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: reflect that the defendant expressly authorized such stipulation and that the stipulation was intended to obviate the need for direct proof.”); see also State v. Dixon, 286 Ga. 706, 708 (2) (691 SE2d 207) (2010) (“A criminal defendant may waive jurisdictional defenses and may expressly authorize factual stipulations that will obviate the need for proof.” (citations omitted)). Cf. Thompson, 277 Ga. at 104 (2) (“Because no valid stipulation regarding venue existed, the State was required to introduce evidence at trial on the issue.”). 23 Owens v. State, 317 Ga. App. 821, 823 (1) (733 SE2d 16) (2012) (punctuation omitted). 24 Id. 25 Bradley v. State, 292 Ga. 607, 614 (5) (740 SE2d 100) (2013) (punctuation omitted). 26 See Davenport v. State, 308 Ga. App. 140, 157 (3) (706 SE2d 757) (2011) (<HOLDING>); see also Dandy v. State, 238 Ga. App. 435, Options: A. holding that trial court erred in denying motion for judgment of acquittal when state failed to prove venue B. holding that a district court did not commit reversible error because it attached great weight to one factor C. holding that a trial court does not commit plain error unless the error is clear under current law D. holding that trial court did not commit reversible error when it submitted admissibility of evidence question to jury because the trial court had independently decided the question E. holding that trial court did not commit error when it allowed state to reopen evidence to establish venue

assistant: The best answer is E. holding that trial court did not commit error when it allowed state to reopen evidence to establish venue
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 amendment or waiver of any provision of this Agreement nor consent to any departure therefrom by any Party hereto shall be effective unless it is in a written agreement executed by each Senior Lien Agent and Junior Lien Agent (at the direction of the requisite Senior Lien Lenders as required under any Senior Lien Credit Agreement and the requisite Junior Lien Lenders as required under any Junior Lien Credit Agreement, respectively) and, in the case of any amendment or waiver that could reasonably be expected to be adverse to the interests, rights, liabilities or privileges of any Credit Party or imposes additional duties or obligations on any Credit Party, the Borrowers, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. It is understood that the Designated Senior Lien Agent and the Designated Junior Lien Agent, without the consent of any other Senior Lien Secured Party or Junior Lien Secured Party, may in their discretion determine that a supplemental agreement (which may take the form of an amendment and restatement of this Agreement) is necessary or appropriate to facilitate having additional Indebtedness or other obligations of any of the Credit Parties become Senior Lien Obligations or Junior Lien Obligations, as the case may be, under this Agreement (such Indebtedness or other obligations, “ Additional Debt ”), which supplemental agreement shall, if applicable, specify whether such Additional Debt constitutes Senior Lien Obligations or Junior Lien Obligations; provided that such Additional Debt is permitted to be incurred under each Senior Lien Credit Agreement and each Junior Lien Credit Agreement then extant in accordance with the terms thereof. Each such supplemental agreement (x) shall be in form and substance reasonably satisfactory to the Designated Senior Lien Agent and the Designated Junior Lien Agent, (y) shall be executed by the Senior Representative with respect to the applicable series of Additional Debt (and, upon the effectiveness of such supplemental agreement, such Senior Representative shall become an “Agent” hereunder) and (z) shall provide, in a manner satisfactory to the Designated Senior Lien Agent and the Designated Junior Lien Agent, that the Senior Representative with respect to applicable series of Additional Debt and each holder of such series of Additional Debt shall be subject to and bound by the provisions of this Agreement, as so supplemented, in its capacity as a holder of such series of Additional Debt.

assistant: Amendments
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 the claim needs no new grounds of jurisdiction to support it.” Fed.R.Civ.P. 8(a)(1) (emphasis added). Rule 8(a)(1) is satisfied if the complaint generally “say[s] enough about jurisdiction to create some reasonable likelihood that the court is not about to hear a case that it is not supposed to have the power to hear.” Hammes v. AAMCO Transmissions, Inc., 33 F.3d 774, 778 (7th Cir.1994). Thus, it is “not essential that a complaint set forth the statutory basis for the court’s jurisdiction in order to assume jurisdiction, if the facts alleged provide a basis for the assumption of jurisdiction.” AmSouth Bank v. Dale, 386 F.3d 763, 779 (6th Cir.2004) (quoting Rohler v. TRW, Inc., 576 F.2d 1260, 1264 (7th Cir.1978)). See also Eriline Co. S.A. v. Johnson, 440 F.3d 648 (4th Cir.2006) (<HOLDING>); Blanchard v. Terry & Wright, Inc., 331 F.2d Options: A. holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim B. holding that the plaintiffs state law claims are preempted by federal law C. holding that when all federal claims have been dismissed the court should decline to exercise supplemental jurisdiction over the state law claims D. holding that the federal district courts dismissal of the plaintiffs federal claims deprived the court of its jurisdiction over the remaining state law claims arising from the same incident E. holding that the court of federal claims had pendant jurisdiction over a state law contract claim that was part of the same case as a claim over which the court of federal claims had jurisdiction pursuant to 28 usc 1498b

assistant: The best answer is A. holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim
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: Unless otherwise specified herein, all notices pursuant to this Agreement shall be in Writing and sent either (a) by hand, (b) by certified mail, return receipt requested, or (c) by recognized overnight courier service, to the other party at the address set forth herein, or to such other addresses as a party may from time to time furnish to the other party by notice. Any notice hereunder shall be deemed to have been given on (i) the day of hand delivery, (ii) the third Business Day after the day it is deposited in the U.S. Mail, if sent as aforesaid, or (iii) the day after it is delivered to a recognized overnight courier service with instructions for next day delivery.

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: Each of Borrower and Borrower Representative has been duly organized and is validly existing and in good standing under the laws of the state of its formation, with requisite power and authority, and all rights, licenses, permits and authorizations, governmental or otherwise, necessary to own its properties and to transact the business in which it is now engaged. Each of Borrower and Borrower Representative is duly qualified to do business and is in good standing in each jurisdiction where it is required to be so qualified in connection with its properties, business and operations. Borrower is a Special Purpose Entity.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: suppliers pay a commission ( being a small percentage of the product price ( e.g. room price ) ) to booking.com after the end user has consumated the service or product of the supplier or after the guest has stayed at ( and paid ) the accommodation .

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: Unless otherwise agreed to by the parties during their ordinary course of dealings, promptly after Catalent completes Processing of a Batch, Catalent shall provide Client with copies of Batch records prepared in accordance with the Specifications; provided , that if testing reveals an out-of-Specification result, Catalent shall provide such Batch records promptly following resolution of the out-of Specification result. After Catalent completes Processing of a Batch, Catalent shall also provide Client or its designee with a Certificate of Analysis and Certificate of Manufacture, or a Certificate of Conformance for such Batch. Issuance of a Certificate of Analysis and Certificate of Manufacture (relating to bulk drug product), and a Certificate of Conformance (for further processing), constitutes release of the Batch by Catalent to Client; and issuance of a Certificate of Conformance constitutes a release of a Batch of finished Product by Catalent to Client (each a “ Catalent Release ”). Client shall be responsible for final release of Product to the market in reliance on Catalent’s Certificate of Analysis/Certificate of Manufacture or Certificate of Conformance (including testing).

assistant: Releases
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 questions concerning the validity, construction and effect of this Agreement shall be governed by the laws of the State of Delaware, without reference to principles of conflict of laws. Any dispute concerning this Agreement will be resolved exclusively in the state or federal courts in Harris County, Texas, and the Optionee agrees to exclusive venue and jurisdiction in such courts as a condition of receiving this Award.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: evidence against a defendant in a criminal trial under the constitutional doctrine of waiver by misconduct. Under this doctrine, a defendant’s constitutional right to confrontation under the Sixth Amendment, and therefore his hearsay objection as well, is forfeited by his own wrongdoing. Reynolds, 98 U.S. at 158. {79} I do not agree that the State has presented “several compelling reasons why a showing of intent to silence should not be required” (Majority Opinion, ¶ 30), in “cases of the murder of the witness or the death of the witness arising out of a domestic violence situation.” Majority Opinion ¶ 33. My disagreement is prim ow of these contradictions, and our own cases recognize the problem. See Lujan ex rel. Lujan v. Casados-Lujan, 2004-NMCA-036, ¶ 10,135 N.M. 285, 87 P.3d 1067 (<HOLDING>); State v. Buck, 33 N.M. 334, 338, 266 P. 917, Options: A. recognizing parents fundamental liberty interest in the care custody and management of their children B. recognizing that the motivation for a domestic abuse case can be to further the parents interest C. holding the foster parents responsible for support where the childs natural parents are unknown and noting that an earlier new york case held that an agreement to adopt did not terminate the natural parents duty of support but that in that earlier case the natural parent was alive and capable of providing for the child D. recognizing that a parents liberty interest in the custody of a child is subject to due process protection E. recognizing that in parental termination proceedings the fundamental liberty interest of parents must be balanced with societys interest in protecting the welfare of children

assistant: The best answer is B. recognizing that the motivation for a domestic abuse case can be to further the parents interest
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Upon request of the Bank, the Borrower will, and will cause Restricted Subsidiary to, duly execute and deliver or cause to be duly executed and delivered to. the Bank such further instruments or documents and do and cause to be done such further acts as may be reasonably necessary or proper in the reasonable opinion of the Bank to carry out more effectively the provisions and purposes of this Agreement and the other Loan Documents.

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: consequently his trespass claim fails. E. Infringement of Riparian Rights Even if his trespass claim should fail because he cannot prove ownership to the foreshore, Plaintiff further argues that the barges constitute a physical interference with his riparian rights as upland owner of 175 Ellis Street. PI. 8/20/03 Br. at 99. While most of the applicable cases for this issue are relatively old, New York’s highest court has reaffirmed recently that “riparian owners still enjoy their full panoply of rights, subject only to the long-recognized navigational servitude.” Adirondack League Club, Inc. v. Sierra Club et al., 92 N.Y.2d 591, 603, 684 N.Y.S.2d 168, 706 N.E.2d 1192 (1998). Plaintiff does not claim that the State granted or leased to him the land und y, 100 F.2d 360, 363 (2d Cir.1938) (<HOLDING>); Allen v. Potter, 64 Misc.2d 938, 316 N.Y.S.2d Options: A. holding that judge had power to limit ingress and egress of persons during counsels final arguments because it was a reasonable limitation to prevent disturbance B. holding that city may by ordinance require abutting landowner to repair sidewalk but that the abutting landowner is not liable in an action in tort for injuries C. holding that wetlands adjacent to navigable waters are included in the term territorial waters D. holding that appellant landowner who complained of a sewer pipe being laid offshore his property had the incorporeal right to free ingress and egress to abutting navigable waters E. holding that regulatory restrictions on abutting landowners right of ingress and egress are not compensable when landowner has adequate alternative means to access property

assistant: The best answer is D. holding that appellant landowner who complained of a sewer pipe being laid offshore his property had the incorporeal right to free ingress and egress to abutting navigable waters
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 may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for all the world like there’s not much of a future for the Debtors’ case because they can’t even pay their own way, normal on-going operating expenses, to keep their heads above water. They’re falling further in the hole. Given this, I find that the Debtors’ .failure to pay their post-petition income taxes as and when due constitutes cause for the conversion or the dismissal of this case.... (December 14, 1994, Hearing Transcript, pp. 7-8.) On December 20, 1994, the Debtors filed a notice of appeal with the Bankruptcy Court. The appellants/Debtors filed their brief on February 8,1995, and the United States filed its brief on March 10, 1995. This court heard oral arguments on May 25, 1995, and, after considering both the briefs and the arguments advanced by the parties, affirms the (<HOLDING>), affd, 949 F.2d 401 (10th Cir.). Also, Options: A. holding that such a decision was within the trial courts discretion B. holding that a bankruptcy court is given wide discretion to convert a chapter 11 case to chapter 7 for cause and an order for conversion is reviewed for an abuse of discretion C. holding that a debtors right to convert his or her chapter 7 case is not absolute D. holding that a bankruptcy courts decision to convert or dismiss a chapter 11 case is a matter within its discretion E. holding denial of motion to convert from chapter 11 to chapter 7 is interlocutory

assistant: The best answer is D. holding that a bankruptcy courts decision to convert or dismiss a chapter 11 case is a matter within its discretion
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: If any traditional investigative techniques were not tried, “the government must explain why with particularity.” Ramirez-Encamacion, 291 F.3d at 1222. We must consider “all the facts and circumstances in order to determine whether the government’s showing of necessity is sufficient to justify a wiretap,” id. (internal quotation omitted), keeping in mind the purpose of the necessity requirement “to insure that wiretapping is not used in situations where traditional investigative techniques would suffice to expose the crime.” United States v. Castillo-Garcia, 117 F.3d 1179, 1187 (10th Cir.1997) (internal quotation omitted), overruled on other grounds by Ramirez-Encamacion, 291 F.3d at 1222 n. 1; see United States v. Giordano, 416 U.S. 505, 515, 94 S.Ct. 1820, 40 L.Ed.2d 341 (1974) (<HOLDING>). Here, Wilson argues that the wiretaps were Options: A. recognizing congresss clear intent in imposing the necessity requirement was to make doubly sure that the statutory authority for employing wire taps be used with restraint and only where the circumstances warrant B. holding that where congressional intent is clear a court must give effect to such intent C. recognizing that legislative history is not used to create ambiguity where statutory language is clear D. holding specific intent to harm may be inferred from the circumstances and that finding is a matter for the jury E. holding that where the statutory scheme is clear the inquiry should end

assistant: The best answer is A. recognizing congresss clear intent in imposing the necessity requirement was to make doubly sure that the statutory authority for employing wire taps be used with restraint and only where the circumstances warrant
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 859 (1997); both of which I will discuss later in this opinion. The collateral source rule is a rule that is firmly rooted in the law of Connecticut. It “provides that a defendant is not entitled to be relieved from paying any part of the compensation due for injuries proximately resulting from his act where payment [for such injuries or damages] comes from a collateral source, wholly independent of him. . . . The basis of our well-established collateral source rule is that a wrongdoer shall not benefit from a windfall from an outside source. That rule is applicable ... in any tort case.” (Citations omitted; internal quotation marks omitted.) Gurliacci v. Mayer, 218 Conn. 531, 556-57, 590 A.2d 914 (1991); see also Gorham v. Farmington Motor Inn, Inc., 159 Conn. 576, 5 9 Conn. 579-80 (<HOLDING>); Roth v. Chatlos, 97 Conn. 282, 287-88, 116 A. Options: A. holding that a jury cannot award damages for medical expenses and lost wages without also awarding damages for pain and suffering where the plaintiff was injured due to the defendants negligence B. holding that plaintiff could recover medical fees not actually paid by the insurance company pursuant to an insurance contract C. holding that medical expenses and wages paid pursuant to employment contract were collateral sources and that defendant could not reduce personal injury damages because of such benefits D. holding that unemployment compensation benefits received by plaintiff are collateral source and that defendant could not reduce personal injury damages because of such benefits E. holding that an award for medical expenses is proper when the expenses have been incurred but not paid

assistant: The best answer is C. holding that medical expenses and wages paid pursuant to employment contract were collateral sources and that defendant could not reduce personal injury damages because of such 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: “[t]o the extent that the parties are asking the court to, in advance of trial, advise them as to what it considers to be the controlling law in the state of Iowa, the court will enter this advisory ruling.” The district court determined Iowa Code section 657.1(2) authorizes Access Energy to assert a comparative fault defense only against Dalar-na’s claim for future damages, if any, awarded in lieu of injunctive relief. We granted Access Energy’s application for interlocutory appeal. II. Standard of Review. Whether Access Energy’s motion is characterized as a motion for summary judgment or, under the former rule, as a motion for adjudication of law points, our review is for correction of errors at law. Iowa R.App. P. 6.907; see also Weber v. Warnke, 658 N.W.2d 90, 92 (Iowa 2003) (<HOLDING>); Fin. Mktg. Servs., Inc. v. Hawkeye Bank & Options: A. holding that the law in this circuit is that errors of law are cognizable under rule 60b B. holding that the misapplication of case law may not be reviewed C. holding that it is an abuse of discretion to make errors of law or clear errors of factual determination D. holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion E. recognizing motions for adjudication of law points were reviewed for errors at law

assistant: The best answer is E. recognizing motions for adjudication of law points were reviewed for errors at law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The proceeds of the Loans will be used only to (a) pay the fees, expenses and other transaction costs of the transactions contemplated hereby; and (b) fund working capital needs of, and for general corporate, partnership and limited liability company purposes of, the Borrower and its Subsidiaries (including payment of the purchase price and related expenses of acquisitions). No part of the proceeds of any Loan will be used, whether directly or indirectly, for any purpose that entails a violation of any of the regulations of the Board, including Regulations T, U and X. The Borrower will not, directly, or to the Borrower’s knowledge, indirectly, use the proceeds of any Loan, or lend, contribute or otherwise make available such proceeds to any Subsidiary, joint venture partner or other Person (i) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws, (ii) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country, or (iii) in any manner that would result in a violation of any Sanctions applicable to any party hereto.

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 legal provision and list the applicable contract clause categories. Provision: The representations and warranties made by the Corporation in Section 4 hereof shall be true and correct when made, and shall be true and correct at the time of the Initial Closing with the same force and effect as if they had been made at and as of the time of the Initial Closing.

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: The execution and delivery by Purchaser of this Agreement do not, and the execution and delivery by Purchaser of the Transaction Documents to which it is a party, the performance by Purchaser of its obligations under this Agreement and such Transaction Documents and the consummation of the transactions contemplated hereby and thereby will not: (a) conflict with or result in a violation or breach of any of the terms, conditions or provisions of the certificate of incorporation or by-laws of Purchaser; (b) conflict with or result in a violation or breach of any term or provision of any Law or Order applicable to Purchaser or any of its Assets and Properties; or (c) (i) conflict with or result in a violation or breach of, (ii) constitute (with or without notice or lapse of time or both) a default under, (iii) require Purchaser to obtain any consent, approval or action of, make any filing with or give any notice to any Person as a result or under the terms of, or (iv) result in the creation or imposition of any Lien upon Purchaser or any of its Assets or Properties under, any Contract or License to which Purchaser is a party or by which any of its Assets and Properties is bound.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Borrower nor any other Credit Party may assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of the Administrative Agent and each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of paragraph (b) of this Section, (ii) by way of participation in accordance with the provisions of paragraph (d) of this Section or (iii) by way of pledge or assignment of a security interest subject to the restrictions of paragraph (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in paragraph (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

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 legal provision and list the applicable contract clause categories. Provision: At all times from the Effective Date through that date which is three (3) years after the termination or expiration of this Agreement, each of Customer and Manufacturer will maintain product liability insurance (or self-insurance), which is reasonable and customary in the USA pharmaceutical industry for companies of comparable size, provided that in no event shall the product liability insurance amounts be less than $[****] per occurrence and $[****] in the aggregate limit of liability per year. Each Party shall provide written proof of such insurance to the other Party upon request by such other Party.

assistant: Insurances
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: Executive's medical and dental insurance benefits shall cease on July 31, 20 1 6, subject to Executive's right to continue his health insurance under COBRA. Executive's participation in all benefits and incidents of emp l oyment, including, but not limited to, vesting in stock options or other equity awards, except as noted herein, and the accrual of bonuses, vacation , and paid time off, ceased as of the Termination Date .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement (consisting of the Agreement Terms and Conditions and the applicable Agreement Addendum) constitutes the entire agreement of the Parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the Parties pertaining to the subject matter hereof. There are no warranties, representations, or other agreements among the Parties relating to the subject matter hereof except as specifically set forth in this Agreement, including the exhibits hereto, and no Party shall be bound by or liable for any alleged representation, promise, inducement, or statements of intention not so set forth.

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: This Agreement shall not be assignable, in whole or in part, by Employee without the written consent of Company and any purported or attempted assignment or transfer of this Agreement or any of Employee’s duties, responsibilities or obligations hereunder shall be void. This Agreement is binding upon Employee, Employee’s heirs and personal representatives. This Agreement shall inure to the benefit of and be binding upon Company and its successors and assigns. Notwithstanding the foregoing, Company may, without the consent of Employee, assign its rights and obligations under this Agreement to any business entity that has become the successor to Company in the event of a sale, merger, liquidation or similar transaction. After any such assignment by Company, Company shall be discharged from all further liability hereunder and such successor assignee shall thereafter be deemed to be Company for the purposes of all provisions of this Agreement.

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: Garay v. BRK Electronics, 755 F.Supp. 1010 (M.D.Fla.1991). This question, in turn, depends on whether Dole is subject to jurisdiction in California, whether venue is appropriate in the Central District, and whether Dole is amenable to service of process in California. See Jewelmasters, Inc. v. May Dept. Stores Co., 840 F.Supp. 893, 894 (S.D.Fla.1993) (finding that action could have been brought in Central District of California where venue, process, and personal jurisdiction existed in that district). The United States Supreme Court has held that it is not enough to satisfy the “might have been brought requirement” that the defendant waives or consents to jurisdiction in the proposed transferee court. See Hoffman v. Blaski, 363 U.S. 335, 344, 80 S.Ct. 1084, 1090, 4 L.Ed.2d 1254 (1960) (<HOLDING>). Instead, the plaintiff must have had the Options: A. holding that the customs court lacked jurisdiction when plaintiff failed to comply with all terms of consent by the united states mandated by 28 usc 1582 1976 the predecessor to 28 usc 1581a 2000 B. holding district lacking personal jurisdiction over defendant not one in which suit might have been brought under section 1404a C. holding that under 28 usc 1404a might have been brought requirement was not satisfied by defendants consent to jurisdiction D. holding that where jurisdiction was based on 28 usc 2201 venue was determined as per 28 usc 1391 E. holding that under the fsia personal jurisdiction depends upon the district court finding subject matter jurisdiction under 28 usc 1330a and proper service under 28 usc 1608

assistant: The best answer is C. holding that under 28 usc 1404a might have been brought requirement was not satisfied by defendants consent to jurisdiction
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: unconstitutional if applied to facilities that provide only medication abortion services as one of the primary reasons for construing the statute not to apply to such facilities. In both the federal and state court actions, Planned Parenthood alleged the same facts concerning the same parties, and it argued that the statute did not apply to facilities that provide only medication abortion services based, at least in part, on constitutional arguments. The facts, issues, object, parties, and purpose of both cases are the same. “One of the purposes of the Declaratory Judgment Act is to reduce litigation,” and “[a]llowing two suits with the same purpose would run contrary to the purpose of the Act.” People ex rel. Small v. Harrah’s N. Kansas City Corp., 24 S.W.3d 60, 66 (Mo.App. W.D.2000) (<HOLDING>). As noted supra, under Pullman, England v. Options: A. holding that state court judgment settling shareholders state and federal claims had preclusive effect in federal court even though shareholders could not have pressed their federal claims in state court B. holding that federal district court had subject matter jurisdiction to hear case notwithstanding rookerfeldman doctrine where plaintiff filed federal suit while certiorari petition to new mexico supreme court was pending in similar state court action C. recognizing that pleadings filed in federal court while the federal court has jurisdiction become part of the state court record on remand D. holding that plaintiff who filed suit in federal court could not later file a declaratory judgment petition in state court making allegations substantially similar to those made in federal court and seeking resolution of primarily the same issues E. holding that a federal court litigant who is forced into state court under pullman may reserve a right to return to federal court in that the plaintiff can preserve the right to the federal forum for federal claims by informing the state court of his or her intention to return following litigation of the state claims in the state court

assistant: The best answer is D. holding that plaintiff who filed suit in federal court could not later file a declaratory judgment petition in state court making allegations substantially similar to those made in federal court and seeking resolution of primarily the same issues
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 Loan Party and its Restricted Subsidiaries (a) has filed or caused to be filed all federal, state, provincial and other Tax returns that are required to be filed and (b) has paid all Taxes shown to be due and payable on said returns and all other Taxes imposed on it or any of its property by any Governmental Authority (other than the amount or validity of which are currently being contested in good faith by appropriate proceedings and with respect to which any reserves required in conformity with GAAP have been provided on the books of such Loan Party or such Restricted Subsidiary, as the case may be), except in each case under clauses (a) and (b) where the failure to do so could not reasonably be expected to have a Material Adverse Effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The General Partner is a corporation duly organized and existing under the laws of the State of Maryland, with its principal place of business in the State of Illinois, is duly qualified as a foreign corporation and properly licensed (if required) and in good standing in each jurisdiction where the failure to qualify or be licensed (if required) would constitute a Material Adverse Financial Change with respect to the General Partner or have a Material Adverse Effect on the business or properties of the General Partner.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: paradigm” and finding that Section 2113(a) bank robbery “by force and violence, or by intimidation” qualifies as a crime of violence under Section 924(c)(3(A)). Wade has therefore failed to demonstrate a “realistic probability” that the accidental use of force would meet the elements of Hobbs Act robbery. See Gonzales, 549 U.S. at 193, 127 S.Ct. 815. Wade’s argument is particularly unpersuasive given that the Ninth Circuit has already determined that the federal bank robbery statute to which Wade refers, 18 U.S.C. § 2113(a) qualifies as a crime of violence under U.S.S.G. § 4B1.2(1), which uses a definition of “crime of violence” that is nearly identical to the “crime of violence” definition provided in Section 924(c)(3)(A). See United States v. Selfa, 918 F.2d 749, 751 (9th Cir. 1990) (<HOLDING>). IV. CONCLUSION Wade’s claim is procedurally Options: A. holding that kidnapping is a crime of violence which necessarily involves the threatened use of physical force under 18 usc 924 B. holding that robbery is a crime of violence for purposes of habitualoffender sentencing C. holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence D. holding that a bank robbery conviction under 2113a by force and violence or by intimidation qualifies as a crime of violence under the 924c3a useofforce clause E. holding that sexual assault of a child qualified as crime of violence under 18 usc 16

assistant: The best answer is C. holding that bank robbery by force and violence or intimidation under 18 usc 2113a is a crime of violence
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: characterized Title III as “preempting] the field in wiretap,” and has held that state courts must adhere closely to the limitations on the use of intercepted communications articulated in Title III. Pulawski v. Blais, 506 A.2d 76, 77 (R.1.1986). Other state courts have -taken a more flexible approach. Most prominently, the Supreme Judicial Court of Massachusetts has held that a state wiretapping statute is not preempted by Title III so long as it is “substantially similar in design and effect to the Federal enactment.” Commonwealth v. Vitello, 367 Mass. 224, 327 N.E.2d 819, 835 (1975). Arizona courts have relied on Vitello in determining whether state wiretap provisions are “sufficiently compatible” with Title III. See State v. Politte, 136 Ariz. 117, 664 P.2d 661, 669 (Ct. App. 1982) (<HOLDING>). In United States v. Smith, 726 F.2d 852 (1st Options: A. holding provisions in ariz rev stat 133010 were not preempted because they were sufficiently compatible with the federal statute or the statute as a whole would ensure sufficient compliance with the federal standards and further holding any divergent provisions were ministerial or reporting requirements which would not lead to preemption even if different than the federal law B. holding the state law claims were not preempted C. holding that neither mere participation in a federal program nor provision requiring compliance with federal law is sufficient to establish that the state consented to be sued in federal court D. holding that the aafes was an agency under the apa where by statute its contracts were considered contracts with the federal government and any judgments against it were paid out of the federal treasury E. holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable

assistant: The best answer is A. holding provisions in ariz rev stat 133010 were not preempted because they were sufficiently compatible with the federal statute or the statute as a whole would ensure sufficient compliance with the federal standards and further holding any divergent provisions were ministerial or reporting requirements which would not lead to preemption even if different than the federal law
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH PARTY HERETO HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY HERETO (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF ANY OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTIES HERETO HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 4.09.

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: Notwithstanding any other provision of this Plan, in the event of a Change in Control, the Administrator, in its sole discretion, may take whatever action it deems necessary or appropriate in connection therewith, including, but not limited to ( i ) shortening any Offering Period then in progress and refunding any amounts accumulated in a Participant’s account for such Offering Period, ( ii ) cancelling all outstanding Share Purchase Rights as of the Change in Control date and paying each holder thereof an amount equal to the difference between the per Share Fair Market Value as of the Change in Control date and the Purchase Price determined in accordance with Section 6.3, or ( iii ) for each outstanding Share Purchase Right, granting a substitute right to purchase shares (in a manner consistent with Code Section 409A to the extent applicable). Nothing in this Section 3.2(b) shall affect in any way the Board or Committee’s right to terminate the Plan at any time pursuant to Section 10.7 or 10.8.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Company nor any of its Affiliates or Representatives is making any representation or warranty on behalf of the Company of any kind or nature whatsoever, oral or written, express or implied (including, but not limited to, any relating to financial condition, results of operations, assets or liabilities of the Company), except as expressly set forth in this Article IV, and the Company hereby disclaims any such other representations or warranties.

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 Plan initially became effective with respect to annual retainer fees and attendance fees payable to directors for services on and after January 1, 1985. The Plan as hereby amended and restated on November 11, 2016, shall be effective with respect to annual retainer fees and fees for other services payable to directors for services on and after January 1, 2017.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to the terms set forth herein, the Company agrees to employ Employee, initially, in the position of Chief Commercial Officer and Employee hereby accepts such employment. During the term of Employee’s employment with the Company, Employee will be required to faithfully serve the Company and devote his full time and attention to the business and affairs of the Company and the performance of Employee’s duties and responsibilities.

assistant: Positions