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: potentially counterfeit Tiffany listings more cheaply, quickly, and effectively than Tiffany, the burden to police the Tiffany trademark should have shifted to eBay. Certainly, the evidence adduced at trial failed to prove that eBay was a cheaper cost avoider than Tiffany with respect to policing its marks. But more importantly, even if it were true that eBay is best situated to staunch the tide of trademark infringement to which Tiffany and countless other rights owners are subjected, that is not the law. See 2 McCarthy § 11:91 (“[T]he corporate owners of trademarks have a duty to protect and preserve the corporation’s trademark assets though vigilant policing and appropriate acts of enforcement.”); MDT Corp., 858 F.Supp. at 1034; see also Inwood, 456 U.S. at 854 n. 13, 102 S.Ct. 2182 (<HOLDING>). Under these circumstances, the Court Options: A. holding that resentencing was required where the district court used an incorrect higher base level B. holding that the judge did not abuse his discretion but applied an incorrect standard C. holding that imposing liability where manufacturers could reasonably anticipate trademark violations is a watered down and incorrect standard D. holding that even if the standard for waiver is clear the standard was not met E. holding that the absence of privity does not constitute a policy reason for not imposing liability where negligence is a substantial factor in causing the harm alleged

assistant: The best answer is C. holding that imposing liability where manufacturers could reasonably anticipate trademark violations is a watered down and incorrect standard
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: in the intra-district transfer program, because all parents in the district had to pay for transportation costs in order to participate in the program. Id. at 971-72. We concluded all of the disabled child’s educational needs were being met by the school within the neighborhood boundaries, and the request for transportation to a school outside the boundaries was “for reasons of parental preference” only. Id. at 973. In short, Timothy H. indicates a school district may apply a facially neutral transportation policy to a disabled child without violating the law when the request for a deviation from the policy is not based on the child’s educational needs, but on the parents’ convenience or preference. See also N. Allegheny Sch. Dist. v. Gregory P., 687 A.2d 37, 40 (Pa.Commw.Ct.1996) (<HOLDING>). We conclude Timothy H. controls our decision Options: A. recognizing that a school district must be a prevailing party in order to be entitled to attorneys fees under the idea B. holding that the idea requires a school district to provide the educational equivalent of a serviceable chevrolet not a cadillac C. holding that when a school district knows or should know that a disabled childs educational program is deficient yet fails to correct the problem the child is entitled to compensatory education for a period equal to the period of deprivation but excluding the time reasonably required for the school district to rectify the problem D. holding that a school district was not required to move a nurse to a students neighborhood school to comply with the idea E. holding idea requires transportation of disabled child only to address his educational needs and does not require school district to accommodate a parents unrelated noneducational preferences

assistant: The best answer is E. holding idea requires transportation of disabled child only to address his educational needs and does not require school district to accommodate a parents unrelated noneducational preferences
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: (a) Each Party will provide the other with such information, records and other assistance, and make such of its officers, directors, employees and agents available, as may reasonably be requested by the other Party in connection with any Tax matter under this Article IX , including the preparation of any Tax Return and the conduct of any Tax Claim; provided that Acquiror will not be permitted to inspect or otherwise review any Consolidated Tax Return.

assistant: Miscellaneous
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: results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take or taking of a polygraph examination, shall not be admitted into evidence. (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible. Under the plain language of this rule, the military judge’s ruling was correct. By adding this Rule, the 1991 amendment to the Manual for Courts-Martial restored the armed forces to the approach followed in the 1969 Manual. Cf. United States v. Gipson, 24 M.J. 246, 253 (C.M.A.1987)(2-1 decision holding that the trial judge has the discretion to admit the results of polygraph examinations); United States v. Williams, 39 M.J. 555, 558 (A.C.M.R.1994)(<HOLDING>). The concerns behind this rule include: that Options: A. holding ban violated the sherman act B. holding that the governments use of classified evidence in detentionpendingdeportation proceedings violated detainees due process rights and inter alia justified his release C. holding that the trial court properly excluded evidence that other persons had a motive to kill the victims because inter alia such evidence was speculative D. holding that the absolute ban on polygraph evidence violated due process and the right to present evidence citing inter alia chambers v mississippi 410 us 284 93 sct 1038 35 led2d 297 1973 E. holding that suppression of evidence by the prosecution of evidence favorable to the defendant upon request violates the defendants right to due process where the evidence is material

assistant: The best answer is D. holding that the absolute ban on polygraph evidence violated due process and the right to present evidence citing inter alia chambers v mississippi 410 us 284 93 sct 1038 35 led2d 297 1973
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 grant of RSUs under the Plan is a one-time benefit and does not create any contractual or other right to receive a grant of RSUs or benefits in lieu of RSUs in the future. Future grants of RSUs, if any, will be at the sole discretion of the Company, including, but not limited to, the timing of the grant, the number of shares of RSUs, and vesting provisions.

assistant: Miscellaneous
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: your purchase of a virtual item or in-game currency within the services is a payment for a limited , non-assignable licence to access and use such content or functionality in the services .

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: This Agreement constitutes the legal, valid and binding obligation of the Bank enforceable against the Bank in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, receivership, conservatorship or other similar laws affecting the enforcement of creditors’ rights generally and, if applicable, the rights of creditors of banking corporations from time to time in effect or by general principles of equity.

assistant: Binding Effects
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 VMRE and Carvana agrees, whenever and as often as reasonably requested to do so by the other party or the Title Company, to execute, acknowledge, and deliver, or cause to be executed, acknowledged, or delivered, any and all such further conveyances, assignments, confirmations, satisfactions, releases, instruments, or other documents as may be necessary, expedient or proper, in order to complete any and all conveyances, transfers, sales and assignments herein provided and to do any and all other acts and to execute, acknowledge and deliver any and all documents as so requested in order to carry out the Transaction and the intent and purpose of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: paragraphs, including the arbitration agreement paragraph, do not contain the Carden Shares limiting language. A court must strive to reach an interpretation which gives a reasonable, lawful, and effective meaning to all the terms of an agreement. See Restatement (Second) § 203(a) (1981). We must assume that no part of the agreement is superfluous. See id. Furthermore, Harvey and Lofblad have not alleged, nor do they argue on appeal, that the limiting language was mistakenly omitted from paragraph eight. For the foregoing reasons, we find that the agreement to arbitrate in the August 1998 Agreement is not subject to a sus-pensive condition and is therefore valid. Cf. Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388 U.S. 395, 403-04, 87 S.Ct. 1801, 1805-06, 18 L.Ed.2d 1270 (1967) (<HOLDING>). D. Having defined the scope of the Options: A. holding that where an arbitration agreement between an employer and employee does not specifically provide for the handling of arbitration costs california courts should interpret the arbitration agreement as providing that the employer must bear the arbitration forum costs B. holding that a party seeking to compel arbitration must establish the existence of an arbitration agreement and show that the claims raised fall within the scope of that agreement C. holding that an arbitration agreement is separable from the underlying agreement D. holding that the federal arbitration act requires piecemeal resolution when necessary to give effect to an arbitration agreement and mandates enforcement of an arbitration agreement notwithstanding the presence of other persons who are parties to the underlying dispute but not to the arbitration agreement emphasis added E. holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration

assistant: The best answer is C. holding that an arbitration agreement is separable from the underlying agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the Board of Immigration Appeals’ (“BIA”) order summarily affirming an immigration judge’s (“IJ”) order denying his motion to reopen proceedings in which he was removed in absentia. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion, Lara-Torres v. Ashcroft, 383 F.3d 968, 972 (9th Cir.2004), amended by 404 F.3d 1105 (2005), and we deny the petition for review in part and dismiss it in part. The IJ did not abuse her discretion in denying Lopez’s motion to reopen because the record indicates that Lopez’s hearing notice was mailed to his address of record and he did not provide a sworn affidavit containing information to rebut the presumption of delivery created by regular mail. See 8 U.S.C. § 1229(a)(1); Salta v. INS, 314 F.3d 1076, 1079 (9th Cir.2002) (<HOLDING>). Lopez’s contention that the BIA erred by Options: A. recognizing presumption of effective service by regular mail B. holding that the bia had imposed a new standardof proof by requiring the alien to provide substantial evidence to overcome a presumption of effective mail delivery C. holding that notice to an alien at the most recent address provided by the alien is legally sufficient D. holding that a sworn affidavit that neither the alien nor another responsible party residing at his address received the notice will generally rebut the presumption of delivery created by regular mail E. holding that the admission in evidence of a certifying document from the secretary of state that its history records indicated that notice of suspension was sent by regular mail to the defendant did not violate the confrontation clause

assistant: The best answer is D. holding that a sworn affidavit that neither the alien nor another responsible party residing at his address received the notice will generally rebut the presumption of delivery created by regular mail
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice to be given hereunder by either party to the other may be effected by personal delivery, in writing, or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses set forth below, but each party may change his, her or its address by written notice in accordance with this Section 7. Notices shall be deemed communicated as of the actual receipt or refusal of receipt.

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: had authority to suspend or revoke erroneously issued plates. See Vt. Stat. Ann. tit. 23, § 308(6) (“The commissioner may suspend or revoke the registration of any motor vehicle, registered in this state, and repossess the number plates assigned to it, when he or she is satisfied that ... [t]he number plates were erroneously issued.”). 4 . The Supreme Court has also recognized a sub-category of the designated public forum, called the "limited public forum,” the use of which "is limited to particular purposes or speakers.” General Media, 131 F.3d at 278 n. 6. Government restrictions on speech in a limited public forum need only be reas ose seeking vanity plates must have governmental permission before expressing themselves. See Peny Educ. Ass’n, 460 U.S. at 47, 103 S.Ct. 948 (<HOLDING>). Because Vermont vehicle owners must obtain Options: A. holding that public library was immune from suit under section 230 because it provided an interactive computer service by enabling multiple users to access the internet through its public computers B. holding that a schools internal mail system was not a public forum because users needed a principals permission for access C. holding public school principals criticized for their official conduct are public officials for purposes of defamation law D. holding that in analyzing whether a limited public forum has been created we consider the nature of the property or means of communication the governments purpose in permitting whatever limited access it has allowed and the conditions of access eg whether permission is required E. holding that a federallyfunded program in which public school teachers provided remedial education to disadvantaged children in parochial schools as well as public schools did not violate the establishment clause

assistant: The best answer is B. holding that a schools internal mail system was not a public forum because users needed a principals permission for access
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: There is not a broker, finder or other party that is entitled to receive from the Company or any of its subsidiaries any brokerage or finder’s fee or other fee or commission as a result of the offering and sale of the Securities contemplated by this Agreement, except for underwriting discounts and commissions payable to the Initial Purchasers pursuant to Section 2 of this Agreement.

assistant: Brokers
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 $325,000 remaining portion of the $375,000 Purchase Price (after deduction of the $50,000 payable to Investor’s counsel) shall be used by the Company to pay: (i) $220,170 aggregate amount of Indebtedness and other liabilities of the Company owed to the Persons and in the amounts set forth on Schedule 3.01(c), Schedule 4.3 and Schedule 4.7(i) and (ii) , (ii) $2,099 to the Repurchased Shareholder pursuant to the Share Repurchase, and (iii) (a) the Company’s and the Three Controlling Shareholders’ legal counsel(s) and the Transfer Agent, and (b) $3,232 of other estimated costs and expenses incurred by the Company and the Three Controlling Shareholders, all in connection with the transactions contemplated hereby, after which and immediately following the Closing the Company shall have no outstanding Indebtedness and/or liabilities of any nature to any Person.

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: If the number of outstanding shares of Stock is changed as a result of a stock split or the like without additional consideration to the Company, the number of RSUs subject to this Award shall be adjusted to correspond to the change in the outstanding shares of Stock.

assistant: Adjustments
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: in dismissing him from the EPHD program. For an equal protection claim to survive a motion for summary judgment premised on qualified immunity, the plaintiff “must demonstrate that the governmental official was motivated by intentional discrimination on the basis of race.” Felton v. Polles, 2000 WL 33968259, at **2-3 (S.D.Miss. Jan.14, 2000) (citations omitted); Tate v. Waller, 2006 WL 3103005, *3 (S.D.Miss.2006). The qualified immunity analysis is thus essentially a merits analysis: When an official’s intent or the reasons for his or her actions are an essential element of the underlying violation, we have treated factual disputes over intent just like any other factual dispute that can justify a denial of qualified immunity. See Tompkins v. Vickers, 26 F.3d 603, 607-10 (5th Cir.1994) (<HOLDING>); see also Coleman v. Houston Indep. Sch. Options: A. holding that the first amendment right of access applies to a summary judgment motion in a civil case B. holding that the existence of probable cause for an arrest is a complete defense to a first amendment retaliation claim under the doctrine of qualified immunity C. holding that the existence of genuine issues of material facts render not appealable a pretrial denial of summary judgment on the issue of qualified immunity D. holding that the existence of a retaliatory motive was a factual issue that precluded summary judgment on qualified immunity in a first amendment case in which a teacher claimed that he had been transferred in retaliation for criticizing the school superintendent E. holding that the court lacked appellate jurisdiction over a partial summary judgment on liability in a qualified immunity case

assistant: The best answer is D. holding that the existence of a retaliatory motive was a factual issue that precluded summary judgment on qualified immunity in a first amendment case in which a teacher claimed that he had been transferred in retaliation for criticizing the school superintendent
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 agrees to protect, indemnify and save harmless Lender, and all directors, officers, employees and agents of Lender, from and against any and all (i) claims, demands and causes of action of any nature whatsoever brought by any Person not a party to this Loan Agreement and arising from or related or incident to this Loan Agreement or any other Loan Document, including, without limitation, any liability under federal or state securities laws arising out of Lender’s disposition of all or part of the Collateral, (ii) costs and expenses incident to the defense of such claims, demands and causes of action, including, without limitation, reasonable attorneys’ fees, and (iii) liabilities, judgments, settlements, penalties and assessments arising from such claims, demands and causes of action; provided, however, that Borrower does not agree to indemnify Lender against Lender’s own willful misconduct or gross negligence. The indemnity contained in this section shall survive the termination of this Loan Agreement.

assistant: Indemnity
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: except where prohibited by law , under armour expressly disclaims all warranties , representations and guarantees of any kind , whether oral or written , express , implied , statutory or otherwise , including , but not limited to the implied warranties of merchantability , fitness for a particular purpose and non-infringement to the fullest extent permissible under the law .

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: and Le-Blanc on all claims and awarded them damages for past mental anguish. The trial court granted a judgment n.o,v. that let stand the jury’s findings on liability, but set aside the jury’s award of mental-anguish damages, holding that mental anguish relating to the birth of a child is not a compensable injury as a matter of law. The issue in this case is whether Texas law prohibits Hardin and LeBlanc from recovering mental-anguish damages on their claims for IIED, conversion, and breach of contract. Our analysis is guided by two conflicting rules of law. The first is that “victims of conduct that is determined to be utterly intolerable in a civilized community” should have a “reasonable opportunity for redress” of their injuries. Twyman v. Twyman, 855 S.W.2d 619, 622-26 (Tex. 1993) (<HOLDING>); cf. Pat. H. Foley & Co. v. Wyatt, 442 S.W.2d Options: A. holding that a wife who invited and encouraged children to visit her premises even though she knew that husband had molested women and children in the past and might do so again could be held liable in negligence B. holding that wife had standing to seek disinterment where death of husband occurred prior to entry of decree of divorce C. holding a wife liable for necessary medical expenses incurred by her husband under the doctrine even though the wife did not sign as a guarantor and did not request that her husband be admitted nor anticipate that her husband would be admitted D. holding wife abandoned her attempts to seek sanctions against husband and husband was not placed on notice that those issues would be raised again by guardian ad litem E. holding that wife could bring iied claim against her husband and could do so within divorce proceeding subject to limitations preventing double recovery

assistant: The best answer is E. holding that wife could bring iied claim against her husband and could do so within divorce proceeding subject to limitations preventing double recovery
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 Harline was a party to the bankruptcy proceeding. Thus, because all four requirements of issue preclusion are met here, Harline is bound by the bankruptcy court’s factual finding that he acted with the requisite state of mind to support a denial of discharge despite Vlahos’ negligent preparation of the statement of affairs and schedules. Thus, Harline has failed to raise a genuine issue of material fact that Vlahos proximately caused the denial of Harline’s bankruptcy dis L.Ed.2d 101 (1990); Falconer v. Meehan, 804 F.2d 72, 75-76 (7th Cir.1986) (bankruptcy court finding that attorney advised client of contents of dissolution agreement precluded relitigation of issue in malpractice action); see also Standage v. Jaburg & Wilk, P.C., 177 Ariz. 221, 866 P.2d 889, 895-96 (Ct.App.1993) (<HOLDING>). Because Har-line is precluded from Options: A. holding that bankruptcy court ruling that debtors first attorney did not commit malpractice by failing to inform debtor of deadline precluded same claim in state court against different attorneys B. holding that the district court had bankruptcy jurisdiction over a professional malpractice action filed by a title 11 debtor against the law firm that represented him in his bankruptcy case under section 1334b because the malpractice claim arose in the bankruptcy case C. holding that suit for professional malpractice was compulsory counterclaim to earlier award of fees in bankruptcy to debtors attorney D. holding that a corporate chapter 7 debt ors malpractice claim against its bankruptcy attorney was related to its bankruptcy case E. holding that debtors have no right to jury trial on malpractice claims against their attorneys

assistant: The best answer is A. holding that bankruptcy court ruling that debtors first attorney did not commit malpractice by failing to inform debtor of deadline precluded same claim in state court against different attorneys
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 covenants, agreements, representations and warranties made by the Borrower in the Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of the Loan Documents and the making of any Loan, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default or incorrect representation or warranty at the time any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement or any other Loan Document is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.06, 2.07, 2.08 and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration and the Commitments or the termination of this Agreement or any other Loan Document or any provision hereof or thereof.

assistant: Survival
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: Noble may assign all or any portion of its rights and obligations under this Agreement. The Award and the rights and obligations of Participant under this Agreement may not be sold, transferred, pledged, exchanged, hypothecated or otherwise disposed of by Participant other than by will or the laws of descent and distribution.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company hereby waives diligence, presentment, protest and demand, notice of protest, notice of dishonor, notice of nonpayment and any and all other notices and demands in connection with the delivery, acceptance, performance, default or enforcement of this Note. The Company further waives, to the full extent permitted by law, the right to plead any and all statutes of limitations as a defense to any demand on this Note.

assistant: Waivers
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: its property “when the lease is recorded in the clerk’s office and the terms of the lease expressly prohibit such liability.” See § 713.10, Florida Statutes (1983). In amending this statute, the Legislature obviously sought to provide a simplified and less costly manner in which lessors may provide notice to prospective contractors of their disclaimer of liability for improvements made by a lessee. We interpret section 713.10(1) as serving to protect not only lessors but also those who contract with lessees to perform services on the leased premises. By filing either a lease containing a disclaimer or a short form of a lease containing a disclaimer, a lessor essentially places any interested-party on notice that its interest will not be subject to any mechanics’ 45 (Fla. 5th DCA 1982) (<HOLDING>); Davidson Lumber Co. v. Sullivan, 403 So.2d Options: A. holding that a lienor under a contract with a lessee is entitled to a lien against the lessors interest only where the lease expressly or impliedly requires the lessee to make improvements to the leased property B. holding that the mere fact that the parties to a lease may contemplate that the lessee will make improvements to the property is insufficient to subject the lessors interests to mechanics liens and that the lease must instead expressly or impliedly require the requirements to be made C. holding that a lessors interest can only be subject to liens arising from improvements performed on the leased property if the lease required the improvements or if under judicial interpretation the improvements were the pith of the lease D. holding that the lessors interest in the leased property was subject to liens because it was perfectly obvious that the parties knew that the improvements at issue were the pith of the lease and that except for them the lease would not have been executed and because the improvements were essential to the purpose of the lease E. holding that the appellant contractor failed to prove the existence of a lease provision requiring the lessee to make the improvements at issue which could have the effect of subjecting the lessors property to a lien

assistant: The best answer is B. holding that the mere fact that the parties to a lease may contemplate that the lessee will make improvements to the property is insufficient to subject the lessors interests to mechanics liens and that the lease must instead expressly or impliedly require the requirements to be made
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The closing of the transactions contemplated in this Agreement (the “ Closing ”) will be held in escrow on the Closing Date at the offices of First American Title Insurance Company, 1660 W. 2nd Street, Suite 700, Cleveland, Ohio 44113, Attention: Janine Djuric (“ Escrow Agent ”), unless the parties otherwise agree. All transactions occurring at the Closing shall be deemed to have occurred simultaneously as of the Closing Time, and no one transaction shall be complete until all transactions have been completed. Holdings and Franchisee shall each pay at Closing one-half (1/2) of the escrow fee and the expenses of the Escrow Agent.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Since five (5) years prior to the Closing Date, to the knowledge of the Responsible Officers, there has been no action taken by any Credit Party or any of its Controlled Entities or any officer, director, or employee thereof in violation of applicable Anti-Corruption Laws in any material respect. None of the Credit Parties or any of their Controlled Entities has been convicted of violating any Anti-Corruption Laws. As of the Closing Date, there is no material suit, litigation, arbitration, claim, audit, action, proceeding or investigation pending or, to the knowledge of any Executive Officer of the Borrower, threatened against or affecting the Credit Parties or any of their Controlled Entities related to any applicable Anti-Corruption Laws, before or by any Governmental Entity. In the five (5) years prior to the Closing Date, none of the Credit Parties or any of their respective Subsidiaries or Unrestricted Subsidiaries has received any written notice, request or citation for any actual or potential noncompliance with any of the foregoing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Executive’s employment with Company pursuant to this Agreement, the Executive will be entitled to four week s (4 ) paid vacati on per fiscal yea r consistent with the Company’s vacation po licy currently in effect from time to time . The Executive shall receive other paid time-off in accordance with the Company's policies for executive officers as such policies may exist from time to time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: powers are defined in part by the association’s plan of operation); 2001 Iowa Acts ch. 125, § 5 (deleting Iowa Code § 513C.10(2)-(5)), 7 . See, e.g., Iowa Code § 507C.16 (2013) (permitting the commissioner to petition the district court for an order of liquidation); id. § '507C.17 (authorizing the commissioner to petition the district court for an order directing the commissioner to liquidate an insurer); id. § 507C.17A(2) (permitting the insurance commissioner to petition the district court for an order of rehabilitation or liquidation of a domestic insurer); id. § 521A.9(1) (authorizing the commissioner to seek an injunction to prevent a violation of the Insurance Holding Company Systems Chapter); Huff v. St. Joseph’s Mercy Hosp. of Dubuque Corp., 261 N.W.2d 695, 698 (Iowa 1978) (<HOLDING>). 8 . This provision was originally codified at Options: A. recognizing the commissioners power to seek an injunction against violators of the hmo act B. holding federal injunction countermanding a state court injunction did not violate antiinjunction act C. holding that the injunction did not constitute a claim D. holding that 1983 is not an exception to the state tax injunction act E. recognizing that the power to alter an injunction was present by force of principles inherent in the jurisdiction of the chancery

assistant: The best answer is A. recognizing the commissioners power to seek an injunction against violators of the hmo act
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: See McClintic v. McClintic, 39 A.3d 1274, 1279 n. 2 (D.C.2012) ("[S]ince the District of Columbia derives its common law from Maryland, decisions of the Court of Appeals of Maryland on questions that have not been determined by [this court] are of great weight.”) (first alteration in original and internal quotation marks omitted). 9 . See Durr, 722 So.2d at 135 (stating that in other jurisdictions, "[cjonsent has been found to be a valid defense when the touching ... does not violate an established rule, such as in athletic events. It may also be a viable defense when the person being touched was made aware of the risks prior to consent, and in professions and occupations involving invasions of one’s physical integrity.”) (internal quotation marks omitted); Shelley, 929 P.2d at 491-92 (<HOLDING>); Brown, 364 A.2d at 30 ("There are a few Options: A. holding that punching another person is a statutory assault B. holding that because consent is not a statement and a request for consent is not an interrogation giving consent to search is a neutral fact which has no tendency to show that the suspect is guilty of any crime C. holding that consent is not a valid defense to hazing D. holding that consent is not a defense to punching another player during a basketball game because such contact was not foreseeable in the game E. holding that consent is not a defense to a violation of 5231

assistant: The best answer is D. holding that consent is not a defense to punching another player during a basketball game because such contact was not foreseeable in the game
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: Without limiting the obligations of Borrower hereunder, each Lender agrees to indemnify each Agent and each Letter of Credit Issuing Bank, ratably in accordance with its aggregate Proportionate Share (Obligations) of the Obligations under this Credit Agreement for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, or expenses of any kind or nature whatsoever which may at any time be imposed on, incurred by or asserted against any Agent or the Letter of Credit Issuing Bank (in such capacity) in any way relating to or arising out of this Credit Agreement, the other Credit Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or the enforcement of any of the terms hereof or thereof or of any such other documents; provided , however , that no Lender shall be liable for any of the foregoing to the extent they arise solely from such Agent’s or the Letter of Credit Issuing Bank’s gross negligence or willful misconduct as determined by a final non-appealable judgment of a court of competent jurisdiction. Each Agent and the Letter of Credit Issuing Bank shall be fully justified in refusing to take or to continue to take any action hereunder unless it shall first be indemnified to its satisfaction by the Lenders against any and all liability and expense which may be incurred by it by reason of taking or continuing to take any such action. Without limitation of the foregoing, each Lender agrees to reimburse each Agent and the Letter of Credit Issuing Bank promptly upon demand for its ratable share of any out-of-pocket expenses (including counsel fees) incurred by each Agent or the Letter of Credit Issuing Bank (in such capacity) in connection with the preparation, execution, administration or enforcement of, or legal advice in respect of rights or responsibilities under, the Operative Documents, to the extent that such Agent or the Letter of Credit Issuing Bank is not reimbursed promptly for such expenses by Borrower.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: nor does the fact that the prosecutor exercised discretion in seeking the maximum penalty give rise to a constitutional infringement. Simpson v. State, 310 Ark. 493, 837 S.W.2d 475 (1992). The Arkansas Supreme Court has twice upheld the constitutionality of § 5-64-403'(c) against void-for-vagueness challenges, but on different grounds from those asserted by appellant here. See Crail v. State, 309 Ark. 120, 827 S.W.2d 157 (1992) (rejecting the defendant’s void-for-vagueness claim where he asserted that he knew that the penalty for possession of a small quantity of marijuana was minor (a misdemeanor) but did not know the penalty for possession of the pipe used to smoke the marijuana under § 5-64-403 was more serious (a felony)); Moore v. State, 297 Ark. 296, 761 S.W.2d 894 (1988) (<HOLDING>). Pursuant to these authorities, it cannot be Options: A. holding flag contempt statute unconstitutionally vague B. holding that essentially equivalent is unconstitutionally vague C. holding that the statute defining drug paraphernalia and 564403cl were not unconstitutionally vague for want of certainty and definiteness because they give a person of ordinary intelligence notice that his contemplated conduct is forbidden D. holding factor b is not unconstitutionally vague E. holding that a statute is not unconstitutionally vague if it gives a person of ordinary intelligence a reasonable opportunity to know what is prohibited so that he may act accordingly

assistant: The best answer is C. holding that the statute defining drug paraphernalia and 564403cl were not unconstitutionally vague for want of certainty and definiteness because they give a person of ordinary intelligence notice that his contemplated conduct is forbidden
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: As used in this Deed of Trust unless the context clearly requires otherwise: The terms “ herein ” or “ hereunder ” and similar terms without reference to a particular section shall refer to the entire Deed of Trust and not just to the section in which such terms appear; the term “ Lien ” shall also mean a security interest, and the term “ security interest ” shall also mean a Lien.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Executive shall reasonably cooperate with the Company in the defense or prosecution of any claims or actions now in existence or which may be brought in the future against or on behalf of the Company which relate to events or occurrences that transpired while Executive was employed by the Company; provided, however, that such cooperation shall not materially and adversely affect Executive or expose Executive to an increased probability of civil or criminal litigation. Executive’s cooperation in connection with such claims or actions shall include, but not be limited to, being available to meet with counsel to prepare for discovery or trial and to act as a witness on behalf of the Company at mutually convenient times. Executive also shall cooperate fully with the Company in connection with any investigation or review of any federal, state or local regulatory authority as any such investigation or review relates to events or occurrences that transpired while Executive was employed by the Company. The Company shall also provide Executive with compensation on an hourly basis at a rate equivalent to the hourly rate of the Executive’s last annual Base Salary (as defined in the Employment Agreement) calculated using a forty (40) hour week over fifty-two (52) weeks for requested litigation and regulatory cooperation that occurs after her termination of employment, and reimburse Executive for all costs and expenses incurred in connection with her performance under this Section 5, including, but not limited to, reasonable attorneys’ fees and costs.

assistant: Litigations
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: relief,” on breach of fiduciary duty and equitable estoppel theories for making affirmative misrepresentations with knowledge beneficiary would be misled thereby, and stating that to “succeed under this [equitable es- toppel] theory of relief, an ERISA plaintiff must establish (1) a material misrepresentation, (2) reasonable and detrimental reliance upon the representation, and (3) extraordinary circumstances.” The Court of Appeals concluded employer breached its fiduciary duties, affirmatively misled the beneficiary and her participating spouse, and awarded the beneficiary an additional $150,000 on a supplemental accidental death and dismemberment policy that the participant spouse would have opted to purchase had he known all of the material facts); Bixler, 12 F.3d at 1301-03 (<HOLDING>); Gillis v. Hoechst Celanese Corp., 4 F.3d Options: A. 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 B. recognizing a cause of action for a breach of fiduciary duty in failing to provide relevant information under section 502a3 of erisa where the fiduciary had knowledge that its failure to provide the participant andor his beneficiaries with complete and accurate information would mislead them as to the coverages in effect C. recognizing the right of a creditor to sue a corporate director for breach of fiduciary duty D. holding a cause of action for breach of fiduciary duty will not lie where the claim of breach is dependent upon the existence of a contractual relationship between the parties E. recognizing that when a beneficiary requests information from an erisa fiduciary who is aware of the beneficiarys status and situation the fiduciary has an obligation to convey complete and accurate information material to the beneficiarys circumstance even if that requires conveying information about which the beneficiary did not specifically inquire

assistant: The best answer is B. recognizing a cause of action for a breach of fiduciary duty in failing to provide relevant information under section 502a3 of erisa where the fiduciary had knowledge that its failure to provide the participant andor his beneficiaries with complete and accurate information would mislead them as to the coverages in effect