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: be invalid where used to enter a private residence. Further, there are a host of “retake” state statutes and at least one federal statute authorizing the Attorney General to issue arrest warrants (arrest warrants for aliens pending deportation under 8 U.S.C. § 1226(a)) that authorize nonjudicial arrest warrants. Thus, despite my position the search of Lucas’s primary residence was conducted pursuant to an invalid administrative warrant, I conclude it was objectively reasonable for officers, in arresting Lucas in his primary residence, to rely on the statute that authorized the issuance of the arrest warrant. As a result, I disagree with Judge Beam’s view that the good-faith exception was inapplicable in this case. See, e.g., United States v. Hunt, 893 F.2d 1028, 1031-32 (9th Cir.1990) (<HOLDING>), opinion withdrawn in part on other grounds, Options: A. holding that an arrest warrant without a search warrant does not permit law enforcement authorities to enter a third partys home to legally search for the subject of the arrest warrant B. holding that the vehicle of a recent occupant may be searched incident to arrest as an exception to the warrant requirement where it is reasonable to believe the vehicle contains evidence of the offense of arrest C. holding that a warrant lacking a description of items to be seized was not facially invalid and finding in the alternative that even if the warrant were found to be deficient the seized evidence was admissible under the good faith exception D. holding that it is a violation of the fourth amendment for police to bring members of the media or other third parties into a home during the execution of a warrant when the presence of third parties in the home was not in aid of the execution of the warrant E. holding the leon goodfaith excep tion applied to save evidence seized as part of the execution of an arrest warrant issued by the oregon department of corrections pursuant to its authority under an oregon statute and citing the krull decision in support

assistant: The best answer is E. holding the leon goodfaith excep tion applied to save evidence seized as part of the execution of an arrest warrant issued by the oregon department of corrections pursuant to its authority under an oregon statute and citing the krull decision in support
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’s obligations under the Plan are subject to the approval of state and federal authorities or agencies with jurisdiction in the matter. The Company will use its best efforts to take steps required by state or federal law or applicable regulations, including rules and regulations of the Securities and Exchange Commission and any stock exchange on which the Company’s shares may then be listed, in connection with the grants under the Plan. The foregoing notwithstanding, the Company shall not be obligated to issue or deliver Common Stock under the Plan if such issuance or delivery would violate state or federal securities laws.

assistant: Approvals
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: “intentionally self-inflicted injuries” applies. The policy defines accidental bodily injury, which is covered under the policy, as “bodily harm caused solely by external, violent and accidental means which is sustained directly and independently of all other causes.” (Stipulated Facts, Ex. 1 at 11.) The death in this case was not solely caused by external and accidental means, nor was it sustained independently of all other causes. The death certificate reported that the spinal fracture was due to a motor accident, which itself was due to alcohol intoxication. As a matter of common sense and reasonableness, there can be no question that but for the intoxication, the mishap might well not have happened. See Smith v. Life Ins. Co. of North America, 872 F.Supp. 482, 485 (W.D.Tenn.1994) (<HOLDING>). The parties have devoted a large portion of Options: A. holding that decedents voluntary consumption of alcohol resulting in a level of 23 was at least a partial cause of vehicular collision precluding accidental benefits B. holding that rule 58 allows inclusion of at least one citation to legal authority and at least a onesentence explanation of the courts reasoning C. holding that rule 23 applied even when the new york statute providing the cause of action prohibited class relief D. holding misrepresentation must at least be partial cause of plaintiffs injury E. holding that there was a genuine issue of material fact precluding summary judgment

assistant: The best answer is A. holding that decedents voluntary consumption of alcohol resulting in a level of 23 was at least a partial cause of vehicular collision precluding accidental benefits
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note and the covenants, terms and conditions set forth herein shall be binding upon and shall inure to the benefit of the parties hereto and, subject to Section 16, their successors and, in the case of the Holder, its registered assigns.

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: All communications hereunder shall be in writing and effective only upon receipt and (i) if sent to the Purchaser, will be mailed, hand delivered, couriered or sent by fax transmission or electronic mail and confirmed to it at Citigroup Commercial Mortgage Securities Inc., 390 Greenwich Street, 5th Floor, New York, New York 10013, to the attention of Paul Vanderslice, fax number (212) 723-8599, and 390 Greenwich Street, 7th Floor, New York, New York 10013, to the attention of Richard Simpson, fax number (646) 328-2943, and 388 Greenwich Street, 17th Floor, New York, New York 10013, to the attention of Ryan M. O’Connor, fax number (646) 862-8988, and with an electronic copy emailed to Richard Simpson at richard.simpson@citi.com and to Ryan M. O’Connor at ryan.m.oconnor@citi.com, (ii) if sent to the Seller, will be mailed, hand delivered, couriered or sent by fax transmission or electronic mail and confirmed to it at Cantor Commercial Real Estate Lending, L.P., 110 East 59th Street, New York, New York 10022, Attention: Anthony Orso, fax number: (212) 610-3623, with copies to General Counsel, and (iii) in the case of any of the preceding parties, such other address as may hereafter be furnished to the other party in writing by such parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No party may assign this Agreement or any right under this Agreement without the prior written consent of the other party, except for an assignment incident to a merger, consolidation, or reorganization of a party. Nothing in this Agreement, expressed or implied, is intended to confer on any person, other than the parties, any rights or remedies under or by reason of this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: concur. SHAW, J., concurs in part and concurs in the result. MOORE, C.J., and MURDOCK, J., concur in the result. 1 . Some offenses are outside the Criminal Code, such as drug offenses, which are governed by the Alabama Uniform Controlled Substances Act, § 20-2-1 et seq., Ala.Code 1975. 2 . The plain meaning of "capital” is the possibility of the death penalty. "Capital” is defined in Black's Law Dictionary as ”[p]un-ishable by execution; involving the death penalty.” Black's Law Dictionary 236 (9th ed. 2011). 3 . The Supreme Court stated that it believed "appropriate occasions for sentencing juveniles to the harshest penalty will be uncommon.” 567 U.S. at-, 132 S.Ct. at 2455. 4 . Other jurisdictions have addressed Miller. See, e.g., Ortiz v. State, 119 So.3d 494 (Fla.Dist.Ct.App.2013)(<HOLDING>); People v. Banks, [No. 08CA0105, September 27, Options: A. holding that minor defendant was not entitled to a writ of prohibition directing the trial court to dismiss his capitalmurder indictments where he argued that only statutorily authorized sentences of death and life imprisonment without parole had been declared unconstitutional but the florida courts had established a valid sentencing option under miller B. holding that sentence was erroneous but not void where sentence of life imprisonment without parole was imposed for first degree murder under unconstitutional penalty statute C. holding that because minor defendant was mandatorily sentenced to life imprisonment without parole and because his case was still pending on direct appeal when miller was released the minor defendant was entitled to a new sentencing hearing D. holding sentences of life without parole unique in their severity E. recognizing that njeither graham nor miller explicitly apply to the functional equivalent of life without parole ie de facto life sentences

assistant: The best answer is A. holding that minor defendant was not entitled to a writ of prohibition directing the trial court to dismiss his capitalmurder indictments where he argued that only statutorily authorized sentences of death and life imprisonment without parole had been declared unconstitutional but the florida courts had established a valid sentencing option under miller
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 at any time all or any part of the Collateral is to be sold, transferred, assigned or otherwise disposed of by the Issuer or the Indenture Trustee or any Person on its or their behalf (but in any such case only as required or permitted by the Operative Agreements), the Indenture Trustee upon receipt of written notice from the Issuer, which notice shall be delivered at least five (5) Business Days prior to such sale, transfer, assignment or disposal, on or prior to the date of such sale, transfer, assignment or disposal (but not to be effective until the date of such sale, transfer, assignment or disposal) (or, in the case of a Lessee’s exercise of a purchase option, on, immediately prior to or after the date of such purchase, as may be requested by the Issuer), at the expense of the Issuer, execute such instruments of release prepared by the Issuer, in recordable form, if necessary, in favor of the Issuer or any other Person as the Issuer may reasonably request, deliver the relevant part of the Collateral in its possession to the Issuer, otherwise release the Security Interest evidenced by this Master Indenture on such Collateral and release and deliver such Collateral to the Issuer and issue confirmation, to the relevant purchaser, transferee, assignee, insurer, and such other Persons as the Issuer may direct, upon being requested to do so by the Issuer, that the relevant Collateral is no longer subject to the Security Interests. Any such release to the Issuer shall be deemed to release or reassign as appropriate in respect of the Collateral such grants and assignments arising hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: On any matter presented to the stockholders of the Corporation for their action or consideration at any meeting of stockholders of the Corporation (or by written consent of stockholders in lieu of meeting), each holder of outstanding shares of Series B Preferred Stock shall be entitled to cast one (1) vote for each share of Series B Preferred Stock held. Except as provided by law or by the other provision herein, holders of Series B Preferred Stock shall vote together with the holders of Common Stock as a single class.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Parent and each of the Material Subsidiaries have filed all necessary federal (United States, Canadian or otherwise), provincial, state and foreign income and franchise tax returns, each of which has been true and correct in all material respects, or have requested and have received extensions thereof, and have paid, charged, deducted, withheld, collected and remitted on a timely basis all taxes as required under applicable Laws (including any interest, additions to tax or penalties applicable thereto). Other than tax deficiencies that the Parent or any Material Subsidiary is contesting in good faith and for which the Parent or such Material Subsidiary has provided adequate reserves, there is no tax deficiency that has been asserted against the Parent or any of the Material Subsidiaries that would have, individually or in the aggregate, a Material Adverse Effect. Although there are ongoing transfer pricing audits in respect of transactions between the Parent and its subsidiaries and taxation authorities have asked numerous questions and for copies of supporting documentation, no indication has been received by the Parent or its subsidiaries from any taxation authorities that any transfer pricing assessment or reassessment is proposed. For all transactions between the Parent, on the one hand, and any non-resident Person with whom the Parent was not dealing at arm's length for the purposes of the Income Tax Act (Canada), on the other hand, during a taxation year commencing after 1998 and ending on or before the date hereof, the Parent has made or obtained records or documents that satisfy the requirements of paragraphs 247(4)(a) to (c) of the Income Tax Act (Canada).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In executing this Restated Agreement, the parties have made appropriate adjustments regarding obligations with respect to tenant improvements, rents, taxes and other matters. The parties agree that the adjustments they have made shall not be revisited, except that if any errors or omissions were made regarding the adjustments set forth below, the parties shall make the appropriate corrections promptly upon discovery, provided that the error or omission is discovered on or before April 30 in the calendar year following the year in which Close of Escrow occurs (the “ Final Adjustment Date ”). Any error or omission not discovered within that period shall not be subject to adjustment. The amount necessary to correct any adjustment that is to be corrected under the foregoing shall be paid in cash to the party entitled to the amount in question. The parties’ obligations under this Section 12.1 shall survive the Close of Escrow.

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 legal provision and list the applicable contract clause categories. Provision: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority, except (i) as contemplated by the definition of “Collateral and Guarantee Requirement”, (ii) such as have been obtained or made and are in full force and effect and (iii) filings necessary to perfect Liens created under the Loan Documents, (b) will not violate any Requirement of Law applicable to the Company or any Subsidiary, except to the extent any such violations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect, (c) will not violate or result (alone or with notice or lapse of time or both) in a default under any indenture or agreement governing any Indebtedness, any material agreement or any other material instrument binding upon the Company or any Subsidiary or their respective assets, or give rise to a right thereunder to require any payment, repurchase or redemption to be made by the Company or any Subsidiary or give rise to a right of, or result in, termination, cancelation or acceleration of any obligation thereunder, except to the extent any such violations, individually or in the aggregate, would not reasonably be expected to result in a Material Adverse Effect, and (d) will not result in the creation or imposition of any Lien on any asset now owned or hereafter acquired by the Company or any Subsidiary, except Liens created under the Loan Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: look first to the bottom line to see whether the overall fee is reasonable. If it is, they pay the bill. If it is not, they challenge enough of the hours so that the result will produce a reasonable fee. 6 .See Florida v. Rodriquez, 469 U.S. 1, 5-6, 105 S.Ct. 308, 310-11, 83 L.Ed.2d 165 (1984) (finding that articulable suspicion, rather than probable cause, was sufficient for seizure of defendants in a major international airport, and noting that extensive anti-hijacking surveillance and equipment created a lesser reasonable expectation of privacy (citing Florida v. Royer, 460 U.S. 491, 515, 103 S.Ct. 1319, 1333, 75 L.Ed.2d 229 (1983) (Blackmun, J., dissenting))); United States v. Moreno, 475 F.2d 44, 47-49 (5th Cir.), cert. denied, 414 U.S. 840, 94 S.Ct. 94, 38 L.Ed.2d 76 (1973) (<HOLDING>). 7 . Counsel's suggestion to the jury that it Options: A. holding that warrantless arrest based on probable cause did not violate the fourth amendment B. holding that fourth amendment applicable in administrative searches for safety inspections C. holding that the threat of air piracy justifies special fourth amendment considerations in airports akin to those at border crossings which allow warrantless searches in certain cases D. holding that such interactions in airports are the sort of consensual encounters that implicate no fourth amendment interest E. holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case

assistant: The best answer is C. holding that the threat of air piracy justifies special fourth amendment considerations in airports akin to those at border crossings which allow warrantless searches in certain cases
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, for all purposes, shall be construed in accordance with the laws of Missouri without regard to conflicts of law principles. Any action or proceeding by either of the parties to enforce this Agreement shall be brought only in a federal court of the Western District of Missouri or a court of the State of Missouri located in Newton County, Missouri. The parties hereby irrevocably submit to the exclusive jurisdiction of such courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Neither the Board nor the Committee, any employee of the Company, nor any Person acting at the direction thereof (each such Person an “ Affected Person ”), shall have any liability to any Person (including without limitation, any Participant), for any act, omission, interpretation, construction or determination made in connection with the Plan (or any payment made under the Plan). Each Affected Person shall be indemnified and held harmless by the Company against and from any loss, cost, liability or expense (including attorneys’ fees) that may be imposed upon or incurred by such Affected Person in connection with or resulting from any action, suit or proceeding to which such Affected Person may be a party or in which such Affected Person may be involved by reason of any action taken or omitted to be taken under the Plan and against and from any and all amounts paid by such Affected Person, with the Company’s approval, in settlement thereof, or paid by such Affected Person in satisfaction of any judgment in any such action, suit or proceeding against such Affected Person; provided , that the Company shall have the right, at its own expense, to assume and defend any such action, suit or proceeding and, once the Company gives notice of its intent to assume the defense, the Company shall have sole control over such defense with counsel of the Company’s choice. The foregoing right of indemnification shall not be available to an Affected Person to the extent that a court of competent jurisdiction in a final judgment or other final adjudication, in either case, not subject to further appeal, determines that the acts or omissions of such Affected Person giving rise to the indemnification claim resulted from such Affected Person’s bad faith, fraud or willful wrongful act or omission. The foregoing right of indemnification shall not be exclusive of any other rights of indemnification to which Affected Persons may be entitled under the Company’s organizational documents, as a matter of law, or otherwise, or any other power that the Company may have to indemnify such Person or hold them harmless.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Arbitration administered by JAMS shall be the exclusive method for resolution of any claims or disputes arising in connection with this Agreement, and the determination of the arbitrators shall be final and binding (except to the extent there exist grounds for vacating an award under applicable arbitration statutes and/or decisional precedents) on the Members. The parties agree that judgment on the determination and award of such arbitrators may be entered in any court having jurisdiction. Each party shall bear its own costs in any arbitration.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Except for the security interest granted to the Collateral Agent for the benefit of the Secured Parties pursuant to this Agreement and Permitted Collateral Liens, such Pledgor owns and has rights and, as to Pledged Collateral acquired by it from time to time after the date hereof, will own and have rights in each item of Pledged Collateral pledged by it hereunder, free and clear of any and all Liens or claims of others (other than licenses granted in the ordinary course of business). In addition, no Liens or claims exist on the Securities Collateral, other than as permitted by Section 1012 of the Indenture. Schedules 11(a) through 11(d) of the Perfection Certificate sets for a true, correct and complete list of all registered and applied for Patents, Trademarks and Copyrights owned by each such Pledgor and all Intellectual Property Licenses under which such Pledgor exclusively licenses Copyrights from a third party (each such Intellectual Property License, an “ Exclusive Copyright License ”).

assistant: Titles
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 Seller and its respective Affiliates, with respect to the operation of the Product Business, are and during the past two years have been in compliance in all material respects with all applicable Laws in the Territory, including (a) any applicable Laws governing the approval, Manufacture, sale, marketing, promotion, or distribution of drugs and the purchase or prescription of or reimbursement for drugs by any Governmental Authority, private health plan or other Person, and (b) the U.S. Foreign Corrupt Practices Act of 1977 (15 U.S.C. §78 et seq.), the federal Anti-Kickback Statute (42 U.S.C. § 1320a-7(b)) and the False Claims Act (42 U.S.C. § 3729 et seq.). During the past two years, neither Seller nor any of its Affiliates has received any written notices of any alleged violation of any Law with respect to the Product Business, the Purchased Assets or the Assumed Liabilities.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Construed broadly, plaintiffs’ allegations that the VOA defendants, with intent to defraud, characterized the Gulati segment as a pro bono feature and a public service to the Indian-American community without disclosing the fact that Gulati paid for the segment, thereby inducing plaintiffs’ reliance and causing injury, are sufficient to plead common law fraud. Plaintiffs’ third cause of action therefore withstands the VOA defendants’ motion to dismiss. We remand to the district court to decide whether to exercise supplemental jurisdiction over this claim. See 28 U.S.C. § 1367. While we conclude that plaintiffs’ pleading of their state law fraud claim survives defendants’ motion to dismiss, we render no opinion as to the ultimate merits of this claim. See Bernheim, 79 F.3d at 321 (<HOLDING>) (internal quotation marks and citations Options: A. holding that trial court may not consider whether plaintiff will ultimately prevail B. recognizing that only a claimant is entitled to the secretarys assistance in the development of the facts pertinent to the claim the benefit of the doubt and the determination whether the claim is well grounded C. holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion D. holding that in deciding whether officers are entitled to qualified immunity it is not only the evidence of clearly established law that is for the court but also whether a reasonable officer could have believed that his or her conduct was lawful in light of the information the officer had E. holding that the issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims

assistant: The best answer is E. holding that the issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims
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: will become moot; and 2) there is a reasonable expectation that the complaining party will be subjected to the same action again.” Id. at 217. A student about to enter seventh grade at Junior High East who objected to the monument (or that student’s parent) would have about two years to litigate the case before exiting the school after eighth grade. This is likely “ ‘too short to complete litigation and appellate review of a case of this complexity.’ ” Id. (quoting Brody, 957 F.2d at 1113). Yet, while the present controversy might “evade review,” it is not “capable of repetition” with respect to Doe 4. She is no longer a student at Junior High East, and there is nothing in the record to suggest that she will ever again encounter the monument on a frequent and regular basis. See id. (<HOLDING>). Nor is there anything in the record to Options: A. holding that whether a person should be considered again for possible employment is an inherently subjective question for the employer as is the employers opinions of its employees B. holding that at a resentencing the state must again prove the basis for an enhanced sentence even though such evidence was produced at the original sentencing C. holding that action was not capable of repetition because there was no reasonable expectation that plaintiff would be subjected to the same action again since she graduated and will never again return as a student D. holding that a plaintiff bringing a retaliation claim under title vii must establish a prima facie case of retaliation by showing that she engaged in a protected activity that she was subjected to an adverse employment action by her employer and that there was a causal link between the two E. holding that at resentencing the district court was entitled to assume that the waiver was still in effect and was not required to again advise defendant of his right to counsel where defendant had waived counsel at the plea stage

assistant: The best answer is C. holding that action was not capable of repetition because there was no reasonable expectation that plaintiff would be subjected to the same action again since she graduated and will never again return as a student
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement sets forth the entire agreement of the parties hereto with respect to the subject matter contained herein and supersedes all prior agreements, promises, covenants or arrangements, whether oral or written, with respect thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: court’s holding that Belson was entitled to counsel of his own choosing to be paid for by the insurance companies and, as such, is entitled to reimbursement of his reasonable legal fees. Appellants’ Br. 47-52 (discussing Twin City Fire Ins. Co., 336 F.Supp.2d at 625-26). We disagree. The district court recognized that, at the outset of the White and Anglin litigation, Belson and the other defendants had divergent interests. If Belson and the other defendants lost the “he said/she said” argument about Belson’s conduct, the other defendants had an alternative argument unavailable to Belson: Belson’s conduct was outside the course and scope of his employment; therefore, the other defendants should not be liable. See, e.g., Frazier v. Badger, 361 S.C. 94, 603 S.E.2d 587, 591 (S.C.2004) (<HOLDING>); Doe v. S.C. State Budget and Control Bd., 337 Options: A. holding that sexual harassment need not take the form of sexual advances or other explicitly sexual conduct in order to be actionable under title vii B. holding that assistant principal could not use an immunity defense because his sexual advances and ensuing retaliatory conduct towards a teacher were outside the scope of his official duties of employment C. holding that a state official can be held individually hable under 1983 for acts taken within the scope of his or her official duties D. holding that a janitorial workers sexual assault of a student deviated from his duties and was clearly outside of the scope of his employment E. holding that a police officers rape of an arrestee was outside the scope of his employment

assistant: The best answer is B. holding that assistant principal could not use an immunity defense because his sexual advances and ensuing retaliatory conduct towards a teacher were outside the scope of his official duties of employment
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: Cong. & Admin.News 405, 407. Congress declared this practice to be a burden on interstate commerce, 7 U.S.C. § 499e(c)(l) (1988), and decreed that sellers of perishable agricultural commodities were protected by a trust “until full payment of the sums owing in connection with such transactions has been received by such unpaid suppliers [or] sellers.... ” Id. § 499e(c)(2). The trust extends only to the “receivables or proceeds from the sale of such commodities and food or products,” and establishes “a Nonsegregated ‘floating Trust’ and, “commingling of trust assets is contemplated.” id.; 7 C.F.R. § 46.46(c) (describing trust assets), and proceeds from other sources are not within the trust’s rubric. See Six L’s Packing Co. v. West Des Moines State Bank, 967 F.2d 256, 258 (8th Cir.1992) (<HOLDING>). PACA’s trust provision has the precise effect Options: A. holding that a third party who receives trust property on inquiry notice that a trustee has misappropriated trust funds is also liable for breach of trust B. holding that where a paca claimant did not create a common trust the attorney fee award was inappropriate C. holding that a constructive trust had arisen on a third partys house due to her use of trust assets which had been diverted by the paca trustee to pay the mortgage and finding that the trust beneficiary plaintiffs are entitled to a lien on the property in the amount of the diverted funds D. holding that paca debtor may prove that certain funds are not proceeds from produce sales and hence not part of trust assets E. holding that failure to pay sales taxes is a breach of trust

assistant: The best answer is D. holding that paca debtor may prove that certain funds are not proceeds from produce sales and hence not part of trust assets
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 of the Lenders and the L/C Issuers hereby irrevocably appoints Bank of America to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents (including, for the avoidance of doubt, the Intercreditor Agreement) and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof (including, for the avoidance of doubt, the execution and delivery of the other Loan Documents (including the Intercreditor Agreement)), together with such actions and powers as are reasonably incidental thereto. The provisions of this Article, other than the final sentence of Section 9.10 , are solely for the benefit of the Administrative Agent, the Lenders and the L/C Issuers, and the Parent Borrower shall not have rights as a third-party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Agents is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

assistant: Authority
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: Comply in all material respects with the requirements of all Laws and all orders, writs, injunctions and decrees applicable to it or to its business or property, except in such instances in which (a) such requirement of Law or order, writ, injunction or decree is being contested in good faith by appropriate proceedings diligently conducted; or (b) the failure to comply therewith would not reasonably be expected to have a Material Adverse Effect.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of Palzer’s knowledge. Because the government introduced sufficient proof to enable a reasonable jury to conclude that Palzer knew it was not illegal to bring more than $5,000 into the country, Palzer was not entitled to an acquittal on the basis of the “exculpatory no” doctrine. Accordingly, we conclude that it would not violate double jeopardy if the government chooses to retry him on Count I of the indictment. B. Challenge to Count II of the Indictment Palzer argues that Count II of the indictment cannot support a criminal conviction because the form that he failed to fill out — Customs Form 4790 — is an administrative rule that was improperly promulgated, not published, and therefore void. Compare United States v. $200,000 in United States Currency, 590 F.Supp. 866 (S.D.Fla.1984) (<HOLDING>), with United States v. Lagasse, No. 83-61-1 Options: A. holding that form 4790 is not an administrative rule but is merely incidental to the statute and regulations and therefore false statements on the form can lead to criminal prosecution B. holding that the use of the written form is mandatory and that failure to use the written form as mandated is reversible error C. holding that substantive changes made by administrative agencies in regulations are required to comply with certain notice and comment requirements which include publication of a notice of proposed rulemaking in the federal register an opportunity for interested persons to comment on that notice and after consideration of these comments publication of the final rule with a general statement of its basis and purpose citing 5 usc 553b c D. holding that the federal register notice requirements do not apply to federal criminal statutes E. holding that form 4790 is a rule that requires notice and comment prior to adoption and publication in the federal register before it can support a forfeiture action based on an individuals failure to fill out the form

assistant: The best answer is E. holding that form 4790 is a rule that requires notice and comment prior to adoption and publication in the federal register before it can support a forfeiture action based on an individuals failure to fill out the form
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 such benefits is a contractual right, derived from the terms of the employment contract”). See also Colorado Springs Fire Fighters Ass’n v. City of Colorado Springs, 784 P.2d 766, 770 (Colo.1989) (“Rights which accrue under a pension plan are contractual obligations which are protected under article II, section 11, of the Colorado Constitution and article I, section 10, of the United States Constitu-tion_ [P]ension plans promote important public policy considerations because they are structured ‘to reward efficiency, to encourage officers to remain in the service, and to give assurance of a decent living upon retirement....’”) (quoting Kirschwing v. O’Donnell, 120 Colo. 125, 129, 207 P.2d 819, 821 (1949)); Peterson v. Fire and Police Pension Ass’n, 759 P.2d 720, 725 (Colo.1988) (<HOLDING>). Thus, regardless of the fact that Denver was Options: A. holding that credit for social security old age and survivor benefits does not also include credit for federal disability benefits B. recognizing that prior to the death of a police officer or firefighter there is limited vesting of survivor benefits under the plan C. holding that the district court is limited to considering the administrative record in reviewing the denial of benefits under an erisa plan D. holding that a payment is under the plan when the debt is provided for in the plan E. holding that a limitation that prevented one from becoming a firefighter or even a firefighter and associated municipal paramedic or emt backup firefighter only affects a narrow range of jobs

assistant: The best answer is B. recognizing that prior to the death of a police officer or firefighter there is limited vesting of survivor benefits under the plan
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 Borrower will not, and will not permit any of its Subsidiaries to, enter into any transaction or series of related transactions, whether or not in the ordinary course of business, with any Affiliate of the Borrower or any of its Subsidiaries, other than on terms and conditions substantially as favorable to the Borrower or such Subsidiary as would reasonably be obtained by the Borrower or such Subsidiary at that time in a comparable arm’s-length transaction with a Person other than an Affiliate, except that: (a) Dividends may be paid to the extent provided in Section 5.14; (b) transactions permitted under Section 5.13 shall be permitted; (c) loans may be made and other transactions may be entered into by the Borrower and its Subsidiaries to the extent permitted by Section 5.15; (d) the Borrower and its Subsidiaries may enter into other transactions between or among the Borrower and its Subsidiaries not involving any other Affiliate so long as such transactions are not otherwise prohibited by the terms of this Agreement or any other Loan Document; (e) customary fees paid to members of the board of directors of the Borrower and its Subsidiaries for their services as directors not in excess of fees paid to directors who are not Affiliates; and (f) issuances of equity interests, payments of bonuses and other transactions permitted pursuant to employment or compensation agreements, option agreements, incentive plans, indemnification agreements and other arrangements with employees and directors of the Borrower or any of its Subsidiaries, in each case so long as the foregoing are on terms not materially more beneficial to such officers and directors as those provided by companies of similar size and similar financial condition as the Borrower and its Subsidiaries.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in the event of any litigation or arbitration arising from or related to these terms , or the services provided , the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time , court costs , attorneys ' fees , and all other related expenses incurred in such litigation or arbitration .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The obligations of the Credit Parties under Sections 2.2(f), 3.7, 3.8, 3.9, 4.19(h), and 14.5 and the obligations of Lenders under Section 13.7, shall survive termination of this Agreement and the Other Documents and payment in full of the Obligations.

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: Any and all notices or other communications or deliveries hereunder (including without limitation any Exercise Notice) shall be in writing and shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Securities Purchase Agreement prior to 5:00 p.m. (New York City time) on a business day, (ii) the next business day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number specified in the Securities Purchase Agreement on a day that is not a business day or later than 5:00 p.m. (New York City time) on any business day, (iii) the business day following the date of mailing, if sent by nationally recognized overnight courier service or (iv) upon actual receipt by the party to whom such notice is required to be given. The address for such notices or communications shall be as set forth in the Securities 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 legal provision and list the applicable contract clause categories. Provision: Letters of Credit . The proceeds of the Initial Term Loans, together with the proceeds of the Senior Unsecured Notes and cash on hand, will be used solely for the payment of (i) fees and expenses payable in connection with the Transactions and (ii) the Effective Date Dover Payment. The proceeds of the Revolving Loans, as well as the proceeds of any Incremental Extension of Credit (unless otherwise provided in the applicable Incremental Facility Amendment) will be used for working capital and other general corporate purposes (including acquisitions permitted by this Agreement) of the Borrower and the Restricted Subsidiaries. No part of the proceeds of any Loan will be used in violation of the representation set forth in Section 3.10. Letters of Credit will be used by the Borrower and the Restricted Subsidiaries for general corporate purposes, including to replace or provide credit support for any Existing Letters of Credit as of the Effective Date.

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 any provision of this Agreement shall be held to be invalid, unenforceable, or void, by a court of competent jurisdiction or an arbitrator such provision shall be stricken from the Agreement, and the remainder of the Agreement shall remain in full force and effect.

assistant: Severability