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: became “grossly swollen” and “painful,” with deep cuts appearing “around both wrists where the handcuffs were embedded into his flesh.” He further alleged that he has permanent scarring and “now suffers from nerve injury ... caused by the long-term wearing of over-tight handcuffs and the black box.” The district court erred in holding that Dominguez must show that he suffered a significant injury in order to proceed on his IFP complaint. See id. (recognizing that injury is no longer required to be significant in the context of an excessive force claim). 4. Dominguez’s medical records were improperly used at the Spears hearing to counter his injury allegations because the records did not show those allegations to be implausible. See Williams v. Luna, 909 F.2d 121, 124 (5th Cir.1990) (<HOLDING>). 5. Dominguez’s complaint alleged that the Options: A. holding that to the extent medical records may be properly categorized as business records such records are properly categorized as nontestimonial B. holding prisoners had no clearly established right to privacy in medical records in 1995 C. holding that records relating to a student court were not education records D. holding that seventeen missing records does not constitute improper record keeping because the fact that the records are not at the station does not mean that the records are incorrect or inaccurate E. holding that reliance on a prisoners medical records to refute his testimony is improper unless such records indicate his allegations of injury are inherently implausible

assistant: The best answer is E. holding that reliance on a prisoners medical records to refute his testimony is improper unless such records indicate his allegations of injury are inherently implausible
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: The parties intend that all payments or benefits payable under the Agreement will not be subject to the additional tax imposed by Section 409A, and the provisions of the Agreement shall be construed and administered consistent with such intent. To the extent such potential payments could become subject to Section 409A, the Company and Employee agree to work together to modify the Agreement to the minimum extent necessary to reasonably comply with the requirements of Section 409A, provided that the Company shall not be required to provide any additional compensation amounts or benefits and Employee shall be responsible for payment of any and all taxes owed in connection with the payment of the Stay Incentive Award.

assistant: Interpretations
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 of the Loan Parties shall not, and shall not permit any of its Subsidiaries to own or create directly or indirectly any Subsidiaries other than (i) any Subsidiary which has joined this Agreement as Guarantor on the Closing Date; (ii) Excluded Foreign Subsidiaries, and (iii) any Subsidiary, subject to the limitations contained in Section 8.2.4 [Loans and Investments], formed or acquired after the Closing Date which joins this Agreement as a Guarantor by complying with the requirements of Section 8.1.13 [Covenant to Guaranty Obligations and Give Security] to the extent required therein and (iv) in connection with a Permitted Transaction . Each of the Loan Parties shall not become or agree to become a party to a Joint Venture, other than the Parent’s 49% ownership in Minda Stoneridge Instruments Ltd. or pursuant to a Permitted JV Transaction.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: to those under the comparator statutes — There are very important substantive differences between the Veterans’ Benefits Act and the Social Security Act ... especially between the service-connected disability ' compensation ... and the available benefits under the comparator acts. These differences render the Veterans’ Benefits Act, as a matter of statu tory construction, dissimilar to the Social Security Act.... Hannington v. Sun Life & Health Ins. Co., 711 F.3d 226, 233-34 (1st Cir.) cert. denied, — U.S. -, 134 S.Ct. 285, 187 L.Ed.2d 152 (2013). “Congress has created a paternalistic veterans’ benefits system to care for those who served their country in uniform”. See, e.g., Comer v. Peake, 552 F.3d 1362, 1368 (Fed.Cir. 2009); Hensley v. West, 212 F.3d 1255, 1262 (Fed.Cir. 2000) (<HOLDING>) ; Nolen v. Gober, 222 F.3d 1356, 1361 (Fed. Options: A. holding that a plantshutdown benefit is not an optional form of benefit B. recognizing that the veterans benefit system is uniquely proclaimant C. holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court D. recognizing nonadversarial and proclaimant character of veterans benefits adjudication E. holding that the interpretation of a veterans filings is a factual inquiry

assistant: The best answer is B. recognizing that the veterans benefit system is uniquely proclaimant
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 Arkansas. 3 . Zamora-Garcia argues that the district court clearly erred by finding that he was nervous because Corporal Astin said at the same suppression hearing that Zamora-Garcia was relaxed as he observed the subsequent roadside search. We reject this argument. The district court chose to credit Corporal Astin’s assessment of Zamora-Garcia's demeanor and his view that Zamora-Garcia was nervous initially but later relaxed. As we often note, determinations of credibility are “virtually unassailable on appeal.” United States v. Freeman, 625 F.3d 1049, 1052 (8th Cir. 2010) (quoting United States v. Guel-Contreras, 468 F.3d 517, 521 (8th Cir. 2006)). 4 . On appeal, Zamora-Garcia raises no challenge to Corporal Astin’s search of this bag. See Jimeno, 500 U.S. at 251, 111 S.Ct. 1801 Options: A. holding that the driver of a car who had permission to use the car had standing to challenge its search B. holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car C. holding that a detained defendants consent to search his car was voluntary even though the police did not tell him he was free to leave D. holding that where defendant consented to search of his car and stood by as agent conducted a thorough and systematic search which included removal of vehicles back seat and raising of cars rear quarter panel defendants failure to object to search indicated search was within scope of consent E. holding that it was unreasonable to believe that womans boyfriend had authority to consent to the search of her purse even though he had authority to consent to the search of the car in which it was kept

assistant: The best answer is B. holding that it was objectively reasonable for the police to conclude that the general consent to search the respondents car included consent to search a bag within that car
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If any provision of this Agreement shall be held by a court of competent jurisdiction, or declared under any law, rule or regulation of any government having jurisdiction over the Parties hereto, to be illegal, invalid or unenforceable, then such provision will, to the extent permitted by the court or government, not be voided, but will instead be construed to give effect to the intentions of the Parties to the maximum extent permissible under Applicable Laws, and the remainder of this Agreement will remain in full force and effect in accordance with its terms.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: 548 U.S. 140, 144, 126 S.Ct. 2557, 165 L.Ed.2d 409 (2006). The government must “honor” a defendant’s Sixth Amendment right to counsel: This means more than simply that the State cannot prevent the accused from obtaining the assistance of counsel. The Sixth Amendment also imposes on the State an affirmative obligation to respect and preserve the accused’s choice to seek this assistance.... [A]t the very least, the prosecutor and police have an affirmative obligation not to act in a manner that circumvents and thereby dilutes the protection afforded by the right to counsel. Maine v. Moulton, 474 U.S. 159, 170-71, 106 S.Ct. 477, 88 L.Ed.2d 481 (1985). This is intuitive: the right to counsel in an adversarial legal system would mean little if defense counse Ct. 1330, 47 L.Ed.2d 592 (1976) (<HOLDING>). Defendants-Appellees do not say that they Options: A. holding admission of preliminary hearing testimony did not violate the sixth amendment where defendants motive during crossexamination was the same as at trial B. holding that a trial courts order that defendant not consult with his attorney during an overnight recess during trial violated the sixth amendment C. holding that a criminal defendant has a sixth amendment right to counsel at trial D. holding that an essential interest specific to the defendant is required to physically restrain a defendant during his trial E. holding that defendants sixth amendment right to trial by a jury was not violated by district courts reliance on his prior convictions for purposes of sentencing as career offender

assistant: The best answer is B. holding that a trial courts order that defendant not consult with his attorney during an overnight recess during trial violated the sixth amendment
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: benefits in the amount of his provable loss on the dwelling. We are compelled to reach that result regardless of the fact that Stauter quitclaimed her interest in the property to plaintiff before the fire. It is well settled that a policy’s standard mortgage clause constitutes a separate and distinct contract between a mortgagee and an insurance company for payment on the mortgage. Marketos v American Employers Ins Co, 240 Mich App 684, 692-693; 612 NW2d 848 (2000), citing Cole, supra at 55. Thus, even in cases where the mortgagee or land contract vendor has become the fee owner of the insured property through foreclosure or default on the land contract, the mortgagee or vendor is generally held to be entitled to coverage under a policy’s standard mortgage clause. Cole, supra at 55-56 (<HOLDING>); Capital Mortgage Corp v Michigan Basic Options: A. holding that a judgment lien does not at tach to a vendors interest in an executory land contract B. holding vendors right to receive payment under a land sale contract was personal property and a security interest representing that personal property right constituted realty paper and was subject to article 9 C. holding that the land contract vendor was entitled to fire insurance benefits when the fire occurred after a judgment for possession was obtained by the vendor pursuant to summary forfeiture proceedings D. holding that a judgment lien attaches to a vendors interest in an executory land contract E. holding that the land contract vendors were entitled to insurance benefits when before the fire that damaged the subject property the vendors obtained a judgment of forfeiture based on the vendees default on the land contract

assistant: The best answer is E. holding that the land contract vendors were entitled to insurance benefits when before the fire that damaged the subject property the vendors obtained a judgment of forfeiture based on the vendees default on the land contract
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: burden of ensuring that the final order complies with the requirements of Rule 37 and that the appellate record is sufficient for review. Preston, 759 S.W.2d at 650. The State argues that Defendant’s certified question of law did not identify “clearly the scope and limits of the legal issue reserved” as required by Rule 37(b)(2)(A)(ii). Although Defendant’s certified question would have benefitted from the incorporation of more fact-specific references, we hold the substance of the question nevertheless satisfies our jurisdictional requirements and that the issue of whether the State violated the anti-shuttling provisions of the IAD in light of Bozeman is properly before this Court. Cf. State v. Colzie, No. M1998-00253-CCA-R3-CD, 1999 WL 1074111, at *3 (Tenn.Crim.App. Nov. 30, 1999) (<HOLDING>); State v. Harris, 919 S.W.2d 619, 621 Options: A. holding that a certified question was sufficient when it was evident that the statement of the issue reflected the grounds for suppression that defendant asserted at the trial court even though it could have been more precisely drafted B. holding that when a court of appeals has jurisdiction on interlocutory appeal the scope of appellate review is not limited to the precise question certified by the district court because the district courts order not the certified question is brought before the court C. holding that when defendant failed to appear at scheduled suppression hearing the court could have decided the motion in defendants absence but it did not have the authority to refuse to consider it D. holding that trial counsel was not ineffective when he failed to introduce defendants prior consistent statement statement was not admissible because it was made after defendant had been arrested clearly not a time when the effect of the statement could not have been foreseen E. holding that where the district court decided two issues in the certified order but identified only the damages issue as the controlling question of law the court of appeals could nonetheless address the other issue

assistant: The best answer is A. holding that a certified question was sufficient when it was evident that the statement of the issue reflected the grounds for suppression that defendant asserted at the trial court even though it could have been more precisely drafted
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 if the person induced to travel is acting as an agent for the person defrauded, § 2314 is violated. We are persuaded by the government’s argument. Thomas concedes that the church and Pastor Holmes are victims of his scheme, as both lost money in his fraudulent investment program. However, an organization such as the church may act only through its employees and agents, Suez Equity Investors, L.P. v. Toronto-Dominion Bank, 250 F.3d 87, 101 (2d Cir.2001), and Mukes went to New York on behalf of the church. The Seventh and Ninth Circuits have held that when the interstate traveler is an agent of the “person” defrauded, whether the “person” is an entity or an individual, the victim has traveled for purposes of § 2314. United States v. Steffen, 251 F.3d 1273, 1276 (9th Cir.2001) (<HOLDING>); United States v. O’Connor, 874 F.2d 483, 488 Options: A. holding that the identity of a defrauded person under 18 usc 2814 is irrelevant and did not materially alter the complex of facts B. holding that attorneys claim for professional services against person sui juris or against property of such person must rest upon contract of employment express or implied made with person sought to be charged or with his agent C. holding that the person who travels as an agent of person defrauded is a victim D. holding that a person is seized when a reasonable person would have believed that he was not free to leave E. holding that burglary may qualify as offense against person if as committed it is in fact a crime against a person

assistant: The best answer is C. holding that the person who travels as an agent of person defrauded is a victim
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 and shall have no further force or effect as of the Expiration Date. Notwithstanding the foregoing, nothing set forth in this Section 10 or elsewhere in this Agreement shall relieve either party hereto from liability, or otherwise limit the liability of either party hereto, for any material breach of this Agreement.

assistant: Terminations
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: transferee will not be applied to good faith open market purchasers of claims. 77 . 11 U.S.C. § 510(c). 78 . See Noland, 517 U.S. at 539, 116 S.Ct. 1524. 79 . 124 Cong. Rec. 32398 (Rep.Edwards); id. at 33998 (Sen.DeConcini). The juxtaposition between the two clauses of this statement also highlights the focus on the holder in this context. According to the legislative history, die two circumstances where equitable subordination would be present are: (1) if the holder has acted inequitably, or (2) the claim itself is historically subject to subordination, such as penalties (i.e., punitive claims, which are generally disfavored as against claims for actual losses) or shareholder claims alleging fraud by the debtor. See, e.g., In re Stirling Homex Corp., 579 F.2d 206, 213 (2d Cir.1978) (<HOLDING>). The present appeal does not involve any Options: A. holding that the receiver for a corporation had no standing to sue for inter alia receipt of funds fraudulently obtained fraud and unjust enrichment even though he was appointed on behalf of all the creditors because those were claims of the creditors not of the corporation B. holding that classification of claims or interests must be reasonable and recognizing reasonableness of distinguishing trade creditors claims C. holding that a credible basis was established based on the shareholders claims D. holding that plaintiff could bring generalized civil claims even though administrative charge included only particularized claims since both complaints alleged age discrimination based on similar conduct E. holding that the claims of defrauded shareholders could be subordinated to the claims of general creditors even though both were presumably innocent

assistant: The best answer is E. holding that the claims of defrauded shareholders could be subordinated to the claims of general creditors even though both were presumably innocent
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: (citations omitted); see also Teleprompter Corp. v. NLRB, 570 F.2d 4, 9 n. 2 (1st Cir.1977). The Board affirmed this interpretation in 1991. See Ameron Pipe Prods., 305 N.L.R.B. 105, 109 n. 7 (1991) (“Although the [Supreme] Court limited its holding, the case has become widely accepted as establishing for all practical purposes such an 'automatic' rule.”). Harvstone, Teleprompter, and Ameron Pipe Products have never been overruled or criticized for using a simple, mechanical application of Truitt when a company asserts an inability to pay. Nevertheless, this court must adhere to the Supreme Court’s mandate and thus, should accord the relevant language appropriate deference. See Mesa Verde Constr. Co. v. N. Cal. Dist. Council of Laborers, 861 F.2d 1124, 1129-31 (9th Cir.1988) (en banc) (<HOLDING>). Moreover, those cases are out-of-circuit Options: A. holding that circuit court should defer to supreme courts interpretation of the act B. holding that a court must defer to an agencys reasonable interpretation of a statute even if the court might have preferred another C. holding that the ninth circuit is bound by the california supreme courts interpretation of california law D. holding that courts should defer to agencys interpretation of its own regulations if not plainly erroneous or inconsistent with the regulation E. holding that the ninth circuit erred by failing to defer to the bias reasonable interpretation of the ina

assistant: The best answer is A. holding that circuit court should defer to supreme courts interpretation of the act
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 later date.” Rule 609(b), Preliminary Draft, 1969 (emphasis supplied), available in Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure § 6131, n. 51 (1998). This rule was amended in 1972, however, and now states that a conviction is not admissible if more than ten years have elapsed since “release from confinement.” United States v. Daniel, 5th Cir., 957 F.2d 162, 168 (1992). The General Assembly’s adaption of the amended version of Rule 609(b) forecloses the interpretation of the Superior Court. See id; THK Amer., Inc. v. NSK, Ltd., N.D.Ill., 917 F.Supp. 563, 569 (1996). See also United States v. Lorenzo, 9th Cir., 43 F.3d 1303, 1307 (1995); United States v. Lopez, 5th Cir., 979 F.2d 1024 (1992), cert. denied, 508 U.S. 913, 113 S.Ct. 2349, 124 L.Ed.2d 258 (1993) (<HOLDING>). Cf. D.C.Code § 14-305 (containing language Options: A. holding that where a witness had been convicted seventeen years earlier but had been given probation and had not been confined the date of the conviction controlled B. holding the doctrine of forfeiture by wrongdoing inapplicable when a witness had been deported during the period of time the defendant had been a fugitive C. holding that a claim for surcharge had been plausibly stated even though the precise term had not been used D. holding the drivers license compact requires that the same effect be given to a conviction reported by a party state as the conviction would have been given had the licensee engaged in substantially similar conduct and been convicted of a substantially similar offense in pennsylvania E. holding that because the term conviction is ambiguous to lawyers judges and laymen the claimant did not commit misconduct when she wrote she had not been convicted of felony where adjudication had been withheld

assistant: The best answer is A. holding that where a witness had been convicted seventeen years earlier but had been given probation and had not been confined the date of the conviction controlled
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: During the Employment Term, the Company shall pay Executive a base salary (the “ Base Salary ”) at the annual rate of the equivalent of US$1,000,000 payable in pounds sterling (“ GBP ”), converted at an exchange rate equal to the average of the daily US$:GBP spot exchange rates published by the Bank of England on each day of September 2016. The Base Salary shall be payable in arrears, in accordance with the usual payment practices of the Company. Salary shall be inclusive of any sums receivable (and shall abate by any sums received) by the Executive as director’s fees from any Group Company or otherwise arising from any office, held by the Executive by virtue of his employment under this Agreement. Executive’s Base Salary shall be subject to periodic review by the Board, not less frequently than annually, for possible increase and any such increased rate will thereafter be the Base Salary for all purposes of this Agreement. Under no circumstances may the Base Salary be decreased during the Employment Term.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: conviction was substantially outweighed by the danger of undue prejudice. See Matthews, 431 F.3d at 1310-11. Scanes placed his knowledge and intent at issue by pleading not guilty. See id. at 1298, 1311 (concluding the defendant had placed his intent at issue by pleading not guilty to conspiracy to distribute cocaine). Scanes’s prior conviction for possession with intent to sell or deliver cocaine was probative of his state of mind in this case. Aside from the prior conviction, the only evidence of knowledge and intent presented by the government was the presence and amount of drugs found in the car Scanes was driving. Absent other evidence of Scanes’s state of mind, the prosecutorial need for the evidence was high. See United States v. Richardson, 764 F.2d 1514, 1523 (11th Cir.1985) (<HOLDING>). The age of Scanes’s prior conviction also Options: A. holding that a new trial is warranted if the evidence is merely material or favorable to the defense where the government has either 1 deliberately suppressed evidence or 2 ignored evidence of such high value that it could not have escaped its attention B. holding that evidence of specific uncharged drug trafficking offenses were not extrinsic to prosecution for conspiracy to possess and distribute cocaine where the events occurred within the time period of the alleged conspiracy and were demonstrative of the conspirators conduct C. recognizing where the government did not have overwhelming evidence of the defendants predisposition to possess or distribute cocaine or his knowledge about such matters the extrinsic evidence had a relatively high incremental value and was not easily excludable D. holding that simple possession of cocaine is not lesser included offense of conspiracy to possess cocaine with intent to distribute E. holding that error from the erroneous admission of evidence was harmless in light of the overwhelming evidence of the defendants guilt

assistant: The best answer is C. recognizing where the government did not have overwhelming evidence of the defendants predisposition to possess or distribute cocaine or his knowledge about such matters the extrinsic evidence had a relatively high incremental value and was not easily excludable
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: If Consultant, in the future, seeks or is offered employment, or any other position or capacity with another company or entity, Consultant agrees to inform each new employer or entity, before accepting employment, of the existence of the restrictions in Section IV . The Company shall be entitled to advise such person or subsequent employer of the provisions of Section IV and to otherwise deal with such person to ensure that the provisions of Section IV are enforced and duly discharged.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: Enterprises, Inc., 130 Misc.2d 25, 494 N.Y.S.2d 974 (N.Y.Sup. Ct.1985), reversed on other grounds, 117 A.D.2d 1015, 499 N.Y.S.2d 558 (granting summary judgment to tire and rim trade association on negligence claims predicated on promulgation of faulty product standards, because association neither owed nor voluntarily undertook a duty to plaintiff); Howard v. Poseidon Pools, Inc., 133 Misc.2d 50, 506 N.Y.S.2d 523 (N.Y.Sup.Ct.1986), affirmed in relevant part, 134 A.D.2d 926, 522 N.Y.S.2d 388 (N.Y.Ct.App.1987) (granting summary judgment to swimming pool trade association on negligence claims, even though association had published minimum safety standards, because it owed no duty to plaintiff or to control the manufacturer); Meyers v. Donnatacci, 220 N.J.Super. 73, 531 A.2d 398 (1987) (<HOLDING>); Friedman v. F.E. Myers Co., 706 F.Supp. 376 Options: A. holding that by promulgating safety standards for residential inground swimming pools a trade association did not assume a duty to warn consumers of the danger of shallow diving B. holding that the defendant trade association which did not manufacture sell distribute design test conduct safety research on or set standards for the product could not be held to have owed a duty to the plaintiff C. holding that if a user actually knows of the danger a failure to warn cannot be a proximate cause of the injury D. holding trade association voluntarily assumed the duty to warn because manufacturers relied upon assurances E. holding that asserted failure to warn of danger in offshore swimming area does not implicate any social economic or political policy judgments with which the discretionary function exception properly is concerned

assistant: The best answer is A. holding that by promulgating safety standards for residential inground swimming pools a trade association did not assume a duty to warn consumers of the danger of shallow diving
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 Lenders and the Agents shall have received all fees required to be paid, and all expenses for which reasonably detailed invoices have been presented (including the reasonable fees and expenses of legal counsel to the Administrative Agent and Multicurrency Administrative Agent), on or before one Business Day prior to the Second Amendment Effective Date.

assistant: Fees
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 Guaranty together with the Guaranty and the Environmental Indemnity signed by the Guarantor for the benefit of Agent supersedes any prior negotiations, discussions or communications among Guarantor, Agent and constitutes the entire agreement among Guarantor, Agent with respect to Guarantor’s obligations in connection with the Loan. No course of dealing or parole evidence shall be used to modify or supplement the express terms of this Guaranty.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: amazon makes no representations or warranties of any kind , express or implied , as to the operation of the amazon services , or the information , content , materials , products ( including software ) or other services included on or otherwise made available to you through the amazon services , unless otherwise specified in writing .

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The rights, powers and remedies of Bank under the Loan Documents are cumulative and in addition to all rights, powers and remedies provided under any and all agreements among Borrower and Bank relating hereto, at law, in equity or otherwise. Any delay or failure by Bank to exercise any right, power or remedy shall not constitute a waiver thereof by Bank, and no single or partial exercise by Bank of any right, power or remedy shall preclude other or further exercise thereof or any exercise of any other rights, powers or remedies.

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 legal provision and list the applicable contract clause categories. Provision: All covenants, agreements, representations and warranties made by the Loan Parties in this Agreement and the other Loan Documents and in the certificates or other instruments delivered in connection with or pursuant to this Agreement or any other Loan Document shall be considered to have been relied upon by the other parties hereto and shall survive the execution and delivery of this Agreement and the other Loan Documents and the making of any Loans, regardless of any investigation made by any such other party or on its behalf and notwithstanding that the Administrative Agent, the Arranger, any Lender or any Affiliate of any of the foregoing may have had notice or knowledge of any Default or incorrect representation or warranty at the time this Agreement or any other Loan Document is executed and delivered or any credit is extended hereunder, and shall continue in full force and effect as long as the principal of or any accrued interest on any Loan or any fee or any other amount payable under this Agreement is outstanding and unpaid and so long as the Commitments have not expired or terminated. The provisions of Sections 2.15 , 2.16 , 2.17 , 2.18(e) and 9.03 and Article VIII shall survive and remain in full force and effect regardless of the consummation of the transactions contemplated hereby, the repayment of the Loans, the expiration or termination of the Commitments or the termination of this Agreement or any provision hereof.

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: applicability of the Edwards rule to apply to interrogative conduct by a non-law enforcement commander; see United States v. Brabant, 29 M.J. 259, 263 (C.M.A.1989) (concluding that Sergeant Brabant’s commanding officer’s order that Sgt Brabant attend a meeting following his invocation of counsel created the "functional equivalent of a ‘reinitiation of interrogation’”); see also United States v. Mitchell, 51 M.J. 234, 237 (C.A.A.F.1999) (extending applicability of Edwards to question, "Was it worth it” by Petty Officer Mitchell’s leading chief petty officer who was there as part of official command brig visit). The CMA has also created an overseas exception to the Edwards rule. United States v. Vidal, 23 M.J. 319 (C.M.A.1987); see United States v. Coleman, 26 M.J. 451, 453 (C.M.A.1988) (<HOLDING>). 10 . Upon remand, the U.S. Army Court of Options: A. holding that an ambiguous mention of an attorney is not a request for counsel B. holding suspect must unambiguously request counsel before applying rule established in edwards that police questioning must cease once suspect requests counsel during interview C. holding that in determining whether there exists a valid waiver of the right to counsel in the criminal setting the court may consider a defendants lack of good faith in working with appointed counsel including an unreasonable refusal to cooperate with counsel or an unreasonable request for substitution of appointed counsel and the timeliness of defendants request for new counsel particularly when a defendant makes an untimely request for new counsel under circumstances which are likely to result in a continuance D. holding that a suspect must unambiguously request counsel E. holding that a request for counsel made to foreign authorities is insufficient to trigger edwards rule even if army cid agents were aware of specialist colemans prior request for counsel made to german police

assistant: The best answer is E. holding that a request for counsel made to foreign authorities is insufficient to trigger edwards rule even if army cid agents were aware of specialist colemans prior request for counsel made to german police
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: • interferes with or in any way disrupts the spotify service , tampers with , breaches , or attempts to probe , scan , or test for vulnerabilities in the service or spotify 's computer systems , network , usage rules , or any of spotify 's security components , authentication measures or any other protection measures applicable to the service , the content or any part thereof ; or

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: Unless earlier terminated as provided herein, the Executive’s employment under this Agreement shall commence on the date hereof and be for a term of three years (the “Term”). At the end of each day of the Term, the Term shall be extended for an additional day so that the remaining term shall continue to be three years (unless earlier terminated as provided in Section 4); provided that the Executive or the Employer may at any time, by written notice, fix the Term to a finite term of three years commencing with the date of the notice, in which case the Agreement shall continue through its remaining term but shall not be extended absent written agreement by both the Employer and the Executive.

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: The Company will indemnify and hold Employee harmless for acts and omissions in Employee's capacity as an officer, director or employee of the Company or LTLLC to the maximum extent permitted under applicable law; provided however that neither the Company Group, nor any of its subsidiaries or affiliates will indemnify Employee for any losses incurred by Employee as a result of acts that would constitute Cause under Section 1(c) of this Agreement. This Section 9 will survive the termination or expiration of Employee's employment with LTLLC and, as applicable, will be fully enforceable thereafter in accordance with the terms of this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: THIS AGREEMENT WILL BE GOVERNED BY, CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF NEVADA, 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 AGREEMENT (I) HAS A REASONABLE NEXUS TO EACH OF THE PARTIES AND TO THE TRANSACTIONS CONTEMPLATED BY THE AGREEMENT; 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 legal provision and list the applicable contract clause categories. Provision: All interest and fees chargeable under the Loan Documents shall be calculated on the basis of a 360 day year, in each case, for the actual number of days elapsed in the period during which the interest or fees accrue (or, in the case of interest in respect of Loans denominated in Alternative Currencies as to which market practice differs from the foregoing, in accordance with such market practice), except that interest computed for (a) Base Rate Loans when the Base Rate is based on Wells Fargo’s prime rate and (b) LIBOR Rate Loans denominated in Sterling shall be computed on the basis of a year of 365 days (or 366 days in a leap year). Interest shall accrue on each outstanding Loan beginning, and including the day, such Loan is made and until (but not including) the day on which such Loan (or such portion thereof) is paid, provided that any Loan that is repaid on the same day on which it is made shall, subject to Section 2.17(a) , bear interest for one day. Each determination by Agent of an interest rate or fee hereunder shall be conclusive and binding for all purposes, absent manifest error.

assistant: Fees
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 notices required or permitted hereunder shall be in writing and deemed effectively given upon personal delivery or five days after delivery to a United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party hereto at the address shown beneath his or its respective signature to this Agreement, or at such other address or addresses as either party shall designate to the other in accordance with this paragraph (d).

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: repairs totaling $30,027.63 were necessary to make the appraisal value accurate were credible by a preponderance of the evidence." While a reevaluation of the value of the repairs and the use of an adjusted amount would not necessarily have been an abuse of discretion, we are unable to determine if the new figure was based on a reevaluation or a transcription error based on the language of the order. We remand this issue for clarification. v. CONCLUSION We AFFIRM the judgment below in all but three aspects, which we REMAND to the trial court for further proceedings to det that tort damages are separate property except where intended to replace pre-divorce lost earnings). 14 . 68 P.3d 1232 (Alaska 2003). 15 . Id. at 1235. 16 . See Hansen v. Hansen, 119 P.3d 1005, 1013 (Alaska 2005) (<HOLDING>). 17 . See id.; see also Abood, 119 P.3d at Options: A. holding that separate property may become marital property if spouse donates it to marital unit with intent at time of donation that property become marital B. holding that circuit court erred in failing to consider that marital property in the form of marital earnings was used to pay debt against nonmarital property C. holding that assets acquired subsequent to separation are not considered marital property absent evidence that spouse used marital property to obtain them D. holding that the trial court erred in finding that marital property was the former wifes separate property based on a nonseparation agreement in which the former husband purported to relinquish any interest in the marital property E. holding that separate property valued at 45000 was transmuted to marital property when improved by 3800 of marital property

assistant: The best answer is A. holding that separate property may become marital property if spouse donates it to marital unit with intent at time of donation that property become marital
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: foregoing cases are not sole-shareholder cases, they state the premise that the corporation is liable for the acts of one entrusted with the control of the company policy if the act was in the execution of a corporate function. Conversely, the corporation is not liable if the employee’s act is unrelated to any corporate purpose. Newer cases reflect the concept that by giving one powers of management, the corporation “must be held to have invested him with authority to make decisions for it, when necessary, in connection with the performance of those duties. When made, the [employee’s] judgment becomes the judgment of the defendant.” Panjwani v. Star Service & Petroleum Company, 395 SW2d 129, 132 (Mo 1965) (quoting Bova v. St. Louis Public Service Co., 316 SW2d 140, 144 (Mo App 1958) (<HOLDING>). Cornell v. Albuquerque Chemical Co., Inc., 92 Options: A. holding that the plaintiffs customer list was not a trade secret in part because there was no evidence that by the nature of the plaintiffs business extraordinary effort was involved in compiling the customer list B. holding that murder committed by customer was not foreseeable result of excessive sale of alcohol to customer C. holding corporation vicariously liable for assault on customer by assistant manager as customer was engaged in trying to settle a controversy concerning a portion of defendants business D. holding a store vicariously liable for wrongful death when its employee shot and killed a customer E. holding that arbitration clause which was included with product mailed to customer and with proviso that customer could return product within 30 days was binding on customer who did not return computer

assistant: The best answer is C. holding corporation vicariously liable for assault on customer by assistant manager as customer was engaged in trying to settle a controversy concerning a portion of defendants business
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 representations and warranties, agreements and covenants contained herein shall survive the Closing until the Maturity Date (as defined in the Notes). The provisions of Section 6.2 and 6.4 shall survive termination of this Agreement and repayment of the Notes.

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 legal provision and list the applicable contract clause categories. Provision: Executive understands and agrees that as of the Transition Period Commencement Date he shall not make any false, disparaging or derogatory statements to any media outlet, industry group, financial institution or current or former employee, consultant, client, customer of the Company or other person or entity regarding the Company or any of its directors, officers, employees, agents or representatives or about the Company’s business affairs and financial condition. The Company agrees as of the Transition Period Commencement Date to refrain from making any disparaging statements about Executive. Executive understands that the Company’s obligations under this paragraph extend only to the Company’s current executive officers and members of its Board of Directors and only for so long as each officer or member is an employee or director of the Company.

assistant: Non-Disparagement