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: 2012-Ohio-587, 2012 WL 504504, at ¶ 24, the majority opinion divided Broom’s allegations into two categories: injuries allegedly sustained as a result of the state’s following its execution protocol and injuries allegedly sustained as a result of the state’s deviating from its execution protocol. Treating the first category as a facial challenge to Ohio’s execution protocol, the court of appeals rejected the challenge as untimely. Id. at ¶ 31 and 34. The court also cited federal-court decisions affirming the constitutionality of state lethal-injection protocols. Id. at ¶ 35, citing Baze v. Rees, 553 U.S. 35, 128 S.Ct. 1520, 170 L.Ed.2d 420 (2008) (plurality opinion) (affirming Kentucky’s three-drug execution protocol); Cooey v. Strickland, 589 F.3d 210, 227-228 (6th Cir.2009) (<HOLDING>). {¶ 33} The Eighth District then separately Options: A. holding that the crossappeal time limit is jurisdictional B. holding that the failure to impose a time limit on the search for accessible veins did not make ohios protocol unconstitutional C. holding that time limit for filing petition for review is mandatory and jurisdictional D. holding that search of appellants suitcase found on the floor next to the couch on which he was sleeping was an unconstitutional search of his person and was not authorized by a search of the residence E. holding that the circuit judge did not have the authority to extend the thirtyday time limit for filing a notice of appeal

assistant: The best answer is B. holding that the failure to impose a time limit on the search for accessible veins did not make ohios protocol unconstitutional
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: therefore, defendant would not have suffered a great burden in traveling from Georgia to North Carolina to appear in the lawsuit. Moreover, there is no evidence in the record to suggest that it is more convenient for the parties to try this matter in Georgia than in North Carolina. See Cherry Bekaert & Holland v. Brown, 99 N.C. App. 626, 635, 394 S.E.2d 651, 657 (1990) (“Litigation on interstate business transactions inevitably involves inconvenience to one of the parties. When [t]he inconvenience to defendant of litigating in North Carolina is no greater than would be the inconvenience of plaintiff of litigating in [defendant’s state]... no convenience factors ... are determinative[.]” (citations and quotation marks omitted); Hankins v. Somers, 39 N.C. App. 617, 251 S.E.2d 640 (1979) (<HOLDING>). Defendant contests personal jurisdiction in Options: A. holding that a foreign subsidiary that is not registered to do business in north carolina has no place of business employees or bank accounts in north carolina does not design manufacture or advertise its products in north carolina and does not solicit business in north carolina cannot be subject to personal jurisdiction in north carolina even if some of the companys products do enter north carolina through the stream of commerce B. holding defendants georgia residents satisfied all the requirements of due process and were subject to personal jurisdiction in north carolina C. holding that because north carolina has opted out of the exemptions provided under 11 usc 522d the exemptions available for bankruptcy debtors in north carolina depend upon the law of north carolina D. holding that north carolina court lacked personal jurisdiction over illinois bank even though some of its customers resided in north carolina and loan proceeds were used in north carolina E. holding that north carolina has jurisdiction over a claim arising from an accident in mississippi because the original offer of employment was accepted over the telephone while the employee was in north carolina

assistant: The best answer is B. holding defendants georgia residents satisfied all the requirements of due process and were subject to personal jurisdiction in north carolina
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 separate those who understand the wrongful nature of their act from those who do not, but does not require knowledge of the precise consequences that may flow from that act once aware that the act is wrongful.”). “[C]ourts generally have not required proof of an additional culpable mental state when a statute has already prescribed a culpable mental state as to at least one element of the offense.” Celis, 416 S.W.3d at 428 n.13. Moreover, when it comes to the protection of children, we have frequently declined to impose a culpable mental state upon a circumstance-surrounding-conduct element of the offense in the absence of an express assignment of such a mental state—even when it was a circumstance that elevated the level of the offense. See, e.g., Aguirre, 22 S.W.3d at 475 & n.48 (<HOLDING>); Johnson v. State, 967 S.W.2d 848, 849-50 Options: A. recognizing the right to intervene in cases like this B. recognizing cases in which this court has declined to impose a culpable mental state with respect to the element of a childs age in statutes that protect children C. holding that regarding rule 9011 this court is only concerned with documents filed in this court and thus filings in state court provide no basis to impose sanctions under rule 9011 D. holding that under privacy act federal government waived its sovereign immunity with respect to actual damages but not with respect to damages for mental or emotional distress E. holding congress may impose civil and criminal sanctions with respect to the same act or omission

assistant: The best answer is B. recognizing cases in which this court has declined to impose a culpable mental state with respect to the element of a childs age in statutes that protect children
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the United States and the State of California, without reference to conflict of laws principles and excluding the 1980 U.N. Convention on Contracts for the International Sale of Goods.

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: 5. The Confidential Information shall remain at all times the property of the Company. No rights to use, license, or otherwise exploit the Confidential Information are granted to the Recipient, by implication or otherwise, by virtue of Confidential Information being made available to the Recipient or any of the Recipient’s Representatives.

assistant: Yes
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. Exclusions. “Confidential Information” excludes information which: (d) Recipient has independently developed without using any Confidential Information or breaching this Agreement; or (e) Discloser gives written permission to Recipient to disclose. Subject to the obligations of this Agreement, neither party will be precluded from independently developing technology or pursuing business opportunities similar to those covered by the Confidential Information disclosed hereunder. Each party acknowledges that the other party may currently or in the future be developing information internally, or receiving information from third parties, that is similar to the Confidential Information. Nothing in this Agreement will prohibit Recipient from developing or having developed for it products, concepts, systems or techniques that are similar to those contemplated by or embodied in the Confidential Information, provided the Recipient does not violate its obligations under this Agreement.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: plan, by failing to withdraw approval of the revenue allocation plan after becoming aware of substantial IGRA violations, and by otherwise failing to monitor and enforce tribal compliance with IGRA. (Amend.Compl. ¶¶ 100-122; 186-197.) Plaintiffs have not demonstrated they are likely to succeed on the merits of these claims. As a threshold issue, Plaintiffs have not demonstrated this Court has jurisdiction to review the Federal Defendants’ decisions not to investigate or sanction the Community for its membership determinations. An agency’s nonenforcement decision is presumptively not subject to judicial review. Heckler v. Chaney, 470 U.S. 821, 105 S.Ct. 1649, 84 L.Ed.2d 714 (1985); Twin Cities Chippewa Tribal Council v. Minnesota Chippewa Tribe, 370 F.2d 529, 531 (8th Cir.1967) (<HOLDING>); see also Ross v. Flandreau Santee Sioux Options: A. holding that federal courts do not have jurisdiction to interpret a tribal constitution or tribal laws B. holding that a tribal council was a necessary party in a suit challenging the councils designation by the secretary of interior as the beneficiary of reservation property C. holding that disputes involving questions of interpretation of a tribal constitution and tribal law is not within the jurisdiction of the district court D. holding that discretionary action of secretary of the interior in ratifying and approving amendments to a tribal constitution and bylaws was not subject to judicial review E. holding that tribal courts are not subject to the fifth amendments requirement of indictment by grand jury

assistant: The best answer is D. holding that discretionary action of secretary of the interior in ratifying and approving amendments to a tribal constitution and bylaws was not subject to judicial review
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: Melinta will reimburse you for all reasonable and necessary expenses you incur in connection with your employment with Melinta, subject to your presentment of appropriate documentation, in accordance with the published travel, meals and entertainment expense policies of Melinta.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Borrower will, and will cause each of its Subsidiaries to, cooperate with the Agent and the Lenders and execute such further instruments and documents as the Lenders or the Agent shall reasonably request to carry out to their satisfaction the transactions contemplated by this Agreement and the other Loan Documents.

assistant: Further Assurances
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: should not be imposed under the exception set forth in Rule XI, § 11(c)(4) (“[t]he misconduct established warrants substantially different discipline in the District of Columbia.”). B. The Kersey Mitigation Claim In support of his argument against identical discipline, respondent first contends that he meets the standard for mitigation of sanction under this court’s decision in Kersey, supra. In this jurisdiction, the Kersey standard requires proof that “but for [respondent’s] [disabling condition], his misconduct would not have occurred.” Kersey, 520 A.2d at 327 (staying execution of disbarment and imposing five years probation where attorney proved the requisite nexus between his alcoholism and the misconduct and rehabilitation); see also In re Temple, 596 A.2d 585, 590 (D.C.1991) (<HOLDING>). Subsequently, we held that in order to invoke Options: A. holding that an exception to the fourth amendment exclusionary rule applies where the police would have obtained the evidence if no illegality had occurred B. holding that an agreement between the commonwealth and a provider of prescription drugs for the medicaid program does not involve the extreme dependence necessary to support a due process claim C. holding that a food and drug administration publication recommending how and when various drugs should be prescribed is insufficient to establish the standard of care in an action for medical injury resulting from an alleged improper prescription D. recognizing under alabama law that drugs manufacturer owed duty to warn about potential dangers of using prescription drug for an offlabel to patients prescribing physician by drugs manufacturer E. holding that the kersey rule applies in a case involving an attorneys addiction to prescription drugs legally obtained

assistant: The best answer is E. holding that the kersey rule applies in a case involving an attorneys addiction to prescription drugs legally obtained
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any and all notices or other communications or deliveries to be provided by the Holder hereunder shall be in writing and delivered personally, by facsimile, sent by a nationally recognized overnight courier service, addressed to the Company, at 131 Columbia Turnpike, Suite 1, Florham Park, NJ 07932, attention: Chief Financial Officer, or such other address or facsimile number as the Company may specify for such purposes by notice to the Holder delivered in accordance with this Section. Any and all notices or other communications or deliveries to be provided by the Company hereunder shall be in writing and delivered personally, by facsimile, sent by a nationally recognized overnight courier service addressed to the Holder at the facsimile, telephone number or address of such Holder appearing on the books of the Company, or if no such facsimile telephone number or address appears, at the principal place of business of the Holder. Any notice or other communication or deliveries hereunder shall be deemed given and effective on the earliest of (i) the date of transmission, if such notice or communication is delivered via facsimile at the facsimile telephone number specified in this Section prior to 5:30 p.m. (New York City time), (ii) the date after the date of transmission, if such notice or communication is delivered via facsimile at the facsimile telephone number specified in this Section later than 5:30 p.m. (New York City time) on any date and earlier than 11:59 p.m. (New York City time) on such date, (iii) the second Business Day following the date of mailing, if sent by nationally recognized overnight courier service, or (iv) upon actual receipt by the party to whom such notice is required to be given.

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: filed recently by this Court, we rejected the argument that Richardson and Trujillo required the application of intermediate scrutiny when deciding the constitutionality of another statute of repose, NMSA 1978, Section 37-1-27 (Repl.Pamp.1990) (placing a ten-year limitation on actions for injuries resulting from “the defective or unsafe condition of a physical improvement to real property”). Both Richardson and Trujillo addressed the constitutionality of damage caps, which limited the amount of damages an individual otherwise entitled to recover damages could collect. See Trujillo, 110 N.M. at 623-32, 798 P.2d at 573-82 (addressing the constitutionality of NMSA 1978, Section 41-4-19(A)(2) (Repl.Pamp.1986), the Tort Claims Act’s damage cap); Richardson, 107 N.M. at 699, 763 P.2d at 1164 (<HOLDING>). Both cases recognized that an individual’s Options: A. holding that the termination of the fee cap did not affect litigation in progress when the fee cap was in effect B. holding that nmsa 1978 section 411111 replpamp1986 the damage cap in the dramshop act was unconstitutional C. holding the broad jurisdictional grant given the bankruptcy courts under the 1978 bankruptcy act unconstitutional D. holding that the commission had jurisdiction to review rates and thus delay implementation of nmsa 1978 section 623a18a 1999 replaced by section 62645 in 2003 because the removal of franchise fee charges from the rate base necessarily required a modification of rates E. recognizing the creation of constructive employees under nmsa 1978 section 52122 1989

assistant: The best answer is B. holding that nmsa 1978 section 411111 replpamp1986 the damage cap in the dramshop act was unconstitutional
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: priority period of section 507(a)(8)(A)(i) is suspended by 11 U.S.C. § 108(c) and 26 U.S.C. § 6503(b) and (h), for the time that the automatic stay prevents the IRS from collecting outstanding tax debts. Id. at 493; see also Saunders v. United States, 240 B.R. 636 (S.D.Fla.l9 (In re Harris), 203 B.R. 558, 560 (Bankr.D.Del. 1996) (“I conclude that ‘the literal application of [§ 523(a)(15) ] will produce a result demonstrably at odds with the intentions of its drafters’ and that the literal statutory language of § 523(a)(15)(A) need not be followed. Therefore, I agree with the court in Finaly that only the debtor’s spouse or former spouse can maintain an action under § 523(a)(15).”) (internal citation omitted); In re Kirkish v. Meritor Sav. Bank, 144 B.R. 367, 369 (Bankr. W.D.Mich.1992) (<HOLDING>). Section 502(b)(3) originated from the second Options: A. holding that 11 usc 523a8 does not prohibit comaker or cosigners of a student from discharging the debt because the legislative history clearly focusing on the students nondischargability compels a narrow interpretation of what constitutes an education loan so as not to include comakers or cosigners within the provision B. recognizing two lines of authority one where courts find prevention of unfair competition to be primary purpose and other where courts prescribed a broader interpretation of the statute focusing on the multiple objectives of congress in enacting the unrelated business income tax and concluding that a study of the statute the regulations the legislative history and the cases inclines us toward the latter view C. holding that the njcfa applies to the offering sale or provision of consumer credit here 100000 loan for the education of plaintiffs daughter D. holding that we may consult legislative history as an aid to the interpretation of ambiguous text E. holding that records of students evaluation by school psychologist were not subject to the psychologistpatient privilege because the student and his mother did not expect the communications to remain confidential and because the purpose of the interview was to assess the students need for special education services not for the purpose of treatment or counseling

assistant: The best answer is A. holding that 11 usc 523a8 does not prohibit comaker or cosigners of a student from discharging the debt because the legislative history clearly focusing on the students nondischargability compels a narrow interpretation of what constitutes an education loan so as not to include comakers or cosigners within the 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: The Representatives may terminate this Agreement (i) at any time prior to the Closing Date by written notice to the Company if any of the events described in Section 7(d) (No Material Adverse Change) shall have occurred or if the Initial Purchasers shall decline to purchase the Securities for any reason permitted by this Agreement or (ii) on the Closing Date if any condition described in Section 7 is not fulfilled or waived in writing by the Initial Purchasers on or prior to the Closing Date. Any termination pursuant to this Section shall be without liability on the part of (a) the Company or the Guarantors to the Initial Purchasers hereunder, except that the Company and the Guarantors shall be obligated to reimburse the Initial Purchasers for out-of-pocket expenses (including fees and expenses of their legal counsel) incurred by the Initial Purchasers and their designated affiliates in connection with their services provided hereunder or (b) the Initial Purchasers to the Company or the Guarantors, except, in the case of each of clauses (a) and (b), that the provisions of Sections 9 and 10 hereof shall at all times be effective and shall survive such termination.

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 legal provision and list the applicable contract clause categories. Provision: TJC is not a party to, subject to or bound by any agreement, judgment, order, writ, injunction, or decree of any court or governmental body that prevents or impairs the carrying out of this Agreement. The execution, delivery and performance of this Agreement and all other documents, instruments and agreements contemplated hereby have been duly authorized by TJC’s Board of Directors. All other actions (including all action required by state law and by the organizational documents of TJC) necessary to authorize the execution, delivery and performance by TJC of this Agreement, the Note, the bill of sale transferring the Assets, the assignments in connection herewith and the other documents, instruments and agreements necessary or appropriate to carry out the transactions herein contemplated, have been taken by TJC. Upon the execution of this Agreement and the other documents and instruments contemplated hereby by TJC, this Agreement and such other documents and instruments will be the valid and legally binding obligations of TJC, enforceable against it in accordance with their respective terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting creditors’ rights generally, and subject, as to enforceability, to general principles of equity, including principles of commercial reasonableness, good faith and fair dealing (regardless of whether enforcement is sought in a proceeding at law or in equity).

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: The Plan is incorporated by reference. The Plan, this Agreement (including any applicable addendum) and the Unfair Competition Agreement constitute the entire agreement of the parties with respect to the subject matter hereof and supersede, in their entirety, all prior undertakings and agreements of the Company and the Executive with respect to the subject matter hereof.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed shall constitute an original, but all of which taken together shall be one and the same instrument. In proving this Agreement, the Loan Agreement or any of the Other Documents, it shall not be necessary to produce or account for more than one such counterpart signed by the party against whom enforcement is sought. Delivery of an executed counterpart of this Amendment, or any other document or agreement executed in connection therewith, by telecopier or electronically shall have the same force and effect as delivery of an original executed counterpart of this Amendment and such other document or agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: The Company agrees to employ the Executive, and the Executive agrees to be employed by the Company, in each case pursuant to this Employment Agreement, for a period commencing on the Effective Date and ending on the earlier of (i) December 31, 2021 and (ii) the termination or resignation of the Executive’s employment in accordance with Section 3 hereof (the “ Term ”).

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: Tenant represents and warrants that it has not worked directly or indirectly with any broker with respect to the leasing of the Expansion Space or extension of the Term other than Catherine Thompson/DTZ. Landlord represents and warrants that it has not worked directly or indirectly with any broker with respect to the leasing of the Expansion Space or extension of the Term other than Ron Perry at Colliers. In connection with the foregoing, the Tenant and Landlord each agree to indemnify, defend and save harmless the other party against any and all claims for a commission by a broker, person or firm whom each party has dealt with in connection with the execution and delivery of this Amendment.

assistant: Brokers
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: as a result of Defendant’s disposal of C8. As to loss of use, Defendant contends that Plaintiff cannot show any loss of use of its property as a result of C8 contamination. Throughout litigation, Plaintiff has argued that the C8 contamination interfered with its Five-Year Plan, originally drafted in 1995, which includes the blueprint to expand its water supply to three areas: Decatur Township 250, Barlow Township 261, and Palmer Square. Further, Plaintiff has alleged that the C8 contamination hindered its plans to drill a new production well. First, regarding the Five-Year Plan, Defendant responds that the Plaintiff cannot sustain an injury under private nuisance to expand into land it does not yet own. Gevelaar v. Millennium Inorganic Chemicals, 2013-Ohio-435, ¶¶ 30-31, 2013 WL 501745 (<HOLDING>). Next, Defendant avers that these plans are Options: A. holding that plaintiff could not recover medical bills that were discharged in bankruptcy B. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent C. holding defendant that did not present its own claim under chapter 38 could not recover attorneys fees D. holding that termite damage does not fall within the meaning of property damage in the policy because the alleged misrepresentations did not cause the damage the termites did E. holding that the plaintiff could not recover fees for time spent on unsuccessful motions

assistant: The best answer is B. holding plaintiff could not recover on nuisance action to recover for alleged damage to property he does not own or rent
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: you understand that the technical processing and transmission of the yahoo services , including your content , may involve ( a ) transmissions over various networks ; and ( b ) changes to conform and adapt to technical requirements of connecting networks or devices .

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: In the event of a breach by any of the Credit Parties in the performance of any of the terms of this Agreement, the Agent, on behalf of the Financing Parties, may demand specific performance of this Agreement and seek injunctive relief and may exercise any other remedy available at law or in equity, it being recognized that the remedies of the Agent on behalf of the Financing Parties at law may not fully compensate the Agent on behalf of the Financing Parties for the damages they may suffer in the event of a breach hereof.

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: we provide the skyscanner services and platforms on an ` as is ' basis and expressly disclaim all warranties , conditions and guarantees of any kind , whether express or implied , including but not limited to , the implied warranties of title , non-infringement , merchantability and accuracy , as well as any warranties implied by usage of trade , course of dealing or course of performance .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: each time you submit any user content , you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian , or have all proper consents from the parent or legal guardian , of any minor who is depicted in or contributed to any user content you submit , and that , as to that user content , ( a ) you are the sole author and owner of the intellectual property and other rights to the user content , or you have a lawful right to submit the user content and grant linden lab the rights to it that you are granting by this agreement and any additional terms ( as defined in section 2.2 below ) , all without any linden lab obligation to obtain consent of any third party and without creating any obligation or liability of linden lab ; ( b ) the user content is accurate ; ( c ) the user content does not and , as to linden lab 's permitted uses and exploitation set forth in this agreement , will not infringe any intellectual property or other right of any third party ; and ( d ) the user content will not violate this agreement or any additional terms , or cause injury or harm to any person .

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: All of the files, lists and records included in the Assets which are reasonably required by the Seller or the Seller Members for the preparation of Tax Returns for tax periods commencing prior to the Closing Date, the determination of the final Purchase Price or the resolution of any dispute between the parties hereto or any Governmental Authority, shall, on reasonable written notice, be made available to the Seller by the Buyer, during normal business hours, for examination and duplication (at the expense of the Seller) after the Closing at Buyer's offices, for a period of six (6) years from and after the Closing Date. The Buyer, at the sole expense of the Seller and the Seller members, shall provide such commercially reasonable cooperation to the Seller in connection with any audit, inquiry or investigation by any Governmental Authority in connection with any Tax matter involving the Assets, the Assets or the Business for taxable periods or portions thereof commencing prior to the Closing Date. Prior to the Closing Date, the Seller shall have taken any and all such actions as may be reasonably necessary or required to fully comply with all Environmental Laws. Without limiting the generality of the foregoing, prior to the Closing Date, the Seller shall remove from each and all of the Business Locations, any and all Hazardous Materials which are located at, used for or stored at the Business Locations, where such removal of any and all Hazardous Materials shall be at the sole cost and expense of the Seller and the Seller Members (or if paid by any of the Seller, then included as a reduction in determining the Closing Net Working Capital) and shall be in full and complete compliance with all Legal Requirements applicable to such Hazardous Materials and/or such removal.

assistant: Cooperation
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 agrees to reimburse Observer for the actual and reasonable costs and expenses of the Observer that the Observer incurs in connection with the enforcement of this Agreement or any claim, damages or litigation relating to any breach of this Agreement, if the Company is found to have breached this Agreement.

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

user: Read the legal provision and list the applicable contract clause categories. Provision: Mirati shall keep, and shall cause its Affiliates and Sublicensees to keep, complete, true and accurate books of accounts and records, in accordance with GAAP and sufficient to determine and establish the amounts payable to Array under this Agreement, and compliance with the other terms and conditions of this Agreement. Such books and records shall be kept at the principal place of business for a Party for at least [***] following the end of the calendar quarter to which they pertain and shall be made available for inspection throughout such [***] period by an independent Third Party auditor selected by or under authority of Array for such purposes in accordance with Section 8.5 below.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: § 341. 4 .It should be noted that there is another class action pending before same district judge who decided POM Wonderful. See Saedian v. The Coca Cola Co., No. 2:09cv06309-SJO-JPR (C.D.Cal.) (Otero, J.). The plaintiffs there bring claims against what appears to be the same product. The instant case was stayed pending a decision by the Judicial Panel on Multidistrict Litigation (“JPML”) on whether to transfer or consolidate it with the Saedian case. ECF No. 30. This Court lifted the stay after the JPML denied the Defendants’motion. ECF No. 31. 5 . The preemption clause makes no mention of § 343(a). 6 . It is true that not every violation of the FDCA will support a state-law claim. See Buckman Co. v. Plaintiffs' Legal Comm., 531 U.S. 341, 353, 121 S.Ct. 1012, 148 L.Ed.2d 854 (2001) (<HOLDING>); cf. Papas v. Upjohn Co., 985 F.2d 516, 518-19 Options: A. holding that plaintiffs state claims were not preempted because defendant failed to show that these claims rested on standards other than those permitted by the fda B. holding that express warranty claims that could only arise out of fda approval are preempted C. holding that state claims for fraudulent submissions to the fda were preempted D. holding fraudulent representations to the fda could not sustain statelaw claims E. holding that 14501c1 preempted statelaw claims of fraudulent and negligent misrepresentation and money had and received related to billing practices of motor carrier of property

assistant: The best answer is D. holding fraudulent representations to the fda could not sustain statelaw claims
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: This Agreement and the other Loan Documents represent the entire agreement of the Borrowers, the Administrative Agent, the Arranger and the Lenders with respect to the subject matter hereof and thereof, and there are no promises, undertakings, representations or warranties by the Arranger, the Administrative Agent or any Lender relative to subject matter hereof not expressly set forth or referred to herein or in the other Loan Documents.

assistant: Integration
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: (a) Subject to the releases and waivers of subrogation contained or required by this Lease, Tenant shall defend with counsel reasonably approved by Landlord, indemnify and hold harmless Landlord, all employees, officers, directors, partners, members and shareholders of Landlord, Mortgagees of the Property, the Association and any other party having an interest therein from and against any and all liabilities, losses, damages, costs, expenses (including reasonable attorneys' fees and expenses), causes of action, suits, claims, demands or judgments of any nature arising from or with respect to (a) any injury to or death of any person or damage to or loss of property in, on or about the Premises or connected with the use, condition or occupancy of any thereof, (b) any breach or violation by Tenant of any of the terms, conditions or provisions of this Lease, (c) any act, omission, fault, misconduct, negligence or violation of applicable laws and regulations by Tenant or any Tenant Parties, (d) any Hazardous Substances or other pollutants brought, generated, stored, used, installed, disposed of, spilled, released, emitted or discharged on, in or from the Premises or the Property, or allowed, permitted or suffered to be brought, generated, stored, used, installed, disposed of, spilled, released, emitted or discharged thereon, therein or therefrom, by Tenant or any Tenant Parties, in violation of Section 7.6 or otherwise, (e) any construction or other work by Tenant on or about the Premises pursuant to Article 8 or otherwise.

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: The Option shall terminate and may no longer be exercised if Grantee ceases to provide Service to the Company or its affiliates, except that: (i) if Grantee’s Service shall be terminated for any reason, voluntary or involuntary, other than for “Cause” or Grantee’s death or disability Grantee may exercise the Option during the next available Put Window (as defined in the terms and conditions of such Options) to the extent the Option was vested and exercisable by Grantee on the date of the termination of Grantee’s Service; (ii) if Grantee’s Service is terminated for Cause, the Option shall be terminated as of the date of the act giving rise to such termination; and (iii) if Grantee’s service terminates due to death or disability such vested Options may be exercised during the next available Put Window after Grantee’s termination of Service by Grantee, or personal representatives, administrators or guardians of Grantee as applicable, or by any person or persons to whom the Option is transferred by will or the applicable laws of descent and distribution. Notwithstanding the above, in no case may the Option be exercised to any extent by anyone after the Expiration Date. All unvested options shall be forfeited if Grantee ceases to provide Services to the Company or its affiliates regardless of the circumstances for such separation.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: N.E.2d 902 (2005). Defendant and the majority rely heavily on People v. Jenkins, 141 Ill. App. 3d 602, 490 N.E.2d 953 (1986), in support of their positions. In Jenkins, the Fourth District held that, generally, the proper remedy for a court’s failure to properly admonish a defendant about the possibility of restitution is to vacate the restitution order. Jenkins, 141 Ill. App. 3d 602, 490 N.E.2d 953. The line of cases behind the Jenkins decision treated a court’s guilty plea admonitions as implied promises between the court and a defendant. People v. Seyferlich, 398 Ill. App. 3d 989, 924 N.E.2d 1212 (2010). However, since Jenkins was decided, the Fourth District has not repeated the Jenkins holding based on the implied promise theory. Seyferlich, 398 Ill. App. 3d 989, 924 N.E.2d 1212 (<HOLDING>). I would not follow Jenkins but instead turn Options: A. recognizing the districts duty of care for the protection of school children in its schools B. recognizing that municipal corporations can include under the missouri constitution in addition to cities and towns counties school districts townships under township organization special road districts and drainage districts C. recognizing that the fourth districts decision in harris called into doubt the continued viability of jenkins D. recognizing potential viability of claims based on postapproval events E. recognizing application of sovereign immunity to school districts

assistant: The best answer is C. recognizing that the fourth districts decision in harris called into doubt the continued viability of jenkins
system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the legal provision and list the applicable contract clause categories. Provision: Any provision of this Agreement, which is invalid or unenforceable in any jurisdiction, shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof, and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provisions in any other jurisdiction.

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 following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: the materials , information and opinions included and/or expressed in or on public accounts and/or public chats , comment sections , community pages , or other forums on this service ( `` forums '' ) are not necessarily those of the viber group or content providers .

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

user: Read the following Terms of Service clause and list all applicable unfairness categories. If none apply, answer with None. Clause: upload , post , email , transmit , or otherwise make available any material that contains software viruses or any other computer code , files or programs designed to interrupt , destroy or limit the functionality of any computer software or hardware or telecommunications equipment ;

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 failure of Company to enforce at any time any terms, covenants or conditions of this Award Agreement shall not be construed to be a waiver of such terms, covenants or conditions or of any other provision. Any waiver or modification of the terms, covenants or conditions of this Award Agreement shall only be effective if reduced to writing and signed by both Participant and an officer of H&R Block (other than Participant) designated for such purpose by the Board.

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

user: Read the case excerpt and choose the best holding from the options. Case excerpt: and Yarbrough refiled their Rule 59(e) motion in case number CV-2009-900753.80. RCH now argues that that April 5 motion was untimely because a motion to alter, amend, or vacate a judgment must be filed “not later than thirty (30) days after entry of the judgment,” and Hackel and Yarbrough’s April 5 motion was filed in case number CV-2009-900753.80 on the 31st day after the judgment was entered. Rule 59(e). Accordingly, RCH argues, that untimely Rule 59(e) motion did not toll the 42-day period for filing a notice of appeal, and the notice of appeal filed by the appellants on July 24, 2012 — 141 days after the trial court’s March 5 judgment — was untimely, thus making it necessary for this Court to dismiss the appeal. See Miller Props., LLC v. Green, 958 So.2d 850, 851-52 (Ala.2006) (<HOLDING>). We agree with RCH that the motion filed on Options: A. holding that a district court may not construe an untimely notice of appeal as a motion for extension of time B. holding that the court did not have jurisdiction to hear an appeal after an untimely filing of a notice of appeal C. holding that tenday time limit to appeal is both mandatory and jurisdictional and an appellate court has no jurisdiction over an untimely filed appeal D. holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal E. holding that an unauthorized motion for rehearing does not toll defendants time for filing a notice of appeal

assistant: The best answer is D. holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal
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 request by either Party from time to time during the Term, each Party hereto agrees to execute and deliver all such other and additional instruments, notices and other documents and do all such other acts and things as may be reasonably necessary to carry out the purposes of this Agreement and to more fully assure the Parties’ rights and interests provided for hereunder.

assistant: Further Assurances