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: independence and insulation from communication with hearing officers about specific eases. Should this change in the future by restructuring defendant’s position or by other means, the result might well be different. Cf. Cleavinger, 474 U.S. at 208, 106 S.Ct. at 504 (“Congress could even consider putting in place administrative law judges to preside at prison committee hearings.”). C. Qualified immunity Even though defendant is not entitled to absolute immunity with respect to plaintiffs claims for damages, he may be entitle 557988 (S.D.N.Y. Oct. 11, 1994); Silva v. Sanford, 91-CV-1776, 1994 WL 455170, at *20 (S.D.N.Y. Aug. 18, 1994) (same); Gilbert v. Selsky, 867 F.Supp. 159, at 162-64 (S.D.N.Y., Sept. 9, 1994) (same) with Sealey v. Coughlin, 857 F.Supp. 214, 218 (N.D.N.Y. 1994) (<HOLDING>); Cortez v. Selsky, 91 Civ. 1905 (RWS), 1994 WL Options: A. holding that a judge was not entitled to absolute immunity for firing an employee B. holding that the considerations underlying absolute prosecutorial immunity at common law dictate the same absolute immunity under 1983 C. holding that prosecutors have absolute immunity D. holding that an officer applying for a warrant without probable cause may be entitled to qualified immunity but is not entitled to absolute immunity E. holding selsky entitled to absolute immunity

assistant: The best answer is E. holding selsky entitled to absolute immunity
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless otherwise provided herein or in the Credit Agreement, any notice or other communication herein required or permitted to be given shall be given in the manner and become effective as set forth in the Credit Agreement, as to the Pledgor, addressed to it at its address set forth in the Credit Agreement and as to the Administrative Agent, addressed to it at the address set forth in the Credit Agreement, or in each case at such other address as shall be designated by such party in a written notice to the other party complying as to delivery with the terms of this Section 8.6 .

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: Employer shall provide to Employee at the cost to Employer of 60% of actual costs, and Employee shall be entitled to receive from Employer, such health insurance and other benefits which are appropriate to the office and position of Employee, adequate to the performance of his duties and not inconsistent with that which Employer customarily provides at the time to its other management employees. Employee’s right to paid time off (“PTO”) shall be determined in accordance with the policies of the Company as may be in effect from time to time and as are approved by the Company’s Board of Directors. Employee shall have the right to reimbursement of customary, ordinary, and necessary business expenses incurred in connection with the rendering of services and performance of the functions required hereunder in accordance with the policies of the Company as may be in effect from time to time and as are approved by the Company’s Board of Directors. Such expenses are reimbursable only upon presentation by Employee of appropriate documentation pursuant to the policies adopted by the Company’s Board of Directors.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no unpaid or outstanding Taxes or assessments on or against the Projects or any part thereof, except general real estate taxes not yet due or payable. Except as disclosed on Schedule 5.4 , each Project is comprised of one or more tax parcels, and each such tax parcel constitutes a separate tax lot and none of which constitutes a portion of any other tax lot. There are no pending or, to Borrowers’ Knowledge, proposed, special or other assessments for public improvements or otherwise affecting any Project, nor are there any contemplated improvements to any Project that may result in such special or other assessments.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower agrees to indemnify each Lender and the Administrative Agent for the full amount of Taxes and Other Taxes (including, without limitation, any Taxes or Other Taxes imposed or asserted by any jurisdiction on amounts payable under this Section 2.17(c) ), whether or not correctly or legally asserted, paid by such Lender or the Administrative Agent (as the case may be) and any liability (including penalties, interest and expenses) arising therefrom or with respect thereto as certified in good faith to the Borrower by each Lender or the Administrative Agent seeking indemnification pursuant to this Section 2.17(c) . This indemnification shall be paid within 15 days after such Lender or the Administrative Agent (as the case may be) makes demand therefor.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you do not provide this information when prompted , you acknowledge that your emergency call may not be completed and you will not be able to gain access to your required emergency services using the internet communications software .

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: reviewed only for plain error. United States v. Bostic, 371 F.3d 865, 872-73 (6th Cir.2004). Preservation of the Issue At sentencing, Defendant argued that calculation of his base offense level should not include the criminal acts alleged in Counts Three, Four, and Five of his indictment, on which the jury could not reach a verdict, because “a jury was not convinced that Mr. Williams” committed those crimes. (R. 128, PageID 510-11.) Defendant also argued that the district court should consider the disparity between Defendant’s possible sentence with and without the career offender enhancement when making its sentencing decision. The parties and the court discussed these objections at length, and the objections were therefore properly preserved for review. Cf. Bostic, 371 F.3d at 871 (<HOLDING>). Defendant concedes, however, that although Options: A. holding that the defendants motion in limine which sought to exclude the evidence to which the defendant later made a general objection at trial adequately provided the context for determining the specific ground of objection B. holding preservation of objection at sentencing requires defendant to object with that reasonable degree of specificity which would have adequately apprised the trial court of the true basis for his objection internal quotation marks omitted C. holding that where defense counsel made a timely objection and it was overruled by the trial court a further request for a mistrial was unnecessary and futile since the reasons for the objection were apparent and the trial courts denial of the objection indicated its belief the jury could properly hear the matter which was the subject of the objection D. holding that an objection was adequate when the judge cut short the objection and the defendant was not afforded the opportunity to explain his objection fully E. holding that qualified immunity analysis begins with the court asking whether the plaintiffs allegations if true establish a constitutional violation internal quotation marks omitted

assistant: The best answer is B. holding preservation of objection at sentencing requires defendant to object with that reasonable degree of specificity which would have adequately apprised the trial court of the true basis for his objection internal quotation marks omitted
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 address this issue is KDM v. Reedsport School Dist., 196 F.3d 1046 (9th Cir.1999). In RDM, the Ninth Circuit made a point to stress the uniformity with which courts have upheld the permissiveness of,the IDEA. See id. at 1049 (“Every circuit that has considered whether the IDEA ... requires services to be provided on site at a private school has concluded it does not.”). In light of KDM’s guidance, and after making an in dependent review of the relevant case law, this Court makes a similar determination. See, e.g., Russman v. Board of Educ., 150 F.3d 219, 222 (2d Cir.1998) (“[T]he statute does not require a school district to provide on-site services to a disabled child who is voluntarily enrolled in a private school.”); Foley v. Special Sch. Dist., 153 F.3d 863, 865 (8th Cir.1998) (<HOLDING>); Fowler v. Unified Sch. Dist. No. 259, 128 Options: A. holding that a void decree has no legal effect B. holding that a motion to terminate a consent decree was moot because there was no consent decree left to be terminated C. holding that parents had no right to a federal court decree mandating resource services be provided at a particular location D. holding that the trial judge had the power to incorporate a settlement agreement in a decree following the entry of a decree of divorce E. holding that a motion to terminate a consent decree was moot because the challenged provisions of the decree had expired

assistant: The best answer is C. holding that parents had no right to a federal court decree mandating resource services be provided at a particular location
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: constitutional rights occurred.” Thompson v. Commonwealth, 10 Va. App. 117, 122, 390 S.E.2d 198, 201 (1990) (citations omitted); see also Penn v. Commonwealth, 13 Va. App. 399, 407, 412 S.E.2d 189, 194 (1991), aff’d, 244 Va. 218, 420 S.E.2d 713 (1992); Troncoso v. Commonwealth, 12 Va. App. 942, 944, 407 S.E.2d 349, 350 (1991). “ ‘[Historically, searches or seizures made contrary to provisions contained in Virginia statutes provide no right of suppression unless the statute supplies that right.’ ” Troncoso, 12 Va. App. at 944, 407 S.E.2d at 350 (quoting Commonwealth v. Brown, 8 Va. App. 41, 44, 378 S.E.2d 623, 624 (1989) (Baker, J., concurring)). Code § 19.2-57 is a procedural statute “found in the chapter of the code dealing with the issuance and execution of search warrants.” Id. (<HOLDING>). Code § 19.2-57 does not expressly command the Options: A. holding a statutory violation insufficient to justify imposition of the exclusionary rule absent an underlying constitutional violation or right B. holding that exclusionary rule only requires exclusion of evidence obtained in violation of constitutional rights and that exclusion of evidence obtained in violation of statutory rights is not necessarily required C. holding that a violation of 6103 does not require the application of the exclusionary rule D. holding that because code 19260 a procedural statute did not expressly provide a right of suppression of evidence a violation of that provision did not require application of the exclusionary rule in the absence of a constitutional violation E. holding a statutory violation insufficient to justify imposition of the exclusionary rule absent an underlying constitutional violation or right or evidence that congress intended exclusion as a remedy

assistant: The best answer is D. holding that because code 19260 a procedural statute did not expressly provide a right of suppression of evidence a violation of that provision did not require application of the exclusionary rule in the absence of a constitutional violation
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: by rejecting any change , you are agreeing that you will arbitrate any dispute between you and niantic in accordance with the provisions of this `` dispute resolution '' section as of the date you first accepted these terms ( or accepted any subsequent changes to these terms ) .

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: panel which included jurors already selected to serve in another case. Sanders I, 911 S.W.2d at 229. Because the other jurors were removed from the venire before voir dire and appell ex. App.—Houston [14th Dist.] 1994, pet. ref'd) (noting that appellant should be foreclosed from raising points of error on remand not asserted in original brief). We agree. Where an appellant files a brief in the court of appeals and the cause is subsequently remanded to that court by the court of criminal appeals, the only new issues that should be briefed are those issues raised as a result of the opinion by the court of criminal appeals, its application on remand, and any subsequent authorities on the issues that had previously been presented. Cf. Bell v. State, 956 S.W.2d 560, 561 (Tex.Crim.App.1997) (<HOLDING>); Texas Dep’t of Transp. v. Cotner, 877 S.W.2d Options: A. holding that an issue is abandoned when not raised in an appellate brief B. holding that an issue first argued in a reply brief is not properly before a court of appeals C. holding a new constitutional challenge not raised in district court was not properly before court of appeals D. holding that an argument raised only in fact section of opening brief and in reply brief is not properly raised E. holding that appellant is not entitled to file new brief unless issue is raised by court of criminal appeals

assistant: The best answer is E. holding that appellant is not entitled to file new brief unless issue is raised by court of criminal appeals
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: for the sentence. He contends that the district court failed to explain the denials of his request to impose a lower sentence on the basis that he had been rehabilitated while serving a sentence in state prison and his request that the court sentence him using the range set forth in a rejected fast-track plea offer. The district court adequately explained the reasons for the sentence. See United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). The court addressed Cabrera’s argument related to his state sentence, and the district court was not required to address Cabrera’s frivolous argument that he should receive a sentence based on a rejected fast-track plea agreement. See Carty, 520 F.3d at 992-93; cf. United States v. Gonzalez-Zotelo, 556 F.3d 736, 739-41 (9th Cir.2009) (<HOLDING>). Cabrera also contends that the sentence is Options: A. holding that any disparity between the defendants sentence and sentences imposed in fasttrack districts was considered appropriately as a single and not controlling factor B. holding that any disparity between the defendants sentence and those available or imposed in fasttrack jurisdictions was considered appropriately as a single and not controlling factor C. holding that the district court erred when it used rule 36 to amend the defendants sentence to include an order of forfeiture that had been agreed to in the plea agreement but which the court failed to make a part of its judgment at sentencing D. holding that district court plainly erred when it decided to impose a sentence comparable to a fasttrack sentence where the defendant did not enter into a fasttrack plea agreement E. holding that the sentence disparities arising from fasttrack programs do not make the defendants sentence unreasonable

assistant: The best answer is D. holding that district court plainly erred when it decided to impose a sentence comparable to a fasttrack sentence where the defendant did not enter into a fasttrack plea 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 legal provision and list the applicable contract clause categories. Provision: Subject to Section 8.D, Executive’s employment with the Company is “at-will” and may be terminated at any time by either Executive or the Company for any reason (or no reason) in accordance with this Agreement, which will also result in the Term ending, by the party seeking to terminate Executive’s employment providing written notice of such termination to the other party; provided, however, that in the event that Executive gives notice of termination to the Company, the Company may, in its sole discretion, make such termination effective earlier than any notice date.

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 case excerpt and choose the best holding from the options. Case excerpt: a critical rule is that which stops a court from rewriting the contract when the intent of the parties is evident. Thus, if the language of the policy’s provisions is clear and unambiguous, a court may not “resort to construction of that language.” Karabin v. State Auto. Mut. Ins. Co., 10 Ohio St.3d 163, 167, 462 N.E.2d 403 (1984). How- • ever, in cases where the wording of an insurance contract or policy is doubtful or ambiguous, the contract is construed in a manner most favorable to the insured. Burdett, 419 F.2d at 248. Ambiguity is said to exist “only where a term cannot be determined from the four corners of the agreement or where contract language is susceptible to two or more reasonable interpretations.”’ Potti v. Duramed Pharmaceuticals, Inc., 938 F.2d 641, 647 (6th Cir.1991) (<HOLDING>) (citing Bahamas Agr. Indus. Ltd. v. Riley Options: A. holding that indiana courts will only engage in statutory interpretation if the language of the statute is ambiguous B. holding that court may not use extrinsic evidence unless contract language is ambiguous C. holding that when relevant contract language is ambiguous interpretation is turned over to the factfinder D. holding that extrinsic evidence of the parties course of conduct may be considered where the contract language is ambiguous E. holding that rules of contract construction are to be applied where the language used is ambiguous

assistant: The best answer is C. holding that when relevant contract language is ambiguous interpretation is turned over to the factfinder
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: argues that this Court should join those courts that have held a debtor’s remainder interest in a spendthrift trust upon termination of the trust is part of the bankruptcy estate. See In re Britton, 300 B.R. 155 (Bankr.D.Conn. 2003); In re Crandall, 173 B.R. 836 (Bankr.D.Conn.1994); Matter of Strasma, 26 B.R. 449 (Bankr.W.D.Wis.1983). Plaintiff insists that if the debtor holds an interest in the corpus of a spendthrift trust upon its termination, “then those funds cannot, by the plain language of the trust, be subject to the spendthrift clause which ne sylvania law to provide spendthrift protection to debtor’s remainder interest in the corpus of a trust and to exclude the debtor’s interest in the corpus from the bankruptcy estate); In re Katz, 220 B.R. 556, 565 (Bankr.E.D.Pa. 1998) (<HOLDING>); cf. In re Will of Rintz, 2007 Phila. Ct. Com. Options: A. holding that when the debtors entire interest in a trust was protected by a valid spendthrift provision the debtor could not assign his interest in either the principal or the income before they were distributed B. holding that a spendthrift clause in a trust did not preclude accrued income from being paid to a beneficiarys personal representatives C. holding that the interest of the public especially the debtor and creditors could limit compensation to a debtors counsel D. holding that attempted conveyance of remainder interest in a trust was invalid because the spendthrift provision prohibited beneficiary from making any binding commitment of principal or income during the life of the trust E. holding that the beneficiary of a trust was not the real party in interest regarding rights owned by the trust

assistant: The best answer is A. holding that when the debtors entire interest in a trust was protected by a valid spendthrift provision the debtor could not assign his interest in either the principal or the income before they were distributed
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be deemed to be a contract under the Laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. Each standby Letter of Credit issued under this Agreement shall be subject either to the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce (the “ ICC ”) at the time of issuance (“ UCP ”) or the rules of the International Standby Practices (ICC Publication Number 590) (“ ISP98 ”), as determined by the Issuing Lender, and each trade Letter of Credit shall be subject to UCP, and in each case to the extent not inconsistent therewith, the Laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding the foregoing provisions, and except as otherwise provided in Section 5.9 , the registration rights provided in Article V of this Agreement shall terminate at such time (a) as the Registrable Securities Beneficially Owned by each Altor Investor may be sold without restriction pursuant to Rule 144 under the Securities Act, and (b) the Altor Group, in the aggregate, Beneficially Owns less than five percent (5%) of the outstanding shares of Ampco Common Stock.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: VERICEL will own all data and records created by VERICEL or any of its Affiliates related exclusively to the Business and generated in connection with the performance of the Services (the “ Data ”). GENZYME will and hereby does, without further consideration, assign (and will cause its Affiliates to assign) to VERICEL any and all right, title or interest that GENZYME or its Affiliates may possess in or to the Data. Upon VERICEL’s request, GENZYME will provide VERICEL with copies of the Data in the format in which such Data is generated.

assistant: Intellectual Property
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: (i) There is no action, suit, proceeding or investigation pending or, to the best knowledge of the Borrower, threatened, against the Borrower before any Governmental Authority and (ii) the Borrower is not subject to any order, judgment, decree, injunction, stipulation or consent order of or with any Governmental Authority that, in the case of either of the foregoing clauses (i) and (ii) , (A) asserts the invalidity of this Agreement or any other Transaction Document, (B) seeks to prevent the grant of a security interest in any Collateral by the Borrower to the Administrative Agent, the ownership or acquisition by the Borrower of any Pool Receivables or other Collateral or the consummation of any of the transactions contemplated by this Agreement or any other Transaction Document, (C) seeks any determination or ruling that could materially and adversely affect the performance by the Borrower of its obligations under, or the validity or enforceability of, this Agreement or any other Transaction Document or (D) individually or in the aggregate for all such actions, suits, proceedings and investigations could reasonably be expected to have a Material Adverse Effect.

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: word is not subject to cross-examination; and he is not available in order that his demeanor and credibility may be assessed by the jury. [Chambers v. Mississippi, 410 U.S. 284, 298, 93 S.Ct. 1038, 1047, 35 L.Ed.2d 297 (1973) citing California v. Green, 399 U.S. 149, 158, 90 S.Ct. 1930, 26 L.Ed.2d 489 (1970).] However, there exist a number of exceptions to the hearsay rule that provide for the admission of statements because they exhibit certain indicia of reliability that overcome or outweigh the normal risks associated with the inherent dangers of hearsay statements. Thus where statements display “a circumstantial probability of trustworthiness,” 5 Wigmore, supra §§ 1420-22, they are generally admissible. See, e. g., Nicholson v. United States, D.C. App., 368 A.2d 561 (1977) (<HOLDING>). The declaration against penal interest Options: A. holding in a criminal case that a statement by an unavailable declarant was not admissible as a declaration against his penal interest and was not admissible under rule 804b5 either B. holding hearsay admissible in revocation hearings C. holding spontaneous utterance admissible D. holding that even in separate trial other crimes evidence would not have been admissible and identification testimony would have been admissible E. holding inconsistent out of court statements otherwise admissible not admissible against government in criminal prosecution

assistant: The best answer is C. holding spontaneous utterance admissible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Unless there shall occur and be continuing any Event of Default, and Collateral Agent has provided written notice to Borrower thereof, each Pledgor shall have the right to commence and prosecute in its own name, as the party in interest, for its own benefit and at the sole cost and expense of the Pledgors, such applications for protection of the Intellectual Property Collateral and suits, proceedings or other actions to prevent the infringement, counterfeiting, unfair competition, dilution, diminution in value or other damage as are necessary to protect the Intellectual Property Collateral or any part thereof. Upon the occurrence and during the continuance of any Event of Default and upon delivery of written notice thereof from Collateral Agent to Borrower, but subject to the last sentence of this Section 6.4 , each Pledgor’s right provided in the immediately preceding sentence shall cease immediately. Upon the occurrence and during the continuance of any Event of Default, Collateral Agent shall have the right but shall in no way be obligated to file applications for protection of the Intellectual Property Collateral and/or bring suit in the name of any Pledgor, Collateral Agent or the Secured Parties to enforce the Intellectual Property Collateral and any license thereunder. In the event of such suit, upon the occurrence and during the continuance of any Event of Default, each Pledgor shall, at the reasonable request of Collateral Agent, do any and all lawful acts and execute any and all documents reasonably requested by Collateral Agent in aid of such enforcement, and the Pledgors shall promptly reimburse and indemnify Collateral Agent, as the case may be, for all reasonable and documented costs and expenses incurred by Collateral Agent in the exercise of its rights under this Section 6.4 in accordance with Section 13.03 of the Credit Agreement. In the event that Collateral Agent shall elect not to bring suit to enforce the Intellectual Property Collateral, each Pledgor agrees, at the reasonable request of Collateral Agent, and upon the occurrence and during the continuance of any Event of Default, to take all commercially reasonable actions necessary, whether by suit, proceeding or other action, to prevent the infringement, counterfeiting, unfair competition, dilution, diminution in value of or other damage to any of the Intellectual Property Collateral by others and for that purpose agrees to diligently maintain any suit, proceeding or other action against any Person so infringing necessary to prevent such infringement.

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 legal provision and list the applicable contract clause categories. Provision: Except for the System Leases, the CREZ Lease and any other Lease, the Borrower will not, nor will it cause or permit any Subsidiary to, enter into any arrangement providing for the leasing by the Borrower or any Subsidiary of real or personal property which has been or is to be Transferred by the Borrower or such Subsidiary to a lender or investor or to any Person to whom funds have been or are to be advanced by such lender or investor on the security of such property or rental obligations of the Borrower or any Subsidiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Corporation expressly confirms and agrees that it has entered into this Agreement and assumed the obligations imposed on Corporation hereby in order to induce Director to continue as a director of Corporation, and acknowledges that Director is relying upon this Agreement in continuing in such capacity.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. A set of counterparts executed by all the parties hereto shall be lodged with US Company, the Borrowers and the Administrative Agent. Delivery of an executed counterpart hereof by facsimile or other electronic transmission shall be as effective as delivery of an original executed counterpart hereof.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the corporate entity, “shareholders similarly situated” means all shareholders. In contrast, Richard argues that he represents only the group of shareholders represented by himself, his brother, and their immediate families. Therefore, according to Richard, the trial court should have determined whether he fairly and adequately represented the interests of only those who indicated their support for him. To determine who is a similarly situated shareholder, we turn to federal law for guidance. See Kaufmann, 465 N.E.2d at 209. Generally, derivative actions are pursued by minority shareholders. 7C ChaRLes Alan Wright, ArthuR R. Miller, and Mary Kay Kane, Federal PRACTICE and Procedure, § 1833 at 138 (2d ed.1986); See also Halsted Video, Inc. v. Guttillo (1987), N.D.Ill., 115 F.R.D. 177 (<HOLDING>). “If the majority shareholders desire to Options: A. holding that derivative actions do not require the support of a majority of shareholders or even all of the minority shareholders B. holding a shareholders derivative action even where the only relief allowed is a recovery of damages is nevertheless a suit in equity and not an action at law C. holding majority shareholder liable when he used his control of the board for the malicious purpose of preventing dividends and otherwise lowering the value of the stock of the minority shareholders D. holding minority shareholders to be forced sellers for the purpose of 10b because corporation forced shareholders to sell their shares for cash or else realize no value from the stock E. holding that the trustee could not bring a claim against sole shareholders of bankrupt corporation where shareholders had not looted or otherwise injured the corporation

assistant: The best answer is A. holding that derivative actions do not require the support of a majority of shareholders or even all of the minority shareholders
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: Interest is payable monthly in arrears on the last calendar day of each month and shall be computed on the basis of a 360-day year for the actual number of days elapsed. In computing interest, (i) all payments received after 12:00 noon Pacific time on any day shall be deemed received at the opening of business on the next Business Day, and (ii) the date of the making of any Credit Extension shall be included and the date of payment shall be excluded; provided , however , that if any Credit Extension is repaid on the same day on which it is made, such day shall be included in computing interest on such Credit Extension.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of the employment relationship is for 2 years after the Effective Date (the “ Term ”). This Agreement shall automatically renew for an additional one-year term unless a termination notice is provided in writing to the other party 30 days prior to the expiration of the Term. The Term may however be terminated earlier as set forth in section 6 below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: In its February 14, 2005, ruling on this issue, based on review of the responses to the juror questionnaires and consideration of the parties’ arguments, the court concluded that Johnson had not yet been able to meet the high threshold of proof required to show that this was one of the rare and extreme cases in which the court could presume inherent prejudice based on pretrial publicity at the first tier of the analysis of a motion for a change of venue pursuant to Rule 21(a). See, e.g., United States v. Nelson, 347 F.3d 701, 707-08 (8th Cir.2003) (stating this two-tiered analysis for appellate review), cert. denied, — U.S. -, 125 S.Ct. 486, 160 L.Ed.2d 355 (2004). In that ruling, the court concluded, further, tha 1662124, *1 (Mass.Ct.App. Dec. 28, 2001) (unpublished table decision) (<HOLDING>). Thus, the court finds that Johnson waived Options: A. holding that a change of venue has no affect on the applicable state law and that change of venue is but a change of courtrooms B. holding that the issue of change of venue was waived where the defendants motion for a change of venue was denied without prejudice to its renewal during jury selection but the motion was not renewed during empanelment of the jury C. holding that where a defendant if given the opportunity to renew a motion for a change of venue immediately prior to trial but fails to do so the right to challenge venue is waived D. holding in a capital case that the defendant waived his argument that the trial court erred when it denied his motion for a change of venue where the trial court took the motion under advisement but the defendant failed to seek a ruling on the motion and failed to renew the motion after the jurors had been qualified E. holding that the defendant must renew a motion for a change of venue after voir dire to preserve the issue for appeal

assistant: The best answer is B. holding that the issue of change of venue was waived where the defendants motion for a change of venue was denied without prejudice to its renewal during jury selection but the motion was not renewed during empanelment of the jury
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: action,” id. at 899, 110 S.Ct. 3177, and therefore held that NWF’s claim could not be reviewed under the APA. See id. at 892-93, 110 S.Ct. 3177. Like the “program” in Lujan, the “efforts” that IPAA seeks to challenge do not refer to any particular action taken by DOI, much less to any particular order, regulation, or completed universe of orders or regulations. Cf. Sierra Club v. Peterson, 228 F.3d 559, 566 (5th Cir.2000) (en banc) (“This is not a justiciable challenge because the program of timber management to which the environmental groups object does not mark the consummation of the agency’s decisionmaking process ... or constitute an identifiable action or event.” (internal citations and quotations omitted)); Foundation on Econ. Trends v. Lyng, 943 F.2d 79, 86-87 (D.C.Cir.1991) (<HOLDING>). Instead, IPAA seeks to litigate the type of Options: A. holding that the rod and eis for a program were final agency action B. holding that ftc issuance of a complaint meets the apa definition of order and therefore is agency action even if not final agency action C. holding that a plaintiffs complaint concerning the department of agricultures germplasm preservation program did not challenge agency action under the apa D. holding that apa 702s waiver of sovereign immunity applies regardless of whether the challenged agency action constitutes final agency action E. holding that the designation of the rod as final agency action under the apa is generally recognized

assistant: The best answer is C. holding that a plaintiffs complaint concerning the department of agricultures germplasm preservation program did not challenge agency action under the apa
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 Debtor, subject to entry the Financing Order (or any interim Financing Order that may be entered by the Court), has the requisite power and authority and the legal right to own, pledge, mortgage or otherwise bind the Debtor and encumber the property of the estate in the Bankruptcy Case pursuant to the terms of this Agreement and the Debtor owns the Collateral.

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 case excerpt and choose the best holding from the options. Case excerpt: action if caused by a person not having available the defense of sovereign immunity. An action shall not be barred and the defense of sovereign immunity shall not be raised to claims for: [Listing eight areas of limited waiver of sovereign immunity containing, inter alia:] “(4) Commonwealth real estate, highways and sidewalks. — Damages caused by a dangerous condition of Commonwealth real estate and sidewalks, including Commonwealth-owned real property, leaseholds in the possession of the Commonwealth and Commonwealth real property leased to private persons, and highways under the jurisdiction of Commonwealth agencies except as limited in paragraph (5).” (Emphasis supplied.) Thus, the Commonwealth concludes that neither Mayle v. Pa. Dept. of Highways, 479 Pa. 384, 388 A. 2d 709 (1978) (<HOLDING>), nor the Soveriegn Immunity Act created new Options: A. holding that errors or mistaken belief regarding applicable law did not estop the commonwealth from collecting taxes legally due B. holding that ujnlike for local agency employees willful misconduct does not vitiate a commonwealth employees immunity because sovereign immunity protects a commonwealth employee acting within the scope of his or her employment from liability even for intentional torts C. holding that school districts do not share in the commonwealth of pennsylvanias eleventh amendment sovereign immunity because they are not alter egos of the commonwealth D. holding that the doctrine of sovereign immunity in the commonwealth resulted from a mistaken view of the law by earlier courts E. holding that the commission is a commonwealth agency entitled to sovereign immunity

assistant: The best answer is D. holding that the doctrine of sovereign immunity in the commonwealth resulted from a mistaken view of the law by earlier courts
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: overreaching, or compromised independence). We do not presume to draft precise disclaimers for each of appellants’ four claims; we leave that task to the agency in the first instance. Nor do we rule out the possibility that where evidence in support of a claim is outweighed by evidence against the claim, the FDA could deem it incurable by a disclaimer and ban it outright. For example, if the weight of the evidence were against the hypothetical claim that “Consumption of Vitamin E reduces the risk of Alzheimer’s disease,” the agency might reasonably determine that adding a disclaimer such as “The FDA has determined that no evidence supports this claim” would not suffice to mitigate the claim’s misleadingness. Cf. FTC v. Brown & Williamson Tobacco Corp., 778 F.2d 35, 42-43 (D.C.Cir.1985) (<HOLDING>). Finally, while we are skeptical that the Options: A. holding that defendants statement that it owned the rights to a trademark did not give rise to a false advertising claim under the lanham act B. holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim C. holding that there must be a causal connection between an insureds advertising and an alleged injury to trigger coverage for an advertising injury D. holding that both lanham act false advertising claim and a false advertising claim made under section 349 or section 350 require a showing that the advertisement was false or misleading E. holding that while under a false association claim parties need not be direct competitors under a false advertising claim they do

assistant: The best answer is B. holding in a false advertising case under the lanham act that a proposed disclaimer would not suffice to cure the misleadingness of an advertising claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: It was quite impossible for his attorney to timely file his appellate brief. However, even if the errors of his counsel had contributed to the delay, Zetino’s due process claim would still fail. Unlike both Singh and Rojas-Garcia, Zetino cannot point to anyone but himself to explain the untimeliness of his brief. We cannot conclude that by missing the deadline he had successfully extended he somehow deprived himself of due process. To hold to the contrary would mean that when the BIA enforced the previously extended filing deadline known to the petitioner the proceeding became fundamentally unfair. Such a holding would be contrary to existing due process jurisprudence addressing filing deadlines. See, e.g., United States v. Locke, 471 U.S. 84, 101, 105 S.Ct. 1785, 85 L.Ed.2d 64 (1985) (<HOLDING>). Nevertheless, we have held an alien’s due Options: A. holding that 18month delay in filing forfeiture action did not violate due process B. holding that doctrine does not violate due process C. holding that warning letter that incorrectly stated penalty for reentry did not violate due process D. holding that a filing deadline under federal land policy and management act carrying a penalty of an automatic forfeiture of a mining claim did not violate due process E. holding that the act does not violate separation of powers is not void for vagueness and does not violate principles of due process by allowing a victim veto precluding application of the act

assistant: The best answer is D. holding that a filing deadline under federal land policy and management act carrying a penalty of an automatic forfeiture of a mining claim did not violate due process
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 waiver by Company of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by Company of any right under this Agreement shall be construed as a waiver of any other right.

assistant: Waivers