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 legal provision and list the applicable contract clause categories. Provision: The Loans shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Interest Rate. Interest on the Loans shall be payable in arrears on the last Business Day of each fiscal quarter of the Loan Parties’ fiscal year with respect to Domestic Rate Loans and, with respect to LIBOR Rate Loans, at the end of each Interest Period; provided , that all accrued and unpaid interest shall be due and payable on the Maturity Date. Interest charges shall be computed on the actual principal amount of Loans outstanding during the month at a rate per annum equal to the Interest Rate. Except as expressly provided otherwise in this Agreement, any Obligations other than the Loans that are not paid when due shall accrue interest at the Interest Rate for Domestic Rate Loans, subject to the provision of the final sentence of this Section 3.1 regarding the Default Rate. Whenever, subsequent to the date of this Agreement, the Alternate Base Rate is increased or decreased, the Interest Rate shall be similarly changed without notice or demand of any kind by an amount equal to the amount of such change in the Alternate Base Rate during the time such change or changes remain in effect. The LIBOR Rate shall be adjusted with respect to the LIBOR Rate Loans without notice or demand of any kind on the effective date of any change in the Reserve Percentage as of such effective date. Immediately and automatically without the requirement of any affirmative action by any party, upon and after the occurrence of an Event of Default, and during the continuation thereof, at the option of Administrative Agent or at the direction of Required Lenders, the Obligations shall bear interest at the Interest Rate for Domestic Rate Loans plus two percent (2%) per annum (the “ Default Rate ”).

assistant: Interests
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 Optionee acknowledges that a waiver by the Corporation of breach of any provision of this Agreement shall not operate or be construed as a waiver of any other provision of this Agreement, or of any subsequent breach by the Optionee.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: by the statute of limitations or one year, whichever is longer. See Ark. Code Ann. § 16-56-126 (1987); Elzea v. Perry, 340 Ark. 588, 12 S.W.3d 213 (2000). Pentz filed his present complaint within the time allowed by the statute of limitations. When a complaint is filed subsequent to a nonsuit of the same complaint, it is well established under Arkansas law that, even though the prior complaint may have been a compulsory counterclaim to a claim brought within the original suit, it is not barred by res judicata. Our supreme court has clearly held that the nonsuiting of a complaint or a counterclaim prevents the application of res judicata due to the absolute right of a party to nonsuit that is granted under Ark. R. Civ. P. 41. See Lemon v. Laws, 305 Ark. 143, 806 S.W.2d 1 (1991) (<HOLDING>); Linn v. NationsBank, 341 Ark. 57, 14 S.W.3d Options: A. holding that insured who brought third party action against insurer could recover costs incurred in defending insurers counterclaim for declaratory relief since the insureds posture in the counterclaim was that of a defendant B. holding that district court did not abuse its discretion in considering merits of state law counterclaim that formed part of the same case as federal counterclaim even though court had dismissed federal counterclaim quoting 28 usc 1367a C. holding that lessees fraud in the inducement claim should have been pleaded as a compulsory counterclaim where lessors original claim was for breach of the lease D. holding that a nonsuited malpractice claim which would be a compulsory counterclaim to the claim for attorneys fees which was presented as a counterclaim could be filed again without res judicata consequences E. holding that a cross claim or counterclaim for affirmative relief must be filed before the statute of limitations expires because a claim is not stripped of its character as an independent action by acquiring the label counterclaim

assistant: The best answer is D. holding that a nonsuited malpractice claim which would be a compulsory counterclaim to the claim for attorneys fees which was presented as a counterclaim could be filed again without res judicata consequences
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: experimentation in the courts and, thus, leave the birth mother as the legal mother unless and until another parent adopts the child. Complex innovations like assisted reproduction are best addressed by legislatures-which can enact comprehensive, cohesive regulations, unlike courts' piecemeal decisions made through particular cases. Indeed, many jurisdictions now regulate alternative means of reproduction, eg., 750 Ill. Comp. Stat, Ann. 47 (West 2009); Tex. Fam.Code Ann. §§ 160.754-.757 (West 2008), and we have recognized the wisdom of such "formalities and protections" that safeguard not only the prospective parents but also the children that are created. See Straub v. B.M.T. by Todd, 645 N.E.2d 597, 601 (Ind.1994); cf. In re Adoption of Infants H., 904 N.E.2d 203, 207-08 (Ind.2009) (<HOLDING>). But this particular case makes it unnecessary Options: A. holding evidence insufficient to terminate mothers parental rights under section c because mother made arrangements for adequate support of children evidence showed mother left children with father who maintained steady employment and adequately supported children mother knew that father would provide adequate support and mother left children pursuant to agreed divorce decree B. holding evidence legally and factually sufficient under sections d and e to terminate mothers parental rights based in part on evidence that mother placed children with father who lived transient lifestyle with children C. holding the prospective adoptive father of surrogate children did not comply with the interstate compact on the placement of children D. holding wife unreasonably exposed neighbors children to danger because she invited the children over in spite of knowing her husband had molested children in the past E. holding fathers pleadings representing himself to be the father of the children constituted a judicial admission

assistant: The best answer is C. holding the prospective adoptive father of surrogate children did not comply with the interstate compact on the placement of children
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 AND EACH OTHER LOAN PARTY IRREVOCABLY AND UNCONDITIONALLY AGREES THAT IT WILL NOT COMMENCE ANY ACTION, LITIGATION OR PROCEEDING OF ANY KIND OR DESCRIPTION, WHETHER IN LAW OR EQUITY, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, AGAINST THE ADMINISTRATIVE AGENT, ANY LENDER, THE L/C ISSUER, OR ANY RELATED PARTY OF THE FOREGOING IN ANY WAY RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT OR THE TRANSACTIONS RELATING HERETO OR THERETO, IN ANY FORUM OTHER THAN THE COURTS OF THE STATE OF CALIFORNIA SITTING IN SANTA CLARA COUNTY AND OF THE UNITED STATES DISTRICT COURT OF THE NORTHERN DISTRICT OF CALIFORNIA, AND ANY APPELLATE COURT FROM ANY THEREOF, AND EACH OF THE PARTIES HERETO IRREVOCABLY AND UNCONDITIONALLY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND AGREES THAT ALL CLAIMS IN RESPECT OF ANY SUCH ACTION, LITIGATION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH CALIFORNIA STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN SUCH FEDERAL COURT. EACH OF THE PARTIES HERETO AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION, LITIGATION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. NOTHING IN THIS AGREEMENT OR IN ANY OTHER LOAN DOCUMENT SHALL AFFECT ANY RIGHT THAT THE ADMINISTRATIVE AGENT, ANY LENDER OR THE L/C ISSUER OR ANY RELATED PARTY OF THE FOREGOING MAY OTHERWISE HAVE TO BRING ANY ACTION OR PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT AGAINST THE BORROWER OR ANY OTHER LOAN PARTY OR ITS PROPERTIES IN THE COURTS OF ANY JURISDICTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the government’s motion to dismiss the appeal and affirm the district court’s restitution order. AFFIRMED. 1 . With respect to restitution generally, the plea agreement stated that “defendant agrees to the entry of a Restitution Order for the full amount of the victims' losses as determined by the Court," and provided that within thirty days after sentencing Appellant and Aida Zia-deh would deliver a note payable to the government in the full amount of restitution ordered by the district court, and notes that the district court wo ir.1996) (stating issues not addressed in brief or oral argument are waived); 11126 Baltimore Blvd., Inc. v. Prince George’s County, Md., 58 F.3d 988, 993 n. 7 (4th Cir.1995) (same); United States v. Williams, 378 F.2d 665, 666 (4th Cir.1967) (per curiam) (<HOLDING>). 4 . Furthermore, at the sentencing hearing, Options: A. holding that claims made but not argued in a brief are waived B. holding issues argued orally but not addressed in brief were waived C. holding that an issue mentioned in a brief but not addressed is waived D. holding that issues not specifically raised and argued in a partys opening brief are waived E. holding that issues not argued in initial brief are deemed waived

assistant: The best answer is B. holding issues argued orally but not addressed in brief were waived
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Except as otherwise provided herein, if you terminate service with the Company and/or its Subsidiaries prior to the Vesting Determination Date, you will forfeit any Awarded Shares that are scheduled to vest on or after such termination of service date. When you forfeit Awarded Shares, all of your interest in the unvested Awarded Shares will be canceled and any stock certificate or other evidence of ownership must be returned to the Committee or to the Company. You agree to take any action and execute and deliver any document that the Company requests to effect the return of your unvested Awarded Shares. In the event you do not cooperate with the Company in this regard, you hereby appoint and designate the Company as your attorney-in-fact for the purpose of taking any action and signing any document, in your name, which the Company determines is necessary to enforce the forfeiture.

assistant: Forfeitures
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: vacated on other grounds, 516 U.S. 1105, 116 S.Ct. 900, 133 L.Ed.2d 834 (1996); see also United States v. Scafe, 822 F.2d 928, 932 (10th Cir.1987) ("A defendant t.Ct.App.1994) (reversing for failure to instruct on justifiable use of nondeadly force, noting "it is the nature of the force and not the end result that must be evaluated”); White v. Commonwealth, 333 S.W.2d 521, 524 (Ky.1960) ("[Wjhere no deadly weapons are involved and the defendant is entitled to an instruction on involuntary manslaughter, an unintentional homicide, he is entitled to a further instruction on the theory of defense against ordinary assault and battery, against the menace of mere bodily harm as distinguished from the threat of death or great bodily harm.’’); State v. Hare, 575 N.W.2d 828, 833 (Minn.1998) (<HOLDING>). We cannot therefore agree with the dissent Options: A. holding that illegal use of a weapon is one of the predicate offenses for manslaughter where there is no intent to cause death or great bodily harm B. holding that although the first shot might have been justified in selfdefense a second shot to the victims body cannot be so justified when danger of death or great bodily harm ceases C. holding that where use of reasonable nondeadly force causes death defendant entitled to instruction on selfdefense D. holding it error to give selfdefense instruction requiring that defendant believe his actions were necessary to avert death or great bodily harm when defendant claimed that the victims death was accidental E. holding that when both parties agree that the facts of the case entitled defendant to a selfdefense instruction failing to so instruct the jury was error

assistant: The best answer is D. holding it error to give selfdefense instruction requiring that defendant believe his actions were necessary to avert death or great bodily harm when defendant claimed that the victims death was accidental
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 costs and expenses incurred by the Parties in connection with defense of any claim described in Section 6.4.1 shall be [***], unless otherwise agreed in writing by the Parties. For clarity, this Section 6.4.2 is intended to address [***], and if as a result of any such defense of such claim in the [***] Territory, Celgene [***], Section 5.4.2 may apply to [***].

assistant: Costs
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: applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252. Reviewing for substantial evidence, Lim v. INS, 224 F.3d 929, 933 (9th Cir.2000), we deny in part and dismiss in part the petition for review. Diaz-Vicente testified that guerrillas in Guatemala wanted to kill his father because his father was a member of the military and that the guerrillas twice confronted Diaz-Vicente and threatened to kill him if they learned that he had lied to them about his father’s whereabouts. The record does not compel the conclusion that the threats against Diaz-Vicente constituted past persecution, or that the threats were linked to a protected ground. See id., 224 F.3d at 936 (<HOLDING>) (citation omitted); Molina-Estrada v. INS, 293 Options: A. holding that threats standing alone generally do not constitute past persecution B. holding that harassment threats and one beating did not constitute persecution C. recognizing that although threats may serve as the basis for a wellfounded fear of future persecution tjhreats themselves are sometimes hollow and while uniformly unpleasant often do not effect significant actual suffering or harm D. holding that threats standing alone constitute past persecution in only a small category of cases and only when the threats are so menacing as to cause significant actual suffering or harm E. holding that threats to inflict financial or personal harm are not true threats where no ones personal safety is threatened

assistant: The best answer is D. holding that threats standing alone constitute past persecution in only a small category of cases and only when the threats are so menacing as to cause significant actual suffering or harm
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: sort whatsoever, beyond that construction, alteration, repair, or modification that is otherwise required by other provisions of law, to any new or existing establishment, facility, building, improvement, or any other structure, nor shall anything in this section be construed to augment, restrict, or alter in any way the authority of the State Architect to require construction, alteration, repair, or modifications that the State Architect otherwise possesses pursuant to other laws. With respect to the Unruh Act claim, Target notes that there are only a few contexts in which an Unruh Act claim can exist independent of an ADA claim. It contends that the facts presented here are not one of those contexts. Compare Chabner v. United of Omaha Life Ins. Co., 225 F.3d 1042,1047 (9th Cir.2000) (<HOLDING>) with Molski v. M.J. Cable, Inc., 481 F.3d 724, Options: A. holding that insurance policy that discriminated against the disabled did not violate the ada but did independently violate the unruh act B. holding that the discharge of an employee hospitalized for illness did not violate public policy C. holding that qualified immunity applies if either a the defendants action did not violate clearly established law or b it was objectively reasonable for the defendant to believe that his action did not violate such law internal quotation marks omitted D. holding that an entity that serves the disabled lacks standing under the ada E. holding that an employer did not regard the plaintiff as disabled

assistant: The best answer is A. holding that insurance policy that discriminated against the disabled did not violate the ada but did independently violate the unruh act
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: neither equivocally requesting, nor having appointed, nor receiving the services of an attorney invokes the right to counsel for the purposes of a custodial interrogation. It takes an unequivocal invocation of such right. ¶ 145. To reach their desired result, Justices Roggensack and Prosser need not misapply our precedent and that of the United States Supreme Court, as they have done here, because, as we have done in certain unique circumstances, there are established methods through which we may depart from federal constitutional rulings. For example, we may examine a parallel provision of the Wisconsin Constitution to determine whether it provides protections not afforded under the United States Constitution. See e.g., State v. Hansford, 219 Wis. 2d 226, 241-43, 580 N.W.2d 171 (1998) (<HOLDING>) (citing Williams v. Florida, 399 U.S. 78 Options: A. holding that the mandatory nature of the united states sentencing guidelines resulted in violations of the sixth amendment right to a jury trial and rendering the guidelines advisory B. holding the sixth amendment right to a jury trial applies to the states through the fourteenth amendment C. holding that there is no sixth amendment right to jury sentencing D. holding that article i section 7 required a 12person jury trial despite the united states supreme courts decision that the sixth amendment jury trial right did not E. recognizing the right to waive a jury trial

assistant: The best answer is D. holding that article i section 7 required a 12person jury trial despite the united states supreme courts decision that the sixth amendment jury trial right did not
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: From and after the Closing, except as specifically provided herein, the sole and exclusive remedy of any Indemnified Party for any breach or failure to be true and correct, or alleged breach or failure to be true and correct, of any representation or warranty in this Agreement, or any breach or violation of any covenant in this Agreement to be performed prior to the Closing, shall be indemnification in accordance with this ARTICLE 10. Notwithstanding the foregoing, this Section 10.7 shall not operate to limit the rights of the Parties to seek equitable remedies (including specific performance or injunctive relief) for a Party’s breach or violation of any covenant in this Agreement or, in the case of a Party’s failure to comply with its indemnification obligations hereunder, any remedies available to it under applicable Law.

assistant: Remedies
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: foreseeable.” Id. at 76; cf. Simpson, 880 So.2d at 1051 (¶ 14); Summers, 759 So.2d at 1214 (¶ 47). “Without knowledge of her husband’s deviant propensities, a wife will not be able to foresee that he poses a danger and thus will not have a duty to take measures to prevent the assault.” Chaney, 46 Cal.Rptr.2d at 76. So we find, in order to establish Perl-man’s duty to protect A.F. from Adkins’s criminal acts, Faul had to produce ev aul offered no proof Perlman should have known of Adkins’s deviant propensities. 1120. In Glover, the minor rape victim’s supervisor knew that the two young men who assaulted her had violent tendencies and had expelled one of them from the youth program the victim attended. Glover, 968 So.2d at 1279 (¶ 40); see also Pamela L., 169 Cal.Rptr. at 284-85 (<HOLDING>). Similarly, in Summers, the injured student Options: A. holding that the bia correctly imputed a parents knowledge that she and her children were not eligible for entry to the united states to her children B. holding that a wife who invited and encouraged children to visit her premises even though she knew that husband had molested women and children in the past and might do so again could be held liable in negligence C. recognizing that because the state has cognizable interests in the safety of children in its jurisdiction neglectful parents may be separated from their children D. holding birth mothers samesex partner was a presumed mother because she received the children into her home and openly held them out as her natural children E. holding wife unreasonably exposed neighbors children to danger because she invited the children over in spite of knowing her husband had molested children in the past

assistant: The best answer is E. holding wife unreasonably exposed neighbors children to danger because she invited the children over in spite of knowing her husband had molested children in the past
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: Has the same meaning as “Change in Control” under the PHH Corporation 2014 Equity and Incentive Plan (without regard to any modification in any “Award Agreement” or “Award Program,” each as defined therein).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: presents or causes to be presented to an officer ... of the United States government ... a false or fraudulent claim for payment or approval ... is liable to the United States government for a civil penalty of not less than Five Thousand Dollars and not more than Ten Thousand Dollars plus three times the amount of damages which the government sustains because of the act of that person____” On the same date there likewise became effective an amendment to 31 U.S.C. § 3731 which provides in part as follows: “In any action brought under § 3730 the United States shall be required to prove all essential elements of the cause of action including damages by a prepo .Iowa 1987) (strictly construing statute to apply prospectively only); United States v. Hill, 676 F.Supp. 1158 (N.D.Fla.1987) (<HOLDING>). In a well-reasoned opinion in Hill, Judge Options: A. holding no retroactive application B. recognizing a general principle that retroactive application of rules is permitted absent any manifest injustice C. holding that retroactive application of amendments will not result in manifest injustice D. holding retroactive application E. holding that retroactive application of statute turns on legislative intent and whether retroactivity works either unconstitutional interference with vested rights or manifest injustice

assistant: The best answer is C. holding that retroactive application of amendments will not result in manifest injustice
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 and the rights and responsibilities hereunder shall not be assigned or delegated by either party without the prior written consent of the other party; provided, however, that PCA shall have the right, without the prior written consent of Mr. West, to assign and transfer its rights under that Agreement to any of its affiliates or any purchaser who acquires all or a substantial part of the assets of its business or capital stock.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Subject to Section 4 hereof, one-third of the Option shall vest and become exercisable as of the first anniversary of the Date of Option Grant (“ Grant Date ”) and an additional one-third of the Option shall vest and become exercisable on each of the second and third anniversaries of the Grant Date. For purposes of this Agreement, the term “ Vested Portion ” of the Option means that portion which: (i) shall have become exercisable pursuant to the terms of this Agreement; (ii) shall not have been previously exercised; and (iii) shall not have expired, been forfeited or otherwise canceled in accordance with the terms hereof or the Plan. For purposes of this Agreement, the term “ Non-Vested Portion ” of the Option means that portion of the Option that is not vested or exercisable and which has not otherwise expired, been forfeited or canceled in accordance with the terms hereof or the Plan.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: we decide the case on this jurisdictional basis, we will not address whether Verde properly exhausted his administrative remedies. 3 . Likewise, our statement that "an order reinstating a prior removal order is the functional equivalent of a final order of removal,” Dinnall v. Gonzales, 421 F.3d 247, 251 n. 6 (3d Cir.2005) (quotation marks omitted), was made in a different context and does not control our decision today. 4 . The District Court correctly explained that in order to file a petition for habeas relief, the petitioner must be in custody. App. 9; see also 28 U.S.C. § 2241(c)(1). Yet it pointed to no such requirement in 8 U.S.C. § 1252, nor did Verde identify any other obstacle to filing a petition for review. See Jordon v. Att'y Gen. of U.S., 424 F.3d 320, 328 (3d Cir.2005) (<HOLDING>). 5 . Verde also contends that the Government Options: A. holding that 1252a4 of the real id act precluded the district court from exercising jurisdiction over the petitioners habeas petition B. holding that because the real id act created a remedy as broad in scope as a habeas petition the act is an adequate substitute for habeas corpus C. recognizing our ability to construe a pretrial habeas petition filed under 2254 as being brought under 2241 D. holding that a habeas petition filed more than 30 days after the effective date of the real id act cannot be transferred to the court of appeals as a petition for review for lack of jurisdiction E. holding that because petitioners habeas petition was converted to a petition for review under the real id act whether jordon was in custody under 2241 is a jurisdictional inquiry no longer relevant to our analysis here

assistant: The best answer is E. holding that because petitioners habeas petition was converted to a petition for review under the real id act whether jordon was in custody under 2241 is a jurisdictional inquiry no longer relevant to our analysis here
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: the service , including , without limitation , instagram content , is provided on an `` as is '' , `` as available '' and `` with all faults '' basis .

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 Borrower will pay to each Indemnitee on demand, to the extent permitted by applicable law, interest on any amount of indemnity not paid when due pursuant to this Section 8 until the same shall be paid, at the Past Due Rate.

assistant: Interests
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: Lender shall not be deemed to have waived any rights under this Agreement unless such wavier is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of a any of Grantor's obligations as to any future transactions. Whenever the Consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Should any part of this Agreement for any reason be declared or held illegal, invalid or unenforceable, such provision or portion of such provision shall be deemed severed herefrom and such determination shall not affect the legality, validity or enforceability of any remaining portion or provision of this Agreement, which remaining portions and provisions shall remain in force and effect as if this Agreement has been executed with the illegal, invalid or unenforceable portion thereof eliminated.

assistant: Severability
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: such deductions were being made. On the other hand, where a deduction not permitted by these interpretations is inadvertent, or is made for reasons other than lack of work, the exemption will not be considered to have been lost if the employer reimburses the employee for such deductions and promises to comply in the future. 29 C.F.R. § 541.118(a)(6)(emphasis added). The employees contend that the window of correction is not available when the employer maintains a “pattern ... or policy of impermissible disciplinary deductions.” The facts found by the district court-coming down to two actual instances of arguably impermissible deductions-would not sustain a finding of such a pattern or policy. In any event, the text of the regulation contains no such limitatio 765, 767 (10th Cir.1997) (<HOLDING>). Application of the window of correction on Options: A. holding under 29 usc 216c B. holding broad disciplinary policy and two deductions under unusual circumstances will not oust exempt status and may be remedied under 29 cfr 541118a6 C. holding that the reinstatement of the right to an election of benefits may be an appropriate equitable remedy under 29 usc 1132a3 D. holding that the finding that entities constitute a single enterprise under 29 usc 203r is separate and distinct from whether an entity is an employer under 29 usc 203d E. holding under flsa 29 usc 216c

assistant: The best answer is B. holding broad disciplinary policy and two deductions under unusual circumstances will not oust exempt status and may be remedied under 29 cfr 541118a6
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 dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Honolulu, Hawaii if the Indemnitee commences the action or proceeding or the State of domicile of the Indemnitee if the Company commences the action or proceeding, in each case, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate.

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: During and after your employment with Artisan, you agree that you will reasonably cooperate with Artisan and its representatives in connection with any action, investigation, proceeding, litigation or otherwise with regard to matters of which you have knowledge as a result of your employment. Artisan will use its reasonable business efforts, whenever possible, to provide you with reasonable advance notice of its need for assistance and will attempt to coordinate with you the time and place at which such assistance is provided to minimize the impact of such assistance on any other material and pre-scheduled business commitment that you may have. The Artisan Group will reimburse you for the reasonable out-of-pocket expenses incurred in connection with such cooperation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that he “pull[ed that figure] out of the air” provided no evidence of damages. Royce Homes, L.P. v. Humphrey, 244 S.W.3d 570, 579-80 (Tex.App.-Beaumont 2008, pet. denied). A homeowner’s testimony that she lost $60,000 when forced to sell her home to pay creditors, was legally insufficient because she failed to explain how she arrived at that conclusion. Lefton v. Griffith, 136 S.W.3d 271, 277 (Tex.App.-San Antonio 2004, no pet.) (noting that court had “no way of knowing” the basis of the homeowner’s estimate). A trailer-park owner’s testimony that he would lose $10,800 in lost leases because of a condemnation was merely a “naked and unsupported ... conclusion” and provided no evidence of diminished value. City of Emory v. Lusk, 278 S.W.3d 77, 88-89 (Tex.App.-Tyler 2009, no pet.) (<HOLDING>). And an owner whose affidavit stated that his Options: A. holding that allegations against nondiverse defendants must be factual not conclusory because conclusory allegations do not state a claim B. holding that a conclusory opinion may be rejected C. holding that conclusory and speculative assertions that an agreement existed between the defendants to accomplish vaguely pleaded torts was insufficient to support a civil conspiracy claim D. holding that testimony was both speculative and conclusory E. holding unobjectedto conclusory testimony insufficient to support judgment

assistant: The best answer is D. holding that testimony was both speculative and conclusory
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 Loan Parties taken as a whole are solvent and are able to pay their debts and other liabilities, contingent obligations and other commitments as they mature in the normal course of business, and the fair saleable value of the Loan Parties assets, taken as a whole and measured on a going concern basis, exceeds all probable liabilities, including those to be incurred pursuant to this Agreement. The Loan Parties taken as a whole do not have unreasonably small capital in relation to the business in which they are or propose to be engaged. The Loan Parties taken as a whole have not incurred, or believe that they will incur debts beyond its ability to pay such debts as they become due. In executing the Loan Documents and consummating the Transactions, none of the Loan Parties intends to hinder, delay or defraud either present or future creditors or other Persons to which one or more of the Loan Parties is or will become indebted. On the Effective Date, the foregoing representations and warranties shall be made both before and after giving effect to the Transactions.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms are an agreement between you and twitter international company , an irish company with its registered office at the academy , 42 pearse street , dublin 2 , ireland .

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: Enter into any arrangement, directly or indirectly, with any person whereby it shall sell or transfer any property, real or personal, used or useful in its business, whether now owned or hereafter acquired, and thereafter rent or lease such property or other property that it intends to use for substantially the same purpose or purposes as the property being sold or transferred, in each case, whether or not treated as a “sale-leaseback” under GAAP (a “ Sale and Leaseback Transaction ”); provided , that a Sale and Leaseback Transaction shall be permitted (a) with respect to property owned (i) by the Borrower or any Subsidiary that is acquired after the Closing Date so long as such Sale and Leaseback Transaction is consummated within 270 days of the acquisition of such property, and (b) with respect to any property owned by the Borrower or any Subsidiary, if at the time the lease in connection therewith is entered into, and after giving effect to the entering into of such lease, the Remaining Present Value of such lease, together with Indebtedness outstanding pursuant to Sections 6.01(k) and the Remaining Present Value of outstanding leases previously entered into under this Section 6.03(b), would not exceed the greater of $150 million and 5.0% of Consolidated Total Assets as of the end of the fiscal quarter immediately prior to the date the lease was entered into for which financial statements have been delivered pursuant to Section 5.04.

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: You will promptly advise the Company, or any person designated by it, of any Invention that you have made or otherwise contributed to or will make or otherwise contribute to during the course of your employment. You acknowledge that any Invention you have made or will make during the course of your employment has or will have been created by you within the scope of your employment with the Company, that the Company has or will have specially ordered and commissioned any results or proceeds of any such Invention as a "work made for hire" under the U.S. Copyright Act, as amended, and all similar laws throughout the world (collectively, " Intellectual Property Law ") and that you intend for the Company to be the sole author and owner of all right, title, and interest in any such Invention in any and all languages, formats and media, whether now known or hereafter created, throughout the world in perpetuity. To the extent that any such Invention is not deemed to be a "work made for hire" under any Intellectual Property Law, you hereby irrevocably grant and assign all of your right, title and interest, of every kind, in and to such Invention exclusively to the Company, and you agree to sign and deliver any documents reasonably requested by the Company in order to protect the Company's rights in such Invention, whether during or after your employment with the Company. In addition, you hereby waive any so-called moral rights of authors and other similar rights in connection with any such Invention and any right to obtain injunctive or other equitable relief in connection with the Company's exploitation thereof. You agree to provide, and by this reference hereby provide, the Company with a nonexclusive, perpetual royalty-free license for all Inventions and Proprietary Information in which you or any of your Affiliates have ownership rights, if any, that you have used or will use in connection with providing services to the Company and its Affiliates.

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 case excerpt and choose the best holding from the options. Case excerpt: 523(a)(2)(A) claim, the creditor must prove the following [five] elements: ....”), abrogated cm other grounds by Grogan v. Garner, 498 U.S. 279, 111 S.Ct. 654, 112 L.Ed.2d 755 (1991); see also In re Maurice, 21 F.3d 767, 774 (7th Cir.1994) (“Under 11 U.S.C. § 523(a)(2)(A), [the creditor] was required to prove (a) the debtor obtained [money] through representations either knowingly false or made with such reckless disregard for the truth as to constitute willful misrepresentation; (2) the debtor possessed an actual intent to defraud; and (3) [the creditor] actually and reasonably relied on the false representation.”). 19 .In fact, the RTC did not even allege the basic elements of nondisehargeability under § 523(a)(2)(A) in its “Complaint to Determine F.2d 605, 607 (10th Cir.1991) (<HOLDING>); Halpern v. First Ga. Bank (In re Halpern), Options: A. holding that statecourt consent judgment containing findings of fraud precluded relitigation of same issue in dischargeability proceeding B. holding that statecourt breach of fiduciary duty judgment precluded relitigation of same issue in dischargeability proceeding C. holding that a plaintiff seeking individual relief under erisa 502a3 under a breach of fiduciary duty theory did not have a cause of action when the alleged breach of fiduciary duty was a failure to distribute benefits in accordance with the plan D. holding that breach of fiduciary duty claim was preempted by fehba E. holding that resolution of issue underlying statecourt fraud judgment precluded relitigation of same issue in nondischargeability proceeding

assistant: The best answer is B. holding that statecourt breach of fiduciary duty judgment precluded relitigation of same issue in dischargeability proceeding
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 ruling on a motion for a mistrial this court must affirm the ruling absent a showing of an abuse of discretion. See Wolcott v. State, 774 So.2d 954 (Fla. 5th DCA 2001). No such abuse can be found o.n this record because the trial court properly concluded that Smith’s inadvertent comment did not constitute prejudice sufficient to vitiate the entire trial. See Sayad v. Alley, 508 So.2d 485 (Fla. 3d DCA 1987)(concluding that two passing references to “insurance” during the trial did not necessitate a mistrial). Lastly, on cross-appeal, Smith argues that the trial court erred by failing to award her interest on the jury verdict from the date the verdict was rendered until, the date the amended final judgement was entered. We affirm. See Amerace v. Stallings, 823 So.2d 110 (Fla.2002)(<HOLDING>). Case No. 5D01-1345 is AFFIRMED. Case No. Options: A. holding that evidence was sufficient for jury to determine date employment was to begin B. holding that the date of the federal indictment not the date of the state arrest was the triggering date for the speedytrial act C. holding that the statute does not begin to run until at least a demand has been made upon the government but determining that the facts of that case made it unnecessary to choose between the date of demand and the date of actual payment as the triggering date for the running of the statute of limitations D. holding that interest does not begin to accrue until the date of judgment not the date of verdict E. holding that a claim for interest on a money judgment did not accrue until the judgment was rendered which was the date on which the trial court issued its order

assistant: The best answer is D. holding that interest does not begin to accrue until the date of judgment not the date of verdict