggs, 969 Options: A. holding that a request made within 180 days of a modified confirmation order entered three months after the original confirmation order but more than 180 days after the original confirmation order was timebarred B. holding that a rehearing order is interlocutory and not appealable C. holding appealable order which explicitly denied confirmation vacated award and directed rehearing but stating that we do not imply the order would have been appealable absent the provision denying confirmation D. holding that a rehearing order was not final or appealable E. holding that when it is apparent that an order confirming or denying confirmation of an arbitration award does not represent the conclusion of the proceeding on the merits it lacks the quality of finality and is not appealable

assistant: The best answer is C. holding appealable order which explicitly denied confirmation vacated award and directed rehearing but stating that we do not imply the order would have been appealable absent the provision denying confirmation
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 representations and warranties contained in this ARTICLE IV (including materials and information made available to Subscriber), neither Venaxis nor any other Person has made or makes any other express or implied representation or warranty, either written or oral, on behalf of Venaxis, including any representation or warranty as to the future revenue, profitability or success of its business, or any implied representation or warranty arising from statute or otherwise in law.

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: This Agreement may be terminated by any Purchaser, as to such Purchaser’s obligations hereunder only and without any effect whatsoever on the obligations between the Company and the other Purchasers, by written notice to the other Parties, if the Closing has not been consummated on or before March 15, 2017.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No financial statement, material report, material certificate or other material information furnished (whether in writing or orally), taken together as a whole with all SEC filings made from time to time by the Company, by or on behalf of any of the Company or any of its Subsidiaries to the Administrative Agent in connection with the transactions contemplated hereby and the negotiation of this Agreement or delivered hereunder (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, pro forma financial information, estimated financial information and other projected or estimated information, the Company only represents that such information was prepared in good faith based upon assumptions believed to be reasonable at the time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: As of the Agreement Date, Schedule 6.1(f) is a complete and correct listing of all real property owned or leased by the Borrower or its Subsidiaries or with respect to which the Borrower or one of its Subsidiaries holds an EPR Senior First Mortgage or similar mortgage. Each such Person has good, marketable and legal title to, or a valid leasehold interest in, or, in the case of real estate subject to an EPR Senior First Mortgage or similar mortgage, a valid mortgage lien on, its respective assets. As of the Agreement Date, there are no Liens against any assets of any Loan Party except for Permitted Liens.

assistant: Liens
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: 9gag , inc may also terminate or suspend any and all services and access to the site immediately , without prior notice or liability , if subscriber breaches any of the terms or conditions of this agreement .

assistant: 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 legal provision and list the applicable contract clause categories. Provision: Promptly (but in no event later than ten (10) days after any Responsible Officer of any Credit Party obtains knowledge thereof) notify the Administrative Agent in writing of (which shall promptly make such information available to the Lenders in accordance with its customary practice) (i) any unfavorable determination letter from the IRS regarding the qualification of an Employee Benefit Plan under Section 401(a) of the Code (along with a copy thereof), (ii) all notices received by any Credit Party or any ERISA Affiliate of the PBGC’s intent to terminate any Pension Plan or to have a trustee appointed to administer any Pension Plan, (iii) all notices received by any Credit Party or any ERISA Affiliate from a Multiemployer Plan sponsor concerning the imposition or amount of withdrawal liability pursuant to Section 4202 of ERISA and (iv) the Borrower obtaining knowledge or reason to know that any Credit Party or any ERISA Affiliate has filed or intends to file a notice of intent to terminate any Pension Plan under a distress termination within the meaning of Section 4041(c) of ERISA.

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: All notices, demands, requests, consents, approvals, and other communications required or permitted hereunder shall be in writing and, unless otherwise specified herein, shall be (i) personally served, (ii) deposited in the mail, registered or certified, return receipt requested, postage prepaid, (iii) delivered by reputable air courier service with charges prepaid, or (iv) transmitted by hand delivery, telegram, or facsimile, addressed as set forth below or to such other address as such party shall have specified most recently by written notice. Any notice or other communication required or permitted to be given hereunder shall be deemed effective (a) upon hand delivery or delivery by facsimile, with accurate confirmation generated by the transmitting facsimile machine, at the address or number designated below (if delivered on a business day during normal business hours where such notice is to be received), or the first business day following such delivery (if delivered other than on a business day during normal business hours where such notice is to be received) or (b) on the second business day following the date of mailing by express courier service, fully prepaid, addressed to such address, or upon actual receipt of such mailing, whichever shall first occur. The addresses for such communications shall be: (i) if to Borrower, to: Emerald Medical Applications Corp., Inc., c/o of Law Office of Richard Rubin, 40 Wall Street, New York, NY 10005, Attn: Lior Wayn, CEO, fax: 212-658-9867 , with a copy by fax only to: Law Office of Richard Rubin, 40 Wall Street, New York, NY 10005, Attn: Richard Rubin, Esq., fax: 212-658-9867, and (ii) if to the Holder, to: the address and fax number indicated on the front page of this Note, with an additional copy by fax only to (which shall not constitute notice): Grushko & Mittman, P.C., 515 Rockaway Avenue, Valley Stream, New York 11581, facsimile: (212) 697-3575. For so long as any notice may or be required to be given to the Company pursuant to this Note, Borrower will maintain an address for notice purposes in New York, New York.

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: The Company and you agree to execute and deliver any and all other documents and instruments and to take any and all other actions that the other party may reasonably request from time to time to effectuate the intent and purposes of this Agreement.

assistant: Further Assurances
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 debtors themselves. Second, following the Hospital’s argument to its logical end would prohibit [the agency] from denying any bad debt reimbursement claims because of the chance that costs might be shifted to non-Medicare patients in some way. Therefore, we conclude that Plaintiffs argument is without merit. Detroit Receiving Hosp. v. Shalala, 194 F.3d 1312 (table), 1999 WL 970277, at *6 (6th Cir. Oct. 15, 1999). Athough in this case plaintiffs may not attempt to collect the bad debts from the QMBs, Detroit Receiving v. Shalala makes clear that the ban on cross-subsidization does not guarantee recovery of all of the costs associat ed with the provision of Medicare services in every instance. See also Royal Geropsychiatric Services, Inc. v. Tompkins, 159 F.3d 238, 245 (6th Cir.1998) (<HOLDING>). Moreover, Congress has regularly allowed the Options: A. holding that jurys failure to address first degree murder charge amounted to a verdict of not guilty on that charge B. holding that an original eeoc charge is sufficient to support a civil suit under the act for any discrimination developed in the course of a reasonable investigation of that charge provided such discrimination was included in the reasonable cause determination of the eeoc C. holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court D. holding in the context of a challenge to regulations providing for reduced reimbursements for psychiatric services provided to qmbs under medicare part b that the plaintiffs argument is premised to a great degree on a flawed reading of the medicare act which nowhere guarantees 100 of a physicians reasonable charge E. holding that the plain error review provided for in ocga 17858 is waived where the defendant requested the charge in question and made no objection to the charge at trial

assistant: The best answer is D. holding in the context of a challenge to regulations providing for reduced reimbursements for psychiatric services provided to qmbs under medicare part b that the plaintiffs argument is premised to a great degree on a flawed reading of the medicare act which nowhere guarantees 100 of a physicians reasonable charge
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: skype provides a qik branded embeddable flash player feature which you may incorporate into your own personal , non-commercial website for use in accessing the materials on the qik branded skype website .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of employment under this Agreement (“ Term ”) shall be for the period beginning on the Effective Date and ending on the third anniversary of the Effective Date, subject to earlier termination as provided in Section 3 . The “ Effective Date ” will be a date that is mutually agreed between the Company and the Executive but will not be later than February 15, 2016. The Executive agrees that he will notify his prior employer of his intent to commence employment with the Company at least 20 days before the Effective Date. The Term shall automatically renew for additional twelve (12) month periods unless no later than sixty (60) days prior to the end of the applicable Term either party gives written notice of non-renewal (“ Notice of Non-Renewal ”) to the other, in which case Executive’s employment shall terminate at the end of the then-applicable Term, subject to earlier termination as provided in Section 3 .

assistant: Effectiveness
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 have participated jointly in the negotiation and drafting of this Agreement. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the parties and no rule of construction, presumption or burden of proof shall arise favoring or disfavoring any party because of the authorship of an y provision of this Agreement.

assistant: 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: This Letter Agreement constitutes the complete understanding between the parties hereto relating to the subject matter hereof, and supersedes in its entirety any prior oral or written agreements, understandings, or representations relating to the subject matter hereof, including, without limitation, the Retention Agreement. Notwithstanding the foregoing and for the avoidance of doubt, this Letter Agreement shall not supersede any rights you may have under your Offer Letter as in existence prior to the execution of your Retention Agreement (including, without limitation, with respect to any termination of employment protections set forth in Sections 8 and 9 of your Offer Letter) and the Offer Letter shall remain in full force and effect.

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: v. Foley, 247 So.2d 40 (Fla.1971) (recognizing consortium claim based on physical injury); Food Fair, Inc. v. Anderson, 382 So.2d 150, 155 (Fla. 5th DCA 1980) (recognizing consortium claim for certain intentional torts); see also Gould v. Sacred Heart Hospital, 1998 WL 995313 (N.D.Fla.1998) (following Food Fair). The availability of a consortium claim under federal civil rights statutes is less clear. See, e.g., Doe v. R.R. Donnelley, & Sons Co., 843 F.Supp. 1278, 1284 (S.D.Ind.1994) (granting summary judgment on loss of consortium claim "because Title VII does not recognize loss of consortium damages even if Plaintiff could successfully maintain such a claim"), aff'd, 42 F.3d 439 (7th Cir.1994); Cook v. Waters, No. 96-1459-CIV-T-17E, 1996 WL 685842, at *1 (M.D.Fla. Nov. 13, 1996) (<HOLDING>); Perdomo v. Jadcson Memorial Hospital, 443 Options: A. recognizing that the ada is interpreted in a manner similar to title vii B. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii C. holding consortium claim unavailable under title vii and ada D. holding that ada claim under title iii did not survive plaintiffs death E. holding title vii analysis applies in ada case

assistant: The best answer is C. holding consortium claim unavailable under title vii and ada
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: Use the proceeds of the Credit Extensions for working capital and other general corporate purposes (including to pay costs and expenses incurred in connection therewith and in connection with the Loan Documents and to make Restricted Payments permitted hereby) not in contravention of any Law or of any Loan Document.

assistant: Use Of Proceeds
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: 362 U.S. 309 80 S.Ct. 725 4 L.Ed.2d 734 Clarence Duke McGANNv.UNITED STATES. No. 488, Misc. Decided March 28, 1960. Clarence Duke McGann, pro se. Solicitor General Rankin, for the United States. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. Upon the suggestion of the Solicitor General that inasmuch as the petitioner had been granted leave to proceed in forma pauperis by the District Court, the application to the Court of Appeals was unnecessary, the judgment of the Court of Appeals is vacated and the case is remanded to that Court for further proceedings.

assistant: 9
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Purchaser is a corporation duly organized, validly existing and in good standing under the Laws of the State of Delaware. Purchaser is not in default under or in violation of its Organizational Documents. Purchaser is a Citizen of the United States within the meaning of 49 U.S.C. § 40102(a)(15), as interpreted by DOT (“ Citizen of the United States ”).

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: Any and all notices or other communications or deliveries to be provided by the Holder hereunder, including, without limitation, any Notice of Conversion, shall be in writing and delivered personally or sent by a nationally recognized overnight courier service, addressed to the Company, at the address set forth on the Company’s signature page hereto, or such other address as the Company may specify for such purposes by notice to the Holder delivered in accordance with this Section 9(a). Any and all notices or other communications or deliveries to be provided by the Company hereunder shall be in writing and delivered personally or sent by a nationally recognized overnight courier service addressed to each Holder at the address of the Holder appearing on the books of the Company or at the principal place of business of such Holder, as set forth in the Purchase Agreement. Any notice or other communication or deliveries hereunder shall be deemed given and effective upon actual receipt by the party to whom such notice is required to be given.

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: Seller agrees to do such further acts and things and to execute and deliver to Buyer such additional assignments, acknowledgments, agreements, powers and instruments as are reasonably required by Buyer to carry into effect the intent and purposes of this Agreement and the other Transaction Documents, to perfect the interests of Buyer in the Mortgage Assets or to better assure and confirm unto Buyer its rights, powers and remedies hereunder and thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted under the terms of this Agreement shall be in writing and shall be deemed sufficient when delivered personally or sent by confirmed email, telegram, or fax or forty-eight (48) hours after being deposited in the U.S. mail, as certified or registered mail, with postage prepaid, and addressed to the Company at the Company’s principal corporate offices or to you at the address maintained for you in the Company’s records or, in either case, as subsequently modified by written notice to the other party.

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: You agree not to disparage the Progressive Group or Releasees, including by libel or defamation. You may, however, provide truthful information to any state or federal administrative agency and in response to formal legal process, such as a subpoena compelling your testimony.

assistant: Non-Disparagement
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.D.N.Y.1972), in which the district court decided that the defendants implicitly conferred authority on their attorney . to receive process. Opp’n to CARCO’s Mot. at 2-3. In Bosur-gi however, the defendants retained their attorneys for the purpose of asserting a right to a fund, the attainment of which “necessarily required the attorneys to resist the claims to the fund asserted by . other parties.” 343 F.Supp. at 818. Consequently, as the Bosurgi court notes, “receipt of process by the attorney 834 F.Supp. 99, 102 (S.D.N.Y.1993) (noting that “[t]his court has specifically stated that an attorney does not become a client’s agent for service of process simply because she represented the client in an earlier action”); McLaughlin v. Fidelity Sec. Life Ins., 667 A.2d 105, 106 (D.C.1995) (<HOLDING>). 3. The Court Directs the Plaintiff to Perfect Options: A. holding that a defendants actual knowledge that an action is pending or that service has been attempted is not the equivalent of service of summons and will not relieve the plaintiff of its burden or vest the court with jurisdiction B. holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service C. holding that service is not avoided by service on a partys attorney as service on an attorney is ineffective unless he has been authorized to accept such service D. recognizing that it is well settled law that an action is commenced by the service of a summons and without valid service of process the trial court has no jurisdiction to act E. holding that service of subpoena on plaintiffs counsel as opposed to the plaintiff himself renders such service a nullity

assistant: The best answer is B. holding that an attempted service on the partys counsel was insufficient without proof of the counsels actual authority to receive service
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: Agent shall make no representations, claims, or warranties with respect to the Products, either orally or in writing, unless such representations, claims or warranties have been previously approved by StelKast in writing. StelKast will not be bound in any manner whatsoever should Agent make such representations, claims, or warranties in violation of this Agreement.

assistant: Representations
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 and Master Tenant have been duly organized and are validly existing and in good standing in their respective jurisdictions of organization with requisite power and authority to own or lease the Property as the case may be and to transact the businesses in which it is now engaged. Each of Borrower and Master Tenant is duly qualified to do business and is in good standing in the State in which the Property is located, and each of Borrower and Master Tenant possesses all rights, licenses, permits and authorizations, governmental or otherwise, necessary to entitle it to own the interest in the Property and to transact the businesses in which it is now engaged, and the sole business each of Borrower and Master Tenant is as set forth with respect to it in the definition of “Special Purpose Entity.” The ownership interests in Borrower and Master Tenant are as set forth on the organizational chart attached hereto as Schedule III .

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 Agreement as amended by this Amendment constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and thereof, and supersedes any and all prior agreements and understandings, oral or written, relating to the subject matter hereof and thereof.

assistant: Integration
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: detain Sugar and Stark beyond what was strictly necessary to effectuate the traffic stop. Once Crivello checked Sugar’s license, examined the note authorizing Stark to use the RV and the registration, he had all the information he needed to issue the citation for the traffic violation. Rather than allowi defendant “was nowhere near the pick-up truck at the time it was stopped, detained and searched, and there is no evidence that [he] had any proprietary or possessory interest either in the vehicle, or its contents, or any right to exclude others from the vehicle, it would be difficult to posit a clearer failure to demonstrate any legitimate expectation of privacy on the part of the defendant”) (internal citations omitted); United States v. Sanchez, 943 F.2d 110, 113-14 (1st Cir.1991) (<HOLDING>). The government does not dispute that Sugar, Options: A. holding that the driver of a car who had permission to use the car had standing to challenge its search B. holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car C. holding that a car passenger had a legitimate expectation of privacy in his closed plastic shopping bag found on the floor of the car D. holding that a defendant who had borrowed a car for a limited period of time had no legitimate expectation of privacy in the cars locked trunk where it was the very person from whom he had borrowed the car who first called the police after he failed to return the car E. holding that car passenger had legitimate expectation of privacy in his jacket found crumpled on the back seat of car

assistant: The best answer is B. holding that the defendant failed to demonstrate legitimate expectation of privacy where he could not show that he had the owners permission to use the car or demonstrate prior use or control of the car
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 jointly and severally pay the reasonable out-of-pocket legal fees and expenses incurred by the Lenders in connection with the preparation and closing of this Modification and any other documents referred to herein and the consummation of any transactions referred to herein or therein.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitrator must follow this agreement and can award the same damages and relief as a court ( including attorney fees ) , except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: For purposes of this Amendment, all terms used herein and not otherwise defined herein, including but not limited to, those terms used in the recitals hereto, shall have the respective meanings assigned thereto in the Credit Agreement.

assistant: Defined 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 legal provision and list the applicable contract clause categories. Provision: Each Obligor shall execute and deliver to the Collateral Agent such agreements, assignments or instruments (including affidavits, notices, reaffirmations and amendments and restatements of existing documents, as the Collateral Agent may reasonably request) and do all such other things as the Collateral Agent may reasonably deem necessary or appropriate (i) to assure to the Collateral Agent its security interests hereunder, including (A) such instruments as the Collateral Agent may from time to time reasonably request in order to perfect and maintain the security interests granted hereunder in accordance with the UCC, (B) with regard to Copyrights, a Notice of Grant of Security Interest in Copyrights in the form of Exhibit 4(b)(i) , (C) with regard to Patents, a Notice of Grant of Security Interest in Patents for filing with the United States Patent and Trademark Office in the form of Exhibit 4(b)(ii) hereto and (D) with regard to Trademarks, a Notice of Grant of Security Interest in Trademarks for filing with the United States Patent and Trademark Office in the form of Exhibit 4(b)(iii) hereto, (ii) to consummate the transactions contemplated hereby and (iii) to otherwise protect and assure the Collateral Agent of its rights and interests hereunder. Furthermore, each Obligor also hereby irrevocably makes, constitutes and appoints the Collateral Agent, its nominee or any other person whom the Collateral Agent may designate, as such Obligor’s attorney in fact with full power and for the limited purpose to sign in the name of such Obligor any financing statements, or amendments and supplements to financing statements, renewal financing statements, notices or any similar documents which in the Collateral Agent’s reasonable discretion would be necessary or appropriate in order to perfect and maintain perfection of the security interests granted hereunder, such power, being coupled with an interest, being and remaining irrevocable until the termination of the commitments under the Credit Agreement and payment in full of all Obligations (other than contingent indemnification obligations) and the expiration or termination of all Letters of Credit (other than Letters of Credit as to which other arrangements satisfactory to the Administrative Agent and the Issuing Bank shall have been made). Each Obligor hereby agrees that a carbon, photographic or other reproduction of this Agreement or any such financing statement is sufficient for filing as a financing statement by the Collateral Agent without notice thereof to such Obligor wherever the Collateral Agent may in its sole discretion desire to file the same.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the Act defines a responsible party as "the owner or operator of a facility.” Utah Code Ann. § 19-6-402(26)(a)(i) (Supp.1997). The Act defines facility as "all underground storage tanks located on a single parcel of property...." ⅛ § 19-6-402(14). A release is defined as “any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank or petroleum storage tank.” Id. § 19-6-402(25). Under the plain language of the definitions contained in the Act, V-l is a responsible party if it is the owner of a UST facility or has experienced releases. Although V-l may not be the only responsible party, it is liable for the abatement if it is at least a responsible party under the Act. Cf. DEQ v. Wind River Petroleum, 881 P.2d 869, 873 (Utah 1994) Options: A. holding that arranger liability claim requires proof that defendant arranged for the disposal of hazardous substances owned or possessed by defendant B. recognizing strict product liability actions C. holding utah hazardous substances mitigation act utah code ann 196301 to 325 1991 and supp1993 imposes strict liability on owner or operator of facility as responsible party D. holding that notice not required because cercla is a strict liability statute E. holding that potentially liable party could avoid all liability by proving its released hazardous substances did not contribute to response costs

assistant: The best answer is C. holding utah hazardous substances mitigation act utah code ann 196301 to 325 1991 and supp1993 imposes strict liability on owner or operator of facility as responsible party
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: It is intended that the payments and benefits provided under the Plan and any Award shall either be exempt from the application of, or comply with, the requirements of Section 409A of the Code. The Plan and all Award Certificates shall be construed in a manner that effects such intent. Nevertheless, the tax treatment of the benefits provided under the Plan or any Award is not warranted or guaranteed. Neither the Company, its Affiliates nor their respective directors, officers, employees or advisers (other than in his or her capacity as a Participant) shall be held liable for any taxes, interest, penalties or other monetary amounts owed by any Participant or other taxpayer as a result of the Plan or any Award.

assistant: General
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: During the Employment Period, the Executive agrees to serve as President and Chief Executive Officer of the Company and non-Chairman member of the Company’s Board of Directors, subject to election by shareholders. In his capacity as President and Chief Executive Officer, the Executive shall report directly to the Company’s Board of Directors, and shall perform the duties and responsibilities of a President and Chief Executive Officer and other duties and responsibilities as he may be assigned by the Board during the term of this Agreement. Executive shall devote all of his skill, knowledge, commercial efforts, and business time to the conscientious and good faith performance of his duties and responsibilities for the Company to the best of his ability, provided, Executive shall not be prohibited from serving on corporate, civic or charitable boards or committees (b) deliver lectures, fulfill speaking engagements or teach at educational institutions and (c) manage personal investments, so long as such activities do not materially interfere with the performance of the Executive’s responsibilities as an employee of the Company in accordance with this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent permitted by applicable law, the Company shall indemnify and hold harmless the members of the Committee from and against any and all liabilities, costs and expenses incurred by such persons as a result of any act, or omission to act, in connection with the performance of such person’s duties, responsibilities and obligations under the Plan, other than such liabilities, costs and expenses as may result from the gross negligence, willful misconduct, and/or criminal acts of such persons.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement is personal to Executive and without the prior written consent of the Company shall not be assignable by Executive other than by will or the laws of descent and distribution. Should Executive die or become mentally disabled on or following the Termination Date, this Agreement will be enforceable by his legal representative. This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: linden lab reserves the right , but is not obligated to use technological measures designed to prohibit the copying , transfer , or distribution of content outside the service when we in good faith believe that such copying , transfer , or distribution would or might violate the intellectual property rights of our users , linden lab , or third parties .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to manage a jury's access to evidence presented at trial. See Settle v. People, 180 Colo. 262, 264, 504 P.2d 680, 680 (1972); Crim. P. 57(b) (trial courts may proceed in any lawful manner when a procedure is not otherwise specified). However, trial courts are limited in the exercise of that discretion and charged with ensuring that when evidence is given to the jury for use during deliberations, it is "not so selected, nor used in such a manner, that there is a likelihood of it being given undue weight or emphasis by the jury." Settle, 180 Colo. at 264, 504 P.2d at 681. The court of appeals has followed our holding in Settle when reviewing trial court decisions to allow jurors' access to videotaped evidence or testimony. See People v. Montoya, 773 P.2d 623, 626 (Colo.App.1989) (<HOLDING>) (citing Settle, 180 Colo. at 264, 504 P.2d at Options: A. holding that witness statements in police report inadmissible B. holding that defendant could not claim error in part because he did not request the district court to review the witness reports in question which would allow the district court to review the statements and excise incriminating information C. holding that statements in proof of loss are not conclusive claimant could explain statements D. holding that a trial court may allow jurors to review a videotape of a witness previous statements under circumstances that will assure that such statements are not given undue weight or emphasis E. holding that the jury is the judge of the weight and credibility given to witness testimony

assistant: The best answer is D. holding that a trial court may allow jurors to review a videotape of a witness previous statements under circumstances that will assure that such statements are not given undue weight or emphasis
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 Calumet Fuels or LW, on the one hand, nor BP may assign this Agreement except in accordance in Section 14 of the General Provisions. Any attempted assignment in violation of this Article 13 shall be null and void ab initio .

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 case excerpt and choose the best holding from the options. Case excerpt: 41(a) after it has sought and received a TRO or a preliminary injunction can constitute a final adjudication on the merits that “the injunction should not have issued in the first instance.” Blumenthal, 910 F.2d at 1054. The determination of whether such a dismissal should be treated as a final adjudication on the merits for such purposes, however, “must be made on a case by case basis” in light of the totality of the circumstances. Belfer, 2008 WL 163615, at *2. A key factor in this analysis is whether, as here, the plaintiffs dismissal follows vacatur of the TRO or injunction on the ground that the plaintiff has failed to show a likelihood of success on the merits. See Middlewest, 433 F.2d at 243; Belfer, 2008 WL 163615, at *2; cf. Rocky Mountain Timber Corp., 502 F.Supp. at 434-35 (<HOLDING>). In such circumstances, a court may “presume Options: A. holding that the burden is on the plaintiff B. holding that dissolution of a tro after the plaintiff failed to carry its burden at the preliminary injunction hearing constituted a final decisions on the merits for purposes of the bond C. holding that the dissolution of a tro constitutes a final judgment on the merits allowing recovery against the tro bond D. holding in camera hearing was needed to determine whether the incourt identification was of independent origin or was the tainted product of the circumstances surrounding a bond hearing where a witness saw a suspect at a bond hearing prior to his incourt identification of the suspect and the witness may have gotten a fix on the suspect at the bond hearing E. holding that committee failed to carry its ultimate burden

assistant: The best answer is B. holding that dissolution of a tro after the plaintiff failed to carry its burden at the preliminary injunction hearing constituted a final decisions on the merits for purposes of the bond
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement and understanding between the Company and me relating to the subject matter herein and merges all prior discussions between us. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged. Any subsequent change or changes in my duties, salary or compensation will not affect the validity or scope of this Agreement.

assistant: Entire Agreements