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: United States”). 11 . It is a general principle of admiralty law that an owner of a vessel has a right to decline salvage assistance and that "a salvor who acts without the express or implied consent of the owner is a 'gratuitous intermed-dler' who is not entitled to any salvage award.” 2 Thomas J. Schoenbaum, Admiralty & Maritime Law § 16-1 at 360-61 (3d ed.2001). Interestingly, however, there is dicta in several cases limiting this principle to instances where only the owner’s property interests are at stake. See, e.g., Smit Americas, Inc. v. M/T MANTINIA, 259 F.Supp.2d 118, 134 (D.P.R.2003) (suggesting that an owner's right of refusal is limited in situations involving imminent danger of large losses of the property of third persons); Ramsey v. Pohatcong, 77 F. 996 (S.D.N.Y.1896) (<HOLDING>); see also Martin J. Norris, The Law of Seaman, Options: A. holding that funds held in escrow are property of the estate only to the extent of the debtors independent right to that property B. holding that injury to business or property was not limited to commercial interests C. holding that tugboat was bound to respect the masters decision to refuse salvage assistance where case involved only ordinary property interests and did not involve imminent danger to life nor the danger of large losses of the property of third persons D. holding that under missouri law the term property damage defined as physical injury to tangible property does not cover losses due to the insureds negligent performance of contract work where the defective work does not cause accidental injury to surrounding property E. holding that only courts in the county where property was situated had jurisdiction to hear an action concerning the property

assistant: The best answer is C. holding that tugboat was bound to respect the masters decision to refuse salvage assistance where case involved only ordinary property interests and did not involve imminent danger to life nor the danger of large losses of the property of third persons
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 Borrower shall indemnify the Administrative Agent, the Issuing Bank, the Swingline Lender, and each Lender, and each Related Party of the foregoing Persons (each such person being called an “ Indemnitee ”) against, and hold each Indemnitee harmless from, any and all losses, claims, damages, liabilities and related expenses, including the fees, charges and disbursements of any counsel for any Indemnitee, incurred by or asserted against any Indemnitee arising out of, in connection with, or as a result of (i) the execution or delivery of this Agreement, any other Loan Document or any other agreement or instrument contemplated hereby, the performance by the parties to the Loan Documents of their respective Obligations thereunder or the consummation of the transactions or any other transactions contemplated hereby, (ii) any Loan or Letter of Credit or the use of the proceeds therefrom (including any refusal by the Issuing Bank to honor a demand for payment under a Letter of Credit if the documents presented in connection with such demand do not strictly comply with the terms of such Letter of Credit), (iii) any actual or alleged presence or release of Hazardous Materials on or from any property currently or formerly owned or operated by the Company or any of the Subsidiaries of the Company, or any environmental liability related in any way to the Company or any of the Subsidiaries of the Company, (iv) the failure (whether due to currency fluctuations or otherwise) to pay any Loan or LC Disbursement originally denominated in a Foreign Currency, or any interest thereon, in the Foreign Currency in which such Loan was originally made or applicable Letter of Credit issued (notwithstanding whether such Loan or LC Disbursement was converted to, or repaid in, Dollars as permitted by this Agreement), or (v) any actual or prospective claim, litigation, investigation or proceeding relating to any of the foregoing, whether based on contract, tort or any other theory, whether brought by a third party or by the Company or any Subsidiary of the Company, and regardless of whether any Indemnitee is a party thereto; provided that such indemnity shall not, as to any Indemnitee, be available to the extent that such losses, claims, damages, liabilities or related expenses are determined by a court of competent jurisdiction by final and nonappealable judgment to have resulted from the gross negligence or willful misconduct of such Indemnitee. WITHOUT LIMITING ANY PROVISION OF ANY LOAN DOCUMENT, IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT EACH INDEMNITEE SHALL BE INDEMNIFIED FROM AND HELD HARMLESS AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, PENALTIES, JUDGMENTS, DISBURSEMENTS, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF OR RESULTING FROM THE SOLE OR CONTRIBUTORY NEGLIGENCE OF SUCH INDEMNITEE.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Comply in all material respects with all applicable laws, rules, regulations and orders of any governmental authority, whether federal, state, local or foreign, in effect from time to time; and pay and discharge promptly when due all taxes, assessments and governmental charges or levies imposed upon it or upon its income, revenues or property, before the same shall become delinquent or in default, as well as all lawful claims for labor, materials and supplies or otherwise, which, if unpaid, could give rise to liens upon such properties or any portion thereof, except to the extent that payment of any of the foregoing is then being contested in good faith by appropriate legal proceedings and with respect to which adequate financial reserves have been established on the books and records of Borrower in accordance with generally accepted accounting principles.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree to indemnify and hold harmless the viber group from and against any and all claims , demands , liabilities , costs or expenses , including reasonable attorney 's fees , resulting from your breach of these terms , including any of the foregoing provisions , representations or warranties , from your placement or transmission of any content onto viber 's servers and/or from any and all use of your user account .

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: Notwithstanding any provision to the contrary in this Agreement, none of the representations or warranties of the Issuer in this Agreement and none of the covenants of the Issuer in this Agreement to be performed by the Issuer prior to the Exchange Closing shall survive the Exchange Closing.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries to be provided by the Holders hereunder including, without limitation, any Notice of Exercise, shall be in writing and delivered personally, by facsimile, by e-mail or sent by a nationally recognized overnight courier service, addressed to the Company, at 1885 West 2100 South, Salt Lake City, Utah 84119, Attention: Controller, facsimile number (801) 839-3605, E-mail: bcloward@amedica.com , or such other facsimile number, email address or address as the Company may specify for such purposes by notice to the Holders. Any and all notices or other communications or deliveries to be provided by the Company hereunder shall be in writing and delivered personally, by facsimile, by e-mail or sent by a nationally recognized overnight courier service addressed to each Holder at the facsimile number or address of such Holder appearing on the books of the Warrant Agent. Any notice or other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or e-mail at the e-mail address set forth in this Section prior to 5:30 p.m. (New York City time) on any date, (ii) the next Trading Day after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile number or e-mail at the e-mail address set forth in this Section on a day that is not a Trading Day or later than 5:30 p.m. (New York City time) on any Trading Day, (iii) the second Trading Day following the date of mailing, if sent by U.S. nationally recognized overnight courier service, or (iv) upon actual receipt by the party to whom such notice is required to be given. Notwithstanding any other provision of this Warrant, where this Warrant provides for notice of any event to the Holder, if this Warrant is held in global form by DTC (or any successor depositary), such notice shall be sufficiently given if given to DTC (or any successor depositary) pursuant to the procedures of DTC (or such successor depositary), subject to the Holder’s right to elect to receive a Warrant in certificated form pursuant to the terms of the Warrant Agency Agreement, in which case this sentence shall not apply.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: source omitted). Consequently, these circuits have applied a test under Title VII that finds a place for the notion that the “economic realities” of the workplace should play a significant part in determining whether someone is an “employee” for purposes of Title VII. Id; e.g., Diggs v. Harris Hospital-Methodist, 847 F.2d 270, 272 (5th Cir.1988); Garrett v. Phillips Mills, Inc., 721 F.2d 979, 981 (4th Cir.1983); Spirides v. Reinhardt, 613 F.2d 826, 831 (D.C.Cir.1979). Most circuits, however, have not adopted the “pure” economic realities test, an expansive standard used under the Fair Labor Standards Act. This test deems persons employees if, as a matter of economic reality, they depend upon the business they serve. E.E.O.C. v. Dowd & Dowd, Ltd., 736 F.2d 1177, 1178 (7th Cir.1984) (<HOLDING>). Rather, most circuits apply a test first set Options: A. recognizing the economic realities test for title vii B. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original C. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii D. recognizing title vii does not provide the exclusive remedy for all employment discrimination claims even if the title vii and section 1983 claim factually overlap E. holding claims based on title vii subject to arbitration

assistant: The best answer is A. recognizing the economic realities test for title vii
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: show that he is a “member in good standing” in the New Mexico State Bar before he may be admitted to practice in this Court. He was also given notice by the Order to Show Cause and at the August 7, 2012 hearing that he had to present more than just evidence that he was on probationary status as grounds for readmission. Mr. Klipstine had ample opportunity at the hearing to establish the ground of good standing in the state bar, but he is legally unable to do so. Therefore, the Court will deny his petition for readmission without prejudice to its refiling if, and when, Mr. Klipstine has successfully fulfilled his two-year period of probation and has been formally reinstated as a member in good standing in the New Mexico State Bar. See In re Smith, 329 Fed.Appx. 805, 808 (10th Cir.2009) (<HOLDING>). IV. Concerns about Mr. Klipstine’s behavior Options: A. holding that the oneyear bar contained in 2255 acts as an affirmative defense and not a jurisdictional bar B. holding that the district court did not abuse its discretion in denying his petition for reinstatement where membership in good standing in the state bar was required before attorney could be admitted to the federal bar and applicant had not been readmitted to state bar C. holding that the district court could properly deny attorneys readmission on the ground that he had not been readmitted to the bar of the state of new york D. holding that a state procedural default will not bar consideration of a federal claim on habeas review unless the last state court rendering a judgment clearly and expressly stated that its judgment rested on a state procedural bar E. holding that district court correctly applied state law procedural bar to petitioners jury challenge despite state courts failure to indicate that its denial of petition rested on procedural grounds where petitioner never raised facially sufficient jury challenge before any state court and state courts denial of petition could not be construed as a decision on the merits

assistant: The best answer is B. holding that the district court did not abuse its discretion in denying his petition for reinstatement where membership in good standing in the state bar was required before attorney could be admitted to the federal bar and applicant had not been readmitted to state bar
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: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Law, but if any provision of this Agreement or the application of any such provision to any Person or circumstance shall be held to be prohibited by, illegal or unenforceable under applicable law or rule in any respect by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition, illegality or unenforceability, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

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: to establish eligibility for asylum or withholding of removal. As to past persecution, Weng-Chen testified that three police officers came to his home to arrest his father for being a Falun Gong member, destroyed his family’s furniture, and threatened to impose a fine when they learned that his father was not present. He claimed that after one police officer slapped his mother’s face because she was arguing with them, he pushed that officer and he “fell to the ground.” Weng-Chen indicated that when the police attempted to arrest him, neighbors helped him to escape. Under these circumstances, the. agency did not err in finding that Weng-Chen failed to establish that his experiences amounted to past persecution. See Ivanishvili v. U.S. Dep’t of Justice, 433 F.3d 332, 341 (2d Cir.2006) (<HOLDING>); Ai Feng Yuan v. U.S. Dep’t of Justice, 416 Options: A. holding that the harm must be sufficiently severe rising above mere harassment B. holding that to constitute persecution the harm must be sufficiently severe rising above mere harassment C. holding that persecution must rise above unpleasantness harassment and even basic suffering D. holding that the harm must rise above mere harassment E. holding that harm must be sufficiently severe rising above mere harassment to constitute persecution

assistant: The best answer is D. holding that the harm must rise above mere harassment
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In making this offer of employment, the Company has relied on your representations that (a) you are not subject to any non-competition arrangement or other restrictive covenants that might affect your employment by the Company as contemplated by this letter, (b) you shall not disclose to the Company any proprietary or confidential information belonging to any other party, (c) you are free to accept this offer of employment and to perform the duties contemplated herein and commensurate with the offered position and (d) your employment with the Company will not violate or conflict with any other obligation or arrangement to which you are a party.

assistant: Representations
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: from the state and federal courts. To say that the language from which these principles are drawn is too vague and general to enforce ignores the immense body of law. While that law did not exist when the constitutional provisions were written, we believe that this growth and development was intended by the drafters. In this way, we find Article 4 no more broad or general than Article 7, which we held as self-executing in Town Highway No. 20. ¶ 52. In support of our reasoning, we note that other state courts that have considered the question generally have found that the due process provisions of their state constitutions are enforceable by appropriate court action even without implementing legislation. See, e.g., Katzberg v. Regents of Univ. of Cal., 58 P.3d 339, 342-43 (Cal. 2002) (<HOLDING>); In re Wretlind, 32 N.W.2d 161, 167 (Minn. Options: A. recognizing that when other branches of government are remiss in their constitutional duties the judiciary must act B. holding that although state is not required to operate welfare program it must do so in accordance with the due process clause C. recognizing that standing doctrine is fundamentally rooted in respect for the separation of powers of the independent branches of government D. holding that due process clause is selfexecuting because it is clear that even without any effectuating legislation all branches of government are required to comply with its terms E. holding that an exercise by the state of its police power is presumed to be valid when it is challenged under the due process clause of the fourteenth amendment

assistant: The best answer is D. holding that due process clause is selfexecuting because it is clear that even without any effectuating legislation all branches of government are required to comply with its 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 legal provision and list the applicable contract clause categories. Provision: Commencing as of December 1, 2015, Buyer shall make payment to the Company (or pay directly to the Company’s employees) all employee salaries and related payroll deductions and taxes payable by the Company with respect to its employees. Effective immediately prior to the Closing, but effective on the Closing, the Company shall terminate the employment of all of its employees, other than those identified on Schedule 7.1(g)(i) . The Company shall be solely responsible for any and all severance and any other compensation or employee benefits payable with respect to any period or part thereof occurring prior to the Closing Date, not otherwise payable by Buyer under this clause (g), whether required by state or federal law or otherwise, including but not limited to any wages, bonuses or commissions that may be earned through the Closing and payable after the Closing as permitted by state or federal law. The Company will bear all responsibility, obligation and Liability for, and all costs associated with, and will defend and indemnify Buyer for: (x) any and all claims and Liabilities related to any unemployment fund contributions that are due and unpaid on the Closing Date; and (y) any and all claims and Liabilities relating to the employees and any other employee employed by the Company prior to the Closing Date and resulting from or arising out of their employment by the Company, prior to the Closing Date and/or the subsequent termination by the Company and/or any subsequent decision by Buyer not to hire some or all of the employees, including all claims and Liabilities incurred or asserted under the Fair Labor Standards Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, ERISA, the Occupational Health and Safety Act, the federal Worker Adjustment Retraining and Notification Act, any other Laws and/or the common-law doctrines of breach of contract, breach of covenant of good faith and fair dealing, promissory estoppel, violation of public policy, fraud or misrepresentation, defamation, intentional or negligent infliction of emotional distress, negligence, wrongful termination of employment and/or any other employment-related doctrines under the statutes or common law of any state. Effective at the Closing, the Company shall and does hereby release all employees hired by Buyer from any employment and/or confidentiality agreement previously entered into between the Company and such Employee but only to the extent necessary for Buyer to operate the Business and the Purchased Assets in the same manner as operated by the Company prior to the Closing.

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 case excerpt and choose the best holding from the options. Case excerpt: 34] Even if the confession was newly discovered, Cookson did not show clearly and convincingly that it would, have changed the outcome of the trial. The motion court found that Vantol’s confession was not credible. This finding is supported by the evidence of the versions of the confession that Vantol made to the defense team and to the police; Vantol’s visits to Cookson in jail and the timing of those visits; Vantol’s recantation; and his mental and psychological characteristics. Furthermore, the version of Vantol’s confession that he gave to the police implicated Cookson in a murder for hire scheme, which, as the trial court noted at Cook-son’s sentencing, would have made Cook-son guilty of murder and supported a life sentence. See State v. Shortsleeves, 580 A.2d 145, 149 (Me.1990) (<HOLDING>). 3. Murder Weapon [¶ 35] Cookson has also Options: A. holding the same nevada aggravating circumstance unconstitutionally vague under godfrey B. holding that a sentencing judge sitting without a jury may not find an aggravating circumstance necessary for imposition of the death penalty C. holding sentence of life imprisonment resulting from a wrongful killing caused by the use of an automobile is not cruel and unusual punishment D. holding that an aggravating circumstance that justifies a life sentence is a planned deliberate killing including a killing for hire E. holding that an aggravating circumstance in the georgia death penalty statute was unconstitutionally vague

assistant: The best answer is D. holding that an aggravating circumstance that justifies a life sentence is a planned deliberate killing including a killing for hire
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 the terms and conditions of this Agreement , the consummation of the transactions contemplated by this Agreement (the “ Closing ”) shall take place at the offices of Withers Bergman LLP, 430 Park Avenue, 10th Floor, New York, New York 10022, on May 27, 2016 so long as all the conditions to Closing in Article III are satisfied or waived by such date (other than those which, by their nature, are to be satisfied at the Closing , but subject to such satisfaction), or on such other date or at such other time mutually agreed in writing by the parties to this Agreement . The date on which the Closing is to occur is herein referred to as the “ Closing Date ”. The Closing shall be deemed to be effective as of 11:59 p.m., Eastern Daylight Time on the Closing Date .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: found in claim 1 of the ’715 patent (the first phrase listed under “E.” above), the aluminum layer must completely cover the polysilicon layer, or whether it may only overlay a portion of that layer. APT constructs a compelling linguistic argument that this court must read a meaningful difference into the fact that Ixys used the phrase “overlying said polysilicon layer” in claim 1 of the ’715 patent and the phrase “overlying a portion of said polysilicon layer” in claim 23 of that patent and claim 11 of the ’419 patent. In the course of construing claims, a court must endeavor to give meaning to every word of the claim language. See, e.g., Apple Computer, Inc. v. Articulate Systems, Inc., 234 F.3d 14, 25 (Fed.Cir.2000); Harris Corp. v. IXYS Corp., 114 F.3rd 1149, 1152 (Fed.Cir.1997) (<HOLDING>). APT therefore urges this court to construe Options: A. recognizing that courts must be careful not to allow hindsight reconstruction of references to reach the claimed invention without any explanation as to how or why the references would be combined to produce the claimed invention B. holding that the one challenging the patent must in part show that the subject matter of the sale or offer to sell fully anticipated the claimed invention or would have rendered it obvious by its addition to the prior art C. holding that the computer readable code claimed in claim 6 the product claim was a part or component of that invention D. holding that a broad statutory definition of a term that was inconsistent with the terms plain meaning did not affect the terms definition in other contexts E. holding that a construction that effectively rendered certain terms of a claim irrelevant would contribute nothing but meaningless ver biage to the definition of the claimed invention and is therefore disfavored

assistant: The best answer is E. holding that a construction that effectively rendered certain terms of a claim irrelevant would contribute nothing but meaningless ver biage to the definition of the claimed invention and is therefore disfavored
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 (including by facsimile), each of which when so executed and delivered will be deemed an original, but all such counterparts together will constitute but one and the same instrument. The parties hereto may sign this Agreement and any Collateral Trust Joinder and transmit the executed copy by electronic means, including facsimile or noneditable.pdf files. The electronic copy of the executed Agreement and any Collateral Trust Joinder is and shall be deemed an original signature.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: At any time and from time to time after Lender becomes aware of the occurrence of any Event of Default, Lender may accelerate this Note by written notice to Borrower, with the Outstanding Balance becoming immediately due and payable in cash at the Mandatory Default Amount. Notwithstanding the foregoing, at any time following the occurrence of any Event of Default, Lender may, at its option, elect to increase the Outstanding Balance by applying the Default Effect (subject to the limitation set forth below) via written notice to Borrower without accelerating the Outstanding Balance, in which event the Outstanding Balance shall be increased as of the date of the occurrence of the applicable Event of Default pursuant to the Default Effect, but the Outstanding Balance shall not be immediately due and payable unless so declared by Lender (for the avoidance of doubt, if Lender elects to apply the Default Effect pursuant to this sentence, it shall reserve the right to declare the Outstanding Balance immediately due and payable at any time and no such election by Lender shall be deemed to be a waiver of its right to declare the Outstanding Balance immediately due and payable as set forth herein unless otherwise agreed to by Lender in writing). Notwithstanding the foregoing, upon the occurrence of any Event of Default described in clauses (b), (c), (d), (e) or (f) of Section , the Outstanding Balance as of the date of acceleration shall become immediately and automatically due and payable in cash at the Mandatory Default Amount, without any written notice required by Lender. In connection with acceleration described herein, Lender need not provide, and Borrower hereby waives, any presentment, demand, protest or other notice of any kind, and Lender may immediately and without expiration of any grace period enforce any and all of its rights and remedies hereunder and all other remedies available to it under applicable law. Such acceleration may be rescinded and annulled by Lender at any time prior to payment hereunder and Lender shall have all rights as a holder of the Note until such time, if any, as Lender receives full payment pursuant to this Section . No such rescission or annulment shall affect any subsequent Event of Default or impair any right consequent thereon. Nothing herein shall limit Lender’s right to pursue any other remedies available to it at law or in equity including, without limitation, a decree of specific performance and/or injunctive relief.

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: there was no depi’ivation of due process here, where Schultz had a full year and forty-two days within which to file but chose to wait over three years because he incorrectly believed the law allowed him to wait. This choice is not “extraordinary circumstances beyond [a petitioner’s] effective control,” as discussed in Amboh, sufficient to trigger equitable tolling. We will not address any tolling arguments concerning Schultz’s ineffective assistance of counsel claim for his attorney’s failure to file a timely appeal because Schultz did not plead this claim below. A petitioner cannot amend his petition once a responsive pleading has been filed without permission of the court or written permission of the State. I.R.C.P. 15(a); Cole v. State, 135 Idaho 107, 111, 15 P.3d 820, 824 (2000) (<HOLDING>). The record here shows that Schultz did not Options: A. holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition B. holding trial court did not err by failing to consider amended petition filed after hearing without leave of court C. holding a petitioner accomplished a full and fair presentation of his claims because they were included in a copy of the amended petition for postconviction relief which was attached in the appendix of his petition for review to the arizona supreme court D. holding that the filing of an amended petition in the same cause in which a final judgment had already been entered was like an original petition sufficient to invoke the trial courts jurisdiction E. holding that after original petition had been properly served on defendant failure to serve amended petition was not error since it contained only insignificant changes

assistant: The best answer is A. holding that even where postconviction petitioner reserved the option to file an amended petition in his opening petition simply filing an amended petition is insufficient to request leave to file an amended petition a motion for leave to file an amended petition was required before it was necessary for the district judge to consider the amended petition
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: In reliance on the representations, warranties, covenants and agreements contained in this Ninth Amendment, and subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, the Credit Agreement shall be amended, effective as of the Ninth Amendment Effective Date, in the manner provided in this Section 2 .

assistant: Amendments
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 Lenders hereby irrevocably appoints U.S. Bank to act on its behalf as the Administrative Agent hereunder and under the other Loan Documents and authorizes the Administrative Agent to take such actions on its behalf and to exercise such powers as are delegated to the Administrative Agent by the terms hereof or thereof, together with such actions and powers as are reasonably incidental thereto. Except as expressly set forth in Section 9.06(a) and (b) , the provisions of this Article are solely for the benefit of the Administrative Agent and the Lenders and neither the Borrower nor any other Loan Party shall have rights as a third party beneficiary of any of such provisions. It is understood and agreed that the use of the term “agent” herein or in any other Loan Documents (or any other similar term) with reference to the Administrative Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable Law. Instead such term is used as a matter of market custom, and is intended to create or reflect only an administrative relationship between contracting parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event the Borrower should default under any of the provisions of this Loan Agreement and the Authority or the Trustee should employ attorneys or incur other expenses for the collection of the payments due under this Loan Agreement or the enforcement of performance or observance of any obligation or agreement on the part of the Borrower herein contained (other than litigation of disputes between the Authority and the Borrower), the Borrower agrees to pay and indemnify the Authority or the Trustee for the reasonable fees of such attorneys and such other reasonable expenses so incurred by the Authority or the Trustee.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The consummation of the transactions contemplated by this Agreement (the “ Closing ”) will take place at the offices of Orrick, Herrington & Sutcliffe LLP located at 1301 McKinney Street, Suite 4100, Houston, Texas 77010, at 10:00 a.m. local time on the second business day after all of the conditions to closing in Article V are satisfied or waived (other than conditions which are to be satisfied on the Closing Date), or at such other time, date or place as Sellers and Buyer may mutually agree upon in writing (the “ Closing Date ”). The Closing shall be deemed effective as of 12:00 a.m., Houston time, on the Closing Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: (a) Unless otherwise defined in this Agreement or unless otherwise indicated in this Agreement, words and phrases defined (including by incorporation from, or by reference to, another document) in either or each of the Master Trust Deed, the Master Sale and Servicing Deed and the Series Supplement have the same meaning in this Agreement. Where there is any inconsistency in a definition between the Series Supplement (on the one hand) and the Master Trust Deed or the Master Sale and Servicing Deed (on the other hand), the Series Supplement prevails. Further, where there is any inconsistency in a definition between the Master Trust Deed (on the one hand) and the Master Sale and Servicing Deed (on the other hand), the Master Sale and Servicing Deed prevails.

assistant: Definitions
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: means of challenging that evidence: testimony from an expert who has also examined him.”). Contrary to Hunter’s assertions, Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), does not foreclose this limited use of the contested evidence. See Kansas v. Ventris, 556 U.S. 586, 594, 129 S.Ct. 1841, 173 L.Ed.2d 801 (2009) (noting that with the exception of coerced statements, “tainted evidence — evidence whose very introduction does not constitute the constitutional violation, but whose obtaining was constitutionally invalid — is admissible for impeachment”). Moreover, even if we assume for the sake of argument that Hunter’s statements to Dr. Berg and Dr. Aniline were effectively “coerced,” there was no constitutional violation. See Cheever, 134 S.Ct. at 601 (<HOLDING>). Second, Hunter’s diminished capacity defense Options: A. holding that statements made during a compulsory psychological examination are admissible to rebut a defendants diminished capacity defense B. holding victims statements admissible under state of mind exception to rebut defendants claim of accident andor suicide C. holding victims statements to coworkers admissible to rebut defendants claim that they had a good marriage D. holding that the defendants statement was involuntary because it was made during a court ordered mental examination and a state statute provided that such statements would remain confidential E. holding statements admissible to rebut defendants claims of selfdefense suicide or accidental death

assistant: The best answer is A. holding that statements made during a compulsory psychological examination are admissible to rebut a defendants diminished capacity defense
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall make reasonable efforts to comply with all applicable federal and state securities laws; provided, however, notwithstanding any other provision of the Agreement and these terms and conditions, the Company shall not be obligated to issue any Shares pursuant to the Agreement and these terms and conditions if the issuance or payment thereof would result in a violation of any such law; provided further, however, that the Shares will be issued at the earliest date at which the Company reasonably anticipates that the issuance of the Shares will not cause such violation.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Promptly after any officer of the Borrower or any of its Subsidiaries obtains knowledge thereof, notice of (i) the occurrence of any event which constitutes a Default or an Event of Default or any default or event of default under any debt instrument in excess of the Threshold Amount, (ii) any litigation or governmental investigation or proceeding pending against the Borrower or any of its Subsidiaries (x) which, either individually or in the aggregate, has had, or would reasonably be expected to have, a Material Adverse Effect or (y) with respect to any Credit Document, (iii) any Casualty Event involving Collateral with a fair market value in excess of $10,000,000 or (iv) any other event, change or circumstance that has had, or would 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 legal provision and list the applicable contract clause categories. Provision: The headings of the various articles, sections and subsections of this Agreement and the table of contents have been inserted for convenience only and shall not in any way affect the meaning or construction of any of the provisions hereof. Except as otherwise expressly provided herein and in the other Credit Documents, in the event of any inconsistency or conflict between any provision of this Agreement and any provision of any of the other Credit Documents, the provision of this Agreement shall control. Any Hedge Agreement between any Borrower and any Hedge Party is an independent agreement governed by the writing provisions of such Hedge Agreement, which shall remain in full force and effect, unaffected by any repayment, prepayment, acceleration, reduction, increase or change in the terms applicable to the Loans under this Agreement, except as otherwise expressly provided in such Hedge Agreement, and any payoff statement from the Administrative Agent relating to this Agreement shall not apply to such Hedge Agreement except as expressly provided therein. Any Cash Management Agreement between any Borrower and any Cash Management Bank is an independent agreement governed by the written provisions of such Cash Management Agreement, which shall remain in full force and effect, unaffected by any repayment, prepayment, acceleration, reduction, increase or change in the terms applicable to the Loans under this Agreement, except as otherwise expressly provided in such Cash Management Agreement, and any payoff statement from the Administrative Agent relating to this Agreement shall not apply to such Cash Management Agreement except as expressly provided therein.

assistant: Construction
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: 37(b) and/or (d) is referred to Magistrate Judge Fox, who handled the discovery and who is uniquely positioned to decide whether sanctions relating to discovery are warranted. 6. IBM’s motion for summary judgment on liability for foreign sales is deferred until trial. TM recognizes that it is not allowed to recover twice for a single instance of infringement. The Court cannot ascertain whether TM is trying to obtain double recovery until the evidence comes in. Thus, this motion is premature. 7. The parties are directed to appear for a final pre-trial conference on December 1 at 2 PM. Jury selection will commence on January 8, 2001. This constitutes the decision and order of the Court. 1 . See Sperry Gyroscope Co. v. Arma Engineering Co., 271 U.S. 232, 46 S.Ct. 505, 70 L.Ed. 922 (1926) (<HOLDING>); Williams v. Columbia Broadcasting Systems, Options: A. holding that the statute of limitations in a criminal case is a nonjurisdictional affirmative defense that is waived if not raised in the trial court B. recognizing that 1498 is in effect an eminent domain statute C. holding the precursor statute to 1498 to be nonjurisdictional as to private defendants merely establishing an affirmative defense D. holding that the plaintiff waived an objection to the defendants failure to plead qualified immunity as an affirmative defense E. holding that the running of the statute of limitations is an affirmative defense

assistant: The best answer is C. holding the precursor statute to 1498 to be nonjurisdictional as to private defendants merely establishing an affirmative defense
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 (a) any Transfer of any Company Claims/Interests in accordance with Section 8 or (b) the termination of this Agreement in accordance with its terms, the agreements and obligations of the Parties in Section 17 and the Confidentiality Agreements shall survive such Transfer and/or termination and shall continue in full force and effect for the benefit of the Parties in accordance with the terms hereof and thereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The term of this Lease shall be NINE ( 9 ) YEARS and ELEVEN (11) MONTHS. Lessee has first right of refusal on TWO ( 2 ) FIVE ( 5 l year lease option(s) at the end of the original term . Lease will commence January 14, 2016 and end on December 31. 2025 .

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 legal provision and list the applicable contract clause categories. Provision: This Agreement shall be interpreted in accordance with the laws of the State of Arizona without reference to conflicts of law provisions thereof. The Parties agree that all disputes between them, including, without limitation, all disputes arising under or relating to this Agreement, will be resolved pursuant to the arbitration provisions in Section 8.9 of the Employment Agreement.

assistant: Venues