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: We also agree with the BAP that the notice of removal was frivolous. The debt- or represented in its bankruptcy schedules that it had no assets, the state court proceedings were stayed against the debtor, and the trustee of the debtor’s estate gave no indication that the state court action might otherwise affect the estate. Scott never articulated a plausible argument why the bankruptcy court could have had jurisdiction over the state proceedings in spite of those circumstances. It was therefore not an abuse of discretion for the bankruptcy court to find Scott’s notice of removal frivolous and filed in bad faith to delay the state court proceedings, thereby warranting the imposition of sanctions. See Lahiri v. Universal Music & Video Distrib., 606 F.3d 1216, 1221-22 (9th Cir.2010) (<HOLDING>); In re Silberkraus, 336 F.3d 864, 871 (9th Options: A. recognizing courts inherent power to impose sanctions including attorneys fees for conduct that abuses the judicial process B. holding that an attorneys misrepresentations and manipulative tactics unnecessarily protracting the proceedings warranted the imposition of sanctions under the courts inherent power C. recognizing inherent power of courts of appeals D. recognizing the federal courts ability to impose inherent power sanctions on parties E. holding that where party had reasonable grounds to believe conduct was in compliance with the district courts order imposition of sanctions was not warranted and constituted an abuse of discretion

assistant: The best answer is B. holding that an attorneys misrepresentations and manipulative tactics unnecessarily protracting the proceedings warranted the imposition of sanctions under the courts inherent power
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: 666 was intended to merely encompass conduct that touched only those funds creating the basis for jurisdiction. The case law does not tell us otherwise. While we have failed to uncover direct authority on this issue, we think the void is due to the fact that in the usual circumstance, the funds serving as the jurisdictional basis are generally the same as the funds to which a connection with the offense conduct is sought. Courts have no occasion to differentiate between the funds providing jurisdiction and the funds to which the conduct is connected. See, e.g., Zwick, 199 F.3d at 684 (finding no connection between bribes for access permits and funds for snow removal and steam bank erosion without specifying which funds provided the jurisdictional basis); Santopietro, 166 F.3d at 93 (<HOLDING>); United States v. McCormack, 31 F.Supp.2d 176 Options: A. holding that participation in federal programs and receipt of federal funds under such programs fall far short of manifesting a clear intent to waive immunity B. holding that ncaa was not an indirect recipient of federal funds even though it received dues from schools that received federal funds C. holding the requisite connection was met with proof that the city received federal funds for housing and urban development programs and the corrupt payments at issue concerned real estate transactions also without specifying which federal grant provided the jurisdictional basis D. holding that a college received federal funds where the funds were granted to its students as financial aid rather than directly to the college because the language of the section does not distinguish between direct and indirect receipt of federal funds E. holding that 666 does not require any connection between the misconduct and federal funds

assistant: The best answer is C. holding the requisite connection was met with proof that the city received federal funds for housing and urban development programs and the corrupt payments at issue concerned real estate transactions also without specifying which federal grant provided the jurisdictional basis
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 the terms and subject to the conditions set forth in this Agreement, at the Closing, Seller shall sell, assign, transfer and convey to Buyer, and Buyer shall purchase and acquire from Seller, all of the Holdco Equity free and clear of all Liens (other than Liens created by or on behalf of Buyer and applicable federal and state securities law restrictions) for an aggregate purchase price equal to: (a) the Enterprise Value less (b) the amount of Debt, less (c) the amount of any Company Transaction Expenses, less (d) the amount of the Reopener Adjustment, as applicable, less (e) the AR Adjustment Amount, all as determined in Section 1.04 (the “ Purchase Price ”).

assistant: Sales
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 communications and notices hereunder shall be in writing and given as provided in Section 18 of the Note Purchase Agreement. All communications and notices hereunder to a Guarantor shall be given to it in care of the Company at the address set forth in Section 18 of the Note Purchase Agreement.

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: under either standard. We first note that revocation of Marston’s supervised release was mandated by § 3583(g) because Marston violated an express condition of supervised release by being convicted of a drug possession crime punishable by more than one year. See § 3588(g). Section 3583(g) does not invoke the sentencing factors of § 3553(a) or the limits imposed by the first clause of § 3583(e). See § 3583(g); United States v. Giddings, 37 F.3d 1091, 1095 (5th Cir.1994) (noting that a court need not consider § 3553(a) when revocation is mandated by § 3583(g)). Marston fails to show that it is “clear or obvious” or “obvious under existing law” that a sentence imposed when revocation is mandatory must be limited by § 3583(e). Cf. United States v. Larison, 432 F.3d 921, 923 (8th Cir.2006) (<HOLDING>). In addition, Marston asserts that the Options: A. holding that the district courts sentencing decision was not constrained by the factors specifically enunciated in 18 usc 3583e where revocation was mandated by 3583g B. holding that when revocation is mandatory under 18 usc 3583g the statute does not require consideration of 3553a factors C. holding that a district courts failure to consider the 18 usc 3553a factors was plain error relying on gall D. holding that a sentencing court is required by 18 usc 3583g to revoke the defendants term of supervised release unless defendant could come under the exception in 18 usc 3583d E. holding that only factors specifically prohibited by the sentencing guidelines cannot form the basis for a downward departure

assistant: The best answer is A. holding that the district courts sentencing decision was not constrained by the factors specifically enunciated in 18 usc 3583e where revocation was mandated by 3583g
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 Assumption Agreement may be executed by one or more of the parties to this Assumption Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Delivery of an executed signature page of this Assumption Agreement by facsimile (or other electronic) transmission shall be effective as delivery of a manually executed counterpart hereof.

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: address seria-tim. The initial motion to dismiss, filed only by defendant Pereira on October 11, 2005 (docket entry 7), seeks dismissal of the complaint on diverse grounds. Pereira first avers that the complaint is time barred under Puerto Rico’s one-year statute of limitations. That claim is patently spurious, since the previous action filed by plaintiff in federal court on September 16, 2003, Civil No. 03-2001(JP), was not the object of a disciplinary dismissal, as defendant represents, but rather voluntarily dismissed by plaintiff through a motion filed on March 31, 2004. Plaintiff, thus, had one year since the filing of the motion for voluntary dismissal to re-file his action, which he timely did on March 31, 2005. See Garcia Aponte v. E.L.A., 135 D.P.R. 37, 1994 WL 909243 (1994) (<HOLDING>). Pereira next argues that all claims for Options: A. holding that the period of limitations starts to run anew on the date the notice of dismissal is filed in the court B. holding that the statute of limitations begins to run on the date the alleged malpractice is discovered C. holding the sixyear limitations period begins to run upon date that payment is made D. recognizing that revival causes the statute of limitations clock to run anew E. holding that the limitations period for 1983 actions arising in ohio is the twoyear period found in ohio rev code 230510 and that the limitations period starts to run when the plaintiff knows or has reason to know of the injury which is the basis of his action

assistant: The best answer is A. holding that the period of limitations starts to run anew on the date the notice of dismissal is filed in the court
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: which entitle the recovery of attorney’s fees, can result in the recovery of zero attorney’s fees.” Green Intern., Inc. v. Solis, 951 S.W.2d 384, 389 (Tex.1997). Although Britannia asserts this is a holding, because the Solis court found that the objection based on failure to segregate was waived, this statement is not part of the holding. See id. It is a nonbinding obiter dictum. See Edwards v. Kaye, 9 S.W.3d 310, 314 (Tex.App.-Houston [14th Dist.] 1999, pet. denied) (distinguishing between a nonbinding obiter dictum and a judicial dictum). Furthermore, while at some point in the litigation, a repeated refusal to segregate fees might result in an award of zero, this statement from Solis appears in part to contradict a separate holding from Sterling. See Sterling, 822 S.W.2d at 11-12 (<HOLDING>). We conclude that this obiter dictum from Options: A. holding that if summary judgment is reversed and remanded parties are not limited to theories asserted in original summary judgment at later trial on merits B. holding that consideration of a moot case was not required when there was no award of attorneys fees that would be affected by appellate review and the issue has not been preserved for appeal C. holding that if appellate court determines segregation was required but not done proper remedy is not that party recover no fees but that judgment be reversed and the case remanded for more evidence D. holding that rendition is remedy for no evidence E. holding that summary judgment may be reversed when it is based on an error of law

assistant: The best answer is C. holding that if appellate court determines segregation was required but not done proper remedy is not that party recover no fees but that judgment be reversed and the case remanded for more evidence
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and whether the Tribe’s immunity, if intact, protects the Health Board and the Health Board’s Chairperson. If the tribal immunity defense is not dispositive as to all Defendants, the district court also should address on its merits Defendants’ separate defense that the FMLA is not applicable to the dispute at hand. REVERSED and REMANDED. 1 . The district court decided Defendants’ motion to dismiss with respect to the waiver-by-removal issue based solely on the pleadings, and we therefore "take as true the allegations of the com ancheria Band of Pomo Indians of Cal., No. C-01-4125 VRW, 2002 WL 34727095, at *6-7 (N.D. Cal. Dec. 26, 2002) (same), with State Eng’r of the State of Nev. v. S. Fork Band of Te-Moak Tribe of W. Shoshone Indians of Nev., 66 F.Supp.2d 1163, 1173 (D. Nev. 1999) (<HOLDING>), vacated on reconsideration on other grounds, Options: A. holding that tribes voluntary participation in administrative proceedings is not the express and unequivocal waiver of tribal immunity that we require in this circuit B. holding that the tribal defendants removal of the case amounted to a clear and unequivocal waiver of immunity in federal court C. holding that removal to federal court does not waive tribal sovereign immunity D. holding that wjaiver of the right to remove must be clear and unequivocal and that standard was not met by an agreement in which defendants consented to filing of suit in state court but which did not address removal E. holding that the waiver of sovereign immunity must be clear and unequivocal

assistant: The best answer is B. holding that the tribal defendants removal of the case amounted to a clear and unequivocal waiver of immunity in federal court
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments to be made hereunder by the Guarantor shall be made in Dollars, in immediately available funds, and without deduction (whether for taxes or otherwise) or offset and shall be applied to the Obligations in accordance with the terms of the Streaming Documents.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Schedule 3.08 sets forth as of the Closing Date a list of all Subsidiaries (with an annotation to identify the Immaterial Subsidiaries) and the percentage ownership interest of Holdings or the Borrowers therein. The shares of capital stock or other ownership interests so indicated on Schedule 3.08 are fully paid and non-assessable and are owned by Holdings or the Borrowers, directly or indirectly, free and clear of all Liens (other than Liens created under the Security Documents and after the Closing Date, Liens permitted under Section 6.02 ).

assistant: Subsidiaries
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: 371 U.S. 28 83 S.Ct. 9 9 L.Ed.2d 9 Edward WALTONv.STATE OF ARKANSAS. No. 18, Misc. Decided Oct. 22, 1962. John C. Finley, for petitioner. Frank Holt, Atty. Gen., of Arkansas, and Thorp Thomas and Jack L. Lessenberry, Asst. Attys. Gen., for respondent. PER CURIAM. 1 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. 2 In this capital case the Supreme Court of Arkansas sustained petitioner's conviction against the claim, among others, that in violation of the Fourteenth Amendment to the Constitution of the United States his involuntary confession of the crime was introduced in evidence at the trial. Walton v. State, Ark., 350 S.W.2d 302. Petitioner contends that independently of this claim his conviction was unconstitutional because he was not represented by counsel at the time of his arraignment in the course of which he acknowledged the voluntariness of his confession, such acknowledgment being later used in evidence against him at the trial. 3 When the Arkansas Supreme Court decided this case it did not have the benefit of this Court's decision in Hamilton v. Alabama, 368 U.S. 52, 82 S.Ct. 157, 7 L.Ed.2d 114, which was rendered subsequent to the state court's decision and on the same day that it denied rehearing upon a petition filed prior to the announcement of the Hamilton case. Further, we are unable to conclude from the record filed in this Court either that petitioner had counsel at the time of the arraignment proceedings or, if not, that he was advised of his right to have counsel at such proceedings and that he understandingly and intelligently waived that right. 4 In these circumstances we conclude that the judgment of the Supreme Court of Arkansas should be vacated and the case remanded to that court for further consideration in light of Hamilton v. Alabama, supra, or for such other appropriate proceedings as may be available under state law for resolution of this constitutional claim. It is so ordered. 5 Judgment vacated and case remanded.

assistant: 1
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 upon request, Borrower and each Borrowing Base Guarantor shall deliver such instruments, assignments, title certificates, or other documents or agreements, and shall take such actions, as Agent reasonably deems appropriate under Applicable Law to evidence or perfect its Lien on any Collateral, or otherwise to give effect to the intent of this Agreement. Borrower and each Borrowing Base Guarantor authorize Agent to file any financing statement that indicates the Collateral and ratifies any action taken by Agent before the Closing Date (or with respect to any such Borrowing Base Guarantor, before its joinder thereof to this Agreement) to effect or perfect its Lien on any Collateral.

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: Except as otherwise expressly provided in this Agreement, whether or not the transactions contemplated by this Agreement are consummated, all costs and expenses incurred in connection with this Agreement and the transactions contemplated hereby shall be borne by the Party incurring such expenses.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: hostility is evinced by her own allegations that Gagnon treated her differently than her white co-workers. However, she has offered no specific proof of exactly who was treated differently and how. Indeed, the undisputed facts indicate that another Chinese FSR, Nancy Shaw, benefited from the alleged mistreatment of Wang. As Judge Motz of this Court recognized, “vague claims of differing treatment” by the plaintiff are insufficient to demonstrate disparate treatment. See Jackson, 171 F.Supp.2d at 541 (citing Causey, 162 F.3d at 801 (recognizing that the plaintiffs con-clusory statements of differential treatment of similarly situated employees, without specific evidentiary support, cannot support an actionable claim for harassment); Carter v. Ball, 33 F.3d 450, 461-62 (4th Cir.1994) (<HOLDING>)). Wang has failed to show Gagnon’s actions Options: A. holding that general allegation that a supervisor reprimanded africanamerican plaintiff publicly but spoke with his white coworkers in private does not establish an actionable claim of harassment without substantiation by accounts of specific dates times or circumstances B. holding that a white male is not in a protected class for purposes of his discrimination claim because a white male is not a member of an historically favored group C. holding that the plaintiff must establish that a supervisors harassment was within the scope of his employment and that the employer failed to respond adequately and effectively when it learned of the harassment D. holding that where the employer fired the plaintiff upon a good faith belief that he sexually harassed coworkers the plaintiff could not prove pretext by challenging the harassment allegations E. holding that supervisors questions made two and three times a week about plaintiffs sexual activities constituted actionable sexual harassment

assistant: The best answer is A. holding that general allegation that a supervisor reprimanded africanamerican plaintiff publicly but spoke with his white coworkers in private does not establish an actionable claim of harassment without substantiation by accounts of specific dates times or circumstances
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 15.12(e) , the representations and warranties of Seller in Article VII (other than the Buyer Fundamental Representations) and the corresponding indemnity obligations of Buyer under Section 14.3(b)(3) with respect to all such representations and warranties, shall expire and terminate at 5:00 P.M., Mountain time, on the date that is 12 months after the Closing Date. The Buyer Fundamental Representations and the corresponding indemnity obligations of Buyer under Section 14.3(b)(3) with respect to all such representations and warranties, shall not expire and shall survive Closing and remain in full force and effect indefinitely.

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 case excerpt and choose the best holding from the options. Case excerpt: basic underlying relationship. Like a switch from a dealership to a “tight agency” or a restructuring that leaves only the premium business in the dealer’s hands, a termination is surely a “change” in the parties’ relationship. Section 135.03 itself does not distinguish, for purposes of the good cause requirement, among actions that “terminate, cancel, fail to renew or substantially change” the dealership agreement. Thus, if Rexnord was entitled to argue that its own economic circumstances constituted good cause for its attempted change and its ultimate termination of Ziegler’s dealership, we see no logical reason why Zenith cannot attempt to do the same with respect to Morley-Murphy’s dealership. Cf. East Bay Running Store, Inc. v. NIKE, Inc., 890 F.2d 996, 1000 n. 6 (7th Cir.1989) (<HOLDING>). The Wisconsin Supreme Court was careful to Options: A. holding unconstitutional ordinance that gave executive director excessive discretion in deciding whether the grant of a permit would be detrimental to the public B. holding where plan language can be interpreted both to grant discretion and not to grant discretion plan does not unambiguously grant discretion C. recognizing but not deciding that contrary to what remus held ziegler seemed to contemplate a grant orbased inquiry D. holding a sentencing court is not required to grant probation E. recognizing but not deciding argument that failure to verify complaint under supplemental rules may deprive the court of jurisdiction

assistant: The best answer is C. recognizing but not deciding that contrary to what remus held ziegler seemed to contemplate a grant orbased inquiry
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 was sufficient to support the jury’s determination that the illegal proceeds of wire fraud were thereafter used to promote the carrying on of the illegal scheme as alleged in the money laundering counts of the indictment. The proceeds generated from the underlying wire fraud were, in large part, the income stream that allowed Consortium to continue to maintain the appearance of legitimacy for a number of years. Indeed, the evidence showed that virtually all of the $3.2 million in fees was reinvested into Consortium’s business and expended to maintain the operation. Id. at 928. The Sentencing Guideline 3B1.1, we agree with Ross that using conduct from one group of counts to adjust the offense level of another group of counts without thereafter grouping all the cou 8th Cir.1998) (<HOLDING>); United States v. Hildebrand, 152 F.3d 756, Options: A. holding that 28 usc 2461c authorizes criminal forfeiture of proceeds from general mail fraud via 18 usc 981a1c B. holding that a count of 18 usc 1957 money laundering should not be grouped with mail fraud counts under either 3d12b or d C. holding that restitution under the victim and witness protection act need not be limited to the specific amount alleged in the count of mail fraud to which defendant pled D. holding that the defendant could be prosecuted for making false claims against the government under either the false claims statute 18 usc 287 or the mail and wire fraud statutes 18 usc 1341 1343 E. holding that a count of 18 usc 1956 reinvestment money laundering should not be grouped with wire fraud counts under 3d12b

assistant: The best answer is B. holding that a count of 18 usc 1957 money laundering should not be grouped with mail fraud counts under either 3d12b or d
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 Purchaser covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales, of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to Section 4.4. Each Purchaser covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company pursuant to Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Disclosure Schedules.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: fully supports these findings and the District Court’s dismissal of the appeal for lack of standing. Accordingly, we will affirm the judgment of the District Court. *. This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 . The Conaways sued Linda Hawkins and other parties in the Court of Chancery of Delaware and claimed that they were the rightful owners of the property that was sold. In 2011, the state court ruled that the Cona-ways have no rights to the property. 2 . To the extent that Allen, who is not a lawyer, purports to appeal on behalf of the Cona-ways, rather than on her own behalf, she may not represent them in federal court. See Osei-Afriyie v. Medical College of Pa., 937 F.2d 876, 882-83 (3d Cir.1991) Options: A. holding unwed father entitled to hearing on his fitness as a parent before children could be taken from him after death of their mother B. recognizing the right of the parent to give his children education suitable to their station in life C. holding a parent is excused from maintaining contact with his or her children when the failure to maintain contact is caused by the involuntary confinement of the parent and the parent is precluded from contacting the children during such confinement D. holding parent corporation which controlled litigation on behalf of subsidiary bound by judgment E. holding parent who was not a lawyer could not litigate claims on behalf of his children in federal court

assistant: The best answer is E. holding parent who was not a lawyer could not litigate claims on behalf of his children in federal court
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 is solvent and able to pay such Obligor’s debts as such debts become due, and has capital sufficient to carry on such Obligor’s present business transactions. To the actual knowledge of Borrower, the value of each Obligor’s property, at a fair valuation, is greater than the sum of such Obligor’s debts. No Obligor is bankrupt or insolvent, nor has any Obligor made an assignment for the benefit of such Obligor’s creditors, nor has there been a trustee or receiver appointed for the benefit of such Obligor’s creditors, nor has there been any bankruptcy, reorganization or insolvency proceedings instituted by or against any Obligor, nor will any Obligor be rendered insolvent by such Obligor’s execution, delivery or performance of the Loan Documents or by the transactions contemplated thereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In consideration of the Lender making available the Construction Loans as set forth in this Agreement, the Borrower agrees to pay to the Lender a facility fee (the “ Fee ”) in an amount equal to one and one quarter percent (1.25%) of the amount of the Commitment. Such Fee shall be paid on the Closing Date (for the avoidance of doubt, regardless of whether the initial Construction Loan occurs on the Closing Date). Such Fee shall be fully earned and due and payable on the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive shall cooperate with the Company and its subsidiaries or affiliates in connection with any pending or future litigation, proceeding or other matter which may be filed against or by the Company or its subsidiaries or affiliates with any agency, court, or other tribunal and concerning or relating to any matter falling within Executive’s knowledge or former area of responsibility. Executive shall provide reasonable assistance and completely truthful testimony in such matters as needed. The Company shall pay Executive at the rate of $250 per hour for the services performed by Executive pursuant to this Section 8 at the request of the Company and will reimburse Executive for all reasonable associated out of pocket expenses incurred at the request of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Borrower will not enter into any transaction with any affiliate of Borrower, except in the ordinary course of and pursuant to the reasonable requirements of Borrower’s business and upon fair and reasonable terms no less favorable to Borrower than would be obtained in a comparable arm’s-length transaction with a Person or entity not an affiliate.

assistant: Transactions With Affiliates
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 the imposition of the 15-year minimum sentence was error because (1) his prior convictions were not for “sexual abuse” as defined by federal law, and (2) the convictions are too remote in time to be considered for sentencing purposes. Both of these are legal contentions subject to de novo review. See United States v. Hecht, 470 F.3d 177, 179 (4th Cir.2006). A. Mills first contends that the district court erred in considering his prior convictions as predicate convictions for purposes of applying § 2252A(b)(l). Relying on Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), Mills maintains that the district court was precluded from considering anything other than the statutory elements of the state offenses. See Shepard, 544 U.S. at 26,125 S.Ct. 1254 (<HOLDING>); see also Taylor v. United States, 495 U.S. Options: A. holding that courts applying taylor may only look to the terms of the charging document the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual ba sis for the plea was confirmed by the defen dant or to some comparable judicial record of this information B. holding that court could look only to the statutory definition of a crime the charging document written plea agreement transcript of plea colloquy and any explicit factual finding by the trial judge to which the defendant assented in determining if prior conviction qualified as a generic burglary for purposes of enhanced sentencing under armed career criminal act C. holding that in determining whether the defendant has a prior conviction for burglary under the armed career criminal act the federal court may look only to the terms of the charging document the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant or to some comparable judicial record of this information D. holding federal court is not bound by terms of plea agreement between defendant and state authorities E. holding that a courts inquiry as to disputed facts in connection with a prior conviction is limited to the terms of the charging document a plea agreement a transcript of the plea colloquy or a comparable judicial record

assistant: The best answer is C. holding that in determining whether the defendant has a prior conviction for burglary under the armed career criminal act the federal court may look only to the terms of the charging document the terms of a plea agreement or transcript of colloquy between judge and defendant in which the factual basis for the plea was confirmed by the defendant or to some comparable judicial record of this information
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: selling , trading , assigning , licensing , or otherwise conveying virtual property for real money or for funds credited to a nintendo account , where `` virtual property '' refers to any features of games or other content that can be traded with other users for free or for in-game virtual currency ;

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you are liable for any and all activities conducted through your airbnb account , unless such activities are not authorized by you and you are not otherwise negligent ( such as failing to report the unauthorized use or loss of your credentials ) .

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: the defendant’s argument that the trial court erred when it admitted into evidence State’s Exhibit 1, consisting of a photograph of the latent print and the defendant’s known print. We must, however, address the defendant’s argument that the evidence presented to the trial court was insufficient to reach a guilty verdict because, if the evidence were insufficient, the Double Jeopardy Clauses of the State and Federal Constitutions would preclude a remand for a new trial. State v. Sweeney, 151 N.H. 666, 672-73 (2005). Ill In determining whether there was sufficient evidence to reach a guilty verdict, we consider all the evidence, including evidence that we have concluded was erroneously admitted. State v. Horak, 159 N.H. 576, 582-83 (2010); Lockhart v. Nelson, 488 U.S. 33, 34 (1988) (<HOLDING>). To prevail on a challenge to the sufficiency Options: A. holding that the jeopardy clause bars retrial when the prosecution failed to supply sufficient evidence to merit conviction B. holding that retrial did not violate the double jeopardy clause where reversal based on trial error distinguishing reversal for insufficient evidence C. holding that the double jeopardy clause bars retrial when the commonwealth intentionally undertakes to prejudice the defendant to the point of the denial of a fair trial D. holding double jeopardy did not bar retrial where a jury could not render a verdict and a mistrial was granted E. holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial

assistant: The best answer is E. holding that where the evidence offered by the state and admitted by the trial court whether erroneously or not would have been sufficient to sustain a guilty verdict the double jeopardy clause does not preclude retrial
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 Executive shall receive a Base Salary at the annual rate of $250,000.00. The Base Salary shall be payable in substantially equal installments consistent with the Company’s normal payroll schedule, subject to applicable withholding and other taxes. Base Salary may be increased during the Employment Term but may not be decreased, and the Company shall consider, on an annual basis, the nature, extent and advisability, if any, of an increase in the Executive’s Base Salary.

assistant: Base Salary
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: is a participant or beneficiary within the meaning of section 1132. A first reading of the statutory language might suggest that dismissal of Lee was inappropriate. In Menhorn v. Firestone Tire & Rubber Co., 738 F.2d 1496, 1503 (9th Cir.1984), however, we concluded that a plain reading of the statutes is not sufficient. Menhom held that section 1144 limits the application of section 1132. Thus, even if a plaintiff is a “participant or beneficiary” of a plan, no federal subject matter jurisdiction exists unless the acts critical to the action occurred after January 1, 1975. We note that other circuits have criticized Menhom. See, e.g., Jameson v. Bethlehem Steel Corporation Pension Plan, 765 F.2d 49, 52 (3d Cir.1985); see also Reiherzer v. Shannon, 581 F.2d 1266, 1271-72 (7th Cir.1978) (<HOLDING>); but see Quinn v. Country Club Soda Co., 639 Options: A. holding that the damages and jury trial provisions of the 1991 act apply to conduct occurring prior to the date of enactment B. holding that the due process clause confers a right to direct a childs education C. holding that the date of death is relevant date of inquiry for the applicability of section 541a5a D. holding that section 1132 confers jurisdiction from date of enactment E. holding that claim brought under section 1983 of the civil rights act constituted a personal injury tort claim because section 1983 confers a general remedy for injuries to personal rights

assistant: The best answer is D. holding that section 1132 confers jurisdiction from date of enactment
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: Indemnification under this Section shall include, without limitation, reasonable fees and expenses of counsel and expenses of litigation (including such fees and expenses incurred in enforcing the Indemnifying Party’s right to indemnification). If the Indemnifying Party has made any indemnity payments pursuant to this Section and the recipient thereafter collects any of such amounts from others, the recipient shall promptly repay such amounts collected to the Indemnifying Party, without interest.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to eliminate not only the defendant’s name, but any reference to his or her existence.” We have interpreted Bruton as prohibiting the presentation of a redacted statement that “draws the jury’s attention to the fact that a name was omitted and invites the jury to fill in the blank.” United States v. Long, 900 F.2d 1270, 1280 (8th Cir.1990) (citing United States v. Garcia, 836 F.2d 385, 390-91 (8th Cir.1987)). We find constitutionally problematic cases “in which the redacted statement alerts the jury to the fact that a name available to the prosecution has been purposely omitted ... [T]his may improperly lead the jury to infer that the omitted name must be the defendant’s.” Garcia, 836 F.2d at 390; see also Gray v. Maryland, — U.S. -, -, 118 S.Ct. 1151, 1156, 140 L.Ed.2d 294 (1998) (<HOLDING>). Valdez never mentioned in his confession the Options: A. holding that the name under which a debt collector is licensed to do business is the debt collectors true name for purposes of the fdcpa B. holding that redactions that replace a proper name with an obvious blank the word delete a symbol or similarly notify the jury that a name has been deleted render the admission of a codefendants confession unconstitutional C. holding harmless the admission of a nontestifying codefendants confession in violation of the confrontation clause when there was extensive evidence of the defendants guilt including the defendants allegedly coerced confession and an eyewitness who testified that he was absolutely certain that the defendant committed the crime D. holding that an action brought in the name of a person adjudicated as incapacitated instead of in the name of her guardian cannot be corrected as a misnomer E. holding that counsels failure to move to suppress the defendants confession constituted ineffective assistance because it was obvious that the confession would have been suppressed

assistant: The best answer is B. holding that redactions that replace a proper name with an obvious blank the word delete a symbol or similarly notify the jury that a name has been deleted render the admission of a codefendants confession unconstitutional
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 use that superiority to his advantage over the other. United Fire & Casualty Co. v. Nissan Motor Corp., 164 Colo. 42, 433 P.2d 769 (1967). Here, Plaintiff apparently believes the defendants owed him a duty because “they knew [he] was suffering from traumatic brain injuries.” (Doc. No. 3, ¶ 91.) Plaintiff also alleges that Defendant BOA “was in a superior and/or inherently unequal informational, financial, negotiating and/or bargaining position.” (Id., ¶ 92.) However, the fact that Plaintiff had a brain injury does not place a higher duty upon the defendants to safeguard the plaintiffs interests. In order to be liable the superior party must assume a duty to act in the dependent party’s best interest. See Hill v. Bache Halsey Stuart Shields Inc., 790 F.2d 817 (10th Cir.1986) (<HOLDING>); First Nat’l Bank of Meeker v. Theos, 794 P.2d Options: A. recognizing the right of a creditor to sue a corporate director for breach of fiduciary duty B. holding that a plaintiff seeking individual relief under erisa 502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan C. holding that breach of fiduciary duty claim was preempted by fehba D. holding that the trustee did not breach its fiduciary duty when its actions were consistent with the trust instrument E. recognizing that fiduciary liability requires not onlya repose of trust but an assumption of a duty and breach of that duty

assistant: The best answer is E. recognizing that fiduciary liability requires not onlya repose of trust but an assumption of a duty and breach of that duty
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any Additional Commitments are added in accordance with this Section 2.15 , the Administrative Agent and the Company shall determine the effective date (the “ Additional Commitments Effective Date ”) and the final allocation of such addition. The Administrative Agent shall promptly notify the Company and the Additional Lenders of the final allocation of such addition and the Additional Commitments Effective Date.

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: This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed Agreement by one party to the other may be made by facsimile or electronic transmission.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the legal, valid and binding obligation of such Financial Institution enforceable against such Financial Institution in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization or other similar laws relating to or limiting creditors’ rights generally and by general principles of equity (regardless of whether such enforcement is sought in a proceeding in equity or at law).

assistant: Binding Effects