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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company shall be entitled to terminate this Agreement, if the Board determines that the Executive has been unable to attend to his duties for at least one-hundred and twenty (120) consecutive days because of a medically diagnosable physical or mental condition, and has received a written opinion from a physician acceptable to the Board that such condition prevents the Executive from resuming full performance of his duties at such time and during the succeeding 120 consecutive days or is likely to continue for an indefinite period (any such condition, a “ Disability ”). If the Company terminates this Agreement due to Executive’s Disability, the Executive shall be entitled to receive the Accrued Compensation and any disability benefits payable pursuant to any long-term disability plan or other disability program or insurance policies maintained or provided by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: been an uncontrolled taxpayer dealing at arm’s length with another uncontrolled taxpayer.” Ruddick Corp. v. United States, 226 Ct.Cl. 426, 643 F.2d 747, 750 (1981) (quoting Treas.Reg. § 1.482-l(c)) (emphasis omitted). Even if plaintiff inadvertently treated its parent in a non-arm’s length manner, section 482 applies. Section 482 in the Internal Revenue Code is the specific provision that may be used to adjust the prices at which goods and services are transferred between entities owned or controlled by the same interests. It is a well-recognized rule of statutory construction that a specific provision controls when the same subject matter is addressed by a more general provision. See Bulova Watch Co. v. United States, 365 U.S. 753, 758, 81 S.Ct. 864, 867-68, 6 L.Ed.2d 72 (1961) (<HOLDING>); Norman J. Singer, Sutherland Statutory Options: A. holding that in a proceeding to recover taxes from a nonbankrupt taxpayer the taxpayer has the burden of proving that his taxes complied with the internal revenue code B. holding wills more specific provision prevails over general provision C. recognizing that the statute of limitations provision of the aedpa is an affirmative defenses rather than jurisdictional D. holding that interest accruing on an overpayment of taxes attributable to an unused excess profits credit carryback was governed by a specific provision of the internal revenue code rather than by a general provision E. holding that general obligation to pay money under a disputed provision of the tax code was not a taking

assistant: The best answer is D. holding that interest accruing on an overpayment of taxes attributable to an unused excess profits credit carryback was governed by a specific provision of the internal revenue code rather than by a general provision
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Executive acknowledges and agrees that each of the Protective Covenants is reasonable and valid in time and scope and in all other respects and is no greater than necessary to protect Pier 1 Imports’ legitimate business interests. The parties agree that it is their intention that the Protective Covenants be enforced in accordance with their terms to the maximum extent permitted by law. Each of the Protective Covenants shall be considered and construed as a separate and independent covenant. Should any part or provision of any of the Protective Covenants be held invalid, void, or unenforceable, such invalidity, voidness, or unenforceability shall not render invalid, void, or unenforceable any other part or provision of this Agreement or such Protective Covenant. If any of the provisions of the Protective Covenants should ever be held by a court of competent jurisdiction to exceed the scope permitted by the applicable law, such provision or provisions shall be automatically modified to such lesser scope as such court may deem just and proper for the reasonable protection of Pier 1 Imports’ legitimate business interests and may be enforced by Pier 1 Imports to that extent in the manner described above and all other provisions of this Agreement shall be valid and enforceable.

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: Subject matter jurisdiction, which is “an inflexible matter that must be considered before proceeding to evaluate the merits of a case,” Matthews, 72 Fed.Cl. at 278, may be challenged at any time by the parties, by the court sua sponte, or on appeal, Folden v. United States, 379 F.3d 1344, 1354 (Fed.Cir.2004). When considering an RCFC 12(b)(1) motion, the burden of establishing the court’s subject matter jurisdiction resides with the party seeking to invoke it. McNutt v. Gen. Motors Acceptance Corp. of Ind., 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936). The court “consider[s] the facts alleged in the complaint to be true and correct.” Reynolds v. Army & Air Force Exch. Serv., 846 F.2d 746, 747 (Fed.Cir.1988); see also Henke v. United States, 60 F.3d 795, 797 (Fed.Cir.1995) (<HOLDING>); cf. Betz v. United States, 40 Fed.Cl. 286, Options: A. holding court obligated to draw all reasonable inferences in plaintiffs favor B. recognizing the courts obligation to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor C. holding that courts are obligated to draw all reasonable inferences in plaintiffs favor D. holding that for purposes of a class certification motion the court must accept as true all factual allegations in the complaint and may draw reasonable inferences therefrom E. holding courts are obligated to draw all reasonable inferences in plaintiffs favor

assistant: The best answer is B. recognizing the courts obligation to assume all factual allegations to be true and to draw all reasonable inferences in plaintiffs favor
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: did not intend to fashion a minefield out of the provisions of the Bankruptcy Code. In fact, the legislative history mentions the provision only in passing, offering as an example of compliance that the debtor meet the disclosure requirements of § 1125 to satisfy § 1129(a)(2). Certainly, if Congress had meant that any infraction, no matter how early on in the case, no matter how minor the breach, and regardless of whether the court has remedied the violations, should result in a denial of confirmation, Congress would have given some clearer indication in the legislative history or made the statutory provision far more express. In re Landing Assocs., Ltd., 157 B.R. 791, 811 (Bankr.W.D.Tex.1993); see also In re Heritage Organization, L.L.C., 375 B.R. 230, 309 (Bankr.N.D.Tex.2007) (<HOLDING>). Bankruptcy courts limit their inquiry under § Options: A. holding that the debtors negotiations with a creditor to include certain modifications in the plan in exchange for acceptance did not preclude confirmation under 1129a2 B. holding that order denying confirmation of plan became final when upon being notified that the debtors did not intend to seek confirmation of an alternate plan the court dismissed their case C. holding in the instant case although creditor obtained relief from the automatic stay it failed to object or appeal from the confirmation order accordingly creditor is bound by the confirmation order D. recognizing that when a creditor does not receive adequate notice the creditor is not bound by the confirmation order E. holding that provision in chapter 13 plan discharging postpetition interest on a student loan is binding on creditor under theory of res judicata where objection was not raised prior to plan confirmation and confirmation order was not appealed

assistant: The best answer is A. holding that the debtors negotiations with a creditor to include certain modifications in the plan in exchange for acceptance did not preclude confirmation under 1129a2
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: findings regarding the prior convictions, and he did not dispute the factual basis for the district court’s conclusions that he was a career offender. Accordingly, Lattimore’s assertion that his career offender enhancement violated the Sixth Amendment is without merit. See Collins, 412 F.3d at 523 (<HOLDING>). Lattimore also challenges various other Options: A. holding that where defendant did not dispute any facts supporting the career offender status in district court there is no constitutional violation in relying on defendants prior convictions B. holding that reduced career offender status was nonetheless based the career offender guidelines C. holding that application of career offender enhancement falls within exception for prior convictions where facts are undisputed making it unnecessary for district court to engage in further fact finding about prior convictions D. holding that the career offender guideline could not directly apply when there was an unsentenced conviction but allowing the district court on remand to consider departing from the guidelines in order to sentence a defendant whose conduct delayed his convictions as if the career offender provision applied 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 A. holding that where defendant did not dispute any facts supporting the career offender status in district court there is no constitutional violation in relying on defendants prior convictions
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 Issuer and its Subsidiaries and each other Person for whose taxes the Issuer or any of its Subsidiaries could become liable have timely filed or caused to be filed all Federal income tax returns and all other material tax returns that are required to be filed by them, and have paid all taxes shown to be due and payable on such returns or on any assessments made against it or its property and all other taxes, fees or other charges imposed on it or any of its property by any Governmental Authority, except where the same are currently being contested in good faith by appropriate proceedings and for which the Issuer or such Subsidiary, as the case may be, has set aside on its books adequate reserves in accordance with GAAP. The charges, accruals and reserves on the books of the Issuer and its Subsidiaries in respect of such taxes are adequate, and no tax liabilities that could be materially in excess of the amount so provided are anticipated.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: their administrative inspection of the salvage yard, another stolen vehicle was being driven off the premises by the owner’s nephew. See id. There was one, and possibly two, suspicious motorcycle frames very near Johnson’s toolbox. See id. The toolbox was large enough to contain license plates and VIN plates. See id. Thus, the officers had at least a reasonable suspicion that the toolbox might contain something relevant to their administrative search and accordingly did not exceed what is permissible under the administrative-inspection statutes when they searched Johnson’s toolbox. See id. Furthermore, the Tenth Circuit stated that the fact that the toolbox was locked did not place it off limits from inspection. See id.; United States v. Biswell, 406 U.S. at 317, 92 S.Ct. 1593 (<HOLDING>). The Tenth Circuit did not directly address Options: A. holding that officers executing warrantless search under the authority of an administrative inspection statute were entitled to demand that gun dealer unlock storeroom B. holding that officers executing a search warrant for contraband have the authority to detain the occupants of the premises while a proper search is conducted C. holding that officers may detain the occupants of a vehicle while executing a search warrant D. holding that the discovery of evidence of crimes in the course of an otherwise proper administrative inspection does not render that search illegal or the administrative scheme suspect E. holding that officers may detain the occupants of a house while executing a search warrant

assistant: The best answer is A. holding that officers executing warrantless search under the authority of an administrative inspection statute were entitled to demand that gun dealer unlock storeroom
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: warrant relief from judgment. In Pacific Far East, the law was clarified after judgment to show that the bankrupt had paid an erroneously high fee. The court relied on two factors to permit relief in the form of a partial refund. First, the parties could not appeal, so a post-judgment motion was the only means to obtain relief. Second, the judgment from which the movant sought relief had been based on a stipulation by the parties. Thus, the contract law principle of "mutual mistake” applied. Claimant in this case does not point to a similar legal or equitable reason to grant relief. 5 . One might argue that claimant should have brought this motion when the cases on which $405k relied were decided. Austin v. United States, 509 U.S. 602, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993) (<HOLDING>); United States v. Halper, 490 U.S. 435, 109 Options: A. holding that 545 entitles the government to civil forfeiture of certain funds subject to the eighth amendment B. holding the sixth amendment applicable to the states through the fourteenth amendment C. holding eighth amendment applicable to civil forfeitures and cited as controlling in 405k D. holding that forfeitures may violate the eighth amendment excessive fines clause E. holding that the seventh circuit continues to adhere to the view that the eighth amendment does not apply to civil in rem actions

assistant: The best answer is C. holding eighth amendment applicable to civil forfeitures and cited as controlling in 405k
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Each Lender hereby designates and appoints Bank of America as its Agent under this Agreement and the other Loan Documents and each Lender hereby irrevocably authorizes Agent to take such action on its behalf under the provisions of this Agreement and each other Loan Document and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto. Agent agrees to act as such on the express conditions contained in this Section Twelve . The provisions of this Section Twelve are solely for the benefit of Agent and Lenders, and Borrower shall have no rights as a third party beneficiary of any of the provisions contained herein. Notwithstanding any provision to the contrary contained elsewhere in this Agreement or in any other Loan Document, Agent shall not have any duties or responsibilities to Lenders, except those expressly set forth herein, nor shall Agent have or be deemed to have any fiduciary relationship with any Lender, and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or any other Loan Document or otherwise exist against Agent. Without limiting the generality of the foregoing sentence, the use of the term “agent” in this Agreement with reference to Agent is not intended to connote any fiduciary or other implied (or express) obligations arising under agency doctrine of any applicable law. Instead, such term is used merely as a matter of market custom, and is intended to create or reflect only an administrative relationship between independent contracting parties. Except as expressly otherwise provided in this Agreement, Agent shall have and may use its sole discretion with respect to exercising or refraining from exercising any discretionary rights or taking or refraining from taking any actions which Agent is expressly entitled to take or assert under this Agreement and the other Loan Documents, including (a) the determination of the applicability of ineligibility criteria with respect to the calculation of the Availability, (b) the making of Agent Advances pursuant to Section 2.2(i) , and (c) the exercise of remedies pursuant to Section 10.2 , and any action so taken or not taken shall be deemed consented to by Lenders.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: No Loan Party and no Subsidiary of any Loan Party is in default under or with respect to any Contractual Obligation in any respect which, individually or together with all such defaults, would reasonably be expected to have a Material Adverse Effect.

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 case excerpt and choose the best holding from the options. Case excerpt: for a judgment on the merits, the City will have completed a renovation project that will eliminate the pollution discharge problems.” Id. The Sixth Circuit rejected this argument. It held that “even if the renovation project made it reasonably likely that the discharge violations would not recur, this hypothetical situation tells us nothing about the likelihood that the defendants’ violations of the monitoring of the reporting requirements of the discharge permit would recur.” Id. at 543-44 (emphasis in original). The Sixth Circuit’s focus on continued monitor ing and reporting violations also shows the reasonableness of American Canoe’s persistence in this case after 2004. Thus the ultimate question is whether American Canoe’s approach was reasonable. Thurman, 90 F.3d at 1169 (<HOLDING>). In light of the defense tactics that Louisa Options: A. holding that the legislative history of the idea indicates that this attorneys fees provision should be interpreted in accordance with hensley v eckerhart B. recognizing that an appeal filed within 30 days of the entry of an order awarding attorney fees was timely filed as to the issue of attorney fees C. holding that order awarding attorney fees in amount to be determined at later date was not final appealable order D. holding that a court has broad discretion in awarding attorney fees under the eaja but is not required to make an award in all cases where a party seeks supplemental or increased fees E. holding that reasonableness is the overarching consideration when awarding attorney fees citing hensley 461 us at 435 103 sct 1933

assistant: The best answer is E. holding that reasonableness is the overarching consideration when awarding attorney fees citing hensley 461 us at 435 103 sct 1933
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 therein that it did not wish to “suggest, of course, that an employer can avoid his responsibilities by delegating discriminatory programs to corporate shells. Title VII applies to ‘any agent’ of a covered employer .... ” 435 U.S. at 718 n.33, 98 S.Ct. at 1380 n.33. Finally our conclusion here is in accord with that of a number of other courts. These courts have recognized that exempting plans not actually administered by an employer would seriously impair the effectiveness of Title VII, and have held Manhart applicable to pension plans run by third-party insurers. See Norris v. Arizona Governing Committee for Tax Deferred Annuity, 671 F.2d 330 (9th Cir. 1982), cert. pet. filed, Docket No. 82-52 (U.S.L.W. July 27, 1982); EEOC v. Colby College, 589 F.2d 1139, 1141 (1st Cir. 1978) (<HOLDING>); EEOC v. Wooster Brush Co., 523 F.Supp. 1256, Options: A. holding tiaacref subject to title vii B. holding that title vii claim was subject to compulsory arbitration C. holding claims based on title vii subject to arbitration D. holding title vii subject to equitable tolling E. holding that a title vii plaintiff could not hold coworkers liable in their individual capacities under title vii

assistant: The best answer is A. holding tiaacref subject to title vii
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: by many bankruptcy courts that a debtor’s “disposable income” calculation on Form 22C is a starting point for determining the debtor’s “projected disposable income,” but that the final calculation can take into consideration changes that have occurred in the debtor’s financial circumstances as well as the debtor’s actual income and expenses as reported on Schedules I and J. See In re Kibbe, 361 B.R. 302, 314-15 (B.A.P. 1st Cir.2007) (per curiam) (Form 22C is the starting point for determination of “projected disposable income,” but if material changes have occurred, bankruptcy court can look at other information to make fact-based determination of debtor’s projected disposable income); In re Lan-ning, 380 B.R. 17, 24-25 (B.A.P. 10th Cir. 2007) (same); Slusher, 359 B.R. at 299-300 (<HOLDING>); In re Pak, 357 B.R. 549, 552 Options: A. holding that a debtors disposable income as calculated under 11 usc 1325b2 is not the same as a debtors projected disposable income but that it can be used as the presumptive projected disposable income B. holding that the statement of current monthly income was the presumptive amount of projected disposable income but presumption could be rebutted by the debt or upon a showing of substantial change of circumstances C. recognizing the applicable commitment period requirement as temporal but only applicable to a debtor with projected disposable income D. holding that for abovemedian income debtors projected disposable income calculated on form b22c is the starting point but not the ending point in determining debtors correct minimum obligation and both income and expenses must be determined as of date of confirmation E. holding that projected disposable income for abovemedian debtors is disposable income as defined by 1325b

assistant: The best answer is A. holding that a debtors disposable income as calculated under 11 usc 1325b2 is not the same as a debtors projected disposable income but that it can be used as the presumptive projected disposable income
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 Securities, the Guarantees and the Indenture conform and will conform, in all material respects, to the respective statements relating thereto contained in the Preliminary Offering Memorandum, the General Disclosure Package and the Offering Memorandum.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: than that they be given such a trial. Its impairment, ipso facto, brings the court, and administrative bodies as well, into public disrepute, and destroys the esteem and confidence which they have enjoyed so generally. Time and experience have demonstrated that the public, as well as litigants, will tolerate the honest mistakes of those who pass judgment, but not the biased acts of those who would deprive litigants of a fair and impartial trial. Foremost among the responsibilities imposed upon a reviewing court, is to make sure that this foundation of our Judicial system be not undermined. Fallon, 441 P.2d 822, 329 (citing Inland Steel Co. v. Nat'l Labor Relations Bd., 109 F.2d 9, 20 (7th Cir.1940)). Devous, 845 P.2d at 417. See also, Painter v. Abels, 998 P.2d 931, 938 (Wyo.2000) (<HOLDING>). [142] In Ririe we discussed the statutory and Options: A. holding djue process requires that an agency provide a fair trial without the appearance of bias or prejudice B. holding that prejudice requires that the difference in sentencing be significant C. holding that an assertion of prejudice is not a showing of prejudice D. holding that a petitioner must show prejudice in order to prevail on a claim that he or she was denied a full and fair hearing in violation of due process E. holding that an indigent defendant cannot have a fair trial without being provided counsel

assistant: The best answer is A. holding djue process requires that an agency provide a fair trial without the appearance of bias or prejudice
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 Executive shall be entitled to five (5) weeks of paid vacation time per year and three (3) paid personal days per year, in accordance with the plans, practices, policies, and programs agreed to by Company, which shall be pro-rated for 2017 from the Effective Date through the end of the fiscal year.

assistant: Vacations
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: by using our services , you agree , represent and warrant that you have received consent from your physician to participate in wellness and fitness programs , workouts , exercises or any of the related activities made available to you in connection with the services .

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: You are entitled to resign your employment for any reason. Additionally, the Company is entitled to terminate your employment for any reason, with or without Cause (as defined below). If, prior to December 31, 2016, your employment ends due to your death or disability, or you resign for any reason, or the Company terminates your employment without Cause, then you will be paid for any unpaid salary, commissions and vacation accrued through your Separation Date. In addition, if the Company terminates your employment without Cause, then you will also (a) receive a lump sum payment equal to the salary you would have earned had you remained employed through December 31, 2016 (the “Severance”) , and (b) remain eligible for the separation benefit set forth in Section 4 below, subject to the terms and conditions set forth therein. If the Company terminates your employment with Cause, your employment will end immediately and you will not receive any further compensation or benefits from the Company (including the Severance and the separation benefit set forth in Section 4 below), except for any unpaid salary, commissions and vacation accrued through your Separation Date. For purposes of this Agreement, “Cause” for termination of your employment will mean any of the following: (i) your failure to substantially perform your duties and responsibilities to the Company or violation of a Company policy; (ii) your commission of any act of fraud, embezzlement, dishonesty or any other willful misconduct that has caused or is reasonably expected to result in injury to the Company; (iii) unauthorized use or disclosure by you of any proprietary information or trade secrets of the Company or any other party to whom you owe an obligation of nondisclosure as a result of your relationship with the Company; or (iv) your willful breach of any of your obligations under any written agreement with the Company. If you become eligible for the Severance, you must execute the Separation Date Release attached hereto as Exhibit A on the Separation Date, and allow such release to become effective, as a precondition to receipt of the Severance. The Severance, if paid, would be paid on the 30 th day after the Separation Date, and would be subject to legal and normal withholdings and deductions.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: subject to these terms , you will be responsible and liable to us for all actions , claims , proceedings , costs , damages , losses and expenses ( including , without limitation , legal fees ) incurred by us or our group , and each of our officers , directors , employees and agents , arising out of , or in any way connected with , your use of the skyscanner services and/or skyscanner platforms or breach of these 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: Except as otherwise provided, all notices given under this Agreement shall be in writing and shall be deemed to have been duly given upon receipt if delivered by hand or facsimile transmission with receipt confirmed, three days after mailing by certified or registered mail, and one day after sending by overnight courier, to the parties’ respective address indicated on the signature page of this Agreement or such other address as a party specifies in writing to the other party. All notices given to HSI under this Agreement shall be sent with a copy to Henry Schein, Inc., 135 Duryea Road, Melville, New York 11747, Attn: General Counsel, Fax (631) 843-5660 and all notices given to Supplier under this Agreement shall be sent with a copy (which shall not constitute notice) to Martin Siegel, Esq., 437 Madison Avenue, New York, NY 1002, Fax (212) 754-0330.

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: the provisions of s. 440.41.” Section 440.41, Florida Statutes (2008), entitled "Substitution of carrier for employer,” explains that the insurance carrier is liable for the obligations and duties that chapter 440, Florida Statutes (2008), imposes upon the employer. One such obligation and duty that, therefore, must be included in the insurance policy is attorney's fees under section 440.34. See Fla. Ins. Guar. Ass’n v. Gustinger, 390 So.2d 420, 421 (Fla. 3d DCA 1980) (stating that a section 440.34 attorney’s fee award was a covered claim ”[s]ince the workmen’s compensation policy issued by [the carrier] to [the employer] obviously insured against the employer’s responsibility to pay the claimant’s attorney’s fees”); Dilme v. SBP Service, Inc., 649 So.2d 934, 935 (Fla. 1st DCA 1995) (<HOLDING>); What An Idea, Inc. v. Sitko, 505 So.2d 497, Options: A. holding that rule 6e did not extend the period in which a workers compensation carrier was required to pay a compensation award under the longshore and harbor workers compensation act where the act required payment within ten days of filing of the order as opposed to within ten days of service of notice provided for in the rule B. holding that in order for claim to be within scope of coverage of title insurance policy it must be specifically provided for C. holding that all employee actions against employers for workrelated injuries based on any degree of negligence are within exclusive coverage of workers compensation law and may not be maintained under common law D. holding a section 44034 fee award to be within the coverage of the employers workers compensation insurance policy E. holding that the plaintiffs asserted legal basis for coverage is irrelevant to the determination of whether the insurance policy provides coverage and instead looking to the facts underlying the claim for coverage

assistant: The best answer is D. holding a section 44034 fee award to be within the coverage of the employers workers compensation insurance policy
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: Immediately after the consummation of the Transactions (a) the fair value of the assets of each Loan Party at a fair valuation will exceed its debts and liabilities, subordinated, contingent or otherwise; (b) the present fair saleable value of the property of each Loan Party will be greater than the amount that will be required to pay the probable liability of its debts and other liabilities, subordinated, contingent or otherwise, as such debts and other liabilities become absolute and matured, considering all financing alternatives and potential asset sales reasonably available to such Loan Party; (c) each Loan Party will be able to pay its debts and liabilities, subordinated, contingent or otherwise, as such debts and liabilities become absolute and matured, considering all financing alternatives and potential asset sales reasonably available to such Loan Party; and (d) each Loan Party will not have unreasonably small capital with which to conduct the business in which it is engaged as such business is now conducted and is proposed to be conducted following the Seventh Amendment and Restatement Effective Date.

assistant: Solvency
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: question, evidence of a general type long considered by sentencing authorities.” Id. at 824, 111 S.Ct. 2597. {37} Clark urges this Court to continue to follow Booth v. Maryland, 482 U.S. 496, 107 S.Ct. 2529, 96 L.Ed.2d 440 (1987), despite the fact that the Supreme Court overruled Booth in Payne, 501 U.S. at 830, 111 S.Ct. 2597. Although we were bound by Booth’s restriction on victim impact evidence in Clark, 108 N.M. at 298-300, 772 P.2d at 332-34, we agree with Clark that the decision to admit or restrict this type of evidence now rests with the states, because the Supreme Court in Payne concluded that such evidence, brief and narrowly presented, does not violate the prohibition against cruel and unusual punishment 3 L.Ed.2d 215 (1999); State v. Bernard, 608 So.2d 966, 971 (La.1992) (<HOLDING>); People v. Edwards, 54 Cal.3d 787, 1 Options: A. holding that the effects of the victims deaths upon the families is part of the circumstances of the crime and is properly presented to the jury at the penalty phase B. holding that a victim impact aggravator was not unconstitutionally vague because it directed the jury to consider inter alia the effect of the crime on the victims family C. holding that the improper admission of hearsay testimony of two witnesses that confirmed but did not elaborate upon the victims testimony would have had only minor impact on the jury because there was little to undermine the victims credibility D. holding that the impact upon the victims is relevant to circumstances of the crime E. holding counsel must only provide relevant facts of the crime

assistant: The best answer is D. holding that the impact upon the victims is relevant to circumstances of the crime
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 number of shares of Restricted Stock and Remaining Shares are subject to adjustment by the Committee in the event of any increase or decrease in the number of issued Shares resulting from a subdivision or consolidation of the Shares or the payment of a stock dividend on Shares, or any other increase or decrease in the number of Shares effected without receipt or payment of consideration by the Company.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: are necessary to invoke the jurisdiction of the court over the subject matter. Verification requires a petitioner to attest “that the contents of the pleading verified are true to the knowledge of the person making the verification[.]” N.C. Gen. Stat. § 1A-1, Rule 11(b) (2003). Verification is defined as “[a] notarial act in which a notary certifies that a signer, whose identity is personally known to the notary or proven on the basis of satisfactory evidence, has, in the notary’s presence, voluntarily signed a document and taken an oath or affirmation concerning the document.” N.C. Gen. Stat. § 10A-3(9) (2003) (emphasis added). Our Supreme Court has held that notarization is insufficient to constitute verification. See Martin v. Martin, 130 N.C. 27, 28, 40 S.E. 822, 822 (1902) (<HOLDING>). Here, the Petition was notarized, the Options: A. holding that a batson challenge is not timely if the jury has been sworn and the venire dismissed and observing that sjeveral jurisdictions have closely analyzed batsons language and concluded that the us supreme court envisioned that a batson challenge must be made before the jury is sworn while citing numerous state decisions barring batson objections after the jury is sworn and the venire is dismissed B. holding that in the absence of a prior indictment probable cause for arrest is determined by the facts in the sworn complaint C. holding jeopardy attaches when jury is empanelled and sworn D. holding that in a suit on a sworn account the petition with an attached sworn account and verified affidavit of the sworn account was a liquidated claim proved by written instruments E. holding that the phrase sworn and subscribed to is defective as a verification

assistant: The best answer is E. holding that the phrase sworn and subscribed to is defective as a verification
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 amounts due under this Section shall be payable not later than 30 days after demand therefor, provided , however, that any Indemnitee that has received any indemnification payment pursuant to the express provisions of clause (b) preceding, shall promptly refund such payment to the extent that there is a final and nonappealable judgment of a court of competent jurisdiction that such Indemnitee was not entitled to such indemnification payment pursuant to the express provisions of clause (b) preceding.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: standards, the decision whether to submit lesser offense instructions is not a decision for the defendant, but rather for defense counsel after consultation with the defendant. Recent cases analyzing the effect of this change have concluded that under the current ABA standards, the decision whether to request lesser offense instructions is for defense counsel. See Cannon v. Mullin, 383 F.3d 1152, 1167 (10th Cir.2004) (based on change in third edition, "(whether to argue a lesser-included offense is a matter to be decided by counsel after consultation with the defendant"); Simeon, 90 P.3d at 184 (relying in part on the change in the ABA standards to hold that the decision to request lesser offense instructions rests with counsel); Mathre v. State, 619 N.W.2d 627, 629-31 (N.D.2000) (<HOLDING>). Additionally, we note that several Options: A. holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense B. holding that defense counsel was not ineffective for failing to consult with defendant about seeking lesser offense instructions because under current aba standards the decision is not one that must be made by defendant C. holding that counsel has a constitutionally imposed duty to consult with the defendant about an appeal when there is reason to think that a rational defendant would want to appeal D. holding that counsel may not be deemed ineffective under strickland for failing to object to jury instructions where this court previously upheld validity of those instructions E. holding that where trial counsel was not ineffective appellate counsel was not ineffective for failing to raise claim of ineffectiveness of trial counsel

assistant: The best answer is B. holding that defense counsel was not ineffective for failing to consult with defendant about seeking lesser offense instructions because under current aba standards the decision is not one that must be made by defendant
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: Schedule 4.18 sets forth a true, correct, and complete list of all of the Company’s U.S. and foreign (i) issued patents and patent applications, (ii) trademark registrations and applications and material unregistered trademarks, (iii) copyright registrations and applications and material unregistered copyrights, and (iii) design registrations and applications and material unregistered designs. Immediately following the consummation of the Transactions, the Company will be the sole and exclusive beneficial and record owner of all of the Intellectual Property registrations and applications set forth in Schedule 4.18 , and all such Intellectual Property is valid and enforceable. To the Knowledge of the Company, the Business as currently conducted does not require or use any Intellectual Property not owned by or licensed pursuant to a valid and enforceable license to, or with otherwise good title to, the Company. To the Knowledge of the Company, neither the Intellectual Property owned by the Company nor the conduct of the Business as currently conducted infringes, misappropriates, or otherwise violates any Person’s Intellectual Property rights, nor has any Person given notice to the Company to the contrary.

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

user: 2. The Receiving Party shall limit the possession and use of the Information to a “need-to-know” basis among its Representatives. 4. The Receiving Party agrees that the Information will be used solely for giving effect to the Business Under Discussion and further that it will not disclose to any person (i) the Information and (ii) the fact that the Information has been made available to the Receiving Party or that the Receiving Party have inspected any portion of the Information, for any reason or purpose whatsoever, unless the Providing Party has consented in writing to such disclosure or except as stated otherwise herein or as required by law, order, decree, regulation, or governmental agency request. No modification, amendment or waiver of this Agreement shall be binding unless it is in writing and signed by each of the Parties.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: In addition to all such rights of indemnity and subrogation as the Guarantors may have under applicable law (but subject to Section 3.03) in respect of any payment hereunder, each of the Borrowers agrees that (a) in the event a payment in respect of any Secured Obligation owed by such Borrower shall be made by any Guarantor (other than such Borrower or the Company) under this Agreement, such Borrower and the Company shall indemnify such Guarantor for the full amount of such payment and such Guarantor shall be subrogated to the rights of the Person to whom such payment shall have been made to the extent of such payment and (b) in the event any assets of any Guarantor (other than such Borrower or the Company) shall be sold pursuant to this Agreement or any Security Document to satisfy in whole or in part any Secured Obligations owed by such Borrower, such Borrower and the Company shall indemnify such Guarantor in an amount equal to the greater of the book value and the fair market value of the assets so sold.

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: Capitalized terms used in this Agreement and not specifically defined herein shall have the respective meanings ascribed thereto in the Plan. In the event of any inconsistency between the Agreement and the Plan, the terms of the Plan shall govern. The terms of the Plan are incorporated into this Agreement and the Restricted Stock Units are subject to the provisions of the Plan.

assistant: Defined 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: Upon or in connection with the distribution of cash in respect of the Stock Units, the Corporation shall deduct from such distribution the amount of any taxes which the Corporation may be required to withhold with respect to such distribution. The Director agrees to take any further actions and execute any additional documents as may be necessary to effectuate the provisions of this Section 11.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: if skype can not ( for whatever reason ) send your sms , skype will continue to try and send the message for up to 24 hours after which time the sms charge will be refunded to your skype credit balance automatically if delivery is unsuccessful .

assistant: None