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: to the allowed amounts of their claims. Thus, the alternative test set forth in Section 1129(b)(2)(B)(i) is not satisfied. It is also undisputed that the interest holders are junior to the unsecured creditors, and that under the plan they will receive the opportunity to buy the stock of the reorganized debtor. The question is whether this opportunity constitutes “property” made available to them “on account of” their old equity interest in violation of the absolute priority rule. A. The Exclusive Option to Acquire a New Equity Interest Constitutes Property Received “on Account of” the Old Equity Interest Buerk objects that the plan cannot qualify as “fair and equitable” because the right to acquire an interest in the reorganized debtor has f Whiting, 908 F.2d 1351, 1360 (7th Cir.1990) (<HOLDING>). A similar argument was equally unavailing to Options: A. holding that an option to purchase stock is property under section 1129b2bii B. holding that a company that sold an option to buy stock while secretly intending never to honor the option violates 10b and rule 10b5 C. holding that a purchase agreement for a foreign corporations stock is not subject to section 10b even if the closing occurred in the united states D. holding that there is no duty to override a plans mandate that company stock be offered as an investment option E. holding that granting an option to purchase constituted a trigger

assistant: The best answer is A. holding that an option to purchase stock is property under section 1129b2bii
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 has all requisite corporate power and has taken all requisite corporate action to execute and deliver this Warrant, to issue the Warrant and Warrant Shares and to carry out and perform all of its obligations hereunder. This Warrant has been duly authorized, executed and delivered on behalf of the Company and constitutes the valid and binding agreement of the Company, enforceable in accordance with its terms, except (i) as limited by applicable bankruptcy, insolvency, reorganization or similar laws relating to or affecting the enforcement of creditors' rights generally and (ii) as limited by equitable principles generally. Any person executing this Warrant on behalf of the Company is a duly authorized officer of the Company with all necessary legal authority to bind the Company generally and with the specific legal authority to cause the Company to execute and deliver this Warrant.

assistant: Authorizations
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 actions”), aff’d, 126 F. App’x 785 (9th Cir. 2005). See also Mitchell v. Maynard, 80 F.3d 1433, 1441 (10th Cir. 1996) (affirming refusal to enter judgment against party not named in complaint but referred to in brief); Zocaras v. Castro, 465 F.3d 479, 483-85 (11th Cir. 2006) (affirming dismissal a case where the plaintiff prosecuted an action under alias without revealing his true name in the pleadings pursuant to Fed. R. Civ. P. 10). A plaintiff, as a party who initiates a civil action by filing an initial complaint, must identify itself in the caption. 2 Moore et al., supra, § 10.02[2][a]-[c], Plaintiff AHUG drafted its complaint, and thus the court relies on the complaint’s caption to discern the plaintiff in the suit. See Williams v. Bradshaw, 459 F.3d 846, 849 (8th Cir. 2006) (<HOLDING>). The individual utilities do not individually Options: A. holding that plaintiffs were not entitled to a preliminary injunction B. holding that the caption is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints C. holding that underlying complaints filed by several plaintiffs all contained express allegations of property damage and that because all complaints arose from the same set of circumstances the allegations in any single complaint can be inferred in the other complaints D. holding plaintiffs supervisor subject to suit E. holding that a domestic plaintiffs choice of forum is entitled to more deference than a foreign plaintiffs

assistant: The best answer is B. holding that the caption is entitled to considerable weight when determining who the plaintiffs to a suit are since plaintiffs draft complaints
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: Those requirements include: (1) written notice to the parolee of the alleged parole violations, (2) disclosure to the parolee of evidence against him, (3) opportunity to be heard in person and to present witnesses and documentary evidence, (4) right to confront and cross-examine adverse witnesses, (5) neutral and detached hearing body, and (6) written statement by the fact-finder as to the evidence relied on and reasons for revoking parole. Moreover, the Pennsylvania Supreme Court has held that the requirements of due process include informing a defendant of the range of penalties involved in the crime with which he is being charged. Commonwealth v. Zanine, 444 Pa. 361, 282 A.2d 367 (1971); see, e.g., United States v. Wadsworth, 830 F.2d 1500, 1504 (9th Cir.1987) (emphasis added) (<HOLDING>); see also Lanzetta v. Board of Probation and Options: A. holding that waiver of counsel during pcr review requires a judicial inquiry into whether defendant knowingly and intelligently waived his right to counsel B. holding that one must voluntarily and intelligently waive the right to counsel C. holding that a defendant can knowingly and intelligently waive his right to counsel only after his sic is aware of the nature of the charges against him the possible penalties and the dangers and disadvantages of selfrepresentation D. holding that written waivers referring only in general terms to potential advantages of representation by counsel and potential disadvantages of selfrepresentation did not sufficiently demonstrate awareness of the dangers of selfrepresentation E. holding that the defendant knowingly and intelligently waived his right to counsel even though the exchange between the magistrate and the defendant was inadequate standing alone to inform the defendant of the dangers and disadvantages of selfrepresentation

assistant: The best answer is C. holding that a defendant can knowingly and intelligently waive his right to counsel only after his sic is aware of the nature of the charges against him the possible penalties and the dangers and disadvantages of selfrepresentation
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 any Loans or Letters of Credit for any purpose except as contemplated by Section 6.16. Any proceeds of Loans or Letters of Credit used for the purposes contemplated by Section 6.16 shall not be used, whether directly or indirectly, and whether immediately, incidentally or ultimately, to purchase or carry margin stock (within the meaning of Regulation U of the Board) or to extend credit to others for the purpose of purchasing or carrying margin stock or to refund indebtedness originally incurred for such purpose.

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: Fifty percent (50%) of the Performance Shares awarded under this Award Agreement will be determined pursuant to Section 5(a) and fifty percent (50%) of the Performance Shares awarded under this Award Agreement will be determined pursuant to Section 5(b) . In no event will Employee be entitled to receive a number of Performance Shares pursuant to this Award Agreement greater than 2.0 times the Base Grant.

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 legal provision and list the applicable contract clause categories. Provision: Except as provided in any signed written agreement contemporaneously or hereafter executed by the Employer and Executive, this Agreement (a) constitutes the entire agreement of the parties with regard to the subject matter hereof, (b) supersedes all prior agreements, arrangements, and understandings, written or oral, relating to the subject matter hereof, and (c) contains all the covenants, promises, representations, warranties, and agreements between the parties with respect to employment of Executive by the Employer. Without limiting the scope of the preceding sentence, all understandings and agreements preceding the date of execution of this Agreement and relating to the subject matter hereof (including but not limited to any employment agreements, confidentiality agreements, noncompete agreements, or other agreements) are hereby null and void and of no further force and effect.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed by any one or more of the parties hereto in any number of counterparts, each of which shall be deemed to be an original, but all such respective counterparts shall together constitute one and the same instrument. Delivery of an executed counterpart of a signature page of this Agreement in Portable Document Format (PDF) or by facsimile transmission shall be as effective as delivery of a manually executed original counterpart of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: By accepting the Option, you agree to comply with Brazilian law when the Option is exercised and the shares are sold. You also agree to report and pay any and all taxes associated with the exercise of the Option, the sale of the Option acquired pursuant to the Plan, and the receipt of any dividends.

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: Executive shall be entitled to participate in all retirement, disability, pension, savings, health, medical, dental, insurance and other fringe benefits or plans of the Company generally available to executive employees of BioScrip, in accordance with and subject to the terms thereof, provided that Executive shall receive service credit for his services with Home Solutions for purposes of such benefits and plans.

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: Any notices or other communications required or allowed to be made or given to the Company under the terms of this Agreement shall be addressed to the Company in care of its President at its offices at 2800 Rockcreek Parkway, North Kansas City, Missouri 64117, and any notice to be given to the Optionee shall be addressed to the Optionee at the address given beneath the signature hereto. Either party hereto may from time to time change the address to which notices are to be sent to such party by giving written notice of such change to the other party. Any notice hereunder shall be deemed to have been duly given five business days after registered and deposited, postage and registry fee prepaid, in a post office regularly maintained by the United States Government.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Any notice required or permitted under this Agreement shall be deemed given when delivered personally, through Ambac’s stock compensation administration system or when deposited in a United States Post Office, postage prepaid, addressed, as appropriate, to Ambac at its principal offices, to the Participant at the Participant’s address as last known by the Company or, in either case, such other address as one party may designate in writing to the other.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: `` content '' means the audio and visual information , documents , software , products and services contained in or made available to you in the course of using the services that is owned by onavo .

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: claims against it is granted. Since this Court finds that all of plaintiffs’ claims against [Amex] are subject to arbitration, it further orders that plaintiffs’ cases against [Amex] be dismissed.” Id. at * 10. The plaintiffs filed a timely appeal. ANALYSIS Before we proceed to the weighing of the parties’ arguments, we think it would be helpful to set forth some of the issues which are not raised on this appeal. Specifically, these are issues which are commonly raised in the general run of arbitration cases with which this Court is faced. First, the plaintiffs are not contending that the mandatory arbitration clause contained in the Card Acceptance Agreement is not broad enough to cover their antitrust claims. See JLM Indus., Inc. v. Stolt-Nielsen SA, 387 F.3d 163, 175 (2d Cir.2004) (<HOLDING>)- Further, while they certainly do not deny Options: A. holding that antitrust claims were arbitrable under a broad arbitration clause even though the claims concerned matters beyond the making of a particular contract between the parties and the performance of its terms B. holding that claims under the securities act of 1933 were arbitrable under a predispute arbitration agreement C. holding that antitrust claims arising out of an international commercial transaction were arbitrable despite the fact that they were not specifically mentioned in the arbitration clause D. holding that broad arbitration provision encompassed statutory and tort claims not based on the formation negotiation terms or performance of contract E. holding that tort claims were arbitrable because they arose out of and were related to contract

assistant: The best answer is A. holding that antitrust claims were arbitrable under a broad arbitration clause even though the claims concerned matters beyond the making of a particular contract between the parties and the performance of its terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the sale of advertising , sponsorships or promotions on any page of an ad-enabled blog or website containing content delivered via the service unless other material not obtained from youtube appears on the same page and is of sufficient value to be the basis for such sales

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: In Hernandez, the timeliness of the notice of appeal for purposes of the limitations period was not dependent on actions occurring after Hernandez initiated the process by tendering the requisite papers to prison officials for mailing to the court; similarly, the timeliness of Spotville’s petition for purposes of application of the effective date of the AEDPA depends, not on a fee payment, but on when Spotville delivered his papers to prison authorities for filing. Furthermore, a rule that payment of a filing fee upon the subsequent denial of IFP status determines the applicability of the AEDPA would be contrary to this court’s traditional disposition of leniency toward pro se litigants. See Gallegos v. Louisiana Code of Criminal Procedures Art. 658, 858 F.2d 1091, 1092 (5th Cir.1988) (<HOLDING>); Moawad v. Childs, 673 F.2d 850, 851 (5th Options: A. holding that leniency should be accorded to pro se litigants when the defect in a complaint is merely procedural and there are potential grounds for relief B. recognizing that pro se litigants must be accorded special solicitude C. holding that although pro se litigants are entitled to liberal construction of their pleadings pro se litigants must follow procedural rules D. recognizing that courts generally afford pro se litigants leniency in technical matters E. recognizing that although pro se litigants are not entitled to greater rights than represented litigants due process principles permit the imposition of a procedural bar only after consideration of the pro se litigants reasonable expectations about what had occurred

assistant: The best answer is A. holding that leniency should be accorded to pro se litigants when the defect in a complaint is merely procedural and there are potential grounds for 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: The Company has the authority to deduct or withhold, or require Optionee to remit to the Company, an amount sufficient to satisfy applicable federal, state, local and foreign taxes arising from this Option. Optionee may satisfy his or her tax obligation, in whole or in part : (i) with the consent of the Company, by having the Company withhold shares otherwise to be delivered with a fair market value equal to the minimum amount of the tax withholding obligation; (ii) with the consent of the Company, by having the Optionee surrender to the Company previously owned Common Stock with a fair market value equal to the minimum amount of the tax withholding obligation; (iii) by payment in cash or check; or (iv) with the consent of the Company, by delivery of a notice that the Optionee has placed a market sell order with a broker with respect to shares then issuable upon exercise of the Option, and that the broker has been directed to pay a sufficient portion of the net proceeds of the sale to the Company in satisfaction of the withholding amount; provided that payment of such proceeds is then made to the Company upon settlement of such sale.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If the Asset Representations Reviewer resigns or is removed, the Asset Representations Reviewer will cooperate with the Issuer and take all actions reasonably requested to assist the Issuer in making an orderly transition of the Asset Representations Reviewer’s rights and obligations under this Agreement to the successor Asset Representations Reviewer. In no event will the Asset Representations Reviewer be responsible for any costs or expenses of a successor Asset Representations Reviewer, including without limitation the costs and expenses of Discover Bank in transitioning the Asset Representations Reviewer’s obligations under this Agreement; provided, that the resigning or terminated Asset Representations Reviewer shall bear its own costs and expenses in connection with ceasing to be an Asset Representations Reviewer hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to be free from unreasonable searches and seizures under Article I, section 9, also encompasses the right to be free from the use of evidence obtained in violation of that state constitutional provision. See State v. Davis, 313 Or 246, 249, 834 P2d 1008 (1992) (so stating). In that vein, this court has explained that the aim of the Oregon exclusionary rule is to restore a defendant to the same position as if “the government’s officers had stayed within the law.” Davis, 295 Or at 234. Thus, in deciding the applicability of the Oregon exclusionary rule, the critical inquiry is whether the state obtained the evidence sought to be suppressed as a result of a violation of the defendant’s rights under Article I, section 9. See, e.g., State v. Smith, 327 Or 366, 379-80, 963 P2d 642 (1998) (<HOLDING>). Although the aim of the Oregon exclusionary Options: A. holding that evidence that would not have been obtained but for an unlawful search must be excluded as fruit of the poisonous tree B. holding evidence obtained following unlawful police conduct nevertheless admissible because evidence not obtained by virtue of that unlawful conduct C. holding that the doctrine may only be predicated on continuing unlawful acts and not on the continuing effects of earlier unlawful conduct D. holding that statements obtained following an illegal arrest are no less tainted than is physical evidence obtained after the same E. holding that because original interception was not unlawful subsequent use by prosecutor could not be found unlawful

assistant: The best answer is B. holding evidence obtained following unlawful police conduct nevertheless admissible because evidence not obtained by virtue of that unlawful 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 case excerpt and choose the best holding from the options. Case excerpt: adverse discrimination at all. The whole purpose of Title VII, as stated clearly by its text and controlling case law, is preventing harmful discrimination, not the lamentable-but-benign discrimination that the jury found Litton experienced. I respectfully dissent. 1 . See, e.g., Moore v. Freeman, 355 F.3d 558, 562 (6th Cir.2004); Cline v. Catholic Diocese of Toledo, 206 F.3d 651, 661 (6th Cir.2000); Riser v. Target Corp., 458 F.3d 817, 820-21 (8th Cir.2006). 2 . See, e.g., Fuhr, 364 F.3d at 757; Suggs v. ServiceMaster Educ. Food Mgmt., 72 F.3d 1228, 1232 (6th Cir.1996) (recognizing that the "ultimate question” is "whether the plaintiff carried her burden of proof of discriminatory discharge." (emphasis added)); Brady v. Office of Sergeant at Arms, 520 F.3d 490, 494 (D.C.Cir.2008) (<HOLDING>); Bates v. United Parcel Serv., Inc., 511 F.3d Options: A. holding the employees complaints must give adequate notice to the employer that the employee is complaining of conduct prohibited by title vii B. holding that relief granted under title vii is against the employer not individual employees whose actions constituted a violation of title vii emphasis in original C. holding that to determine whether the employer intentionally discriminated against the employee the court examines if there is evidence from which a reasonable jury could find that the employers stated reason for the firing is pretext D. holding that the one central question at a title vii trial is whether the employee produced sufficient evidence for a reasonable jury to find that the employer intentionally discriminated against the employee on the basis of race color religion sex or national origin emphasis added E. holding that whether an employee decides to assist the charging party or refuses to assist the employer the employer may not retaliate against the employee because this decision of the employee constitutes participation in an investigation or proceeding under title vii

assistant: The best answer is D. holding that the one central question at a title vii trial is whether the employee produced sufficient evidence for a reasonable jury to find that the employer intentionally discriminated against the employee on the basis of race color religion sex or national origin emphasis added
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 plain terms of the Professional Services Charge Exception, however, do not require a final adjudication in order for it to apply. In sum, the Magistrate Judge’s and PNC’s constructions of the Professional Services Charge Exception are not reasonable. Rather, each construction “distort[s] the meaning of the language or resort[s] to a strained contrivance in order to find an ambiguity,” Madison Const. Co., 735 A.2d at 106. Accordingly, we find that the Professional Services Charge Exception is not ambiguous and the District Court did not err by failing to adopt a construction favoring coverage. C. PNC next argues that the District Court erred by rewriting the Professional Services Charge Exception. See Guardian Life Ins. Co. of Am. v. Zerance, 505 Pa. 345, 479 A.2d 949, 953 (1984) (<HOLDING>). PNC contends that the Professional Services Options: A. holding erisa plan interpretation is simply one of contract interpretation B. holding that the interpretation of an unambiguous contract is a question of law C. holding that the court may not under the guise of statutory construction rewrite a statutory provision D. holding that a court may not rewrite the statute to insert an additional requirement not placed there by the legislature E. holding that a court may not rewrite the insurance contract under the guise of judicial interpretation

assistant: The best answer is E. holding that a court may not rewrite the insurance contract under the guise of judicial interpretation
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: Homes, Inc., 202 B.R. 260, 261 (Bankr.S.D.Ohio 1996) (observing that the final decree does not adjudicate any rights between the parties and is more of an administrative step to allow the clerk’s office to dispose of the fully administered case file). On the other hand, a confirmation order incorporates the terms of a chapter 11 plan, orders the performance of the critical promises the debtor made vis a vis its financial reorganization, fixes the rights and obligations of the debtor to each class of creditors, and articulates the essential agreements governing the relationship between the parties in interest and the reorganized debtor. It is generally regarded as the final court determination in a chapter 11 case. See 11 U.S.C. § 1141; In re Layo, 460 F.3d 289, 293-94 (2d Cir.2006) (<HOLDING>); In re American Preferred Prescription, Inc., Options: A. holding that a bankruptcy courts sale order is a final order for res judicata purposes B. holding that a bankruptcy courts order confirming a plan of reorganization constitutes a final judgment with res judicata effect binding the parties by its terms C. holding that an unappealed contempt order by a bankruptcy court is a final judgment on the merits for res judicata purposes D. holding that res judicata did not apply where a trial courts order was not a final judgment E. holding that an unappealed order is a final judgment on the merits for res judicata purposes

assistant: The best answer is B. holding that a bankruptcy courts order confirming a plan of reorganization constitutes a final judgment with res judicata effect binding the parties by its terms
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: nursing and case management. Unlike Jan Klosterman, she is not a Certified Nurse Life Care Planner, and thus she did not follow the same methodology. Ms. Vinett-Mitchell collaborated with the Government’s expert nephrologist, Dr. Atta, in developing her life care plan. In formulating her opinions regarding the cost of Mr. Clanton’s future medical care, Ms. Vinett-Mitchell assumed that Mr. Clanton would live to roughly age 65, his donor kidneys would last twelve years, and he would need one additional transplant, three years of dialysis prior to second transplant, and three years of dialysis at the end of his life. As detailed in her written report, Ms. Vinett-Mitchell ultimately opined that Mr. Clanton’s future medical costs would be a 2013 WL 1149247, at *3 (M.D. Pa. Mar. 19, 2013) (<HOLDING>); Orenstein v. United States, Case No. Options: A. holding that statement about deceased veteran made by va intake clerk during an interview with va legal counsel was admissible under rule 801d2d when offered against the government in ftca medical malpractice case B. holding that exculpatory statement made by defendant to a nurse and recorded in the nurses notes was not admissible under rule 8034 because it was not reasonably pertinent to diagnosis and treatment C. holding that anonymous statement was admissible as a statement by a partys agent under rule 801d2d and noting that a district court should be presented with sufficient evidence to conclude that the person who is alleged to have made the damaging statement is in fact a party or an agent of that party D. holding that appellants own statement when offered by appellant was selfserving and not admissible under the declarationagainstpenalinterest exception to the hearsay rule E. holding that nurses statement made during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca case

assistant: The best answer is E. holding that nurses statement made during the course of treating the plaintiff was admissible under rule 801d2d when offered against the government in ftca case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Whenever any notice is required or permitted hereunder, such notice must be in writing and personally delivered or sent by mail. Any notice required or permitted to be delivered hereunder will be deemed to be delivered on the date that it is personally delivered or, whether actually received or not, on the third (3rd) business day after it is deposited in the United States mail, certified or registered, postage prepaid, addressed to the person who is to receive it at the address that such person has heretofore specified by written notice delivered in accordance herewith. The Company or Smith may change, at any time and from time to time, by written notice to the other, the address that it or he had therefore specified for receiving notices.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same original. Signatures and notices delivered by facsimile (including, without limitation, by “pdf”) shall be deemed effective for all purposes.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall have the power and the right to deduct or withhold, or require a Participant to remit to the Company, the minimum statutory amount to satisfy federal, state, and local taxes, domestic or foreign, required by law or regulation to be withheld with respect to any taxable event arising as a result of this Plan.

assistant: Tax Withholdings
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 two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute but one contract, and shall become effective as provided in Section 9.03 . Delivery of an executed counterpart to this Agreement by facsimile transmission (or other electronic transmission pursuant to procedures approved by the Administrative Agent) shall be as effective as delivery of a manually signed original.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, personal representatives, successors and assigns. Participant acknowledges receipt of a copy of the Plan, which is annexed hereto, represents that he or she is familiar with the terms and provisions thereof and accepts the award of Shares hereunder subject to all of the terms and conditions thereof and of this Agreement. Participant hereby agrees to accept as binding, conclusive and final all decisions and interpretations of the Committee upon any questions arising under the Plan or this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Term, Consultant may retain “ Company Records ” (as defined in the Employment Agreement, the definition of which is hereby incorporated in this Agreement); provided that upon the earlier of a request by the Company or the termination of the Term (regardless of the reason), Consultant shall immediately deliver to the Company all Company Records, Confidential Information (as defined below), and any other Company property in Consultant’s possession, including all lists, books, records, schedules, data and other information of every kind relating to or connected with the Company and its activities, business and customers.

assistant: Records
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 Borrower shall, and each Borrower shall cause each other Obligor not to, acquire or accept any Inventory on consignment or approval, and shall take all steps to assure that all Inventory is produced in accordance with Applicable Law in all material respects, including the FLSA. No Borrower shall, and each Borrower shall cause each other Obligor not to, sell any Inventory on consignment or approval or any other basis under which the customer may return or require a Borrower or other Obligor to repurchase such Inventory. Borrowers shall, and shall cause each other Obligor to, use, store and maintain all Inventory with reasonable care and caution, in accordance with applicable standards of any insurance and in conformity with all Applicable Law, and shall make current rent payments (within applicable grace periods provided for in leases) at all locations where any Collateral is located.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: With respect to each Participant who is granted an Option, the Award Agreement shall set forth such terms and conditions as the Administrator shall determine, in its sole discretion, which shall include, among other things, the Exercise Price of the Option, the term of the Option and provisions regarding exercisability of the Option, and whether the Option is intended to be an ISO or a Nonqualified Stock Option (and in the event the Award Agreement has no such designation, the Option shall be a Nonqualified Stock Option). The provisions of each Option need not be the same with respect to each Participant. More than one Option may be granted to the same Participant and be outstanding concurrently hereunder. Options granted under the Plan shall be subject to the terms and conditions set forth in this Section 7 and shall contain such additional terms and conditions, not inconsistent with the terms of the Plan, as the Administrator shall deem desirable as set forth in the applicable Award Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: If any term or other provision of this Agreement is determined to be invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to any party. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: judgment evidence established that the part of Hog Creek in question averages more than 30 feet in width from the mouth up, we hold that the trial court did not err in finding that Hog Creek was a statutory navigable stream and in granting the Robertsons’ motion for summary judgment in that respect. See Diversion Lake, 86 S.W.2d at 444-46 (affirming injunctive relief in action between private club and individuals over alleged exclusive right to fish in lake formed by dam built on navigable stream); Port Acres, 541 S.W.2d at 849-50 (affirming injunctive relief in action between private club and individuals over alleged exclusive right to fish in waters formed out of navigable stream); cf. Taylor Fishing Club v. Hammett, 88 S.W.2d 127, 128-30 (Tex.Civ.App.-Waco 1935, writ dism’d, w.o.j.) (<HOLDING>). The trial court correctly found that Hog Options: A. holding that the tribes are the beneficial owners of the south half of flathead lake and that tribal ownership encompasses the lake bed to the high water mark B. holding that the county was immune from suit for injuries incurred in a collision on a manmade lake under the california tort claims act which provides governmental immunity for an injury caused by a natural condition of any unimproved public property including but not limited to any natural condition of ary lake stream bay river or beach quoting cal govcode 8312 C. holding access to property by navigable lake was per se bar to finding of necessity D. holding that congress had the authority under the commerce clause to require private riparian land owners to obtain a license prior to construction of dams even where the river in question was not navigable but could potentially have been made navigable E. holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream

assistant: The best answer is E. holding lake on private land was not navigable in fact and there was no right of public use and enjoyment as lake was not fed by or part of a navigable stream
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 grant you a limited , revocable , personal , non-transferable , and non-exclusive right and license to access and use the services and ua content , provided that you do not ( and do not allow any third party to ) copy , modify , create a derivative work from , reverse engineer , sell , assign , sublicense , grant a security interest in , or otherwise transfer any right in the ua content or services to anyone else .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: v. do n't engage in activity that is false or misleading ( e.g. , asking for money under false pretenses , impersonating someone else , manipulating the services to increase play count , or affect rankings , ratings , or comments ) .

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: to prior owners where injury was open, obvious, known and consented to by the prior owners). The plaintiffs now seeking damages from this court all purchased their property from previous owners who had absolutely no knowledge of the contamination on their property. Since these prior owners received full value at the time the plaintiffs made their purchases, they suffered no harm as a result of the undiscovered contamination. If the issue before the court involved the statute of limitations, it would be easy to conclude that these causes of action did not “accrue” while the previous owners held title to the property, since the prior owners did not know, and could not reasonably have known, of the existence of their injury. See Allied Corp. v. Frola, 730 F.Supp. 626, 632 (D.N.J.1990) (<HOLDING>). Defendant, of course, is not arguing that Options: A. holding that in an environmental contamination ease a cause of action accrues when a plaintiff knows or reasonably should know of his or her cause of action and of the identity of a party or parties who may be responsible for the injury B. holding that 1983 claim accrues when plaintiff knows or has reason to know of injury C. holding that a federal cause of action accrues when the plaintiff is aware or should be aware of the existence of and source of the injury not when the potential claimant knows or should know that the injury constitutes a legal wrong D. holding that a 1983 claim generally accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action E. holding that a 1983 claim accrues when plaintiff knows or has reason to know of injury

assistant: The best answer is A. holding that in an environmental contamination ease a cause of action accrues when a plaintiff knows or reasonably should know of his or her cause of action and of the identity of a party or parties who may be responsible for the 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: The Recipient’s confidentiality obligations under this Agreement shall survive and subsist indefinitely in relation to any Confidential Information (notwithstanding the prior termination or expiry of this Agreement). If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected.

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 case excerpt and choose the best holding from the options. Case excerpt: jury as to the law in the case. Id. Before a defendant is entitled to a reversal, he must affirmatively show that the erroneous instruction prejudiced his substantial rights. Id. As background, we note that an "included offense" is an offense that "differs from the offense charged only in the respect that a less serious harm or risk of harm to the same person, property, or public interest, or a lesser kind of culpability, is required to establish its commission." See Ind.Code § 35-41-1-16(3). The State charged Massey with Aggravated Battery as a Class B felony and Battery as a Class C felony. Although separately charged by the State, the Class C felony battery in this case was a lesser-included offense of aggravated battery. See Simmons v. State, 793 N.E.2d 321, 326 (Ind.Ct.App.2003) (<HOLDING>). While the State did not specifically charge Options: A. holding that the evidence is sufficient to sustain a conviction for aggravated battery when the bodily member that is lost or rendered useless in the battery is a tooth B. holding that under maryland common law an assault is an attempted battery an actual battery or a combination of the two C. holding that the defendant could be convicted of sexual battery a lesser crime not included in the offense for which he was indicted where the defendant requested that sexual battery be submitted to the jury D. holding that aggravated battery is a lesser included offense of manslaughter E. holding that battery is an inherently included offense of aggravated battery

assistant: The best answer is E. holding that battery is an inherently included offense of aggravated battery
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you agree that yahoo shall not be liable to you or to any third party for any modification , suspension or discontinuance of the yahoo services ( or any part thereof ) .

assistant: Limitation of liability