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: (g), which provides that “[attorney’s fees and expenses of litigation awarded under this Code section in a prior action between the same parties shall be treated as court costs with regard to the filing of any subsequent action.” Whether a litigant is subject to imposition of costs for the filing of a subsequent action as provided in subsection (g) should not turn on whether the litigant is able to refile a lawsuit more quickly than the original court is able to rule on a pending motion. Moreover, our holding comports with the Supreme Court of Georgia’s stated preference for presenting the question of a party’s entitlement to attorney fees and expenses “while the trial court’s memory of events is still fresh.” Fairburn Banking Co. v. Gafford, 263 Ga. 792, 794 (439 SE2d 482) (1994) (<HOLDING>). Decided March 10, 2006. Marc B. Hershovitz, Options: A. holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal B. recognizing that the trial court is not precluded from enforcing its judgment even though an appeal is pending C. holding that the district court was not divested of subject matter jurisdiction upon the dismissal of the plaintiffs federal claims D. holding that district court erred in determining that jury verdict of noninfringement divested district court of jurisdiction to hear unenforceability counterclaim E. holding that a trial court is not divested of its jurisdiction to hear an ocga 91514 motion pending appeal of the judgment below

assistant: The best answer is E. holding that a trial court is not divested of its jurisdiction to hear an ocga 91514 motion pending appeal of the judgment 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 case excerpt and choose the best holding from the options. Case excerpt: cases. However, the statute does not so provide, and the legislative record reflects no such intent. The Vaccine Act contains no basis for the majority’s hypothesis that Congress imposed an absolute and irremediable bar to any petition filed beyond the three-year statutory limitations period. Indeed, the Vaccine Act itself extends the period of limitations for cases erroneously filed in the district court instead of under the Vaccine Act; this congressional action to relieve a specific foreseeable problem does not establish congressional intent to prohibit relief for every other tardy fifing. The absence from the Vaccine Act of explicit authorization for equitable tolling is not unusual, and does not defeat the courts’ equitable power. See American Pipe, 414 U.S. at 558, 94 S.Ct. 756 (<HOLDING>). In justifying its decision to bar the Options: A. recognizing judicial immunity for acts committed within their judicial jurisdiction B. recognizing judicial power to grant new trial when jury awards of damages are excessive C. recognizing that court has inherent power to control the judicial business before it D. recognizing judicial power to toll periods of limitation E. recognizing inherent power of federal district court to sanction conduct abusive of judicial process

assistant: The best answer is D. recognizing judicial power to toll periods of limitation
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: claims for breach of contract , warranty , guarantee or condition ; strict liability , negligence , or other tort ; violation of a statute or regulation ; unjust enrichment ; or under any other theory ; all to the extent permitted by applicable law .

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: be given controlling effect; rather, all the provisions must be considered -with reference to the whole instrument.” Id. Here, we believe the policy at issue can be given a definite legal meaning and is not reasonably susceptible to more than one meaning; therefore, we hold the policy is unambiguous as a matter of law. The policy specifies SLIC will provide Wink a defense against claims arising from negligent errors or omissions resulting in civil violation of “[a]ny federal, state or local Truth-in-Lending statute.” We see nothing in the policy’s language that would limit Wink’s coverage to actions based on alleged violations of the federal TILA and its specific state or local counterparts. See Fredericks v. Universal Underwriters Ins. Co., 140 Or.App. 269, 915 P.2d 472, 476 (1996) (<HOLDING>). We therefore hold the policy’s plain language Options: A. holding the same where the plaintiff alleged breach of a contract provision that incorporated federal law by reference and breach of a new york statute by failing to provide uniform rates allegedly required by federal law B. holding policy provision promising defense costs for an alleged violation of any federal state or local truth in lending law was unambiguous and required a defense whenever a cause alleged facts that could be a violation of any law that has as its purpose the same objectives as the federal truthinlending act tila and its state and local counterparts C. holding that violation of state law was not a per se constitutional violation D. holding that the state law contract claim alleged the same conduct as in the erisa claim and was therefore preempted E. recognizing that plaintiff failed to prove a violation of the law of the land clause in the north carolina constitution because pjlaintiffs were unable to establish a federal due process violation and the constitutional claims state and federal are analyzed the same way

assistant: The best answer is B. holding policy provision promising defense costs for an alleged violation of any federal state or local truth in lending law was unambiguous and required a defense whenever a cause alleged facts that could be a violation of any law that has as its purpose the same objectives as the federal truthinlending act tila and its state and local counterparts
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: I. Jurisdiction The Court of Federal Claims has “jurisdiction to render judgment on an action by an interested party objecting to ... a proposed award or the award of a contract or any alleged violation of statute or regulation in connection with a procurement or a proposed procurement,” 28 U.S.C. § 1491(b)(1) (2012). A party is an “interested party” with standing to bring suit under 28 U.S.C. § 1491(b)(1) if the party “is an ’ actual or prospective bidder whose direct economic interest would be affected by the award of the contract.” Orion Tech., Inc. v. United States, 704 F.3d 1344, 1348 (Fed.Cir.2013). A bidder has a direct economic interest if it suffered a competitive injury or prejudice. Myers Investigative & Sec. Servs., Inc. v. United States, 275 F.3d 1366, 1370 (Fed.Cir.2002) (<HOLDING>). In a post-award bid protest, the protestor Options: A. holding that prejudice or injury is a necessary element of standing B. recognizing that allegation of state action is a necessary element of a 1983 claim C. holding that an assertion of prejudice is not a showing of prejudice D. holding that actual prejudice is not a necessary element of an insurers untimely notice defense E. holding that an antitrust injury is a necessary element of a 2 claim

assistant: The best answer is A. holding that prejudice or injury is a necessary element of standing
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: 177-78, 117 S.Ct. 1154, 137 L.Ed.2d 281 (1997) (internal quotation marks omitted): DHS’s policy of considering deterrence has profound and immediate consequences for Central American asylum seekers detained as a result. Relatedly, Defendants emphasize that Plaintiffs have failed to cite any statute, regulation, policy memoranda, or any other document memorializing the policy they challenge. See Def. Opp. & Mot. at 22. Agency action, however, need not be in writing to be final and judicially reviewable. See Venetian Casino Resort LLC v. EEOC, 530 F.3d 925, 929 (D.C.Cir.2008) (concluding that “the record” as a whole “leaves no doubt” that a policy exists, even though “the details ... are still unclear”); Grand Canyon Trust v. Pub. Serv. Co. of N.M., 283 F.Supp.2d 1249, 1252 (D.N.M.2003) (<HOLDING>). A contrary rule “would allow an agency to Options: A. holding that pure issue of law is preserved by motion for summary judgment and is reviewable after final judgment B. holding that a reviewable final order is necessary for subjectmatter jurisdiction C. holding that both law and logic dictate that an unwritten agency policy is reviewable D. holding an agency could not use a policy found in a departments employee manual as the rule of law to determine a contested issue because the agency never adopted a rule containing such a policy E. holding that an arbitration award based on the conclusion that unappended waiver forms are unenforceable pursuant to public policy is not reviewable by the courts because as stated in schultz it is not based on an allegation that a specific provision in an insurance policy contravenes public policy

assistant: The best answer is C. holding that both law and logic dictate that an unwritten agency policy is reviewable
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: Debtor and Secured Party acknowledge that each of them has had the benefit of legal counsel of its own choice and has been afforded an opportunity to review this Agreement with its legal counsel and that this Agreement shall be construed as if jointly drafted by Debtor and Secured Party.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Party or its Affiliate responsible under applicable Law for filing a Post-Distribution Income Tax Return or a Non-Income Tax Return (in each case required to be filed after the Distribution Date) shall prepare and file or cause to be prepared and filed that Tax Return (at that Party’s own cost and expense). All such Tax Returns shall be filed in a manner (i) consistent with (and the Parties and their Affiliates shall not take any position inconsistent with) the IRS Ruling, the Tax Representation Letters, and the Tax Opinions and (ii) consistent with any (1) in the case of any Post-Distribution Income Tax Return, any Pre-Distribution Income Tax Returns and (2) in the case of any Non-Income Tax Return, consistent with past practice.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Id. at *6. Of course, another court’s interpretation of the exact policy at issue is more persuasive than cases addressing different policies with different contractual language. It is true, as Plaintiffs points out, that even when the language of a contract is unambiguous, the Court must still ensure that construing the contract according to its plain meaning does not give rise to absurd results. As Judge Posner explained, “when the application of a rule leads to a truly whacky result, a more than suspicion arises that the parties can’t have set so high a value on clarity that they would have thought such an application a proper interpretation of the rule.” Level 3 Communications, Inc., 168 F.3d at 958; see also Government Employees Ins. Co., 266 Va. at 167, 580 S.E.2d 823 (<HOLDING>); Metropolitan Life Ins. Co. v. Myers, 161 Va. Options: A. holding that contracts should be interpreted to avoid absurd results B. recognizing that courts should not construe statutes in a way that leads to absurd results C. recognizing that to avoid absurd results the court has a duty to interpret the rules of criminal procedure with logic and common sense D. holding that courts should avoid interpretations of statutes which would produce absurd results E. holding that virginia courts must avoid absurd results

assistant: The best answer is E. holding that virginia courts must avoid absurd results
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: Neither the execution, delivery or performance of this Agreement nor the consummation by such Member (or any of its Affiliates) of the transactions contemplated hereby (i) does or will conflict with, violate or result in a breach of (or has conflicted with, violated or resulted in a breach of) any of the terms, conditions or provisions of any law, regulation, order, writ, injunction, decree, determination or award of any court, any governmental department, board, agency or instrumentality, domestic or foreign, or any arbitrator, applicable to such Member or any of its Affiliates, (ii) does or will conflict with, violate, result in a breach of or constitute a default under (or has conflicted with, violated, resulted in a breach of or constituted a default under) any of the terms, conditions or provisions of the articles of incorporation, bylaws, partnership agreement or operating agreement of such Member or any of its Affiliates or of any material agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates is or may be bound or to which any of its properties or assets is subject, (iii) does or will conflict with, violate, result in (or has conflicted with, violated or resulted in) a breach of, constitute (or has Constituted) a default under (whether with notice or lapse of time or both}, accelerate or permit the acceleration of (or has accelerated} the performance required by, give (or has given) to others any material interests or rights or require any consent, authorization or approval under any indenture, mortgage, lease, agreement or instrument to which such Member or any of its Affiliates is a party or by which such Member or any of its Affiliates or any of their properties or assets is or may be bound or (iv) does or will result (or has resulted) in the creation or imposition of any lien upon any of the properties or assets of such Member or any of its Affiliates.

assistant: No Defaults
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 questions concerning the construction, validity, enforcement and interpretation of the Transaction Documents shall be governed by and construed and enforced in accordance with the internal laws of the State of New York, without regard to the principles of conflicts of law thereof. Each party agrees that all legal proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement and any other Transaction Documents (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, partners, members, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the City of New York. Each party hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the City of New York, Borough of Manhattan for the adjudication of any dispute hereunder or in connection herewith or with any transaction contemplated hereby or discussed herein (including with respect to the enforcement of any of the Transaction Documents), and hereby irrevocably waives, and agrees not to assert in any Action or Proceeding, any claim that it is not personally subject to the jurisdiction of any such court, that such Action or Proceeding is improper or is an inconvenient venue for such Proceeding. Each party hereby irrevocably waives personal service of process and consents to process being served in any such Action or Proceeding by mailing a copy thereof via registered or certified mail or overnight delivery (with evidence of delivery) to such party at the address in effect for notices to it under this Agreement and agrees that such service shall constitute good and sufficient service of process and notice thereof. Nothing contained herein shall be deemed to limit in any way any right to serve process in any other manner permitted by law. If either party shall commence an Action or Proceeding to enforce any provisions of the Transaction Documents, then, in addition to the obligations of the Company under Section 4.8, the prevailing party in such Action or Proceeding shall be reimbursed by the non-prevailing party for its reasonable attorneys’ fees and other costs and expenses incurred with the investigation, preparation and prosecution of such Action or Proceeding.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may not be modified or amended except in writing signed by each of the parties hereto. No term or condition of this Agreement shall be deemed to have been waived except in writing by the party charged with such waiver. A waiver shall operate only as to the specific term or condition waived and shall not constitute a waiver for the future or act as a waiver of anything other than that specifically waived.

assistant: Modifications
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 , non-exclusive , non-sublicensable , and non-transferable license to use our services , subject to and in accordance with our terms .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS WARRANT WILL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEVADA (INCLUDING ANY RIGHTS TO SPECIFIC RELIEF PROVIDED FOR UNDER NEVADA STATUTES), WITHOUT REGARD TO THE CONFLICT OF LAWS PRINCIPLES THEREOF. THE PARTIES HEREBY WARRANT AND REPRESENT THAT THE SELECTION OF NEVADA LAW AS GOVERNING UNDER THIS WARRANT (I) HAS A REASONABLE NEXUS TO EACH OF THE PARTIES AND TO THE TRANSACTIONS CONTEMPLATED BY THE WARRANT; AND (II) DOES NOT OFFEND ANY PUBLIC POLICY OF NEVADA, FLORIDA, OR OF ANY OTHER STATE, FEDERAL, OR OTHER JURISDICTION.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: automatically invalidate that interest. If the grantor’s intent is clear, the interest is properly conveyed to the third person. (14-81A Powell on Real Property § 81A.05, attached as Ex. A, Doc. No. 19). The Defendants invite the Court to adopt this approach, whereby formalities in a deed’s rendition are subordinated to the intent of the grantor. The matter posed by the Defendants, of whether a deed’s reservation clause may be used to accomplish a transfer of an interest in property to a stranger to the deed, is a question of state law. In resolving questions of state law, this Court is bound to follow any applicable decision rendered by the highest court in the state, the Ohio Supreme Court. C & H Entertainment, Inc. v. Jefferson County Fiscal Court, 169 F.3d 1023, 1025 (6th Cir.1999) (<HOLDING>). In this matter, the Court is unaware, and the Options: A. holding federal courts are bound to follow intermediate state appellate court decisions unless there is persuasive evidence that the states highest court would rule otherwise B. holding that when applying state law a federal court is bound to follow the highest court in the state C. holding that a federal court sitting in diversity is bound to follow the law of the forum state D. holding federal courts are bound by state court determinations of state law E. holding that when applying state law this court follows the decision of the highest state court or in the absence of such a decision and any indication that the highest court would rule differently the decisions of the states intermediate courts

assistant: The best answer is B. holding that when applying state law a federal court is bound to follow the highest court in the state
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: stated, “The Defendant is not required to prove his innocence. The burden of proof remains on the State to prove guilt beyond a reasonable doubt.” Additionally, the circuit court instructed, “The presumption of innocence is like a robe of righteousness placed about the shoulders of the Defendant[,] which remains with the Defendant until it has been stripped from the Defendant by evidence satisfying you of the Defendant’s guilt beyond a reasonable doubt.” Thus, our review of the record and the entire charge reveals no prejudice sufficient to warrant reversal. See Beaty, No. 1 at 16 (reviewing the trial court’s comments and the entire trial record and concluding there was no prejudice from the trial court’s error sufficient to warrant reversal); Simmons, 384 S.C. at 178, 682 S.E.2d at 36 (<HOLDING>); id. (“If, as a whole, the charges are Options: A. holding that because trial court actually gave part of a jury charge that appellant claimed was improperly omitted and because remainder of courts charge adequately defined one of the legal terms at issue the courts jury charge taken as a whole was not misleading and did not constitute reversible error B. 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 C. holding that although portion of trial courts jury charge was inapplicable any error in providing it was harmless in light of the fact that charge considered as a whole was not likely to confuse or mislead the jury D. holding appellate courts must consider the trial courts jury charge as a whole E. holding that where both the appellate and trial courts are reviewing the paper record there is no reason for the appellate courts to defer to the trial courts finding

assistant: The best answer is D. holding appellate courts must consider the trial courts jury charge as a whole
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 issuance of Cash Award pursuant to this Agreement shall be subject to, and shall comply with, any applicable requirements of any foreign and U.S. federal and state securities laws, rules and regulations (including, without limitation, the provisions of the Securities Act of 1933, as amended, the 1934 Act and in each case any respective rules and regulations promulgated thereunder) and any other law or regulation applicable thereto.

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 case excerpt and choose the best holding from the options. Case excerpt: the undisputed allegations of the underlying complaint, there is no plausible way that Hanft could be legally entitled to the personal profit he gained, and therefore, application of the exclusion need not await final adjudication of the underlying action. Moreover, it is unlikely that the issue of whether Hanft was “legally entitled” to the loan proceeds will ever be adjudicated in the underlying action. In the underlying action, the Diehls have asserted causes of action against Hanft for rescission and breach of contract. Whether Hanft was “legally entitled” to the loan proceeds is not an element of either of these causes of action which the factfinder in the underlying case would be required to determine. See Shane v. Hoffmann, 227 Pa.Super. 176, 324 A.2d 532, 536 (Pa.Super.Ct 1974) (<HOLDING>) a false representation of an existing fact; 2) Options: A. holding basic elements of due process are notice and a right to be heard B. recognizing that a claim under mcl 6002932 includes all actions to decide interests in land even when the claim involves fraud or rescission and holding that the 15year period of limitations applies to such an action rather than the shorter periods applicable to typical claims for fraud and rescission C. holding that the two elements of a copyright infringement claim are 1 the plaintiff owns a valid copyright right and 2 the defendants copied constituent elements of the work that are original D. holding that party affirming contract is precluded from later seeking rescission E. holding elements of rescission are 1

assistant: The best answer is E. holding elements of rescission are 1
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 Servicer shall not (i) release any Financed Vehicle securing any Receivable from the security interest granted therein by such Receivable in whole or in part except in the event of payment in full by the Obligor thereunder or upon transfer of such Financed Vehicle to a purchaser following repossession by the Servicer, (ii) impair the rights of the Borrower, the Administrative Agent, the Secured Parties or the Collateral Custodian in the Collateral, (iii) increase the number of Scheduled Payments due under a Receivable except as permitted herein, (iv) prior to the payment in full of any Receivable, sell, pledge, assign, or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on such Receivable or any interest therein, (v) impair the rights of the Borrower or the Secured Parties in the Collateral or (vi) sell, pledge, assign, or transfer to any other Person, or grant, create, incur, assume or suffer to exist any Lien on the Collateral or any interest therein.

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: to the Central Bank opinion because the law, prior to the PSLRA, “was not uniform on the issue of what constituted the requisite scienter for aiding and abetting liability,” and Congress was well-aware of the divergence in the law when it passed Section 20(e). KPMG LLP, supra, 412 F.Supp.2d at 383. Thus, upon review of the plain language and legislative history of Section 20(e), as well as the compelling rationales set forth in Johnson, Fehn, and KPMG, the Court concludes that the SEC must show that the aider-abettor had actual knowledge of the underlying securities violation to establish an aiding and abetting claim under Section 20(e). Recklessness, even “extreme recklessness” in the presence of a fiduciary relationship, is insufficient. Accord Kushner, supra, 417 F.Supp.2d at 334 (<HOLDING>). In addition to actual knowledge, the SEC must Options: A. holding notice no longer required even for traditional departures B. holding that twostep sequence is no longer an inflexible requirement C. holding that recklessness even for fiduciaries is no longer sufficient D. holding that tax courts miller opinion will no longer be followed E. holding that a court lacks jurisdiction when the issues in a case are no longer live

assistant: The best answer is C. holding that recklessness even for fiduciaries is no longer sufficient
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 and each Other Document (unless and except to the extent expressly provided otherwise in any such Other Document), and all matters relating hereto or thereto or arising herefrom or therefrom (whether arising under contract law, tort law or otherwise) shall, in accordance with Section 5-1401 of the General Obligations Law of the State of New York, be governed by and construed in accordance with the laws of the State of New York. Any judicial proceeding brought by or against any Borrower with respect to any of the Obligations, this Agreement, the Other Documents or any related agreement may be brought in any court of competent jurisdiction in the State of New York, United States of America, and, by execution and delivery of this Agreement, each Borrower accepts for itself and in connection with its properties, generally and unconditionally, the non-exclusive jurisdiction of the aforesaid courts, and irrevocably agrees to be bound by any judgment rendered thereby in connection with this Agreement. Each Borrower hereby waives personal service of any and all process upon it and consents that all such service of process may be made by certified or registered mail (return receipt requested) directed to Borrowing Agent at its address set forth in Section 16.6 and service so made shall be deemed completed five (5) days after the same shall have been so deposited in the mails of the United States of America, or, at Administrative Agent’s or Collateral Agent’s option, by service upon Borrowing Agent which each Borrower irrevocably appoints as such Borrower’s agent for the purpose of accepting service within the State of New York. Nothing herein shall affect the right to serve process in any manner permitted by law or shall limit the right of any Agent or any Lender to bring proceedings against any Borrower in the courts of any other jurisdiction. Each Borrower waives any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. Each Borrower waives the right to remove any judicial proceeding brought against such Borrower in any state court to any federal court. Any judicial proceeding by any Borrower against any Agent or any Lender involving, directly or indirectly, any matter or claim in any way arising out of, related to or connected with this Agreement or any related agreement, shall be brought only in a federal or state court located in the County of New York, State of New York.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: To Seller’s knowledge, without investigation, Seller has heretofore delivered to Buyer (or will make available to Buyer as part of the Documents) true complete copies of all Approvals secured by Seller. Seller has not received any currently effective notice in writing of any uncured material breach or default under any of the Approvals.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: CURIAM: Carlo Junior Seneeharles appeals his conviction and sentence for possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). He raises three issues on appeal, which we address in turn. After review, we affirm Sen-echarles’s con earm and ammunition had traveled through interstate commerce before the offense was committed, the Government established a minimal nexus between Senecharles’s firearm and ammunition and interstate commerce, and the statute was constitutional as-applied to him. See United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir. 2011) (<HOLDING>). B. Armed Career Criminal Act Senecharles also Options: A. holding 922g is not unconstitutional as applied to a defendant who possessed a firearm only intrastate when the government demonstrated that the firearm moved in interstate commerce B. recognizing scarborough holding that commerce nexus satisfied upon showing that possessed firearm had traveled at some time in interstate commerce C. holding that a defendant possessed a firearm in connection with a crime when the firearm was kept in a car across the street from where the defendant was selling drugs D. holding that the government was required to prove that the defendant lacked a license to possess a firearm but not that the defendant possessed the firearm for any duration of time E. holding that to apply the firearm enhancement the firearm need only reflect the context of the defendants possession and the defendants ability to use the firearm to promote the controlled substance offense

assistant: The best answer is A. holding 922g is not unconstitutional as applied to a defendant who possessed a firearm only intrastate when the government demonstrated that the firearm moved in interstate commerce
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 and from time to time, on one or more occasions, subject to the terms and conditions set forth herein, the Borrowers may, by notice to the Administrative Agent, (a) increase the U.S./Canadian Revolving Facility Commitments, (b) increase the French Revolving Facility Commitments and/or (c) increase the European Revolving Facility Commitments (each such increase, an “ Incremental Revolving Facility Increase ” and such additional Revolving Facility Commitments, the “ Incremental Commitments ”).

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, taken together with all of the other Loan Documents, embodies the entire agreement and understanding among the parties hereto and supersedes all prior agreements and understandings, written and oral, relating to the subject matter hereof.

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: SolarCity shall defend, indemnify and hold harmless the Assignee and the Third Party Beneficiary (each an “ Indemnified Person ”) from and against any and all costs, expenses, losses, damages, claims, and liabilities, suffered or sustained by any Indemnified Person (including reasonable fees and expenses of counsel and other professionals) arising out of or resulting from: (i) the defense of an action, proceeding, motion or other objection in which the sale, conveyance, transfer, assignment and delivery of the Assigned Rights contemplated hereunder is asserted to be any transaction other than a true sale of the Assigned Rights and (ii) with respect to the enforcement or protection of all of Assignee’s and Third Party Beneficiary’s claims and rights under this Agreement, including as part of any restructuring or bankruptcy.

assistant: Indemnity
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 Plan shall inure to the benefit of and be binding upon the beneficiaries, heirs, executors, administrators, successors and assigns of the parties, including each Teammate, present and future, and any successor to the Company or one of its subsidiaries. This Plan shall not be terminated by any merger or consolidation of the Company whereby the Company is or is not the surviving or resulting corporation or as a result of any transfer of all or substantially all of the assets of the Company. In the event of any such merger, consolidation or transfer of assets, the provisions of this Plan shall be binding upon the surviving or resulting corporation or the person or entity to which such assets are transferred. The Company agrees that concurrently with any merger, consolidation or transfer of assets referred to in this Section 13, it will cause any surviving or resulting corporation or transferee unconditionally to assume all of the obligations of the Company hereunder.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: confinement for 60 days, and reduction to E-l. Production of Defense Sentencing Witness The appellant contends the military judge erred in failing to order the government to produce his father as a sentencing witness. He argues, as he did at trial, that a live witness is more compelling than a “piece of paper” and thus the military judge’s ruling was an abuse of discretion. We do not agree. R.C.M. 1001(e) sets forth the rights of an accused to present witnesses during pre-sentence proceedings. The rule provides that there shall be “greater latitude” in presentencing proceedings than on the merits to receive information by means other than the personal appearance of witnesses. R.C.M. 1001(e)(1). See generally Williams v. New York, 337 U.S. 241, 69 S.Ct. 1079, 93 L.Ed. 1337 (1949) (<HOLDING>); Fed.R.Crim.P. 32(c). The military judge is Options: A. holding that material for witnesses need not be produced to defendant where the witnesses were not called as government witnesses at trial B. recognizing that the constitution permits some imprecision in the apportionment of income to a particular state C. holding that the constitution permits the sentencing authority to consider evidence from sources other than live witnesses D. holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing E. holding that the idaho constitution provides no greater protection from double jeopardy than does the federal constitution

assistant: The best answer is C. holding that the constitution permits the sentencing authority to consider evidence from sources other than live witnesses
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if you become involved in any violation of system security , viber reserves the right to release your details to system administrators at other sites , law enforcement and/or governmental authorities in order to assist them in resolving security incidents .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed and delivered in several counterparts, each of which shall be deemed original, but such counterparts shall together (when executed and delivered) constitute but one and the same instrument. This Agreement may be executed and delivered in counterpart signature pages executed and delivered via facsimile or other electronic transmission in Adobe portable document format (also known as “ PDF ”), and any such counterpart executed and delivered via facsimile or other electronic transmission in PDF shall be deemed an original for all intents and purposes. Any party who delivers such a signature page agrees to later deliver an original executed counterpart to any party who requests it, promptly upon request.

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: In the event that Participant breaches any of the covenants contained in Section 2.3, 2.4 and 2.5, this Award will immediately and automatically be cancelled and forfeited without consideration as of the date of such breach, and any proceeds, gains or other economic benefit actually or constructively received by Participant in connection with the settlement of this Award must be promptly re-paid by Participant to the Company upon request.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Participant shall be entitled to receive a retainer with respect to each Board term, beginning the day of each annual stockholders’ meeting and ending the day before the succeeding annual stockholders’ meeting (the “Plan Year”) in an amount determined from time to time by the Board or its delegate. Retainers shall be earned and paid at the end of each of the Company’s fiscal quarters. A Participant elected to the Board at any time other than the commencement of a Plan Year shall be entitled to receive a full quarter retainer payment beginning in the fiscal quarter the Participant’s election to the Board is effective.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: argument, and we decline to address it further. IX. Attachment of Loan Proceeds Jeff also argues that the writ of attachment erred by stating that it applied to money that the Crider Entities might loan to him in the future. He asserts that any loan proceeds he might receive are not subject to garnishment or attachment because he must pay back such funds and, therefore, such funds are the property of the lender, not him. We disagree. Indiana’s statute listing property exempt from garnishment and attachment does not include loan proceeds as being exempt. See I.C. § 34-55-10-2. In fact, there is a federal statute that expressly exempts federal student loan proceeds from garnishment and attachment. See Brindle v. Arata, 940 N.E.2d 320, 322 (Ind.Ct.App.2010) (citing 20 U.S.C. § 1095a(d)) (<HOLDING>). Such a statute would seem to be unnecessary Options: A. holding that because proceeds of a letter of credit were not secured by estate collateral the proceeds were not property of the estate B. holding that the entirety of litigation settlement proceeds was taxable income to client not net after payment of attorney fees C. holding that proceeds of a personal injury settlement are not exempt under missouri law D. holding student loan proceeds did not lose exempt status after excess of proceeds after payment of tuition and fees was deposited in students bank account E. holding payment in kind contracts are proceeds

assistant: The best answer is D. holding student loan proceeds did not lose exempt status after excess of proceeds after payment of tuition and fees was deposited in students bank account
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: 20, 2015, Tedder filed , his notice of appeal. The Florida Probate Rules govern “procedure in all probate' and ’ guardianship proceedings.” Fla. Prob. R. 5.010. Pertinent to this appeal, Florida Probate Rule 5.020(d) provides that “[a] motion for rehearing of any order or judgment shall be served not later than 10 days after the date of filing the order or judgment with the clerk as shown on the face of the order or judgment.” Here, Tedder’s motion for rehearing was served thirteen days after the order denying subsequent administration was filed. The effect of this untimely motion for rehearing was that it -did not toll the rendition of the order or extend Tedder’s time for taking an appeal. See Hunt v. Forbes, 65 So.3d 133, 134 (Fla. 4th DCA 2011) (citing Fla. R. App. P. 9.020(h) (<HOLDING>)). Moreover, once the ten days for rehearing Options: A. holding that a rehearing order was not final or appealable B. holding that there is no authority for a motion for rehearing of an order disposing of a rule 3800 motion to correct illegal sentence and therefore the motion for rehearing did not postpone rendition of the order so as to make the notice of appeal timely C. recognizing that an authorized and timely motion for rehearing serves to toll rendition of a final order D. holding a motion for rehearing from an appealable nonfinal order is not authorized and thus does not toll the time for filing an appeal E. holding that an unauthorized motion for rehearing does not toll defendants time for filing a notice of appeal

assistant: The best answer is C. recognizing that an authorized and timely motion for rehearing serves to toll rendition of a final order
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 GRANTOR JOINDER AGREEMENT, AND ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE) SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK WITHOUT REGARD TO CONFLICTS OF LAW RULES THAT WOULD RESULT IN THE APPLICATION OF A DIFFERENT GOVERNING LAW (OTHER THAN ANY MANDATORY PROVISIONS OF THE UCC RELATING TO THE LAW GOVERNING PERFECTION AND THE EFFECT OF PERFECTION OR PRIORITY OF THE SECURITY INTERESTS).

assistant: Governing Laws