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: this Court has yet to decide whether a posse 296-97 (Tex. 1983) (reversing directed verdict where, “even in the absence of evidence showing the storeowner’s actual or constructive knowledge of the presence on the floor of the specific object causing the fall,” the plaintiff had shown that the storeowner failed to protect its customers from a dangerous condition it knew to reoccur); Dumont v. Shaw’s Supermarkets, Inc., 664 A.2d 846, 848 (Me. 1995) (“A plaintiff does not have to prove that the store owner had actual notice of the specific condition giving rise to the injury if the plaintiff can establish that the store owner was aware of the risk of a recurrence of a hazardous condition of the premises.”); Rallis v. Demoulas Super Markets, Inc., 159 N.H. 95, 977 A.2d 527, 531-32 (2007) (<HOLDING>); see also Moultrey v. Great A & P Tea Co., 281 Options: A. holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition B. holding that circuit court erred in failing to instruct the jury on the statutory presumptions where the issue was whether the physical exertions of the claimants job aggravated or contributed to his heart condition C. holding that it was improper for the trial court to instruct the jury that it could not consider the states failure to videotape the defendant D. holding that the district court erred in failing to properly charge the jury on defendants affirmative defenses E. holding the trial court erred in failing to instruct the jury that defendant claiming selfdefense had no duty to retreat

assistant: The best answer is A. holding that the trial court erred in failing to instruct the jury that it could find constructive notice from evidence that the defendants knew of a recurring dangerous condition
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 Executive have executed and delivered an Indemnification Agreement dated [•] (the “ Indemnification Agreement ”). To the extent any provision set forth in the Indemnification Agreement is in conflict with any provision set forth in this Agreement, the provision set forth in the Indemnification Agreement shall govern. Further, Executive shall be entitled to coverage under the Directors and Officers Liability Insurance program to the same extent as other similarly situated executive officers of the Company.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments shall be made in lawful money of the United States of America at the principal office of the Lender, or at such other place as the holder hereof may from time to time designate in writing to the Company. Payment shall be credited first to Costs (as defined below), if any, then to accrued interest due and payable and any remainder applied to principal. The Company may prepay the whole or any portion of the outstanding balance of this Note at any time and from time to time without any prepayment penalty or premium. The Company hereby waives demand, notice, presentment, protest and notice of dishonor. Notwithstanding any other provision of this Note, the Lender does not intend to charge, and the Company shall not be required to pay, any interest or other fees or charges in excess of the maximum permitted by applicable law. Any payments in excess of such maximum shall be refunded to the Company or credited to reduce the outstanding balance of the Loan hereunder.

assistant: Payments
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: alleges that CUNY’s conduct violated the Fifth and Fourteenth Amendments of the United States Constitution. Compl. ¶¶ 9396. These claims are barred by the Eleventh Amendment. The Second Circuit has decisively held that CUNY and its senior colleges, like Hunter College, are “arms of the state,” which are immune from suit under the Eleventh Amendment. Clissuras, 359 F.3d at 83; see also Jackson v. City Univ. of New York, No. 05-Civ.-8712, 2006 WL 1751247, at *2 (S.D.N.Y. June 23, 2006) (Rakoff, J.). And neither of the aforementioned exceptions — statutory abrogation or prospective injunctive relief from a state official — applies to a direct constitutional claim brought directly against a state entity. Santiago v. New York State Dept. of Corr. Services, 945 F.2d 25, 30-32 (2d Cir.1991) (<HOLDING>); Garcia v. Paylock, 13-CV-2868, 2014 WL Options: A. holding that the fourteenth amendment was not an unequivocal expression of congressional intent to abrogate states immunity and reversing district courts rejection of new yorks eleventh amendment argument B. holding that congress exceeded its authority under 5 of the fourteenth amendment in attempting to abrogate the states eleventh amendment immunity in adea suits C. holding that congress may abrogate a states immunity pursuant to its enforcement power under 5 of the fourteenth amendment D. holding that the tia does not abrogate states immunity under the eleventh amendment E. holding that the nyshrl does not waive the new yorks eleventh amendment immunity to suit in federal court

assistant: The best answer is A. holding that the fourteenth amendment was not an unequivocal expression of congressional intent to abrogate states immunity and reversing district courts rejection of new yorks eleventh amendment argument
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: AMH shall pay to NMM successive quarterly installments comprising all accrued and unpaid interest on the principal balance hereof from time-to-time outstanding at the Prime Rate plus one percent (1%), commencing on the first day of the first month immediately following the execution of this Note, and continuing on the same day of each third (3 rd ) succeeding month thereafter until the Maturity Date.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: There are no actions or proceedings pending or, to the knowledge of the Company, threatened by or against Company or any of its Subsidiaries involving more than, individually or in the aggregate, Ten Thousand Dollars ($10,000). There is no action, suit, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “ Action ”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the issuance of the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary nor any director or officer of either thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any Subsidiary or any current director or executive officer of the Company or any Subsidiary.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: T HIS F IRST A MENDMENT ( INCLUDING , BUT NOT LIMITED TO , THE VALIDITY AND ENFORCEABILITY HEREOF ) SHALL BE GOVERNED BY , AND CONSTRUED IN ACCORDANCE WITH , THE LAWS OF THE S TATE OF N EW Y ORK .

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 legal provision and list the applicable contract clause categories. Provision: Purchaser represents and warrants that it has complied with all applicable laws, rules and regulations within the applicable countries associated with this Agreement. Purchaser agrees to notify Seller immediately of any regulatory action of which Purchaser has knowledge that is taken in relation to it by any federal, national, state, provincial, regional, county or municipal authority within any country or special administrative region that relates to or affects the manufacture, packaging, labeling, storage, advertising, marketing, sale, licensing, or distribution of products or services related to the Patents and/or Patent Applications. Notwithstanding anything contained in this Agreement to the contrary, the obligations of the Parties shall be subject to all laws, present and future, of any government having jurisdiction over the Parties and this transaction, and to orders, regulations, directions or requests of any such government.

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: The Company and each of its Subsidiaries has been duly organized, validly existing as a corporation and in good standing under the laws of their respective jurisdictions of organization. The Company and each of its Subsidiaries are, and will be, duly licensed or qualified as a foreign corporation for transaction of business and in good standing under the laws of each other jurisdiction in which their respective ownership or lease of property or the conduct of their respective businesses requires such license or qualification, and have all corporate power and authority necessary to own or hold their respective properties and to conduct their respective businesses as described in the Registration Statement and the Prospectus, except where the failure to be so qualified or in good standing or have such power or authority would not, individually or in the aggregate, have a material adverse effect or would reasonably be expected to have a material adverse effect on or affecting the assets, business, operations, earnings, properties, condition (financial or otherwise), prospects, stockholders’ equity or results of operations of the Company and the Subsidiaries taken as a whole, or prevent or materially interfere with consummation of the transactions contemplated hereby (a “ Material Adverse Effect ”).

assistant: Organizations
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 you have purchased or received a code , gift card , pre-paid offer or other offer provided or sold by or on behalf of spotify for access to a paid subscription ( `` code '' ) , separate terms and conditions presented to you along with the code may also apply to your access to the service and you agree to comply with any such terms and conditions .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall (a) by 9:30 a.m. (New York City time) on the Trading Day immediately following the date hereof, issue a press release disclosing the material terms of the transactions contemplated hereby, and (b) file a Current Report on Form 8-K, including the Transaction Documents as exhibits thereto, with the Commission within the time required by the Exchange Act. From and after the issuance of such press release, the Company represents to the Purchaser that it shall have publicly disclosed all material, non-public information delivered to the Purchaser by the Company or any of its Subsidiaries, or any of their respective officers, directors, employees or agents in connection with the transactions contemplated by the Transaction Documents. The Company and the Purchaser shall consult with each other in issuing any other press releases with respect to the transactions contemplated hereby, and neither the Company nor the Purchaser shall issue any such press release nor otherwise make any such public statement without the prior consent of the Company, with respect to any press release of the Purchaser, or without the prior consent of the Purchaser, with respect to any press release of the Company, which consent shall not unreasonably be withheld or delayed, except if such disclosure is required by law, in which case the disclosing party shall promptly provide the other party with prior notice of such public statement or communication. Notwithstanding the foregoing, the Company shall not publicly disclose the name of the Purchaser, or include the name of the Purchaser in any filing with the Commission or any regulatory agency or Trading Market, without the prior written consent of the Purchaser, except: (a) as required by federal securities law in connection with the filing of final Transaction Documents with the Commission and (b) to the extent such disclosure is required by law or Trading Market regulations, in which case the Company shall provide the Purchaser with prior notice of such disclosure permitted under this clause (b).

assistant: Publicity
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: exhaustion would have proved futile. iii. The Books Plaintiff alleges that she had leg surgery (apparently unrelated to this action) in July 2013. (ECF No. 30 at 11.) During a post-surgery visit to the Colorado Children’s Hospital, Plaintiff was given a letter stating she should have two sets of books — one for home and one for school. (Id.) Defendants never complied with this request. (Id.) This claim required exhaustion. The failure to provide school books has both a clear educational source and an adverse educational impact. Cudjoe, 297 F.3d at 1067. Thus, resort to the IDEA’S administrative remedies would not have proved futile in this case because it would have allowed the school to remedy the situation by simply providing Plaintiff another set of books. Cudjoe, 297 F.3d at 1068 (<HOLDING>). Any claims by Plaintiff related to Options: A. holding that school districts provision of teaching materials in a tardy fashion had an educational source and educational consequences B. recognizing application of sovereign immunity to school districts C. holding that the idea requires a school district to provide the educational equivalent of a serviceable chevrolet not a cadillac D. holding that an individualized educational program that merely provided for educational services as appropriate did not result in the denial of a free appropriate public education E. holding that the exception applies where the parents and school district had conflicting educational philosophies regarding mainstreaming of the student which were likely to recur

assistant: The best answer is A. holding that school districts provision of teaching materials in a tardy fashion had an educational source and educational consequences
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the 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 applicable Issuing Bank or the Lenders, the Issuing Bank that is the issuer thereof 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 such Issuing Bank, 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 paragraph (e) of this Section, 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 paragraph 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 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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we assume no liability or responsibility for any errors or omissions in the content of the products , or any failures , delays , or interruptions in the provision of the products .

assistant: Limitation of liability
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: statement is relevant to understanding the purpose of the relocation provision with respect to the broader interests of Section 17.52.515, the Court denies this objection. ■ ■ 29 . Plaintiffs also cite a single case from the Oregon Supreme Court to argue that the on-site/offsite distinction in Section 17.52.515 runs afoul of the liberty of speech clause. Opp'n at 24 (citing Outdoor Media Dimensions, Inc. v. Dep’t of Transp., 340 Or. 275, 132 P.3d 5, 18 (2006)). The Court does not consider this case persuasive. The Ninth Circuit has rejected the approach suggested by Outdoor Media Dimensions, explicitly recognizing that the onsite/offsite distinction is not content-based under the California Constitution. See Vanguard Outdoor, LLC v. City of L.A., 648 F.3d 737, 747-48 (9th Cir.2011) (<HOLDING>). In the absence of any authority to the Options: A. holding that restriction of medicaid funding to those abortions that are necessary to save the life of the mother violates equal protection guarantee of new jersey constitution although same restriction does not violate united states constitution B. holding that an arbitration agreement that was invalid due to unconscionability was not enforceable C. holding that definition of seizure under state constitution differs from that under us constitution D. recognizing exception under state constitution E. holding that offsite sign ban was a contentneutral restriction that was not facially invalid under california constitution

assistant: The best answer is E. holding that offsite sign ban was a contentneutral restriction that was not facially invalid under california constitution
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: made after a plenary hearing____ The Act contains rape-shield and confidentiality provisions, N.J.S.A. 2A:61B-1d to -1g, and in paragraph h, authorizes damages “in the amount of $10,000, plus reasonable attorney’s fees, or actual damages, whichever is greater.” Compensatory damages including but not limited to pain and suffering, medical expense, emotional trauma, diminished childhood and enjoyment of life, costs of counseling, and lost wages, as well as punitive damages, are recognized as recoverable. Ibid. The Act applies to the present matter by its terms, which provide that it “shall not apply to any action which is commenced before the effective date.” Historical and Statutory Note on N.J.S.A. 2A:61B-1 (1992). See also J.L. v. J.F., 317 N.J.Super. 418, 429, 722 A.2d 558 (App.Div.) (<HOLDING>), certif. denied, 158 N.J. 685, 731 A.2d 45 Options: A. holding that the act applies prospectively to complaints filed after its effective date B. holding that the aedpa applies to those habeas corpus petitions filed after its effective date of april 24 1996 C. holding that section 591610 applies to actions commenced before its effective date D. holding that in general aedpas provisions apply to cases filed after its effective date E. holding aedpa applicable to petition filed on or after aedpas effective date

assistant: The best answer is A. holding that the act applies prospectively to complaints filed after its effective date
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: these “findings” do not constitute true "findings of fact” because they were not separately filed as required by Texas Rule of Civil Procedure 299a. See Tex.R. Civ. P. 299a (requiring findings of fact to be separately filed and not simply recited in judgment); Casino Magic Corp. v. King, 43 S.W.3d 14, 19 n. 6 (Tex.App.-Dallas 2001, pet. denied). Accordingly, we employ the standard of review applicable to cases where no findings have been requested or filed. Casino Magic Corp., 43 S.W.3d at 19 n. 6. In the absence of findings, we imply all necessary fact findings in support of the trial court’s order. In re Williams, 328 S.W.3d 103, 112 (Tex.App.-Corpus Christi 2010, orig. proceeding [mand. denied]); see also In re Weekley Homes, LP., 295 S.W.3d 309, 316 (Tex.2009) (orig. proceeding) (<HOLDING>); In re La. Tex. Healthcare Mgmt., L.L.C., 349 Options: A. holding that while as a general matter discovery should be freely permitted j jurisdictional discovery is justified only if the plaintiff reasonably demonstrates that it can supplement its jurisdictional allegations through discovery B. holding that it was within the trial courts discretion to refuse any additional discovery and that the courts refusal to allow additional discovery was not an abuse of discretion C. holding that district court did not abuse its discretion by denying motion to extend discovery where no effort was made to explain why the requested discovery could not have taken place within the original discovery period D. recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available E. holding that a discovery exception to a statute of limitation applies only to the discovery of facts not discovery of the law

assistant: The best answer is D. recognizing trial courts decision on discovery issues implies a finding that requested discovery was not reasonably available
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: letter. On March 22, 2001, Perch filed suit against the City of Quincy for sex and disability discrimination under Mass. Gen. Laws ch. 151B, and for sex discrimination under the Equal Protection clause, on the basis of both CFS-related and cancer-related conduct. On November 30, 2001, the City of Quincy moved to dismiss Perch’s cancer-related discrimination claims. III. STANDARD OF REVIEW In ruling on a motion to dismiss for failure to state a claim upon which relief can be granted, the court is to accept the factual allegations in the complaint as true and construe them in the light most favora t from filing claims in court which allege different types of discrimination, or are based on materially different facts, from the administrative charge. See, e.g., Lattimore, 99 F.3d at 465 (<HOLDING>); Silva v. Hit or Miss, 73 F.Supp.2d 39, 41 Options: A. holding that an arbitrator was not bound by an earlier award involving a different contract and different union B. holding that settlement with one defendant could not be setoff from verdict against second defendant where the claims were separate and distinct ie involving different elements of damages C. holding that a plaintiff could not add civil claim based upon different facts that are separate and distinct both qualitatively and temporally and relate to the conduct of different individuals from facts in administrative charge D. holding that arizona rule of civil procedure 52a requires the court to find only the ultimate facts not the evidentiary facts upon which the ultimate facts are based E. holding that plaintiff who filed administrative charge for racial harassment and discrimination could add claim for retaliation because some of the same facts supported both types of claims

assistant: The best answer is C. holding that a plaintiff could not add civil claim based upon different facts that are separate and distinct both qualitatively and temporally and relate to the conduct of different individuals from facts in administrative charge
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: Parent has no Subsidiaries other than the Borrower and except as set forth on Schedule 7.14 or as disclosed in writing to the Administrative Agent (which shall promptly furnish a copy of such disclosure to the Lenders), which shall be a supplement to Schedule 7.14 .

assistant: Subsidiaries
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 APA Bank in a CP Conduit Purchaser Group agrees to indemnify its Funding Agent in its capacity as such (to the extent not reimbursed by ABRCF and the Administrator and without limiting the obligation of ABRCF and the Administrator to do so), ratably according to its respective APA Bank Percentage in effect on the date on which indemnification is sought under this Section 10.7 (or if indemnification is sought after the date upon which the Commitments shall have been terminated, ratably in accordance with its APA Bank Percentage at the time of termination) from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements of any kind whatsoever which may at any time be imposed on, incurred by or asserted against such Funding Agent in any way relating to or arising out of this Supplement, any of the other Related Documents or any documents contemplated by or referred to herein or therein or the transactions contemplated hereby or thereby or any action taken or omitted by such Funding Agent under or in connection with any of the foregoing; provided that no APA Bank shall be liable for the payment of any portion of such liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses or disbursements that are found by a final and nonappealable decision of a court of competent jurisdiction to have resulted from such related Funding Agent’s gross negligence or willful misconduct. The agreements in this Section shall survive the payment of all amounts payable hereunder.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the agreements include information about future changes to the agreements , export controls , automatic renewals , limitations of liability , privacy information , a class action waiver , and resolution of disputes by arbitration instead of in court .

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: No consent, approval, order or authorization of, action by or in respect of, or registration, declaration or filing with, any Governmental Entity is required by the Investor in connection with the execution and delivery of this Agreement by the Investor or the consummation by the Investor of the Debt Exchanges, Debt Contribution or the other transactions contemplated by this Agreement, except for such consents, approvals, orders or authorizations the failure of which to be made or obtained, individually or in the aggregate, is not reasonably likely to have a material adverse effect on the Investor or its ability to perform its obligations hereunder.

assistant: Consents
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 thirty day Adjustment Period, the parties were obligated to use commercially reasonable efforts for an additional thirty calendar days thereafter the agree upon any adjustment to the Closing Working Capital Statement. If after those thirty days the parties were still unable to agree upon a proposed adjustment, only then were the parties obligated to arbitrate the dispute. (Ex. A § 2.5(d)). In the absence of an Adjustment Request by Ballard, an authorized Closing Working Capital Statement was final and binding under the express terms of § 2.5(d) of the Purchase Agreement. Under the terms of the Purchase Agreement, the obligation to select a neutral auditor never came about. See e.g., Primavera Labs., Inc. v. Avon Prods., Inc., 297 A.D.2d 505, 747 N.Y.S.2d 16, 17-18 (NY.App.Div.2002) (<HOLDING>). Regardless of whether the January 20, 2006 Options: A. holding that immunity agreements are analogous to plea agreements and are enforced under principles of contract law within the constitutional safeguards of due process B. holding enforceable forum selection clauses in arbitration agreements C. holding that arbitration clauses as contractual agreements must be enforced to their terms D. holding that property settlement agreements may be specifically enforced E. holding that where a collective bargaining agreements terms are clear but the management has engaged in contrary practice for a number of years the words of the agreement must be enforced

assistant: The best answer is C. holding that arbitration clauses as contractual agreements must be enforced to their 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: Participant acknowledges that the Award, including the vesting of the Award and the number of Shares subject to the Award, is subject to adjustment in the discretion of the Board (or any Committee to which administration of the Plan has been delegated by the Board) upon the occurrence of certain events as provided in this Agreement and Section 11 of the Plan.

assistant: Adjustments
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: Nations with ample notice of its intent to charge her as a habitual offender, and she had a fair opportunity to present any defense to that charge. ¶15. Moreover, at the March 23, 2014 hearing on the State’s motion to amend the indictment to charge her as a habitual offender, Nations’s attorney specifically stated: ‘Tour honor, we don’t have any opposition [to the State’s motion]. It’s either — she’s habitual or she’s not. I think that we had already talked and she is in that status.” After Nations’s attorney’s statement, the trial judge granted the State’s motion. It is difficult to imagine a clearer waiver of the issue. Thus, Nations’s claim of unfair surprise is not only without merit but also procedurally barred. Newberry v. State, 85 So.3d 884, 888 (¶ 8) (Miss.Ct.App.2011) (<HOLDING>). Accordingly, we find no error in the trial Options: A. holding that a noticebased objection to a motion to amend an indictment to charge the defendant as a habitual offender is waived if the defendant fails to make a specific and contemporaneous objection B. holding that an objection was adequate when the judge cut short the objection and the defendant was not afforded the opportunity to explain his objection fully C. holding a contemporaneous objection is required to preserve an issue for appellate review D. holding that a party fails to preserve an evidentiary issue for appeal not only by failing to make a specific objection but also by making the wrong specific objection E. holding that defendant waived his objection to the prosecutors use of her peremptory challenges by failing to make a contemporaneous objection during jury selection

assistant: The best answer is A. holding that a noticebased objection to a motion to amend an indictment to charge the defendant as a habitual offender is waived if the defendant fails to make a specific and contemporaneous objection
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 trial court here was without authority to grant attorney fees pursuant to OCGA § 13-6-11 on summary judgment, and we reverse the trial court’s grant of summary judgment to that extent. Decided June 12, 2013 Jeremy E. Citron, for appellants. Waldon, Adelman, Castilla, Hiestand & Prout, Jonathan M. Adelman, for appellees. Because we agree that a binding agreement was reached but hold that the trial court lacked authority to award OCGA § 13-6-11 attorney fees at summary judgment, we affirm in part and reverse in part. Judgment affirmed in part and reversed in part. Andrews, P. J., and McMillian, J., concur. 1 See OCGA § 44-14-473 (c) (l)-(2) (providing requirements for healthcare-provider lien affidavits to validate a release of a cause of action, which affid 730 SE2d 518) (2012) (<HOLDING>); Penn v. Muktar, 309 Ga. App. 849, 850-51 (711 Options: A. holding that purported acceptance was a counteroffer when response required additional act of resolving all liens B. holding that although sellers acknowledgment was not valid acceptance of buyers offer under 22071 buyers subsequent acceptance of and payment for goods along with buyers objection to a particular term within counteroffer constituted assent to remaining terms of counteroffer C. holding that purported acceptance was a counteroffer when it conditioned settlement upon satisfaction of liens D. holding that purported acceptance letter was a counteroffer when it conditioned settlement upon additional act of resolving medical liens that were not mentioned in offer E. holding that purported acceptance was a counteroffer when proposed release contained terms that directly contradicted the demand and letter required execution and return of the release before draft of policy limits could be removed from trust

assistant: The best answer is C. holding that purported acceptance was a counteroffer when it conditioned settlement upon satisfaction of liens
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: effect in federal court as they would receive in the judgment-rendering state____ In Ohio, “ ‘[t]he doctrine of res judicata is that an existing final judgment rendered upon the merits, without fraud or collusion, by a court of competent jurisdiction, is conclusive of rights, questions and facts in issue, as to the parties and their privies, in all other actions in. the same or any other judicial tribunal of concurrent jurisdiction.’ ” ... This includes all claims which were or might have been litigated in the first lawsuit. ... Thus, under Ohio law, claim preclusion requires that the rendering court possess subject matter jurisdiction over the original claim. Stuhlreyer, 12 F.3d at 77 (citations omitted); see Grava v. Parkman Township, 73 Ohio St.3d 379, 653 N.E.2d 226, 227 (1995) (<HOLDING>). In accordance with this rule against Options: A. holding that a valid final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action B. holding that a security award separable from the merits of the arbitration which was rendered prior to a hearing on the merits was sufficiently final to be reviewed under the faa C. holding that final judgment on the merits in one action bars any further claim based on the same nucleus of facts for it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action not the legal theory upon which a litigant relies D. holding that in waiving a latenotiee defense insurer waived that defense as to any claim arising out of the occurrence in question E. holding that because a valid arbitration clause existed the parties had to arbitrate all disputes when the subject matter of the dispute has a reasonable relationship to the subject matter of the contract

assistant: The best answer is A. holding that a valid final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: From time to time execute and deliver, or cause to be executed and delivered, such additional instruments, certificates or documents, and take all such actions, as the Administrative Agent or the Collateral Agent may reasonably request for the purposes of implementing or effectuating the provisions of this Agreement and the other Loan Documents, or of more fully perfecting or renewing the rights of the Administrative Agent, the Collateral Agent and the Secured Parties with respect to the Collateral (or with respect to any additions thereto or replacements or proceeds thereof or with respect to any other property or assets hereafter acquired by the Borrower or any other Loan Party which may be deemed to be part of the Collateral) pursuant hereto or thereto. Upon the reasonable exercise by the Administrative Agent, the Collateral Agent or any Secured Party of any power, right, privilege or remedy pursuant to this Agreement or the other Loan Documents which requires any consent, approval, recording qualification or authorization of any Governmental Authority, the Borrower will execute and deliver, or will cause the execution and delivery of, all applications, certifications, instruments and other documents and papers that the Administrative Agent, the Collateral Agent or such Secured Party may be reasonably required to obtain from the Borrower or any of its Subsidiaries for such governmental consent, approval, recording, qualification or authorization.

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: distinguishable, as there is no indication that the production and processing of sucralose was intended to benefit the residents of Moberly. Cf. Parish v. Novus Equities Co., 231 S.W.3d 236, 242 (Mo.Ct.App.2007) (“An act of a municipality performed for the special benefit or profit of the municipal corporation, in that it provides local necessities and conveniences only to its own citizens, is classified as a proprietary function.”). While a sewer system is constructed for the specific benefit of the municipality, the only benefit that Moberly’s residents might have received from the sucralose facility was some degree of economic stimulation, which would not have been confined to their community. As the Missouri Supreme Court explained in Jardon, “[T]he esta 118 N.W.2d 223, 227 (1962) (<HOLDING>). To the extent that Morgan Keegan relies on Options: A. holding a jury question existed as to whether a patient consented to an operation and whether the operation received was substantially similar to the operation to which the patient consented so as to be within the scope of the consent B. holding that a successor corporation had a duty to arbitrate the extent of its obligations under its predecessors cba because there was substantial continuity in the business enterprise C. holding that the operation of a competitive business enterprise which was expected to provide a financial return that would be of benefit to the municipal corporation was proprietary D. holding that the actual amount of capital employed in the state by a foreign corporation was to be based on the property of the corporation that was within the state and that was used in business transacted within the state E. holding that in pennsylvania there is a rule that proof of the ownership of a business vehicle involved in an accident raises a presumption that the operation of the automobile was for the owners business purposes

assistant: The best answer is C. holding that the operation of a competitive business enterprise which was expected to provide a financial return that would be of benefit to the municipal corporation was proprietary
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: Restricted Stock Unit Awards may (but need not) be made subject to Vesting Conditions based upon the satisfaction of such Service requirements, conditions, restrictions or performance criteria, including, without limitation, Performance Goals as described in Section 10.4, as shall be established by the Committee and set forth in the Award Agreement evidencing such Award. The Committee, in its discretion, may provide in any Award Agreement evidencing a Restricted Stock Unit Award that, if the satisfaction of Vesting Conditions with respect to any shares subject to the Award would otherwise occur on a day on which the sale of such shares would violate the provisions of the Trading Compliance Policy, then the satisfaction of the Vesting Conditions automatically shall be determined on the first to occur of (a) the next trading day on which the sale of such shares would not violate the Trading Compliance Policy or (b) the later of (i) last day of the calendar year in which the original vesting date occurred or (ii) the last day of the Company’s taxable year in which the original vesting date occurred.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: this website is provided solely to assist customers in gathering travel information , posting opinions of travel related issues , engaging in interactive travel forums , and searching for and booking travel reservations , and for no other purposes .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Partnership owns, directly or indirectly, 100% of the issued and outstanding equity interests of each of the Partnership’s Subsidiaries (other than BRP LLC, a Delaware limited liability company (“ BRP ”), and CoVal Leasing Company, LLC, a Delaware limited liability company (“ CoVal ”) and 51.0% of the issued and outstanding equity interests of BRP, which owns a 100% membership interest in CoVal, free and clear of any Liens (except for such restrictions as may exist under applicable Law and except for such Liens as may be imposed pursuant to the Secured Debt Agreements), and all such ownership interests have been duly authorized, validly issued and are fully paid (to the extent required by applicable Law and the Organizational Documents of such Subsidiaries) and non-assessable (except as nonassessability may be affected by Sections 17-303, 17-607 and 17-804 of the Delaware LP Act and Sections 18-607 and 18-804 of the Delaware LLC Act, as applicable, or the Organizational Documents of such Subsidiaries). No options, warrants, preemptive rights or other rights to purchase, agreements or other obligations to issue, or rights to convert any obligations into or exchange any securities for, securities or ownership interests in any Subsidiary of the Partnership are outstanding on the date of this Agreement and there are no outstanding obligations of any Partnership Entity to repurchase, redeem or otherwise acquire ownership interests in any Subsidiary of the Partnership.

assistant: Subsidiaries