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: he read and understood them. See Calderon Declaration, Ex. A. It also required him to agree that he accepted those terms and conditions and executed the car rental- agreement in full conformity with them. See id. Mr. Martin declares that he either was never given a copy of the folder jacket or was given it after he signed the rental agreement, but this representation is immaterial because the terms of an incorporated document must only have been easily available to him; they need not have actually been provided. See Wolschlager v. Fidelity National Title Ins. Co., 111 Cal.App.4th 784, 789-91, 4 Cal.Rptr.3d 179 (2003); Slaught v. Bencomo Roofing Co., 25 Cal.App.4th 744, 748-49, 30 Cal.Rptr.2d 618 (1994); see also Reilly v. WM Financial Servs., Inc., 95 Fed.Appx. 851, 852- ptr.3d 179 (<HOLDING>). Accordingly, the court finds that the Options: A. holding that an arbitration clause in a title insurance policy was properly incorporated by reference into the preliminary title report and thus was binding upon the insured even though the insured had not seen the policy or the arbitration clause prior to approving the preliminary title report B. holding claims based on title vii subject to arbitration C. holding that a dispute arising out of an insurance policy was not covered by the arbitration provision in the parties separate premium payment agreement because if the party had intended to subject this dispute to the arbitration provision it could easily clearly and unequivocally have done so either by including an arbitration provision in the insurance policy itself or by adding to the above arbitration provision D. holding that the insurer had no duty to defend the insured because the allegations of the initial complaint did not allege facts which would bring the case within the coverage of the title insurance policy E. holding that an arbitration clause was unenforceable because it prohibited an award of punitive damages which was available to the plaintiff under title vii

assistant: The best answer is A. holding that an arbitration clause in a title insurance policy was properly incorporated by reference into the preliminary title report and thus was binding upon the insured even though the insured had not seen the policy or the arbitration clause prior to approving the preliminary title report
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: Release . In consideration of the Agent’s willingness to enter into this Amendment, on behalf of the Lenders, each Borrower and Guarantor hereby releases and forever discharges the Agent and Lenders, and the Agent’s and Lenders’ respective predecessors, successors, assigns, officers, managers, directors, employees, agents, attorneys, representatives, and affiliates (hereinafter all of the above collectively referred to as the “ Bank Group ”), from any and all claims, counterclaims, demands, damages, debts, suits, liabilities, actions and causes of action of any nature whatsoever, including, without limitation, all claims, demands, and causes of action for contribution and indemnity, whether arising at law or in equity, whether known or unknown, whether liability be direct or indirect, liquidated or unliquidated, whether absolute or contingent, foreseen or unforeseen, and whether or not heretofore asserted, which any Borrower or Guarantor may have or claim to have against any of the Bank Group in any way related to or connected with the Credit Agreement or the Other Documents and the transactions contemplated thereby.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Caldwell’s motion for directed verdict. Accordingly, Caldwell’s convictions are AFFIRMED. WILLIAMS, J., concurs. KITTREDGE, J., concurs in result. KITTREDGE, J.: I concur in result but write separately as I believe it was error to admit the victims’ testimony concerning how they felt when Caldwell stared at their genitals. As the defense points out, the presence or absence of a victim’s “feelings” is irrelevant under the “peeping tom statute” because a victim’s emotional response has no bearing on any element of the crime. Indeed, in many such prosecutions, the victim is unaware of the peeping tom’s presence and the invasion of privacy. I concur in result as this error was harmless due to the overwhelming evidence of guilt. State v. Garver, 304 S.C. 220, 222, 403 S.E.2d 631, 632 (1991) (<HOLDING>). 1 . We decide this case without oral argument Options: A. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt B. holding that even if the statements were improperly admitted any error was harmless since there was overwhelming evidence connecting the defendant to the conspiracy C. holding the error harmless in light of the overwhelming evidence of guilt D. holding improperly admitted evidence may be harmless if other evidence of guilt is overwhelming and the error is insignificant by comparison E. holding improperly admitted evidence was harmless error given the overwhelming evidence of guilt

assistant: The best answer is E. holding improperly admitted evidence was harmless error given the overwhelming evidence of guilt
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 representations and warranties of the Seller contained in Section 3.02 will be true and correct on the 2016-A Closing Date, and the Seller will have performed on or prior to the 2016-A Closing Date all obligations to be performed by the Seller under this Agreement on or prior to the 2016-A Closing Date.

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 legal provision and list the applicable contract clause categories. Provision: This Agreement constitutes the entire agreement between the parties with respect to the Award, and, except as provided in Paragraph 12, supersedes and cancels any other agreement, representation or communication, whether oral or in writing, between the parties relating to the Award, provided that the Agreement shall be at all times subject to the Plan.

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: The Transactions (a) do not require any consent or approval of, registration or filing with, or any other action by, any Governmental Authority as a condition to the effectiveness, enforceability or performance thereof, except such as have been obtained or made and are in full force and effect, (b) will not violate any applicable law or regulation or the charter, by-laws, memorandum and articles of association or other organizational documents of the Borrower or any of its Subsidiaries or any order of any Governmental Authority, (c) will not violate or result in a default under any indenture, agreement or other instrument binding upon the Borrower or any of its Subsidiaries or its assets, or give rise to a right thereunder to require any payment to be made by the Borrower or any of its Subsidiaries, and (d) will not result in the creation or imposition of any Lien on any asset of the Borrower or any of its Subsidiaries except Liens created under the Credit Documents.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: this concept of perhaps somebody suggested mutual consent, to which he concurred. The court found plaintiff had something to gain from the novation in that [o]n the record the file became listed as a resignation. He had that to gain from and I don’t see that he had anything else, particularly, to gain from it. The facts presented lead us unequivocally to the conclusion that defendant Brown Boveri breached the employment contract. There is an emerging pattern of persuasive out-of-state case law supporting the propositions that Brown Boveri’s attempt to reclassify plaintiff to a lesser job status constructively discharged him in violation of his employment contract, see, e.g., Knee v. School District No. 139, In Canyon County, 106 Idaho 152, 153-55, 676 P.2d 727, 728-30 (Ct.App.1984) (<HOLDING>); Sanders v. May Broadcasting Co., 214 Neb. Options: A. recognizing that a constructive discharge claim and a hostile work environment claim are not equivalent because a constructive discharge claim imposes a higher standard B. holding that a constructive discharge would constitute a tangible employment action and prevent the employer from utilizing the affirmative defense to vicarious employer liability for sexual harassment C. holding that constructive discharge may qualify as a tangible employment action depriving employer of right to assert affirmative defense when a supervisors official act precipitates the constructive discharge D. recognizing the principle that where sufficient words or actions by the employer would lead a prudent man to believe his tenure has been terminated a constructive discharge is present E. holding defendants belief that his work was unfairly criticized is not sufficient for constructive discharge

assistant: The best answer is D. recognizing the principle that where sufficient words or actions by the employer would lead a prudent man to believe his tenure has been terminated a constructive discharge is present
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: none of these other cases stand squarely for this proposition. For example, the unpublished decision of the Fourth Circuit in United States v. Lopez, 1998 WL 476788 (4th Cir.1998), holds that "The Defendants' involvement in the conspiracy ... ended with their arrest and conviction.” Id. (emphasis supplied). While the Michigan decision does rely on Fifth Circuit precedent in "noting” the defendants’ part in the conspiracy ended when they were arrested, the issue in that case was whether the government could invoke an exception to the Double Jeopardy bar which allows the state to prosecute a greater crime following a conviction for a lesser included offense where the state learned of additional facts after the first conviction. People v. Wilson, 454 Mich. 421, 563 N.W.2d 44 (1997) (<HOLDING>). 2 . Petitioner has no valid Double Jeopardy Options: A. holding that blakely v washington 542 us 296 124 sct 2531159 led2d 403 2004 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 B. holding that proof of prejudice is generally a necessary but not sufficient element of a due process claim and that the due process inquiry must consider the reasons for the prejudice quoting united states v lovasco 431 us 783 790 97 sct 2044 52 led2d 752 1977 C. recognizing that inmates have a right to receive legal advice from other inmates only when it is a necessary means for ensuring a reasonably adequate opportunity to present claimed violations of fundamental constitutional rights to the courts quoting bounds v smith 430 us 817 825 97 sct 1491 52 led2d 72 1977 D. holding that apprendi v new jersey 530 us 466 120 sct 2348 147 led2d 435 2000 did not overrule almendareztorres v united states 523 us 224 118 sct 1219 140 led2d 350 1998 E. holding government had not met its burden allowing it to invoke the brown v ohio 432 us 161 97 sct 2221 53 led2d 187 1977 exception

assistant: The best answer is E. holding government had not met its burden allowing it to invoke the brown v ohio 432 us 161 97 sct 2221 53 led2d 187 1977 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 case excerpt and choose the best holding from the options. Case excerpt: rights are never property rights or that the Government may always take them for their own benefit without compensation. Connolly v. Pension Benefit Guar. Corp., 475 U.S. 211, 223-24, 106 S.Ct. 1018, 89 L.Ed.2d 166 (1986) (internal conditional grant of funds to California did not subject the federal government to liability for California’s actions. Second, California’s legislature cannot be considered to have acted under federal ore, cannot be construed as a grant of authority for California to pass legislation on behalf of the federal government. This is not even a case in which Congress first regulated a particular field and then delegated its authority to regulate that field to another sovereign entity. See United States v. Mazurie, 419 U.S. 544, 95 S.Ct. 710, 42 L.Ed.2d 706 (1975) (<HOLDING>). California had, at all times, the inherent Options: A. holding indian tribes subject to gamblingrelated taxes from which states are exempt B. holding in the context of an adea claim that an indian tribes sovereign immunity had not been abrogated by congress and subject matter jurisdiction did not exist C. holding that federal legislation with respect to indian tribes is not based upon impermissible racial classifications and noting that article i 8 of the constitution gives congress the power to regulate commerce with the indian tribes D. holding that congress which regulated the introduction of alcoholic beverages in indian country could validly delegate to indian tribes its authority to regulate that subject matter because indian tribes themselves possessed independent authority over the subject matter E. holding the constitution vests the federal government with exclusive authority over relations with indian tribes

assistant: The best answer is D. holding that congress which regulated the introduction of alcoholic beverages in indian country could validly delegate to indian tribes its authority to regulate that subject matter because indian tribes themselves possessed independent authority over the subject matter
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: owned water system must charge the same rate to residents and nonresidents. The requirement that a municipality supplying public services to its own residents must act reasonably is stated more explicitly throughout Utah law. Article XI, section 6 of the Utah Constitution mandates that a municipal corporation supply water owned by it to its inhabitants “at reasonable charges.” Utah Code Ann. § 10-8-38 authorizes municipalities to construct and operate sewer systems and to “make a reasonable charge for the use thereof.” This court has also held that water and sewer connection fees must be reasonable. Banberry Development Corp. v. South Jordan City, 631 P.2d 899, 901 (Utah 1981); see also Call v. City of West Jordan, 614 P.2d 1257, 1258 n. 1, 1259 (Utah h 530, 15 P.2d 648 (1932) (<HOLDING>). It is significant that Utah courts have Options: A. holding that policy limits are not a defense to coverage and that policy limits define the amount of coverage B. recognizing that an attorneys fee award does not become final and ripe for review until the amount is set C. holding amount of fee for municipal inspection of gasoline and oil may be set by citys legislative department within reasonable limits D. recognizing that the exercise of zoning authority within a home rule citys municipal borders is a matter of local concern E. holding that where a contract for legal services fails to expressly provide for the amount of the fee a reasonable fee is implied

assistant: The best answer is C. holding amount of fee for municipal inspection of gasoline and oil may be set by citys legislative department within reasonable limits
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 rights and obligations of the parties under the provisions of this Agreement, including Sections 1.5, this Article IV and Article V, shall survive and remain binding and enforceable, notwithstanding the termination of Employee’s employment for any reason, to the extent necessary to preserve the intended benefits of such provisions.

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 case excerpt and choose the best holding from the options. Case excerpt: needed and that the current labeling requirements appropriately described the need for physicians to closely monitor transplant patient when using immunosuppressant drugs. Defs.’ Opp’n at 14-15 (citing Woodcock Letter at 13). As the defendants note, the FDA explained that “the current review process for ANDAs is adequate to assure the interchangeability of generic versions of immunosuppressant drugs such as tacrolimus with their branded counterparts.” Id. at 15 (quoting Woodcock Letter at 13). Accordingly, the FDA concluded that there was no need for the additional notices requested by the plaintiff. The “high degree” of deference afforded to the FDA in assessing scientific data applies to the FDA’s determinations regarding labeling requirements for drugs. See Henley, 77 F.3d at 620 (<HOLDING>); Biovail Corp. v. Food & Drug Admin., 519 Options: A. recognizing that it is the proponents burden to demonstrate the admissibility of expert scientific testimony B. holding that the fda did not act in an arbitrary or capricious manner in refusing to require that a requested warning be placed on a drug label because the fdas determination of what labeling best reflects current scientific information regarding the risks and benefits of the drug involves a high degree of expert scientific analysis C. holding that graphology is accorded a low measure of scientific reliability in predicting character or state of mind and is not generally accepted in the scientific fields of psychology and psychiatry D. holding that expert opinion based on scientific technique is inadmissible unless technique is generally accepted as reliable in relevant scientific community E. holding that scientific hydrographic judgment and purely scientific considerations do not involve policy considerations and are not protected by the discretionary function exception

assistant: The best answer is B. holding that the fda did not act in an arbitrary or capricious manner in refusing to require that a requested warning be placed on a drug label because the fdas determination of what labeling best reflects current scientific information regarding the risks and benefits of the drug involves a high degree of expert scientific analysis
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: by uploading photos/images onto our system ( for instance in addition to a review ) you certify , warrant and agree that you own the copyright to the photos/images and that you agree that booking.com may use the uploaded photos/images on its ( mobile ) website and app , and in ( online/offline ) promotional materials and publications and as booking.com at its discretion sees fit .

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 shall be binding upon and inure to the benefit of the Credit Parties, Administrative Agent and the other Lender Parties and their respective representatives, successors, and assigns, provided , that no interest herein may be assigned, and no obligation may be delegated, by any Credit Party without prior written consent of Administrative Agent. Subject to Section 14.13 , the rights and benefits of Lender Parties under the Loan Documents shall inure to any Person acquiring any interest in the Obligations from such Lender Party, unless otherwise agreed by such Lender Party and any such Person.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: By contrast, nonjurisdictional rules and deadlines may be extended or waived.”); see also Bowles v. Russell, 551 U.S. 205, 211-13, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007); Smith v. United States, 984 A.2d 196, 200-01 (D.C.2009). It should be noted that even statutory restrictions governing the cases courts may hear are not to be deemed jurisdictional unless the intent of the legislature is clear. See Sebelius v. Auburn Reg'l Med. Ctr., — U.S.-, 133 S.Ct. 817, 824, 184 L.Ed.2d 627 (2013). 38 . Super. Ct. Civ. R. 82. 39 . D.C.Code § 2-510(a) (2012 Repl.). 40 . See D.C.App. R. 15(a)(2); Capitol Hill Restoration Soc. v. Mayor’s Agent for Historic Preservation, 44 A.3d 271, 277 (D.C.2012). 41 . See D.C.App. R. 3(a), (c). 42 . See Patterson v. District of Columbia, 995 A.2d 167, 170 (D.C.2010) (<HOLDING>) (quoting Torres v. Oakland Scavenger Co., 487 Options: A. holding on appeal from a habeas corpus denial that counsel was not ineffective for failure to file a notice of appeal because of defendants escape B. holding that the 30day notice of appeal requirement is mandatory and jurisdictional C. holding that defendants failure to appeal the voluntariness of a plea constitutes waiver of the issue on subsequent appeal D. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to appeal E. holding that timeliness of filing of notice of appeal is a jurisdictional issue

assistant: The best answer is D. holding that identification of appellant in notice of appeal is a jurisdictional requirement and that the failure to name a party in a notice to appeal constitutes a failure of that party to 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 legal provision and list the applicable contract clause categories. Provision: No agent, broker, investment banker, finder, financial advisor, firm or other Person is entitled to any broker's, finder's, financial advisor's or other similar fee or commission or reimbursement of expenses in connection with the Transactions based upon arrangements made by or on behalf of the Company or any Company Subsidiary.

assistant: Brokers
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 and each of its Subsidiaries has filed (or has obtained extensions of the time by which it is required to file) all United States federal income tax returns and all other material tax returns required to be filed by it and has paid all Taxes shown due on the returns so filed as well as all other Taxes, assessments and governmental charges which have become due, except (a) such Taxes, if any, as are being contested in good faith and as to which adequate reserves have been provided, (b) Taxes which are not overdue by more than thirty (30) days and (c) other Taxes that do not at any time exceed $5,000,000 in the aggregate.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Performance-Based Vesting. On the Determination Date, the Committee shall determine whether the Performance Goal has been achieved for the Performance Period, and shall specify the level of any such achievement (the “ Performance Factor ”) (and, accordingly, the number of earned Shares subject to this Award), based on the scoring and adjustment provisions set forth in Appendix B . If the Performance Factor is less than 100%, then the number of Target Shares that exceeds the Performance Factor shall be immediately forfeited on the Determination Date, and only the number of Shares correlating to the Performance Factor shall be deemed outstanding and shall be considered Restricted Shares for purposes of this Award Agreement. Except as otherwise determined by the Committee in its sole discretion, which shall be subject to Section 6(f) of the Plan, or as otherwise provided in this Section 3, vesting of the Restricted Shares is contingent on the achievement of the Performance Goal within the Performance Period and your continued employment with the Company or an Affiliate through the Vesting Date. Except as otherwise provided in Section 3(a)(ii) – (iv), if your employment with the Company or an Affiliate terminates at any time before the Vesting Date, the Restricted Shares shall be immediately forfeited.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is not sufficient to bar a retrial. Lewis has received one of the remedies that Brady envisions, a new trial. The prosecution’s alleged Brady violations in this case simply do not implicate the Double Jeopardy Clause or otherwise bar his retrial. The district court thus did not err in rejecting Lewis’s double jeopardy claim. CONCLUSION We DISMISS Lewis’s fair warning claim for lack of jurisdiction. Although we have jurisdiction over his double jeopardy claim because it raises a colorable claim, the substance of that double jeopardy claim lacks merit. We therefore AFFIRM the district court’s denial of Lewis’s motion to dismiss with respect to the double jeopardy claim. DISMISSED, in part, and AFFIRMED, in part. 1 . Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) (<HOLDING>). 2 . Lanier involved a defendant, state judge Options: A. holding that the prosecutions suppression of evidence material to guilt or punishment violates due process regardless of the prosecutions good or bad faith B. holding prosecutions suppression of favorable material evidence violates due process C. holding that suppression by the prosecution of evidence favorable to an accused violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution D. holding that suppression of evidence favorable to an accused upon request violates due process when evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution E. holding that suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment irrespective of the good faith or bad faith of the prosecution

assistant: The best answer is A. holding that the prosecutions suppression of evidence material to guilt or punishment violates due process regardless of the prosecutions good or bad faith
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: By the issuance of a Letter of Credit (or an amendment to a Letter of Credit increasing the amount thereof) and without any further action on the part of the Issuing Bank that issues such Letter of Credit or the Lenders, each Issuing Bank that issues a Letter of Credit hereunder hereby grants to each Lender, and each Lender hereby acquires from such Issuing Bank, a participation in such Letter of Credit equal to such Lender’s Applicable Percentage of the aggregate amount available to be drawn under such Letter of Credit. In consideration and in furtherance of the foregoing, each Lender hereby absolutely and unconditionally agrees to pay to the Administrative Agent, for the account of any Issuing Bank that issues a Letter of Credit hereunder, such Lender’s Applicable Percentage of each LC Disbursement made by such Issuing Bank and not reimbursed by the Borrower on the date due as provided in Section 2.08(e) , or of any reimbursement payment required to be refunded to the Borrower for any reason. Each Lender acknowledges and agrees that its obligation to acquire participations pursuant to this Section 2.08(d) in respect of Letters of Credit is absolute and unconditional and shall not be affected by any circumstance whatsoever, including any amendment, renewal or extension of any Letter of Credit or the occurrence and continuance of a Default, the existence of a Borrowing Base Deficiency or reduction or termination of the Commitments, and that each such payment shall be made without any offset, abatement, withholding or reduction whatsoever.

assistant: Participations
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 audited Consolidated financial statements of the Borrower, for the fiscal year ended December 31, 2014 and the unaudited Consolidated financial statements of the Borrower for the fiscal quarter ended September 30, 2015, furnished to the Administrative Agent and the Lenders, are true and complete in all material respects, have been prepared in accordance with GAAP, and fairly present in all material respects the financial condition of the Companies as of the dates of such financial statements and the results of their operations for the periods then ending.

assistant: Financial Statements
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 Agreement shall be for an initial period of three years commencing as of the Effective Date, and shall be automatically renewed for successive three-year periods thereafter, unless terminated pursuant to Section 6 below; provided, however , that Executive’s obligations in Section 5 below shall continue in effect after such termination.

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: Notices required or permitted hereunder shall be given in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail by certified mail, with postage and fees prepaid, addressed to the Participant to his address shown in the Company records, and to the Company at its principal executive office.

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: By prohibiting government from imposing any substantial burden on an inmate’s religious exercise unless the burden is justified by a compelling, and not just a legitimate, governmental interest, RLUIPA accords greater protection to an inmate than the Free Exercise Clause of both the Idaho and federal constitutions. See Smith v. Allen, 502 F.3d 1255 (11th Cir.2007); Guru Nanak Sikh Society of Yuba City v. County of Sutter, 326 F.Supp.2d 1140, 1162 (E.D.Cal.2003), affirmed by 456 F.3d 978, (9th Cir.2006) (deciding that because petitioners’ claims succeed under RLUIPA, there was no need to consider whether they succeed under the lower level of scrutiny). See also Communist Party of Indiana v. Whitcomb, 414 U.S. 441, 452 n. 1, 94 S.Ct. 656, 663, n. 1, 38 L.Ed.2d 635, 644, n. 1 (1974) (<HOLDING>). Thus, where we have addressed Hyde’s claims Options: A. holding that constitutional questions will not be decided if case can be decided on other grounds B. holding that representation issues are matters relegated to the board representation issues may not be decided by contract and thus may not be decided by an arbitrator C. holding that issues decided by an intervening supreme court case need not be identical to be controlling D. holding that constitutional issues need not be decided where narrower grounds exist for according relief E. holding that it is inappropriate to reach constitutional issues when a case can be decided on other grounds

assistant: The best answer is D. holding that constitutional issues need not be decided where narrower grounds exist for according relief
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: period will accrue interest at the utility’s weighted average cost of capital as reported in the commission’s earnings surveillance reporting requirement for the prior year. SACE argues (1) that section 366.93 delegates legislative authority to the PSC in violation of the separation of powers clause of the Florida Constitution and, alterna tively, (2) that the PSC’s finding that the utility companies demonstrated an intent to build for cost recovery purposes under the statute is arbitrary and unsupported by competent, substantial evidence. We reject both arguments. A. Separation of Powers The PSC did not, and indeed could not, rule on the constitutionality of section 366.93, Florida Statutes (2010). See Fla. Hosp. v. Agency for Health Care Admin., 823 So.2d 844, 849 (Fla. 1st DCA 2002) (<HOLDING>). We therefore consider this matter as one of Options: A. recognizing that administrative agencies routinely apply equitable estoppel in administrative hearings and that permitting them to do so is consistent with administrative remedy exhaustion requirements and separation of powers B. recognizing that administrative agencies lack to power to consider or determine constitutional issues C. recognizing that administrative agencies are not bound by rules of evidence D. holding that we consider issues not raised at administrative level waived E. recognizing that we lack jurisdiction to consider issues not raised in the parties briefs

assistant: The best answer is B. recognizing that administrative agencies lack to power to consider or determine constitutional issues
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 Loan Parties represents and warrants to the Administrative Agent and the Lenders that, by its execution and delivery hereof to the Administrative Agent, after giving effect to this Amendment: (i) the representations and warranties of the Loan Parties contained in Article 6 of the Credit Agreement shall be true and correct on and as of the date hereof with the same effect as though such representations and warranties had been made on and as of such date (except representations and warranties which relate solely to an earlier date or time, which representations and warranties shall be true and correct on and as of the specific dates or times referred to therein); (ii) the Loan Parties shall have performed and complied with all covenants and conditions of the Credit Agreement and this Amendment; (iii) no Event of Default or Potential Default under the Credit Agreement shall have occurred and be continuing or shall exist, (iv) since the Closing Date of the Credit Agreement no event has occurred which would have a Material Adverse Effect, and (v) there are no actions, suits, investigations, litigation or governmental proceedings pending or, to the Loans Parties' knowledge, threatened against any of the Loan Parties that could reasonably be expected to have a Material Adverse Effect.

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 legal provision and list the applicable contract clause categories. Provision: The Parent will, and will cause each Subsidiary to, comply with all laws, rules, regulations, orders, writs, judgments, injunctions, decrees or awards to which it may be subject, the failure to comply with which would reasonably be expected to have a Material Adverse Effect. The Parent will maintain in effect policies and procedures reasonably designed to promote compliance by the Parent, its Subsidiaries and their respective directors, officers and employees with Anti-Corruption Laws and applicable Sanctions.

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: THIS AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS FIFTH AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ITS PRINCIPLES OR RULES OF CONFLICT OF LAWS TO THE EXTENT SUCH PRINCIPLES OR RULES ARE NOT MANDATORILY APPLICABLE BY STATUTE AND WOULD REQUIRE OR PERMIT THE APPLICATION OF THE LAWS OF ANOTHER 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: A showing of past persecution creates a rebuttable presumption of a well-founded fear of future persecution. Id. at 1231. Persecution is an extreme concept, requiring more than a few isolated incidents of verbal harassment or intimidation, and mere harassment does not amount to persecution. Id. Tan failed to demonstrate that a reasonable factfinder would have been compelled to find that it was more likely than not that she would have faced persecution if returned to Indonesia. She failed to establish past persecution because none of the events to which she referred, including the robbery, the discrimination, and the problems at the department of motor vehicles, rose to the level of extreme conduct that persecution encompasses. See AR at 96, 103-04, 110-11; Sepulveda, 401 F.3d at 1231 (<HOLDING>). Indeed, she testified that she had never been Options: A. holding that harm must be sufficiently severe rising above mere harassment to constitute persecution B. holding that to constitute persecution harm must be more than harassment C. holding that to constitute persecution the harm must rise above mere harassment D. holding that persecution is an extreme concept requiring more than mere harassment E. holding that to constitute persecution the harm must be sufficiently severe rising above mere harassment

assistant: The best answer is D. holding that persecution is an extreme concept requiring more than 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 case excerpt and choose the best holding from the options. Case excerpt: discretion” in the absence of explicit standards or procedures. See City of Lakewood v. Plain Dealer Publ’g Co., 486 U.S. 750, 757, 108 S.Ct. 2138, 100 L.Ed.2d 771 (1988); Freedman v. Maryland, 380 U.S. 51, 85 S.Ct. 734, 13 L.Ed.2d 649 (1965). Prior restraints on expression in a public forum have generally been subjected to exacting scrutiny. See FW/PBS, Inc. v. Dallas, 493 U.S. 215, 226, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990) (plurality opinion) (collecting cases). However, “the context in which [a prior restraint] occurs can affect the level of scrutiny applied.” Milwaukee Police Ass’n v. Jones, 192 F.3d 742, 749 (7th Cir.1999). Prior restraints in a nonpublic forum have been upheld as long as they were reasonable and viewpoint-neutral. See Cornelius, 473 U.S. at 813, 105 S.Ct. 3439 (<HOLDING>); Muller v. Jefferson Lighthouse Sch., 98 F.3d Options: A. holding that school officials could prevent a student from distributing invitations in a public elementary school a nonpublic forum because the restraint was reasonable B. holding that the courthouse lobby was a nonpublic forum C. holding that a federal charity drive a nonpublic forum could limit participation to a number of select charities as long as the restriction was reasonable and viewpointneutral D. holding that a statesponsored televised election debate was a nonpublic forum and state officials could exercise broad editorial discretion in deciding which candidates to invite as long as the decisions were reasonable and viewpointneutral E. holding that a courthouse was a nonpublic forum but an unenclosed courthouse plaza was a designated public forum

assistant: The best answer is C. holding that a federal charity drive a nonpublic forum could limit participation to a number of select charities as long as the restriction was reasonable and viewpointneutral
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: — we nonetheless should reverse the lower courts’ refusal to grant relief from the Plan’s injunctive provisions, quoted supra note 2, so that the churches can initiate a proceeding in the Massachusetts probate court to conform the trusts to the will and reintroduce the “bed for indigent patients” limitation. BRMC argues that this is a non-issue because the earlier probate orders constitute a bar to further proceedings on res judicata grounds. We need not reach the res judicata issue (and, consequently, do available to a litigant in the bankruptcy court conceivably might be available in another forum is not, in and of itself, sufficient to require the bankruptcy court to lift an injunction or a stay. See, e.g., In re Federated Dep’t Stores, Inc., 328 F.3d 829, 836-37 (6th Cir.2003) (<HOLDING>). The bankruptcy court is entitled to consider Options: A. holding that trial court had discretion to relax the thirtyday rule in the interests of justice B. holding that the trial court did not abuse its discretion in refusing to relax the civil rules and hear a motion that was essentially a filing long overdue C. holding that denial of amendment is within discretion of trial court D. holding that the bankruptcy court acted within its discretion in refusing to relax an antisuit injunction even though the denial of relief might cause hardship to the movants ability to litigate a state law claim E. holding that the state court may adjudicate the applicability of a bankruptcy injunction to state court litigation

assistant: The best answer is D. holding that the bankruptcy court acted within its discretion in refusing to relax an antisuit injunction even though the denial of relief might cause hardship to the movants ability to litigate a state law claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Note, And The Other Written Loan Documents Executed By Borrower, Parent And Lender (Or By Borrower or Parent For The Benefit Of Lender) Represent The Final Agreement Among Borrower, Parent And Lender And May Not Be Contradicted By Evidence Of Prior, Contemporaneous, Or Subsequent Oral Agreements By Borrower, Parent And Lender. There Are No Unwritten Oral Agreements Among Borrower, Parent And Lender. This Section 15 Is Included Herein Pursuant To Section 26.02 Of The Texas Business And Commerce Code, As Amended From Time To Time.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the plant site. Acting under CERCLA, the EPA imposed administrative liability, not only on the polluters, but on the insured auto dealerships who had sold the pollutants to the polluters. Id. at 1518. The pollution exclusion contained in the policy at issue in Industrial Indemnity was identical to the one at issue in the present case. The Honorable William Terrell Hodges, United States District Judge, in reviewing issues nearly identical to those raised in this case, held that “sudden has a temporal meaning to it as well as a sense of the unexpected.” 731 F.Supp. at 1520 (citing C.L. Hauthaway & Sons v. American Motorists Ins., 712 F.Supp. 265, 268 (D.Mass.1989) (ordinary and common usage of term “sudden” includes temporal aspect of immediacy, abruptne ., 856 F.2d 31, 34 (6th Cir.1988) (<HOLDING>). Applying the definition of “sudden and Options: A. holding that a single thunderstorm was a sudden and dangerous occurrence B. holding that negligent construction is not sudden unexpected or unanticipated and does not constitute an accident C. holding that the indictment was sufficient to satisfy the continuity requirement since it alleged that the defendants conduct occurred over a period of eight years D. holding that more than a year between the protected activity and the discharge is not close enough to support the causal connection requirement E. holding that the phrase sudden and accidental is not a synonym for unexpected and unintended and that the discharge of coal dust over an eight year period was not sudden

assistant: The best answer is E. holding that the phrase sudden and accidental is not a synonym for unexpected and unintended and that the discharge of coal dust over an eight year period was not sudden