flwrlabs/fed-legal huggingface dataset:
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: WIL-Ireland and its Subsidiaries shall maintain or cause to be maintained (including through self‑insurance) insurance with respect to their property and business against such liabilities and risks, in such types and amounts and with such deductibles or self-insurance risk retentions, in each case as are in accordance with customary industry practice for companies engaged in similar businesses as WIL-Ireland and its Subsidiaries (taken as a whole), as such customary industry practice may change from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall promptly reimburse Executive for reasonable out-of-pocket business expenses incurred in connection with the performance of her duties hereunder, subject to (i) such policies as the Company may from time to time establish, (ii) Executive furnishing the Company with evidence in the form of receipts satisfactory to the Company substantiating the claimed expenditures, and (iii) Executive receiving advance approval from the CEO in the case of expenses (or a series of related expenses) in excess of $5,000.

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

user: 5.4 Each party agrees (ii) not to disclose such Confidential Information to any third parties, and Each party agrees to instruct all such employees not to disclose such Confidential Information to third parties, including consultants, without the prior written permission of the disclosing party.

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: Use the proceeds of (a) the Term Loans, together with cash contributed to the Borrower, to (i) effect the Closing Date Refinancing and (ii) pay fees and expenses in connection with the Transactions and for working capital and general corporate purposes, and (b) the Revolving Loans and the Letters of Credit for general corporate (including working capital) purposes of the Borrower and its Restricted Subsidiaries not prohibited by this Agreement; provided , that Revolving Loans made on the Closing Date in an aggregate principal amount (together with the aggregate face amount of any Letters of Credit issued on the Closing Date (other than Existing Letters of Credit)) of up to $200,000,000 may also be used for the purposes described in clause (a) above.

assistant: Use Of Proceeds
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 Executive’s annual base salary is $370,000, which is subject to review and redetermination by the Company from time to time. The annual base salary in effect at any given time is referred to herein as “Base Salary.” The Base Salary will be payable in a manner that is consistent with the Company’s usual payroll practices for senior executives.

assistant: Base Salary
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 this Agreement shall bind and inure to the benefit of the surviving entity in any merger or consolidation in which the Bank is a party, or any assignee of all or substantially all of the Bank’s business and properties. Mr. Clarkson’s rights and obligations under this Agreement may not be assigned by him, except that his right to receive accrued but unpaid compensation, unreimbursed expenses, and other rights, if any, provided under this Agreement, which survive termination of this Agreement shall pass after death to the personal representatives of his estate.

assistant: Successors
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: shareholders. The Supreme Court concluded that liability under Rule 10b-5 was sufficiently expansive to cover investors where a fraud or deceit can be practiced on one party with resultant harm to another person or group of persons. 521 U.S. at 656, 117 S.Ct. 2199. The Financial Institutions call Lead Plaintiff’s interpretation of O'Hagan a "gross misreading,” leading to a result that is contrary to the Fifth Circuit's ruling in this action. O’Hagan involved an appeal of a criminal conviction for insider trading, not imposition of civil liability in a private action under § 10(b). The Supreme Court did not address the reliance element at all because, unlike in a private cause of action, it does not apply to criminal cases. See, e.g., U.S. v. Haddy, 134 F.3d 542, 549 (3d Cir.1998) (<HOLDING>), cert. denied, 525 U.S. 827, 119 S.Ct. 75, 142 Options: A. holding that reliance is not an element of the crime of stock manipulation B. holding that reliance is not a required element of securities fraud in a state enforcement action in idaho C. holding that reliance is not an element to be proven under securities fraud in indiana D. holding that reasonable reliance is not an element of the defense E. holding the connection is an element

assistant: The best answer is A. holding that reliance is not an element of the crime of stock manipulation
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 PARTIES HERETO HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT. THE PARTIES HERETO ALSO WAIVE ANY BOND OR SURETY OR SECURITY UPON SUCH BOND WHICH MIGHT, BUT FOR THIS WAIVER, BE REQUIRED OF THE OTHER PARTY. THE PARTIES HERETO ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO ENTER INTO A BUSINESS RELATIONSHIP, THAT EACH HAS ALREADY RELIED ON THE WAIVER IN ENTERING INTO THIS AGREEMENT AND THAT EACH WILL CONTINUE TO RELY ON THE WAIVER IN THEIR RELATED FUTURE DEALINGS. THE COMPANY AND EXECUTIVE FURTHER WARRANT AND REPRESENT THAT EACH HAS REVIEWED THIS WAIVER WITH THEIR RESPECTIVE LEGAL COUNSEL, AND THAT EACH KNOWINGLY AND VOLUNTARILY WAIVES THEIR RESPECTIVE JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING, AND THE WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THE TRANSACTION CONTEMPLATED HEREBY. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: his jury waiver. The judgment of the Court of Appeals is affirmed. WHITE, J. joins with note: I join the opinion of the Court. However, I also agree with the reasoning in J. MEYERS’ concurring opinion. 1 . The Court of Appeals originally overruled appellant’s points of error on the ground that they were not preserved for review. Marquez v. State, No. 03-93-458-CR (Tex.App.—Austin Feb. 2, 1994) (unpublished opinion). On petition for discretionary review, this Court held that the points were properly preserved and remanded the cause for further proceedings. Marquez v. State, No. 266-94 (Tex.Crim.App. May 18, 1994) (unpublished opinion). 2 . The Sixth Circuit seems to reach a similar conclusion with regard to federal constitutional law. Sinistaj v. Burt, 66 F.3d 804 (6th Cir.1995) (<HOLDING>). Moreover, although the case has apparently Options: A. holding that the federal constitutional right to a jury trial does not apply to decisions to impose consecutive sentences B. recognizing the right to waive a jury trial C. holding with or without a local rule so requiring failure to file motion to withdraw the reference when jury demanded was a waiver of right to jury trial D. holding that there is both a statutory and a constitutional right to a jury trial under erisa because congress lacks constitutional authority to limit right to a jury E. holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial

assistant: The best answer is E. holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial
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: Employee agrees that in the event that (i) Employee breaches any term of Sections 3 or 4 hereof or this Section 5, or (ii) Employee challenges the validity of all or any part of this Section 5, and all or any part of this Section 5 is found invalid or unenforceable for any reason whatsoever by a court of competent jurisdiction or an arbitrator in a proceeding between Employee and a Company Entity, in addition to any other remedies at law or in equity the Company may have available to it, the Company shall not be obligated to make any of the payments and may cease to make such payments or to provide for any of the benefits specified in Section 2 hereof, and shall be entitled to recoup from Employee any and all of the value of the payments and benefits provided pursuant to Section 2 hereof that have vested or been paid pursuant to that Section.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary contained herein, the Board may, at any time and from time to time, without any further action of the Committee, exercise the powers and duties of the Committee under the Plan, but only to the extent it would not cause a loss of any benefits under Section 162(m).

assistant: Powers
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: clearly established precedent for his position”); Lieberman v. Thomas, 505 F.3d 665, 672 (7th Cir.2007) (“Nowhere in the petition does Lieberman demonstrate how the state appellate court’s opinion conflicts with, or unreasonably applied, relevant Supreme Court precedent....”). Crockett’s factual challenge focuses upon the Illinois Appellate Court’s determination that Crockett failed to show that the trial court unreasonably delayed in informing defense counsel of the note prior to the verdict. Crockett claims that the record shows the trial court did unreasonably delay, and the Illinois Appellate Court’s conclusion to the contrary was unreasonable in light of the evidence. Applying the standard from Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993) (<HOLDING>), he claims that the error had a substantial Options: A. holding that states improper use of defendants postmiranda silence was error but did not warrant habeas relief unless error had a substantial and injurious effect or influence on the jurys verdict B. holding that for habeas relief to be granted based on constitutional error in capital penalty phase error must have had substantial and injurious effect on the jurys verdict in the penalty phase C. holding that a substantial right is affected when the error had a substantial and injurious effect or influence in determining the jurys verdict D. holding that an error must have a substantial and injurious effect on the verdict to entitle a petitioner to habeas relief E. holding that nonconstitutional error is harmless if it did not have substantial and injurious effect or influence in determining the jurys verdict

assistant: The best answer is D. holding that an error must have a substantial and injurious effect on the verdict to entitle a petitioner to habeas 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 legal provision and list the applicable contract clause categories. Provision: This Assignment (including the recitals to this Assignment which are incorporated herein) and the Agreement set forth the entire understanding and agreement of the parties hereto, and shall supersede any other agreements and understandings (written or oral) between Assignor and Assignee on or prior to the date of this Assignment with respect to the matters set forth herein. No amendment or modification to any terms of this Assignment, waiver of any covenant, obligation, breach or default under this Assignment or termination of the Assignment (other than as expressly provided in this Assignment), shall be valid unless in writing and executed and delivered by Assignor and Assignee.

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: upon the group “may be drawn from proof that the co-conspirators knew of each other’s participation or actually benefitted from the activities of his co-conspirators.” Id. In the present matter, the government argues that Nye and Jimenez, Herrera’s alleged co-conspirators, benefitted one another by selling to the same people, Herrera and Theodoratos, because each sale would increase the quantity of drugs that Herrera could sell, and he would then presumably buy larger quantities for resale. This thesis, however, is insufficient, on its own, to show th prove one conspiracy involving Herrera, Theodoratos, Jimenez and Nye. Rather, the evidence presented shows two separate conspiracies. Nonetheless, this circumstance does not require a reversal of the conviction. See id. at 1081-83 (<HOLDING>). While, as noted, Herrera claimed the evidence Options: A. recognizing the two different types of conspiracies under the federal statute B. holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction C. holding that the conviction should be upheld because there was no prejudice to the defendant even though the defendant had been charged with one conspiracy and the proof at trial showed two separate conspiracies D. holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant E. holding that where the date of the offense is not an element of the charge a variance between the indictment date and the proof at trial is not fatal so long as the acts charged were committed within the statute of limitations period and prior to the return date of the indictment

assistant: The best answer is D. holding that the conviction should be affirmed despite the existence of two conspiracies where the indictment charged only one because this variance did not prejudice the defendant
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 shall be entitled to participate in benefits under the Company’s benefit plans and arrangements, including, without limitation, any employee benefit plan or arrangement made available in the future by the Company to its senior executives, subject to and on a basis consistent with the terms, conditions and overall administration of such plans and arrangements. The Company shall have the right to amend or delete any such benefit plan or arrangement made available by the Company to its senior executives and not otherwise specifically provided for herein. Executive shall also be entitled to such supplemental benefits as are agreed upon by Executive and the Company from time to time.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To receive the consideration described in Sections 2(b) of this Agreement, the Executive must sign a Separation of Employment and General Release Agreement, substantially in the form attached hereto as Annex A (the " Release" ), deliver the signed Release to the Company’s General Counsel within thirty (30) days after the Termination Date (unless a longer period is required by law), and not revoke the Release within the seven-day revocation period provided for in the Release.

assistant: Releases
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: employs in cases involving § 301” and quoting the Lueck passage quoted above); Livadas v. Bradshaw, 512 U.S. 107, 123-24, 114 S.Ct. 2068, 2078, 129 L.Ed.2d 93 (1994) (“it is the legal character of a claim, as independent of rights created under the collective-bargaining agreement, that decides whether a state cause of action may go forward”) (citation omitted). To determine whether a claim is preempted, and hence removable, the Supreme Court has said that “an application of state law is pre-empted by § 301 ... if such application requires the interpretation of a collective-bargaining agreement.” Lingle v. Norge Division of Magic Chef, 486 U.S. 399, 413, 108 S.Ct. 1877, 1885, 100 L.Ed.2d 410 (1988) (em phasis added); Shafii v. British Airways, PLC, 83 F.3d 566, 569-70 (2d Cir.1996) (<HOLDING>) (quota? tion omitted). However, the Lingle Options: A. holding that if the resolution of a statelaw claim depends upon the meaning of a collectivebargaining agreement the application of state law is preempted and federal laborlaw principles necessarily uniform throughout the nation must be employed to resolve the dispute B. holding that a wrongful discharge claim based on violation of a state public policy is not preempted because it is a nonnegotiable independent statelaw right C. holding that the iccta preempted statelaw tortiousinterference claim D. holding that the statelaw protecting employees from retaliatory discharge was independent from the cba because the statelaw claim could be resolved without interpreting the agreement itself E. holding that a statelaw claim is preempted and removable from state court if resolution of the claim depends on an interpretation of the collectivebargaining agreement

assistant: The best answer is E. holding that a statelaw claim is preempted and removable from state court if resolution of the claim depends on an interpretation of the collectivebargaining agreement
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term (as defined in Section 4 ), the Company shall pay Employee a salary at the annual rate of $360,000 or such greater amount as the Board or a committee thereof may from time to time establish pursuant to the terms hereof (the “ Base Salary ”). Such Base Salary shall be reviewed annually and may be increased, but not decreased, by the Board or a committee thereof in its sole discretion. The Base Salary shall be payable in accordance with the Company’s customary payroll practices for its senior management personnel.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Notwithstanding anything to the contrary herein, unless notified in writing to the contrary, for purposes of seeking approvals of the Preferred Backstop Investors hereunder, such as in accordance with Section 6.4 , the Company Parties may rely on the written approval (including email) of KKWC.

assistant: Approvals
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: Bobo, 820 N.W.2d at 516 (describing an evidentiary hearing as “the means for evaluating the credibility of a witness” (emphasis added)). Moreover, even if the dissent’s strict definition of what constitutes a “recanta tion” were correct, the Larrison standard applies broadly to all allegations of false trial testimony, not just to witness recantations, Pippitt, 737 N.W.2d at 227, so the dissent’s metaphysical discussion of recantations is ultimately beside the point. Thus, no matter how we label Caldwell’s allegations-as allegedly false testimony or as recantations — the Larrison standard requires us to examine the substance of the witnesses’ statements, rather than how the witnesses characterize their statements, to determine whether they may have testified falsely at trial. See id. (<HOLDING>). It is the substance of the conflicting Options: A. holding that an ontherecord evidentiary hearing is necessary when the trial court is asked to rule in limine that a witness cannot be asked questions to show that he is biased prejudiced interested in the outcome of the proceeding or has a motive to testify falsely B. holding that attorneys testimony was not relevant to any issues contained in the appellants pleadings and that the appellant had failed to demonstrate that the attorneys testimony could not be gained from any other witness or source C. holding that defendants waived any challenge to the trial courts failure to hold an evidentiary hearing D. holding that not only the employees testimony at the grievance hearing but also the affidavit that he filed and his agreement to be listed as a potential witness were entitled to protection E. holding following an evidentiary hearing that the first larrison prong was not satisfied when a witness claimed that he had testified falsely at trial but failed to provide any details or otherwise demonstrate which parts of his testimony were false

assistant: The best answer is E. holding following an evidentiary hearing that the first larrison prong was not satisfied when a witness claimed that he had testified falsely at trial but failed to provide any details or otherwise demonstrate which parts of his testimony were false
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: Review, see AR1 Final Determination, 79 Fed.Reg. at 26,714). AR2 Prelim. Determination, 80 Fed.Reg. at 1389. Senmao’s rate became the separate rate (as the only individually investigated non-de min-imis, non-AFA rate). Id. Changzhou Hawd, as a separate rate respondent in the Second Administrative Review, is subject to this sepa-rale rate. Id. The final determination will be issued no later than July 8, 2015. Fourth Redetermination, ECF No. 130, at 5. 26 . See Nippon Steel Corp. v. United States, 458 F.3d 1345, 1351 (Fed.Cir.2006) (explaining that the substantial evidence standard asks whether, given the record as a whole, the agency’s determination was reasonable). 27 . See Burlington Truck Lines, Inc. v. United States, 371 U.S. 156, 168, 83 S.Ct. 239, 9 L.Ed.2d 207 (1962) (<HOLDING>). 28 . Nonetheless, Plaintiff again argues that Options: A. holding that to show a causal connection the plaintiff must demonstrate a relationship between the misconduct and the plaintiffs injury B. holding that the failure to articulate the basis for declining jurisdiction may be clear error C. holding the connection is an element D. holding that the agency must articulate rational connection between the facts found and the choice made E. holding that there must be a causal connection between the advertising activity and the injury alleged in the underlying complaint

assistant: The best answer is D. holding that the agency must articulate rational connection between the facts found and the choice made
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that SECO’s assets were not dissipated in lieu of those of its fellow customers. Furthermore, the Receiver has not yet had the opportunity to complete his investigation into Credit Bancorp’s finances, and it is not altogether clear how any distribution of assets will be handled. Depending upon how this case proceeds, Credit Bancorp may well be brought into bankruptcy and its assets liquidated and distributed by a bankruptcy court. A disgorgement order may also be proposed by the SEC, subject to review by this Court. The only thing certain at this point is uncertainty. Uncertain, for example, are the various Credit Bancorp customers’ respective entitlements to Credit Bancorp’s assets, the priority of their interests in Credit Bancorp’s assets WL 269982, at *2-3 (E.D.Pa. Dec. 11, 1991) (<HOLDING>). Other courts however, based upon the facts Options: A. holding that uncharged amounts of drugs may be included as relevant conduct even if the defendant never actually possessed or distributed the drugs B. recognizing that a mailing must be sufficiently related to the fraudulent scheme to support a charge of mail fraud C. holding that money seized from a bank account must be traceable to illegal activity in order to be subject to forfeiture even if account previously contained proceeds of illegal activity D. holding that although fraudulent scheme must be reasonably calculated to deceive persons of ordinary prudence and comprehension the negligence of the victim in failing to discover a fraudulent scheme is not a defense to criminal conduct E. holding that proceeds directly traceable to stock invested with defendants must be distributed to original investors rather than distributed pro rata among all investors affected by fraudulent scheme

assistant: The best answer is E. holding that proceeds directly traceable to stock invested with defendants must be distributed to original investors rather than distributed pro rata among all investors affected by fraudulent scheme
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: None of Seller, any Affiliate of Seller, any Portfolio Entity or any of their respective officers, directors or employees has employed any broker or finder or incurred any Liability for any brokerage fees, commissions, finder’s fees or other similar obligations in connection with the transactions provided for in this Agreement.

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: Upon the reasonable request of the Administrative Agent, promptly perform or cause to be performed any and all acts and execute or cause to be executed any and all documents for filing under the provisions of the UCC or any other Requirement of Law which are necessary or advisable to maintain in favor of the Administrative Agent, for the benefit of the Secured Parties, Liens on the Collateral that are duly perfected in accordance with the requirements of, or the obligations of the Loan Parties under, the Loan Documents and all applicable Requirements of Law.

assistant: Further Assurances
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: as independent entities that solicited and accepted customer orders but used the services of FCMs for clearing, record keeping and retaining customer funds. See id. at 41. To guarantee the accountability of introducing brokers, the Commission was authorized to require them to meet “minimum financial requirements.” See id. First American Discount Corp. v. CFTC, 222 F.3d 1008, 1012 (D.C.Cir.2000). Thus, the legislative history behind the creation of IBs demonstrates Congressional intent not to render IBs agents of FCMs merely because of their status as IBs. Where, as here, the IB is engaged in non-CEA regulated activity, the court concludes that an IB of an FCM is not rendered an agent of the FCM by its mere IB status. See Cunningham v. Waters Tan & Co., 65 F.3d 1351, 1359 (7th Cir.1995) (<HOLDING>); cf. Tatum v. Legg Mason Wood Walker, Inc., 83 Options: A. holding that an alien is entitled to the fifth amendment guarantee of due process which is satisfied by a full and fair hearing B. holding that the sixth amendments guarantee of the assistance of counsel is made obligatory upon the states by the fourteenth amendment C. recognizing that a broad definition of stolen is consistent with the guidelines purposes and finding that the enhancement was properly applied where a defendant found a gun that was lost or mislaid by its owner who never authorized anyone to take the gun never sold it and never gave it away as a gift D. holding that an fcm by entering into a guarantee agreement with ib as an individual never agreed to guarantee ibs other venture as a commodity pool operator an activity of which fcm was never made aware E. holding an attorney does not have a duty to insure or guarantee that the most favorable outcome possible and because no amount of work can guarantee a favorable result attorneys would never know when the work they do is sufficiently more than adequate to be enough to protect not only their clients from error but themselves from liability

assistant: The best answer is D. holding that an fcm by entering into a guarantee agreement with ib as an individual never agreed to guarantee ibs other venture as a commodity pool operator an activity of which fcm was never made aware
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 parties agree that certain matters in which the Executive will be involved during the Employment Period may necessitate the Executive’s cooperation in the future. Accordingly, following the termination of the Executive’s employment for any reason, to the extent reasonably requested by the Company, the Executive shall cooperate with the Company, Company Affiliates and its or their counsel, including information requests relating to the business or affairs of the Company, as well as any investigation, litigation, arbitration or other proceeding related to the business or affairs of the Company, other than in connection with any dispute between the Executive and the Company or any Company Affiliate; provided that, the Company shall make reasonable efforts to minimize disruption of the Executive’s business or personal affairs, including limiting Executive’s travel to the extent reasonably possible. The cooperation includes the Executive making himself available for reasonable periods of time (with due regard for his other commitments) upon reasonable notice to the Executive in any such litigation or investigation and providing testimony before or during such litigation or investigation. The Company shall reimburse the Executive for reasonable out-of-pocket expenses incurred in connection with such cooperation; provided that, if the Company requires the Executive to devote significant time to such cooperation, the Company and the Executive will establish in good faith a reasonable hourly or daily rate for the time spent by the Executive on such cooperation, based on the Executive’s Base Salary as of the termination date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No specific provision contained in this Debenture shall limit or modify any more general provision contained herein. This Debenture shall be deemed to be jointly drafted by the Company and the Holder and shall not be construed against any person as the drafter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Lease may not be altered, changed or amended, except by an instrument in writing signed by both parties hereto. No custom or practice which may arise between the parties in the administration of the terms, provisions, covenants and conditions hereof will be construed to modify, waive or lessen the rights of Landlord hereunder.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The JSC and any Subcommittee shall have only the powers assigned expressly to it in this ARTICLE III and elsewhere in this Agreement, and shall not have any power to amend, modify or waive compliance with or the terms of this Agreement. In furtherance thereof, each Party shall retain the rights, powers and discretion granted to it under this Agreement and no such rights, powers or discretion shall be delegated or vested in the JSC or any Subcommittee unless such delegation or vesting of rights is expressly provided for in this Agreement or the Parties expressly so agree in writing.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: claims. First, Durham apparently challenges the delegation of judicial authority by the sentencing court to the BOP. He cites extensively to our decision in United States v. Overholt, 307 F.3d 1231 (10th Cir.2002), which holds that 18 U.S.C. § 3664 prohibits a sentencing court from delegating to the BOP the task of establishing a payment schedule for the payment of court-ordered restitution. Id. at 1255-56. However, as noted by the district court, we lack jurisdiction to entertain a claim of judicial delegation. This is because such a claim implicates the validity of Durham’s sentence, and Durham can only attack the validity of his sentence through a 28 U.S.C. § 2255 petition filed in the district court that sentenced him. See Bradshaw v. Story, 86 F.3d 164, 166-67 (10th Cir.1996) (<HOLDING>); see also Matheny v. Morrison, 307 F.3d 709, Options: A. holding that an attack on the computation and execution of a sentence must come in the form of a 2241 petition B. holding that 2255 is unavailable to attack execution of sentence C. holding that a 2255 petition seeking only reinstatement of the right to a direct appeal does not render any later petition a second or successive petition under the aedpa D. holding that subject matter jurisdiction under 2241 is present in the custodial court when the petition challenges the manner location or condition of a sentences execution E. holding that a petition under 2241 attacks the execution of a sen tence while a 2255 petition attacks the validity of a judgment and sentence

assistant: The best answer is E. holding that a petition under 2241 attacks the execution of a sen tence while a 2255 petition attacks the validity of a judgment and sentence
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: recuse was filed. At best, defendant might have argued that Vermont Rule of Criminal Procedure 26(a) formed a basis for challenging these actions, but, as mentioned earlier, defendant failed to preserve this argument at the trial level and therefore cannot present it on appeal. Rule 605 is not the proper vehicle for challenging whether evidence was taken ex parte. ¶ 31. The trial judge’s decision here regarding defendant’s competency was a decision to be made by only the judge, within her discretion, and not by the jury. The judge’s statements were made only to counsel, not to the jury, and do not raise the more problematic situation of a judge giving the jury information that was not otherwise presented in court. Cf., e.g., United States v. Nickl, 427 F.3d 1286, 1294 (10th Cir. 2005) (<HOLDING>). In essence, the majority’s decision today Options: A. holding that term court encompasses trial by both judge and jury B. holding that the trial judge rather than the jury makes the determination of whether the defendant violated the implied consent law C. holding that rule 605 was violated when trial judge made statements to jury that added new evidence regarding an ultimate factual issue to be decided by the jury D. holding that the fear a jury may improperly use rule 404b evidence subsides when the trial judge gives the jury a limiting instruction regarding proper use and that the fear of a trial by ambush recedes when the prosecution has given notice of the evidence to be introduced and there is no evidence that the prosecution is placing the defendants entire earlier life on trial E. recognizing that a trial court has the authority before accepting a verdict and before discharging a jury to send the jury back to correct a mistake in its verdict but concluding that jury had been discharged because jury was allowed to return to court on following day and was allowed to deliberate same issue it previously had decided

assistant: The best answer is C. holding that rule 605 was violated when trial judge made statements to jury that added new evidence regarding an ultimate factual issue to be decided by 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 legal provision and list the applicable contract clause categories. Provision: This Amendment No. 5 and each other Loan Document may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery by telecopier or e-mail of an executed counterpart of a signature page to this Amendment No. 5 and each other Loan Document shall be effective as delivery of an original executed counterpart of this Amendment No. 5 and such other Loan Document. The Administrative Agent may also require that any such documents and signatures delivered by telecopier be confirmed by a manually-signed original thereof; provided that the failure to request or deliver the same shall not limit the effectiveness of any document or signature delivered by telecopier.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if we provide a translated version of these terms , feature terms , the community rules , the zynga privacy policy , or any other terms or policy , it is for informational purposes only .

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: Hall argues that the amended judgment’s use of the term ‘‘dismissed’’ means that CFTC was awarded no relief. We disagree with this interpretation, which contradicts the district court's indisputable intention to award CFTC relief, and find that the amended judgment incorporates the relief provided in the summary judgment order. 2 . Hall did preserve a general argument that the magistrate judge's interpretation of § 4.14(a)(9) violated his free speech rights; to the extent he asserts this argument on appeal, we find that it is meritless because the magistrate judge's finding that Hall did not qualify for this exemption was based on Hall’s conduct in performing trades on his clients’ accounts rather than on his speech. See Willis v. Town of Marshall, 426 F.3d 251, 257 (4th Cir.2005) (<HOLDING>). 3 . We note that Hall’s argument below Options: A. holding that where the first amendment does not protect a certain activity there can be no first amendment right of association to engage in that activity B. holding first amendment claim requires actual protected conduct C. holding first amendment does not protect nonexpressive conduct D. holding that the first amendment does not protect true threats against the president E. holding that the first amendment does not protect obscenity or pornography produced with actual children

assistant: The best answer is C. holding first amendment does not protect nonexpressive conduct
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice hereunder by the Participant shall be given to the Company in writing and such notice shall be deemed duly given only upon receipt thereof by the chairman of the Board. Any notice hereunder by the Company shall be given to the Participant in writing and such notice shall be deemed duly given only upon receipt thereof at such address as the Participant may have on file with the Company.

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: A careful review of the record indicates that all of the features that led the Supreme Court to uphold the investigative detention at issue in Butler are present in this case as well. At bottom, Defendant voluntarily entered a drug-ridden area, comparable to the one in which Officer Hedges found the defendant in Butler. While in the area, two individuals approached Defendant’s car and inserted their hands into the interior of the vehicle. After Officer Pritchard became suspicious and approached Defendant and the two pedestrians, the two pedestrians fled and Defendant began to drive off. In the same manner, the defendant in Butler attempted to walk away after making eye contact with Officer Hedges. Under the analysis adopted by the Supreme Court in Butler, t 2 S.E.2d 538, 540-41 (1995) (<HOLDING>). Thus, since the Supreme Court’s decision in Options: A. holding that an officers reasonable belief that he had witnessed a handtohand drug transaction helped provide a reasonable suspicion to make an investigatory stop of defendants vehicle B. holding that a tip may provide the reasonable suspicion necessary to justify an investigatory stop C. holding that flight from police can help establish reasonable suspicion for an investigatory stop D. holding that circumstances created reasonable suspicion for investigatory stop E. holding that reasonable suspicion justifies an investigatory detention

assistant: The best answer is A. holding that an officers reasonable belief that he had witnessed a handtohand drug transaction helped provide a reasonable suspicion to make an investigatory stop of defendants vehicle
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts (and each party shall not be required to execute the same counterpart). Each counterpart of this Agreement including a signature page or pages executed by each of the parties hereto shall be an original counterpart of this Agreement, but all of such counterparts together shall constitute one instrument.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Jan. 18, 2000)). Plaintiff claims that Motiva’s failure to provide STAR base oils “had the effect of cutting off Darby from [the CISA] account.” (ComplJ 14.) In addition, by forcing Plaintiff to divert all its remaining supplies of the STAR base oils to satisfy CISA, Plaintiff “thereby lost the sales it would have made to its other customers, as well as the goodwill of said customers, causing substantial damage to Darby’s business.” (Id. ¶ 15.) These injuries, consisting of lost clients and lost opportunities, while perhaps significant to Plaintiff, are most aptly described as the expectation damages of Motiva’s non-performance of the unenforceable oral agreement. See N. Am. Knitting Mills, Inc. v. Int’l Women’s Apparel, No. 99-CV-4643, 2000 WL 1290608, at *3 (S.D.N.Y. Sept. 12, 2000) (<HOLDING>); Mobile Data Shred, 2000 WL 351516, at *4 Options: A. holding that loss of substantial clients does not amount to an unconscionable injury B. holding that injury to broker through loss of commission was not antitrust injury C. holding that a later concession to strike an unconscionable term does not change the fact that the arbitration agreement as written is unconscionable and contrary to public policy D. holding that loss of contingency fees that lawyers might have earned from other clients was not foreseeable and directly traceable to clients failure to pay amounts due under contract E. holding that a calculation of the amount of loss is a factual finding

assistant: The best answer is A. holding that loss of substantial clients does not amount to an unconscionable injury
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 Escrow Agent shall be indemnified and held harmless by ISS and the Stockholders’ Representative from and against any expenses, including counsel fees and disbursements, or loss suffered by the Escrow Agent in connection with any action, suit or other proceeding involving any claim or interpretation which in any way, directly or indirectly, arises out of or relates to this Escrow Agreement, the services of the Escrow Agent hereunder, or the Escrowed Consideration held by it hereunder, other than expenses or losses arising from the gross negligence or willful misconduct of the Escrow Agent. Promptly after the receipt by the Escrow Agent of notice of any demand or claim or the commencement of any action, suit or proceeding, the Escrow Agent shall notify the other Parties hereto in writing.

assistant: Indemnifications