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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Lender agrees that it will not disclose, without the prior consent of Borrowers, confidential information with respect to Borrowers, any Obligor or any of their respective subsidiaries which is furnished pursuant to this Agreement and which is specifically designated as confidential in writing by Borrowers; provided , that , any Lender may disclose any such information (a) to its Affiliates and its and its Affiliates’ employees, auditors or counsel on a need-to-know basis, or to another Lender if the disclosing Lender or such disclosing Lender’s holding or parent company in its sole discretion determines that any such party should have access to such information, (b) as has become generally available to the public without a breach of this Section 13.7, (c) as may be required or appropriate in any report, statement or testimony submitted to or upon request of any Governmental Authority having or claiming to have jurisdiction over such Lender, (d) as may be required or appropriate in response to any summons or subpoena or in connection with any litigation, (e) in order to comply with any statute or regulation, and (f) to any prospective or actual assignee or Participant in connection with any contemplated transfer or participation of any of the Commitments or any interest therein by such Lender, provided , that , such assignee or Participant has agreed in writing to the confidentiality of any such confidential information in accordance with the terms of this Section 13.7. Anything contained herein to the contrary notwithstanding, the obligations of confidentiality contained herein, as they relate to the transactions contemplated hereby, shall not apply to the federal tax structure or federal tax treatment of such transactions, and each party hereto (and any employee, representative, or agent of any party hereto) may disclose to any and all Persons, without limitation of any kind, the federal tax structure and federal tax treatment of such transactions (including all written materials related to such tax structure and tax treatment). The preceding sentence is intended to cause the transactions contemplated hereby to not be treated as having been offered under conditions of confidentiality for purposes of Section 1.6011-4(b)(3) (or any successor provision) of the Treasury Regulations promulgated under Section 6011 of the United States Internal Revenue Code, and shall be construed in a manner consistent with such purpose. In addition, each party hereto acknowledges that it has no proprietary or exclusive rights to the tax structure of the transactions contemplated hereby or any tax matter or tax idea related thereto.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: that Mr. LeKan-der assumed the $60,000 mortgage debt based on the language of the settlement agreement. She also testified that Mr. LeKander remained in the home, that the down-payment for the home came from the sale of a beauty shop she had owned and sold during their marriage, and that the mortgage payments they made during the marriage came from both their earnings. The trial court was not required to believe her testimony. In re Estate of Munday, 887 S.W.2d 734, 735 (Mo.App. E.D.1994) (“The trial judge is free to believe all, none, or part of a witness’ testimony and may reject the rest of it even if uncontra-dicted”). Even if believed, Ms. LeKander’s evidence did nothing to demonstrate Mr. LeKander’s intent as to how any remaining mortgage b .2d 353, 355 (Mo.App. S.D.1991) (<HOLDING>). See also Kennedy v. Fournie, 898 S.W.2d 672, Options: A. holding that the government is not required to present exculpatory evidence to the grand jury B. holding the defendants claim that he was denied the right to testify was appropriate for direct review when the record was adequately developed to permit full consideration of the defendants claim the pertinent facts were undisputed a pcr hearing was not necessary to resolve a factual dispute and would not aid in the application of the law and the defendants claim was presented not as an ineffective assistance of counsel claim but rather as an error committed by the trial court in excluding the defendants testimony which was not an appropriate basis for an ineffective assistance of counsel claim C. holding that instruction on use of deadly force was not required where there was no evidence that decedent had attempted to assault appellant appellant could not retreat or that decedent was armed D. holding a claim for medicaid assistance provided to the decedent was not proven by the state and the estate was not required to present any evidence to defeat the states claim E. holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court

assistant: The best answer is D. holding a claim for medicaid assistance provided to the decedent was not proven by the state and the estate was not required to present any evidence to defeat the states claim
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the arbitration will be conducted before a neutral single arbitrator in the county of allegheny in the commonwealth of pennsylvania , whose decision will be final and binding , and the arbitral proceedings will be governed by the american arbitration association ( `` aaa '' ) under its aaa commercial arbitration rules , consumer due process protocol , and supplementary procedures for resolution of consumer related disputes , as modified by these 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: I release ( i.e. , give up) all known and unknown claims that I presently have against the Company, its current and former, direct and indirect owners, parents, subsidiaries, brother-sister companies, and all other affiliates and related entities, and their current and former partners, employees, agents, and other related parties (Released Parties), arising at any time up to and including the date on which I sign this Agreement, except claims that the law does not permit me to waive by signing this Agreement. For example, I am releasing all common law contract, tort, or other claims I might have, as well as all claims I might have under the Age Discrimination in Employment Act (ADEA), Worker Adjustment & Retraining Notification Act (WARN Act), Title VII of the Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1866, the Americans With Disabilities Act (ADA), the Employee Retirement Income Security Act of 1974 (ERISA), and any similar domestic or foreign laws, such as the Arizona Civil Rights Act and the Arizona Equal Pay Law. It is my intention that the language relating to the description of claims in this section shall be given the broadest possible interpretation permitted by law.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: v. Indiana-Kentucky Synod Evangelical Lutheran Church in America, 860 F.Supp. 1194, 1199 (W.D.Ky.1994) ("The alleged defamatory statements were made in connection with the mediation process and strictly within the confines of the church. There can be no doubt that the matters in this case concerned the minister’s current and future employment relationship with the church. As such, th 'y, 738 A.2d 839, 848 (Me.1999) (stating in dicta that ‘[a]llowing a secular court or jury to determine whether a church and its clergy have sufficiently disciplined, sanctioned, or counseled a church member would insert the State into church matters in a fashion wholly forbidden by the Free Exercise Clause of the First Amendment’); Swanson v. Roman Catholic Bishop of Portland, 692 A.2d 441, 444 (Me.1997) (<HOLDING>); Michigan: Teadt v. Lutheran Church Missouri Options: A. holding that first amendment barred child victim of sexual abuse by priest from bringing breach of fiduciary duty claim against priest church official and church B. holding that first amendment barred consideration of negligent supervision claim against diocese for sexual relationship between adult parishioner and priest while the priest was counseling the parishioner in his position as a hospital chaplain C. holding that first amendment barred negligent supervision claim against a church regarding sexual relationship between adult parishioner and priest during the course of a marital counseling D. holding that first amendment barred adult parishioner who engaged in sexual relationship with priest during the course of pastoral counseling from bringing intentional infliction of emotional distress negligence and breach of fiduciary duty claims E. holding that first amendment barred parishioners negligent hiring and supervision and breach of fiduciary duty claims against pastor and church for sexual contact that occurred between pastor and parishioner during the course of a counseling relationship

assistant: The best answer is C. holding that first amendment barred negligent supervision claim against a church regarding sexual relationship between adult parishioner and priest during the course of a marital counseling
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: 396, 38 L.Ed.2d 368 (1973)). Since Brennan failed to object to the supplemental charge we review only for plain error. See United States v. Eastern Medical Billing, Inc., 230 F.3d 600, 610 (3d Cir.2000). The leading case addressing allegations of a coercive supplemental jury charge is well known. In Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896), the Supreme Court upheld a supplemental jury charge which recommended that the jurors with views in the minority consider whether their views might be erroneous. Nonetheless, in 1969, this Circuit developed a prophylactic rule prohibiting the use of such an Allen charge because of its power to coerce. See United States v. Fioravanti, 412 F.2d 407 (3d Cir.1969); see also Eastern Medical Billing, Inc., 230 F.3d at 613-15 (<HOLDING>). We suggested, however, that a charge would Options: A. holding that an allen charge was not inherently coercive even though jury was split 111 because the judge did not know the identity of the holdout juror B. holding second modified allen charge coercive per se unless jury requests it C. holding that allen charge given by court was coercive and required a new trial D. holding when giving an allen charge the trial court must avoid coercive deadlines E. holding that trial courts jury charge did not amount to reversible error given that plaintiff failed to show she was prejudiced by inapplicable portion of trial courts charge

assistant: The best answer is C. holding that allen charge given by court was coercive and required a new trial
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: All payments of the Guaranteed Obligations will be made by each Loan Party Guarantor free and clear of and without deduction for any taxes; provided that if any Loan Party Guarantor shall be required to deduct any taxes from such payments, then (i) the sum payable shall be increased as necessary so that after making all required deductions (including deductions applicable to additional sums payable under this Section) the Agent, Issuer or any Lender (as the case may be) receives an amount equal to the sum it would have received had no such deductions been made, (ii) such Loan Party Guarantor shall make such deductions and (iii) such Loan Party Guarantor shall pay the full amount deducted to the relevant Governmental Body in accordance with Applicable Law.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall terminate automatically if the Effective Date does not occur prior to December 31, 2016. This Agreement shall terminate on the date that neither JLL nor its Affiliated Entities, on the one hand, and neither DSM nor its Affiliated Entities, on the other hand, owns any Registrable Securities; provided , however , that to the extent that any Demand Registration or Piggyback Registration has commenced as of such time, this Agreement shall remain in effect until the termination or expiration of the Demand Registration or Piggyback Registration, as the case may be, and the Shareholders’ obligations pursuant to Section 5.04 hereof shall continue until ninety (90) days following the effectiveness of the registration statement related thereto. From and after the date of the termination of this Agreement in accordance with the foregoing, each Shareholder shall no longer be bound by any obligations, or be entitled to any benefits, under this Agreement (other than those of its rights that have accrued prior to such date or that arise thereafter under Section 5.07 or this Article VII ).

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No failure by either party to the Separation Agreement to give notice of any breach by the other, or to require compliance with, any condition or provision of this Separation Agreement shall (i) be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time or (ii) preclude insistence upon strict compliance in the future.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: of the court’s discretion, ... we do not lightly assume that Congress has intended to depart from established principles” of courts’ exercising equitable discretion. Romero-Barcelo, 456 U.S. at 310-13, 102 S.Ct. at 1802-04. Moreover, the comprehensiveness of this equitable jurisdiction is not to be denied or limited in the absence of a clear and valid legislative command. ‘Unless a statute in so many words, or by a necessary and inescapable inference, restricts the court’s jurisdiction in equity, the full scope of that jurisdiction is to be recognized and applied.’ Id. at 313, 102 S.Ct. at 1804 (quoting Porter v. Warner Holding Co., 328 U.S. 395, 398, 66 S.Ct. 1086, 1089, 90 L.Ed. 1332 (1946)); accord Flynn v. United States By and Through Eggers, 786 F.2d 586, 591 (3d Cir.1986) (<HOLDING>). In sum, “[t]he grant of jurisdiction to Options: A. holding that the common law principle of vicarious liability applied to the tcpa because absent a clear expression of congressional intent to apply another standard the court must presume that congress intended to apply the traditional standards of vicarious liability with which it is presumed to be familiar B. holding that where congressional intent is clear a court must give effect to such intent C. holding that when the language of a statute is clear courts should not substitute their judgment for that of congress and should enforce the statute according to its terms D. holding that iiriras permanent rules lack the clear statement of the congressional intent necessary to eliminate habeas review E. holding that absent a clear congressional statement courts should not infer that congress intended to alter equity practices

assistant: The best answer is E. holding that absent a clear congressional statement courts should not infer that congress intended to alter equity practices
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 Grantor irrevocably and unconditionally agrees that it will not commence any action, litigation or proceeding of any kind or description, whether in law or equity, whether relating to this Agreement or the transactions relating hereto in any forum other than the courts of the State of New York sitting in New York County, and of the United States District Court of the Southern District of New York, and any appellate court from any thereof, and each of the parties hereto irrevocably and unconditionally submits to the jurisdiction of such courts and agrees that all claims in respect of any such action, litigation or proceeding may be heard and determined in such New York state court or, to the fullest extent permitted by Applicable Law, in such federal court. Each of the parties hereto agrees that a final judgment in any such action, litigation or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Applicable Law. Nothing in this Agreement or in any other Loan Document shall affect any right that the Administrative Agent or any other Secured Party may otherwise have to bring any action, litigation or proceeding relating to this Agreement or any other Loan Document against any Grantor or its properties in the courts of any jurisdiction.

assistant: Submission To Jurisdiction
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: evidence merely indicates harm to its commercial interests, rather than harm to competition. The cases upon which Sunrelies are materially distinguishable and appear to be inapposite to Microsoft’s distribution of extended Java programming tools and present licensing efforts. Unlike Atlantic Refining, Texaco and Brown Shoe, Sun submits insufficient evidence suggesting that Microsoft continues to use its economic power to coerce software developers or other relevant entities in a manner restricting competition in a relevant market. See Atlantic Refining, 85 S.Ct. at 1506-07 (proscribing use of dominant economic power over gas station retailers to coerce them into buying tires, batteries and accessories from one source); Texaco, 89 S.Ct. at 431-33 (same); Brown Shoe, 86 S.Ct. at 1503 (<HOLDING>). Rather, Microsoft essentially altered the Options: A. holding that the certificate of purchase is not a claim because it does not represent a right to payment B. holding that although purchase of securities on margin does not seem to present source of unfair competition both plain meaning of statute and congressional intent support imposition of ubit on this type of income C. holding government could be liable for breach of a contractual obligation to purchase insurance for plaintiff D. holding that ftc was within its power to declare as an unfair method of competition the payment of valuable consideration to shoe retailers to secure a contractual promise not to purchase conflicting lines of shoes E. holding subsequent purchasers can stand in the shoes of the original owner with respect to a variance provided that the claimed hardship does not arise out of the purchase

assistant: The best answer is D. holding that ftc was within its power to declare as an unfair method of competition the payment of valuable consideration to shoe retailers to secure a contractual promise not to purchase conflicting lines of shoes
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: against self-incrimination may conflict with a defendant’s right to compel that same individual to be a witness in his behalf under the Sixth Amendment. Id. at 170, 267 S.E.2d at 731. One way that this conflict may be resolved, as we discussed in Haverty, is through a grant of immunity. This need for a grant of immunity arises by virtue of the fact “that the Sixth Amendment right to compulsory process for a criminal defendant include[s] not only the right to subpoena the witness, but also to have him testify.” Id. at 171, 267 S.E.2d privilege outside the jury’s presence adhere to this practice as a means of preventing the jury from drawing any improper inferences from the witness’ decision to exercise his constitutional privilege. See Bowles v. U.S., 439 F.2d 536, 541 (C.A.D.C.1970) (<HOLDING>); U.S. v. Johnson, 488 F.2d 1206, 1211 (1st Options: A. recognizing that exercise of trial courts decision regarding witness invocation of fifth amendment in jurys presence requires consideration of defendant being entitled to have his defense fully presented to the jury B. recognizing danger of unfair prejudice resulting from fifth amendment invocation injurys presence is not so great when the defense rather than the government seeks to draw inferences from a witnesss silence C. recognizing that policy reasons undergirding assertion of fifth amendment privilege outside jurys presence apply even if privilege is invalid D. recognizing privilege E. recognizing concerns that invocation of fifth anendment in jurys presence will have a disproportionate impact on their deliberations and identifying principle that guilt may not be inferred from exercise of privilege as underpinning of rule that jury should not draw inferences from witness decision to exercise constitutional privilege against selfin crimination

assistant: The best answer is E. recognizing concerns that invocation of fifth anendment in jurys presence will have a disproportionate impact on their deliberations and identifying principle that guilt may not be inferred from exercise of privilege as underpinning of rule that jury should not draw inferences from witness decision to exercise constitutional privilege against selfin crimination
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 purchase price to be paid by Buyer to Seller in exchange for Buyer's acquisition of the Purchased Assets shall equal Three Hundred Fifty Thousand Dollars ($350,000.00) (the " Purchase Price ") and shall be paid as follows: (a) One Hundred Eighty Five Thousand Dollars ($185,000.00) paid to Seller concurrent with Closing, and (b) One Hundred Fifty Thousand Dollars in Buyers Preferred Stock ($150,000), and Fifteen Thousand Dollars ($15,000) to be delivered to Seller within 45 days after the Closing date.

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 legal provision and list the applicable contract clause categories. Provision: This Amendment together with the Board Agreement contains the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, understandings, arrangements and discussions between the parties regarding such subject matter. To the extent there is a conflict between the terms of the Board Agreement and the terms of this Amendment, the terms of this Amendment shall prevail.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: the warrant. Rather, according to the trial court, the express terms of the warrant "through inadvertence” did not permit as extensive a search as was actually conducted. Thus, it appears the actual basis for the trial court's ruling was that the search exceeded the scope of a valid warrant. 3 . We do not here address the question of whether an appellee may raise an argument in defense of the lower court’s judgment when that argument was not presented in the lower court. We do note, however, that our previous opinions on that question have been somewhat inconsistent. See, e.g., Buehner Block Co. v. UWC Assocs., 752 P.2d 892, 894-95 (Utah 1988) (applying argument raised for first time on appeal to affirm lower court’s decision); American Coal Co. v. Sandstrom, 689 P.2d 1, 4 (Utah 1984) (<HOLDING>); L & M Corp. v. Loader, 688 P.2d 448, 449-50 Options: A. holding that 1252d1 bars the consideration of bases for relief that were not raised below and of general issues that were not raised below but not of specific subsidiary legal arguments or arguments by extension that were not made below B. holding that arguments not raised below are waived for appeal C. holding that petitioners had abandoned arguments not raised below D. holding that argument offered in defense of decision below had been waived when not raised below E. holding that an issue not properly preserved below in the district court is generally waived

assistant: The best answer is D. holding that argument offered in defense of decision below had been waived when not raised below
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 acknowledges that the restrictions contained in this Section 2 , in view of the nature of the Company’s business, are reasonable and necessary to protect the Company’s legitimate business interests and business goodwill and that any violation of these restrictions would result in irreparable injury to the Company. The existence of any claim or cause of action by Executive against the Company, whether predicated on this Addendum or otherwise, shall not constitute a defense to the enforcement by the Company of the restrictive covenants contained in Section 1 or Section 2.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To the extent required by applicable federal, state, local, or foreign law, a Participant or his or her successor shall make arrangements satisfactory to the Company for the satisfaction of any withholding tax obligations that arise in connection with the Plan. The Company shall not be required to issue any Common Shares or make any cash payment under the Plan until such obligations are satisfied.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: accordingly , for any dispute that you have against oculus , you agree to first contact oculus and attempt to resolve the claim informally by sending a written notice of your claim ( `` notice '' ) to oculus .

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: The ‘Mark of Cain,’ a term derived from the Book of Genesis, continues to this day to be a term which strikes fear into the hearts of all but the most reclusive members of any community. As previously referenced, the social stigma attached to any form of branding, whether for criminal offense, moral indiscretion, religious belief, or the mere fact of being different, has historically been a lifelong albatross around the necks of those so branded. However, in generation after generation, the majority in society has found ample justification for continuing such practices. Some of those courts which have found registration acts not to be punitive have recognized that “registration has traditionally been viewed as punitive.” Noble, 829 P.2d at 1222. See also Austin, supra, and Kurth, supra (<HOLDING>). Likewise, in view of the particular public Options: A. recognizing the importance of historical analysis in determining whether legislation is punitive B. recognizing the importance of congressional findings in determining the appropriateness of congresss remedial measures C. recognizing that the bill of attainder prohibits punitive legislation D. recognizing a presumption against retroactive legislation E. recognizing the importance of the employers knowledge of the disability

assistant: The best answer is A. recognizing the importance of historical analysis in determining whether legislation is punitive
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: from disciplining him for absenteeism prior to May of 2007. Sánchez contends that AT & T’s offer of other positions was not reasonable because those positions offered lower compensation. He also contends that the offer of shift-swapping was not reasonable because AT & T did not provide the sched ules of other employees, as it had promised. However, we need not decide whether either of these accommodations was reasonable in isolation, because they were not offered in isolation — rather, they were offered as part of a series of attempts by AT & T to accommodate Sánchez. Many courts have found similar accommodations or combinations of accommodations to be reasonable under Title VII. See, e.g., Trans World Airlines, Inc. v. Hardison, 432 U.S. 63, 77-78, 97 S.Ct. 2264, 53 L.Ed.2d 113 (1977) (<HOLDING>); Morrissette-Brown v. Mobile Infirmary Med. Options: A. holding injured employee who asked his employer for medical assistance and employer refused and employee then went to physician of his own choice employee could recover medical benefits B. holding that employer reasonably accommodated seventh day adventist employee by inter alia agreeing to permit any shift exchanges that employee could arrange on his own C. holding that employers must when appropriate accommodate a disabled employee by reassignment to a vacant position if employee cannot be accommodated in existing job D. holding that a seniority and absenteeism system itself provided reasonable accommodation to a seventh day adventist employees religious needs E. holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury

assistant: The best answer is B. holding that employer reasonably accommodated seventh day adventist employee by inter alia agreeing to permit any shift exchanges that employee could arrange on his own
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 execution and delivery by the Borrower of this Amendment and the performance by the Borrower of this Amendment and the Credit Agreement , as amended by this Amendment , in accordance with their respective terms, do not and will not, by the passage of time, the giving of notice or otherwise: (i) require any consent or approval of, registration or filing with, or any action by, any Governmental Authority (other than any filings required by applicable securities laws) or violate any law, rule or regulation applicable to the Borrower or any judgment, order or ruling of any Governmental Authority; (ii) violate or result in a default under any indenture, material agreement or other material instrument binding on the Borrower or any of its assets or give rise to a right thereunder to require any payment to be made by the Borrower ; or (iii) result in the creation or imposition of any Lien on any asset of the Borrower .

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: At any time before the Closing, either Seller or Buyer may, in writing, (a) extend the time for the performance of any obligation or other acts of the other person, (b) waive any breaches or inaccuracies in the representations and warranties of the other person contained in this Agreement or in any document delivered pursuant to this Agreement, or (c) waive compliance with any covenant, agreement or condition contained in this Agreement but such waiver of compliance with any such covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure. No failure on the part of either party to exercise, and no delay in exercising, any right, power or remedy under any Transaction Document shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power or remedy by such party preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

assistant: Waivers
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: knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affi-ant is competent to testify to the matters stated therein.”). Boulton likewise failed to show that similarly situated employees who were not in his protected class were not terminated. Boulton identified one comparable employee, a fellow manager -in his division of IIE, whose job was not eliminated. This was insufficient to show preferential treatment of similarly situated employees, however, for Boulton presented no evidence that the employee he identified was not a member of his protected class. If IIE had replaced Boulton, it would not matter whether his successor was a member of his protected class or not. See Stella v. Mineta, 284 F.3d 135, 146 (D.C.Cir.2002) (<HOLDING>). But the inference of discrimination that Options: A. holding that the plaintiff made out a prima facie case of age discrimination based upon a showing that she was a member of the protected group she was qualified and capable of doing her job she was discharged and that her manager called her old woman thus evincing agebased animus sufficient to demonstrate discriminatory intent B. recognizing that a plaintiffs burden in establishing a prima facie case is not onerous C. holding that in title vii disparate treatment case in order for a plaintiff to establish a prima facie case the plaintiff must proffer evidence among other things that she performed her job according to her employers legitimate expectations if the plaintiff establishes the prima facie case the presumption shifts the burden to the employer to produce a legitimate nondiseriminatory reason for its actions D. holding that a plaintiff in a discrimination case need not demonstrate that she was replaced by a person outside her protected class in order to carry her burden of establishing a prima facie case E. holding that a plaintiff in a discrimination case need not demonstrate that she was replaced by a person outside her protected class in order to carry her burden of establishing a prima facie case under mcdonnell douglas corp v green 411 us 792 93 sct 1817 36 led2d 668 1973

assistant: The best answer is D. holding that a plaintiff in a discrimination case need not demonstrate that she was replaced by a person outside her protected class in order to carry her burden of establishing a prima facie case
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: is possible he can. Against this backdrop, we proceed. B. What Is a Crime Involving Moral Turpitude? Our question, again, is whether Idy committed a crime involving moral turpitude. Normally we would begin by analyzing the language of 8 U.S.C. § 1182(a)(2)(A)(i)(I), the statute that renders inadmissible any immigrant who has committed “a crime involving moral turpitude,” to determine what Congress intended those particular words to mean. But in this arena it is well established that “Congress left the term ‘crime involving moral turpitude’ to future administrative and judicial interpretation.” Cabral v. INS, 15 F.3d 193, 195 (1st Cir.1994). Turning, then, to such post-enactment interpretations, we have in the past accepted the BIA’s definition of moral turpitude as condu (B.I.A.1981) (<HOLDING>); Matter of Medina, 15 I. & N. Dec. 611, 613-14 Options: A. holding that new yorks reckless conduct statute establishes a crime involving moral turpitude B. holding that assault with a deadly weapon was not a crime involving moral turpitude C. holding that robbery under california law categorically qualified as a crime involving moral turpitude and noting precedent in this and other circuits that theft crimes are crimes involving moral turpitude D. holding that involuntary manslaughter defined either as reckless or negligent was not a crime of moral turpitude because itwas based on unintentional conduct in contrast to those crimes involving some form of evil intent it is not an offense that is mala in se and thus does not fall within the definition of crimes involving moral turpitude E. holding that the bia did not act unreasonably in concluding new yorks first degree reckless endangerment statute is a crime involving moral turpitude

assistant: The best answer is A. holding that new yorks reckless conduct statute establishes a crime involving moral turpitude
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 party hereto agrees, on behalf of itself and its Affiliates, that any actions, suits or proceedings arising out of or relating to this Agreement or the transactions contemplated hereby will be brought solely and exclusively in the United States District Court for the Northern District of Georgia or the courts of the State of Georgia located in Atlanta, Georgia (and the parties agree on behalf of themselves and their respective Affiliates not to commence any action, suit or proceeding relating thereto except in such courts), and further agrees that service of any process, summons, notice or document by U.S. registered mail to the respective addresses set forth in Section 24 hereof will be effective service of process for any such action, suit or proceeding brought against any party in any such court. Each party, on behalf of itself and its Affiliates, agrees and consents to the personal jurisdiction of the United States District Court for the Northern District of Georgia and the courts of the State of Georgia located in Atlanta, Georgia, and irrevocably and unconditionally waives any objection to the laying of venue of any action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby, in the United States District Court for the Northern District of Georgia or the courts of the State of Georgia located in Atlanta, Georgia, and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an improper or inconvenient forum.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In the event, prior to the earlier of the Expiration Date and the date on which this Option has been exercised in full, (a) that the Company sets a record date (or a record date will otherwise occur) for any (i) dividend or other distribution, (ii) vote at a meeting (or action by written consent), (iii) right to subscribe for or purchase any shares of capital stock of any class or any other securities or (iv) right to receive any other security or right in or to a security or (b) of a potential Business Combination or the voluntary or involuntary dissolution, liquidation or winding up of the Company, then the Company will send or cause to be sent to the Holder at least 15 days prior to the applicable record date or the expected effective date, as applicable, for the event described above, a written notice in accordance with Section 16 specifying, as applicable, (A) the record date for such dividend, distribution, meeting or consent or other right or action and a description of such dividend, distribution or other right or such action to be taken at such meeting or by written consent or (B) the effective date on which such Business Combination or dissolution, liquidation or winding up is proposed to take place, and the date, if any is to be fixed, as of which the books of the Company will close or a record will be taken with respect to which the holders of record of Class A Common Stock (or such other capital stock or securities at the time issuable upon exercise of the Option) will be entitled to exchange their shares of Class A Common Stock (or such other capital stock or securities) for securities or other property deliverable upon such Business Combination or dissolution, liquidation or winding up, and the amount per share and character of such exchange applicable to the Option and the Option Shares. To the extent the Company discloses any of these matters to its stockholders by means of a press release or SEC filing, the Company’s notice obligations to the Holder under this Section 4.6 will be deemed satisfied.

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: In the event a Participant becomes Disabled during the Participant’s Service, such Participant’s Vested Account shall be distributed as of the date of Disability and any portion of the Participant’s Account that is not vested as of the date of the Disability will be forfeited.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each party’s obligations under this Section 11.3 shall survive the resignation of the Administrative Agent or any assignment of rights by, or the replacement of, a Lender, the termination of the Commitments and the repayment, satisfaction or discharge of all obligations under any Loan Document.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: different place in the superseding indictment than it does in the statute makes no difference here. First, the “attempt” language appears after “knowingly” and before the other elements of the crime. “Attempt” can fairly be read to modify all of the elements that follow the word, not just the “means or facility of interstate commerce” element. Second, even if the “attempt” language in the superseding indictment is somewhat imprecise, this does not render the superseding indictment insufficient. “[D]ue process does not require a recitation of the statute; it requires only that the [indictment] as a whole set forth the critical details of the offense charged.” United States v. Lentsch, 369 F.3d 948, 953 (6th Cir.2004); see also United States v. Martinez, 981 F.2d 867, 872 (6th Cir.1992) (<HOLDING>). Third, given the circumstances in which this Options: A. holding that the government need not prove that the defendant actually knew the exact nature of the substance to establish mens rea knowledge of drugs illegality is sufficient B. holding that a mens rea of unlawfully in the indictment was sufficient because the indictment referenced the applicable statute which required a reckless mens rea C. holding convictions under fla stat 893131 qualify as serious drug offenses pursuant to the acca despite the florida statutes lack of a mens rea element D. holding that an indictment gave sufficient notice when the indictment charged the elements of the offense E. holding that an indictment that omitted the mens rea element was sufficient because it cited the applicable statutes which informed the defendant of the elements of the charged offenses

assistant: The best answer is E. holding that an indictment that omitted the mens rea element was sufficient because it cited the applicable statutes which informed the defendant of the elements of the charged offenses
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 provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that neither the Company nor any other Loan Party may assign or otherwise transfer any of its rights or obligations hereunder (except pursuant to a transaction involving a Borrower permitted under this Agreement) without the prior written consent of the Administrative Agent and each Lender, and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an assignee in accordance with the provisions of subsection (b) of this Section, (ii) by way of participation in accordance with the provisions of subsection (d) of this Section, or (iii) by way of pledge or assignment of a security interest subject to the restrictions of subsection (e) of this Section (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in subsection (d) of this Section and, to the extent expressly contemplated hereby, the Related Parties of each of the Administrative Agent, each L/C Issuer and the Lenders) any legal or equitable right, remedy or claim under or by reason of this Agreement.

assistant: Successors