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: of disposal which would limit its meaning to “active human conduct.” United States v. Waste Ind., Inc., 734 F.2d 159, 164-65 (4th Cir.1984). In Waste Industries, the court held that Congress intended the 42 U.S.C. § 6903(3) definition of disposal “to have a range of meanings,” including not only active conduct, but also the reposing of hazardous waste and its subsequent movement through the environment. Id. at 164. Id. at 845. The Fourth Circuit concluded “that § 9607(a)(2) imposes liability not only for active involvement in the ‘dumping’ or ‘placing’ of hazardous waste at the facility, but for ownership of the facility at a time that hazardous waste was ‘spilling’ or ‘leaking.’ ” Id. at 846; accord Crofton Ventures Ltd. P’ship v. G & H P’ship, 258 F.3d 292, 300 (4th Cir.2001) (<HOLDING>). Four years later, in CDMG Realty, the Third Options: A. holding that disposal under 9607a2 includes a partys movement and spreading of contaminated soil to uncontaminated portions of property and that congress did not limit disposal to the initial introduction of hazardous material onto property B. holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court C. holding that individual defendants were not liable under the elcra because they did not have the authority to rehire the plaintiff D. recognizing the increased breadth of the definition of property damage introduced in the more recent form of policy E. holding that given the breadth of the statutory definition of disposal the district court must be able to conclude that the buried drums did not leak when the defendants owned or operated the facility to make a finding that they were not liable under 9607a2

assistant: The best answer is E. holding that given the breadth of the statutory definition of disposal the district court must be able to conclude that the buried drums did not leak when the defendants owned or operated the facility to make a finding that they were not liable under 9607a2
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: Company may terminate Employee’s employment hereunder if (i) as a result of Employee’s incapacity due to physical or mental illness, Employee shall have been absent from his duties hereunder on a full-time basis for an aggregate of one hundred eighty (180) consecutive or non-consecutive business days in any twelve (12) consecutive-month period and (ii) within ten (10) days after written notice of termination hereunder is given by Company, Employee shall not have returned to the performance of his duties hereunder on a full-time basis. The determination of incapacity or disability under the preceding sentence shall be made in good faith by Company based upon information supplied by a physician selected by Company or its insurers and reasonably acceptable to Employee or his legal representative. During any period that Employee fails to perform his duties hereunder as a result of incapacity due to physical or mental illness (the “Disability Period”), Employee shall continue to receive his full Base Salary hereunder until his employment is terminated pursuant to this Section 4.2, provided that amounts payable to Employee shall be reduced by the sum of the amounts, if any, paid to Employee during the Disability Period under any disability benefit plans of Company. If Employee is terminated pursuant to this Section 4.2, Company shall pay or provide to Employee (or his legal representative): (i) Severance, payable as described in Section 4.4.1(c), (ii) the Acceleration Payment, payable as described in Section 4.4.1(a), (iii) Severance Benefits for the Severance Benefit Term, and (iv) all reasonable expenses actually incurred or paid by Employee in the performance of his duties hereunder prior to the date of termination due to disability.

assistant: Disability
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 Purchaser, severally and not jointly with the other Purchasers, covenants that neither it, nor any Affiliate acting on its behalf or pursuant to any understanding with it will execute any purchases or sales, including Short Sales, of any of the Company’s securities during the period commencing with the execution of this Agreement and ending at such time that the transactions contemplated by this Agreement are first publicly announced pursuant to the filing of the Form 8-K as described in Section 4.4. Each Purchaser, severally and not jointly with the other Purchasers, covenants that until such time as the transactions contemplated by this Agreement are publicly disclosed by the Company as described in Section 4.4, such Purchaser will maintain the confidentiality of the existence and terms of this transaction and the information included in the Transaction Documents and the Disclosure Schedules. Notwithstanding the foregoing, and notwithstanding anything contained in this Agreement to the contrary, the Company expressly acknowledges and agrees that (i) no Purchaser makes any representation, warranty or covenant hereby that it will not engage in effecting transactions in any securities of the Company after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.4, (ii) no Purchaser shall be restricted or prohibited from effecting any transactions in any securities of the Company in accordance with applicable securities laws from and after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.4 and (iii) no Purchaser shall have any duty of confidentiality to the Company or its Subsidiaries after the time that the transactions contemplated by this Agreement are first publicly announced as described in Section 4.4. Notwithstanding the foregoing, in the case of a Purchaser that is a multi-managed investment vehicle whereby separate portfolio managers manage separate portions of such Purchaser’s assets and the portfolio managers have no direct knowledge of the investment decisions made by the portfolio managers managing other portions of such Purchaser’s assets, the covenant set forth above shall only apply with respect to the portion of assets managed by the portfolio manager that made the investment decision to purchase the Securities covered by this Agreement.

assistant: Confidentiality
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: depending on the third party accounts you choose and subject to the privacy settings that you have set in such third party accounts , personally identifiable information that you post to your third party accounts will be available on and through your account on the site and services .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All notices in connection with this Lease, the Premises or the Property shall be in writing and shall be personally delivered, or delivered by courier service (e.g., Federal Express, Airborne) or sent by certified mail, return receipt requested, postage prepaid. Notices to Landlord shall be delivered to the address specified in Par. 1(a). Notices to Tenant shall be delivered to the address specified in Par. 1(b) until Tenant takes possession of the Premises; thereafter notices to Tenant shall be delivered to the Premises. All notices shall be effective upon delivery or attempted delivery in accordance with this provision. Either party may change its notice address upon written notice to the other party given in accordance with this provision.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Global 2 and Global 1 shall have performed and complied in all material respects to all agreements and covenants required by this Agreement to be performed or complied with by it on or prior to the Closing Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: where permitted under the applicable law , you and spotify agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action .

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: these terms & conditions ( these `` terms '' ) contain the terms and conditions on which we supply content , products or services listed on www.headspace.com ( the `` website '' ) , through our applications ( the `` apps '' ) or via other delivery methods to you ( the website and such content , products , services and the apps are collectively referred to herein as the `` product '' or `` products '' , which may be updated from time-to-time at the sole discretion of headspace ) .

assistant: Unilateral change
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 governed by, enforced, and construed under and in accordance with the laws of the United States of America and, with respect to the matters of state law, with the laws of the State of Nevada, without giving effect to principles of conflicts of law thereunder. Each of the Parties submits to the jurisdiction of the state and/or federal court sitting in Palm Beach County, Florida as the situs of any claim(s) in any action or proceeding arising out of or relating to this Agreement and agrees that all claims in respect of the action or proceeding may be heard and determined by any such court. By execution and delivery of this Agreement, each Party hereto irrevocably submits to and accepts, with respect to any such action or proceeding, generally and unconditionally, the jurisdiction of the aforesaid court, and irrevocably waives any and all rights such Party may now or hereafter have to object to such jurisdiction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and finds that none warrants rejection of Plaintiffs proposed constructions. Plaintiffs proposed constructions reflect accurately the meanings of the disputed terms as they would have been understood at the relevant time by a person of ordinary skill in the art. Accordingly, Plaintiffs proposed constructions of each of the disputed terms (other than the term “having an alloy content” in claims 31, 34, 36 and 38 of the ’461 patent) are hereby adopted by the Court. The Court adopts Defendant’s proposed construction of the term “having an alloy content in the enumerated claims of the ’461 patent.” This matter remains referred to Judge Eaton for general pretrial management. SO ORDERED. 1 . See Markman v. Westview Instruments, Inc., 517 U.S. 370, 390, 116 S.Ct. 1384, 134 L.Ed.2d 577 (1996) Options: A. holding that matters of statutory construction are questions of law for the court to decide rather than issues of fact B. holding that claim construction is an issue of law for the court not a question of fact for the jury C. holding that claim construction is a matter of law for the court to determine D. holding it is a question of fact E. recognizing that under district of columbia law what the parties deem to be the material elements of their agreement either set forth in or absent from those documents is largely a question of fact for the jury and concluding in that case that whether an enforceable oral contract was created and was subsequently breached is a question of fact for the jury to decide not this court

assistant: The best answer is B. holding that claim construction is an issue of law for the court not a question of fact for the jury
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the terms include the provisions set forth in this document and in the evernote privacy policy , commercial terms , evernote business agreement , user guidelines , ip compliance program and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific service offerings ( all of which we collectively refer to as the `` terms of service '' or `` terms '' ) .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Weintraub and Resnick, Freezing, the Debtor’s Account: A Banker’s Dilemma Under the Bankruptcy Code, 100 Banking Law Journal 316, 321-22 (1983); Groschadl, “Freezing” the Debtor’s Bank Account: A Violation of the Automatic Stay?, 57 American Bankruptcy Law Journal 75, 77 (1983); Freeman, Setoff Under the New Bankruptcy Code: The Effect on Bankers, 97 Banking Law Journal 484, 506 (1980). Unquestionably, if the funds in the bank accounts are indeed cash collateral, that is, if the bank has a valid claim within 11 U.S.C. § 506(a), subject to a setoff not defeated by the exceptions in 11 U.S.C. § 553(a), then the debtor in possession must obtain the Court’s authorization or the bank’s consent before drawing on the funds, 11 U.S.C. § 363(c)(2). See Cusanno v. Fidelity Bank, 29 B.R. at 812 (<HOLDING>). Since, if the bank is right about the status Options: A. holding that a chapter 13 debtor should be able to obtain a copy of his transcript in light of the broader discharge provision of chapter 13 B. holding that notwithstanding a debtors inability to obtain a chapter 13 discharge a debtor is nonetheless eligible to file a chapter 13 case C. holding that there is no statutory authority in chapter 13 which grants a chapter 13 debtor independent standing to sue under the trustees avoidance power D. recognizing the requirement of 363 to obtain approval or consent in a chapter 13 case E. holding tort action accruing after original chapter 7 petition not part of estate when case converted to chapter 13 and then back to chapter 7

assistant: The best answer is D. recognizing the requirement of 363 to obtain approval or consent in a chapter 13 case
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: *13-*14 (Tex.App.—Houston [1st Dist.] Sept. 30, 2014, pet. denied) (mem.op.).' Thus, a party is a prevailing party by “obtainfing] an award of specific enforcement of [a] settlement agreement and an end to the ongoing litigation in the case.” Id. at *14. Here, McCulley and TBW Development obtained specific performance of their settlement agreement with Palavan by having Palavan’s claims against them dismissed. McCulley and TBW Development were prevailing parties and were entitled to an award of attorneys’ fees. For the same reason, Palavan’s argument that the dismissal of his claims mooted McCulley’s and TBW Development’s breach of contract claims must fail. Dismissal of Palavan’s claims established that McCulley and TBW Development prevailed, not that their claims were mooted. See 3) Options: A. recognizing that appellate court may reverse trial courts judgment when it is based on an erroneous conclusion of law B. holding an appellate court cannot reverse a trial courts judgment absent properly assigned error C. holding appellate courts cannot reverse judgment on grounds not raised on appeal D. holding that issues not raised before the trial court cannot be raised on appeal E. recognizing appellate court may not reverse a summary judgment on a basis not raised by the appellant on appeal

assistant: The best answer is C. holding appellate courts cannot reverse judgment on grounds not raised on appeal
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: Vakilian v. Shaw, 335 F.3d 509, 518 (6th Cir.2003) (citing United Bhd. of Carpenters & Joiners of Am. v. Scott, 463 U.S. 825, 828-29, 103 S.Ct. 3352, 77 L.Ed.2d 1049 (1983)). The acts that allegedly “deprived the plaintiff of equal protection must be the result of class-based discrimination.” Id. (citing Newell v. Brown, 981 F.2d 880, 886 (6th Cir.1992)). A plaintiff fails to state an adequate claim if his allegations are premised upon mere conclusions and opinions. Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir.1987). A plaintiff must make sufficient factual allegations to link two alleged conspirators in the conspiracy and to establish the requisite “meeting of the minds” essential to the existence of the conspiracy. McDowell v. Jones, 990 F.2d 433, 434 (8th Cir.1993) (<HOLDING>). Coker has failed to properly allege a Options: A. holding that plaintiff had failed to state a claim for relief under section 1983 B. holding that a plaintiff failed to state a claim for a breach of a joint venture agreement where it failed to allege responsibility for losses C. holding that plaintiff failed to state a claim for conspiracy pursuant to 1985 for failure to allege a meeting of the minds D. holding that plaintiff failed to plead facts sufficient to allege affirmative misconduct on the part of the government E. holding that the plaintiff failed to allege breach of a valid and enforceable contract but stated a claim for promissory estoppel

assistant: The best answer is C. holding that plaintiff failed to state a claim for conspiracy pursuant to 1985 for failure to allege a meeting of the minds
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 that it makes it more likely that an offender, later possessing a gun, will use that gun deliberately to harm a victim.” Id. at 144-45, 128 S.Ct. 1581 (internal quotation marks omitted). Crews ignores the obvious fact that “knowingly causing] physical injury to another by means of a deadly or dangerous weapon,” Or.Rev.Stat. § 163.175(1)(b), likewise involves conduct associated with such future danger. See Begay, 553 U.S. at 146, 128 S.Ct. 1581 (assessing “a crime’s relevance to the possibility of future danger with a gun”). Our recent decision in Coronado does not compel a different conclusion here. There, we addressed whether, in light of Begay, a conviction under California Penal Code § 246.3 for discharging a firearm with gross negligence was a crime of violence un h Cir.2008) (<HOLDING>). In sum, because a violation of subsection Options: A. holding fleeing police officers in a vehicle was a violent felony under the acca B. holding that burglary is violent felony C. holding that vehicular flight from police officer after order to stop is violent felony under residual clause D. holding that to the extent a south carolina violation for failing to stop for a blue light required only negligent conduct it is not a violent felony under begay E. holding that under indiana law fleeing an officer in a vehicle constitutes a violent felony under begay because the flight must be done knowingly or intentionally

assistant: The best answer is E. holding that under indiana law fleeing an officer in a vehicle constitutes a violent felony under begay because the flight must be done knowingly or intentionally
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 have disclosed to the Lenders all matters known to it, that, individually or in the aggregate, could reasonably be expected to result in a Material Adverse Effect. None of the reports, financial statements, certificates or other information furnished by or on behalf of any Loan Party or any Subsidiary to the Administrative Agent or any Lender in connection with the negotiation of this Agreement or any other Loan Document (as modified or supplemented by other information so furnished) contains any material misstatement of fact or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; provided that, with respect to projected financial information, the Loan Parties represent only that such information was prepared in good faith based upon assumptions believed to be reasonable at the time delivered and, if such projected financial information was delivered prior to the Effective Date, as of the Effective Date.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if any provision of these terms are adjudged , by written decision , to be unlawful , void , or for any reason unenforceable , then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions .

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: For example, our discussion concerning the "custody” prong of orthodox Miranda analysis, see infra section III.A.2, merely provides some further guidance to the courts, the bar, and law enforcement officers by which to discern when, under circumstances in which a person has not been formally arrested, he or she nonetheless has been "significantly” deprived of his or he and dissenting in pail) (observing that, even if Miranda admits of a routine booking question exception, “it should not extend to booking questions that the police should know are reasonably likely to elicit incriminating responses” and disagreeing that the exception should extend only to those questions "designed” to elicit incriminating responses); United States v. Bishop, 66 F.3d 569, 572 n. 2 (3d Cir.1995) (<HOLDING>); Presley v. City of Ben-brook, 4 F.3d 405, 408 Options: A. recognizing the rule and the exception but holding facts did not support claim to exception B. recognizing the routine booking question exception C. recognizing the public interest exception D. recognizing such an exception E. recognizing exception

assistant: The best answer is B. recognizing the routine booking question exception
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 Amendment may be executed in any number of counterparts, and by the different parties hereto on the same or separate counterparts, each of which shall be deemed to be an original instrument but all of which together shall constitute one and the same agreement. Delivery of an executed counterpart of a signature page by facsimile or other electronic means shall be effective as delivery of a manually executed counterpart of this Amendment.

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: If any provision of the Plan or any Award is or becomes or is deemed to be invalid, illegal, or unenforceable in any jurisdiction, or as to any Person or Award, or would disqualify the Plan or any Award under any law deemed applicable by the Committee, such provision shall be construed or deemed amended to conform to applicable laws, or if it cannot be so construed or deemed amended without, in the determination of the Committee, materially altering the intent of the Plan or the Award, such provision shall be stricken as to such jurisdiction, Person, or Award, and the remainder of the Plan and any such Award shall remain in full force and effect.

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: Recipient may disclose Confidential Information to its employees and information which may be retained in non-tangible form by persons who have had access to the Confidential Information, including without limitation general ideas, concepts, know-how provided that prior agreement with such parties sufficient to require that party to treat the Confidential Information in accordance with this Agreement.

assistant: Yes
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: Pursuant to Section 24 of the Lease, GKF shall be permitted at any time to assign any and all of its rights and obligations under the Lease to its wholly-owned subsidiary, provided that such all of such assigned obligations shall be guaranteed by GKF.

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: All payments under this Agreement will be subject to all deductions required by law, including applicable taxes and withholdings. In accordance with its normal payroll practices, the Company will mail to your home address in the Company's records any tax reporting forms it prepares in accordance with any payments made to you, at such time as those forms are prepared and/or filed. An IRS Form 1099 will be issued to you with respect to the reimbursement of legal fees described in Section 2 above. You will be solely responsible and liable for any taxes owed on any payments or benefits made or provided to you under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to challenge section 14-107 both facially and as applied. The defendants dispute the plaintiffs’ standing to raise a facial challenge, but argue that the plaintiffs’ claims fail in any event. As discussed below, we conclude that section 14-107 was constitutionally applied to the plaintiffs despite reservations about the constitutionality of the statute were it subject to a facial vagueness challenge. The central question presented by this appeal therefore is whether the plaintiffs are permitted to bring their void-for-vagueness challenge facially. We conclude that they are not. A. Facial and As-Applied Vagueness Challenges Facial challenges are generally disfavored. See, e.g., Wash. State Grange v. Wash. State Republican Party, 552 U.S. 442, 450, 128 S.Ct. 1184, 170 L.Ed.2d 151 (2008) (<HOLDING>); Farrell v. Burke, 449 F.3d 470, 494 (2d Options: A. holding that courts should exercise judicial restraint and decide asapplied challenges before facial challenges B. recognizing that courts should exercise judicial restraint in a facial challenge C. holding that a state may not exercise a prior restraint on publishing a newspaper D. holding that in deciding on a facial constitutional challenge it is improper to consider only limited hypothetical applications E. holding that exhaustion of arbitration procedure is not necessary before the district court could consider a facial constitutional challenge

assistant: The best answer is B. recognizing that courts should exercise judicial restraint in a facial challenge
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 Amendment may be executed in two or more counterparts and via facsimile, pdf or electronic delivery, each of which shall be considered an original instrument, but all of which shall be considered one and the same agreement, and shall become binding when one or more counterparts have been signed by each of the Parties and delivered to the other Party.

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: c. Seller, Key Personnel and Shareholder covenant and agree that each shall not for a period of one (1) year, communicate or divulge to, or use for the benefit of itself or any other person, firm, association or corporation, any information in any way relating to the Proprietary Property, in competition with the business of the Company.

assistant: No
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 Plan shall take effect as of the closing of the Company’s initial public offering subject to approval by the shareholders of the Company as required by Section 423 of the Code, which approval must occur within twelve months of the adoption of the Plan by the Board.

assistant: Effective Dates
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 that a Participant’s Employment with the Company is terminated due to the Participant’s Disability, such Participant’s unvested portion of the Deferral Award shall immediately vest (in which case, the date of the Participant’s termination due to Disability shall be referred to as the “ Vesting Date ” for such portion of the Deferral Award) and be delivered to the Participant in accordance with Article V.

assistant: Disability
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 Warrant shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Warrant is held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not render invalid or unenforceable any other provision of this Warrant.

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: if he finds and publishes his finding in the Federal Register that____”). While, to be sure, subsection 10(d) requires the Secretary to publish her findings, this is different from the subsection 10(c) requirement that inf s that plaintiffs have suffered an informational injury which confers standing to challenge the Rule under subsection 10(c) of the Act. A Organizational Standing on Other Bases Cary and FOA plaintiffs also contend that they suffer organizational injuries. A plaintiff suffers an organizational injury if the alleged violation “perceptibly impair[s]” its ability to carry out its activities. See Havens Realty Corp. v. Coleman, 455 U.S. 363, 379, 102 S.Ct. 1114, 71 L.Ed.2d 214 (1982); see also Nat’l Taxpayers Union, Inc. v. United States, 68 F.3d 1428, 1433 (D.C.Cir.1995) (<HOLDING>). Plaintiffs do not have standing, however, if Options: A. holding that fjactfmding is proper when considering a motion to dismiss where the jurisdictional facts in the complaint are challenged B. holding that organizational standing is proper where the challenged conduct has directly harmed an organizations ability to provide services C. holding that unconstitutional government action can only be challenged by a person directly affected it cannot be challenged by one invoicing the rights of third parties D. holding that organizational plaintiff failed to establish standing to challenge creche E. holding that the organizational plaintiff has representative standing to assert ada violations only in so far as the named member has standing

assistant: The best answer is B. holding that organizational standing is proper where the challenged conduct has directly harmed an organizations ability to provide services
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 addition to, but without duplication of, any available remedy at law, in the event of failure or threatened failure by Seller to comply with the terms of this Agreement, Buyer shall be entitled to an injunction restraining such failure or threatened failure and, subject to obtaining any necessary FCC consent, to enforcement of this Agreement by a decree of specific performance requiring compliance with this Agreement.

assistant: Specific Performance
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: testified, but states that without the benefit of discovery cannot admit or deny the factual allegations contained therein. Pl.’s Resp. 11 ¶ 49. 11 . Plaintiff filed an amended complaint two days later. See PL’s Ex. 4, at 8. 12 . This regulation states: Prior to a request for a hearing in a case, the agency shall dismiss an entire complaint: (3) That is the basis of a pending civil action in a United States District court in which the complainant is a party provided that at least 180 days have passed since the filing of the administrative complaint; or that was the basis of a civil action decided by a United States District Court in which the complainant was a party[.] 29 C.F.R. § 1614.107(a)(3). 13 . But see Clayton v. Rumsfeld, 106 Fed.Appx. 268, 271 (5th Cir.2004) (unpub. op.) (<HOLDING>); Hornsby v. Conoco, Inc., 777 F.2d 243, 247 Options: A. holding that additional consideration is a factor in determining whether there is an implied contract of employment B. holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion C. holding that an employer in an employment discrimination case may not justify its conduct based on evidence that did not motivate it at the time of the employment decision D. holding that an additional remedy does not constitute an additional requirement E. holding that additional charges were barred in an employment discrimination case when the additional charges did not reflect the essence of the other charges

assistant: The best answer is E. holding that additional charges were barred in an employment discrimination case when the additional charges did not reflect the essence of the other charges
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and actions shall be taken openly as provided in this act.” Wyo. Stat. Ann. § 16-4-401. Section 403(a) effectuates that purpose: All meetings of the governing body of an agency are public meetings, open to the public at all times, except as otherwise provided. No action of a governing body of an agency shall be taken except during a public- meeting following notice of the meeting in accordance with this act. Action taken at a meeting not in conformity with this act is null and void and not merely voidable. Wyo. Stat. Ann. § 16-4-403. [¶13] The rationale behind the Act’s open-government objective is the same as the purpose of the Wyoming Public Records Act—to maintain an “open and accountable government.” Aland v. Mead, 2014 WY 83, ¶¶ 10-13, 327 P.3d 752, 758-59 (Wyo. 2014) (<HOLDING>). We will likewise afford the Act a liberal Options: A. holding an ambiguous contract will be construed against the party drafting the same B. holding that to implement the goal of the wpra disclosure generally prevails over secrecy the wpra will be afforded a liberal interpretation and exceptions will be construed narrowly C. holding that general categorical release clauses are narrowly construed D. holding that the definition of customer under sipa should be construed narrowly E. holding that if the contract can be given a definite and certain meaning or interpretation the contract is not ambiguous and will be construed by the court as a matter of law

assistant: The best answer is B. holding that to implement the goal of the wpra disclosure generally prevails over secrecy the wpra will be afforded a liberal interpretation and exceptions will be construed narrowly
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: With respect to each Primary Mortgage Loan, during the time the Seller has serviced such Primary Mortgage Loan, all taxes, governmental assessments, insurance premiums, water, sewer and municipal charges, leasehold payments and ground rents relating to such Primary Mortgage Loan have been timely paid by the Seller in material compliance with the Applicable Requirements and Accepted Servicing Practices to the extent such items are required to have been paid pursuant to Applicable Requirements.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to engage in some rescue and recovery effort, and if such an effort were to occur immediately downstream from a lock, then some not-insignificant interruption of commercial activity might result. This potential inter ruption is sufficient to satisfy the first part of the “connection test.” The second enquiry in the “connection test” requires examination of whether the tortfeasor’s activity was substantially related to traditional maritime activity. See Grubart, 513 U.S. at 539, 115 S.Ct. 1043. There can be no reasonable dispute that the operation of a lock is a traditional maritime activity. See, e.g., Marine Transit Corp. v. Dreyfus, 284 U.S. 263, 52 S.Ct. 166, 76 L.Ed. 282 (1932) (vessel sank while approaching a lock); The Montello, 20 Wall. 430, 87 U.S. 430, 22 L.Ed. 391 (1874) (<HOLDING>). Both the location and connection requirements Options: A. holding that wetlands adjacent to navigable waters are included in the term territorial waters B. holding that waters in utah are of two classes private and public and title to public waters is in the public all are equal owners that is have coequal rights therein C. holding that private property in beds and shores of navigable streams is subject to the exercise of the public right of navigation D. recognizing the importance of public welfare and conservation of water in administering its public waters E. recognizing that locks dams and canals allow navigation of otherwise unnavigable waters

assistant: The best answer is E. recognizing that locks dams and canals allow navigation of otherwise unnavigable waters
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: in order to make the arbitration most convenient to you , airbnb agrees that any required arbitration hearing may be conducted , at your option , ( a ) in the county where you reside ; ( b ) in san francisco county ; ( c ) in any other location to which you and airbnb both agree ; ( d ) via phone or video conference ; or ( e ) for any claim or counterclaim under $ 25,000 , by solely the submission of documents to the arbitrator .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement, the Employment Agreement and the other agreements referred to in the Employment Agreement constitute the entire agreement and understanding of the parties with respect to the subject matter herein and supersedes all prior agreements, arrangements and understandings, written or oral, between the parties. Executive acknowledges and agrees that he is not relying on any representations or promises by any representative of the Company concerning the meaning of any aspect of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the actual knowledge of the Managing Member, there is no material action, suit or proceeding pending or threatened against or affecting the Property, or arising out of the ownership, management or operation of the Property, this Agreement or the transactions contemplated hereby.

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: Executive represents and warrants that, except as disclosed to the Corporation prior to the date hereof, she is not subject to any non-competition or similar restrictions with any other company that will restrict or adversely affect her ability to perform services for the Corporation. Executive also represents and warrants that she has not disclosed, will not disclose, and has no intention of disclosing any trade secrets or any confidential and/or proprietary business information of any other company to the Corporation or to any individual employed by or associated with the Corporation, nor has she or will she use any such information for the Corporation’s or her benefit.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: matter jurisdiction over the debtor’s instant motion to determine it’s own tax liability and the allocation of payments tendered by the debtor’s counsel and debtor’s trustee concerning the IRS’s proof of claim. Campbell Enterprises, Inc. v. U.S. (Matter of Campbell Enterprises, Inc.), 66 B.R. 200, 203-04 (Bkrtcy.D.N.J.1986); Deel v. United States (In re Deel), 65 B.R. 230, 231-32, 15 C.B.C.2d 1021 (Bkrtcy.W.D.Va.1986). Cf., United States v. Huckabee Auto Co., 783 F.2d 1546, 1549, 14 C.B.C.2d 483 (11th Cir.1986) (Bankruptcy Court’s jurisdiction extends only to determinations of the tax liability of debtors and not nondebtors.); Success Tool and Manufacturing Company v. United States (In re Success Tool and Manufacturing Company), 62 B.R. 221, 222-23, CCH B.L.R., 71252 (N.D.Ill.1986) (<HOLDING>); Gennari v. United States (In re Educators Options: A. holding that where an action is brought by the debtors at the initial proceeding the appeal of that action is not a continuing proceeding against the debtors B. holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons C. holding it was irrelevant that irss collection of 100 section 6672 liability against responsible nondebtor debtors principal officer and major shareholder would affect the debtors reorganization although nondebtors financing was necessary for debtors reorganization bankruptcy court had no jurisdiction to enjoin the irs at debtors request on behalf of nondebtor D. holding that payments made by third parties on behalf of debtors are disbursements notwithstanding the debtors lack of control over the funds E. holding bankruptcy court had jurisdiction to issue injunction of state court litigation against debtors principal stating this power under 11 usc 105a includes the authority to enjoin litigants from pursuing actions in other courts that threaten the integrity of the debtors estate

assistant: The best answer is C. holding it was irrelevant that irss collection of 100 section 6672 liability against responsible nondebtor debtors principal officer and major shareholder would affect the debtors reorganization although nondebtors financing was necessary for debtors reorganization bankruptcy court had no jurisdiction to enjoin the irs at debtors request on behalf of nondebtor